Policing and Crime Bill

Earl of Lytton Excerpts

Monday 18th July 2016 Lords Chamber

[The Earl of Lytton (CB)]

My Lords, I declare such interests as I have outside the work of this House only in respect of the fact that I hold a firearms licence, although your Lordships will be glad to know that it is not on firearms that I intend to speak today. I welcome the chance to debate the Bill, despite the number of trees that appear to have been felled in order to print it and its associated documentation. It is the next, if not the final, stage in a process set in place by our new Prime Minister when she was Home Secretary, which she undertook with great courage, if I may say so, but it remains unfinished business.

I echo what others have said: our police forces are a vital resource. I pay tribute to the courage of those who serve in them and their willingness to put themselves in danger for the protection of the public, as the noble Lord, Lord Wasserman, said. Their record of interrupting criminal activities is a fine one and I do not believe that the majority of officers are anything other than thoroughly decent, diligent and honest.

The Minister outlined the Government’s intentions, to which I add my broad support. The noble Lord, Lord Rosser, identified a number of undeniably good bits in the Bill. But the fact remains—and this is why I may appear relentlessly critical of a service that I consider so very important—that there are still far too many shortcomings and I do not believe that their causes or frequency have reduced materially. Indeed, I believe it is a cultural matter.

On crime figures, the Office for National Statistics has downgraded police crime records to what I can describe only as near-junk status. On what government Ministers will now base claims in relation to crime trends I know not, when it is clear that whole areas of activity are imperfectly recorded, if at all. I do not regard the misrecording of crime as a trivial matter; rather, as the police themselves might say, I tend to the view that apparently small infractions could be indicators of more serious activity. It certainly has terrible consequences, as illustrated in the Rotherham and Jacqueline Oakes cases. Criminologist Dr Rodger Patrick, to whom I spoke recently, has labelled the latter as a “Nelson’s eye” approach to known issues.

I have been tracking since 2012 the case of a one-time senior parliamentary researcher to a now-deceased member of your Lordships’ House. It involves the South Wales Police area. I have identified a number of elements that I regard as questionable. First, there appears to have been the inclusion without proof of names on a database of persons whom the police—on their own whim—thought might be troublesome, and unregulated sharing of those data with other agencies. The standard force wording, which appears without evidence or caution, reads:

“You should be aware that these details will be placed on an anti-social behaviour database which holds information relating to those involved in such behaviour. This information will be held in accordance with the Data Protection Act 1998 and may be shared with partner agencies if this is necessary to prevent crime and disorder, as permitted by the Crime and Disorder Act 1998”.

This seems to bypass the oversight of the data commissioner and is outside the subject data access system.

Secondly, there appear to have been attempts to coerce a neighbour into a deal that was intended to be prejudicial to another claimant party. I quote from an August 2007 neighbour witness statement in connection with a child constantly kicking balls into the adjoining garden. It says:

“At the time of my meeting with the Police in November 2006 we were advised by the Police that the Claimant was well known to them and that they had had many dealings with him. The Police also advised us that should the Claimant’s accusations continue, his next step would be to contact the local Police’s regional superiors and inform them that he had made several complaints regarding balls going into his garden, and that nothing had been done about it. As a consequence, The Police attempted to pre-empt the Claimant’s next step by offering us a kind of ‘deal’ whereby our eldest son”—

I will not give the name—

“(fourteen years old at the time) would accept a Level 1 ASBO for playing football in our back garden in order that the Police could issue the Claimant with a Level 2 or 3 ASBO. I and my wife were very apprehensive about this ‘deal’ at the time and the whole affair”.

Well they might be. I shared those comments with Dr Patrick and he said:

“This may appear to be a minor incident but I suspect it represents the tip of a very large iceberg; it involves the clearest abuse of non-judicial disposals which is blighting the prospects of citizens and risks the criminalisation of childhood”.

It is also an example of what might be termed in the trade “stitching”.

Next, there was conflation of what was and should have been treated as a civil property boundary matter into a criminal harassment case. There was the unjustified alteration of a charge sheet without the accused’s knowledge, apparently to beef up the case. Here the amendment was to introduce a false reference to violence—highly significant when one realises that the accused was a keen target shooter and that the amended wording would be fatal to his continued holding of a firearms licence. Then there was interference with witness statements and the use of redacted witness evidence. A piece of information that came to me—indeed, I identified it as false—was a bit of photographic evidence used in the criminal proceedings, which had been doctored. There was the manipulation of process, including defying the order of a judge in relation to disclosure, to the material detriment of a defendant’s case. In addition to all this, important documents mysteriously went missing from the court files so that they could not be brought before the judge.

By all these means there was the procurement of a conviction and the imposition of a restraint order of such severity that it prevented the accused defending himself against subsequent opportunistic incursions by the neighbour with whom the original dispute had started. There was a deliberate failure by the police to investigate or prevent such actions; a refusal to investigate instances of potential sabotage of a motor vehicle; and apparent collusion involving bodies such as the City of Cardiff Council and Welsh Water in a manner prejudicial to proper public administration and, in my view, obstructive of investigations by independent professionals and the reasonable interests of a private householder.

I can only speculate on why things were taken to such spectacularly questionable lengths but I suppose it might be connected with the accused’s knowledge of firearms and his detailed research into police corruption, coupled with his publicly challenging some influential local interests through the local police and communities together—PACT—committee. There was certainly motive and opportunity for certain vested interests to want him silenced, and from a police point of view, in the light of the Lynette White, “Newsagent Three” and Sean Wall cases, there was every reason for an interested parliamentarian and his researcher to seek to expose the truth about police actions.

Sadly, this case is not isolated; nor does it affect only small fry or little local neighbourhood spats. I will not reel off my list of previous failings up and down the country, but will point to the further information we now have in respect of Hillsborough and Rotherham; the deliberate attempt by the Metropolitan Police Service to prevent scrutiny which involved shedding documents, as noted in the Ellison inquiry; and the multiagency failings which had fatal outcomes in the Kayleigh-Anne Palmer case. Jacqueline Oakes might still be alive had proper attention been paid to known circumstances and instances of violent abuse. Therefore, ongoing gaming activities in the West Midlands force, which Dr Patrick refers to, cannot be regarded as entirely innocent. Then there was the aptly named “Nick”, the supposedly reliable informant whose allegations—inadequately checked, it appears, by the police—caused several notable people with outstanding records of public service to be implicated in some very serious offences. Indeed, one Member of your Lordships’ House went to his grave with the finger of suspicion still pointing at him, when the police already knew some time prior that there was no credible evidence against him. Therefore, a revised pre-charge bail provision would perhaps make some difference to such matters.

Your Lordships will recall the police raid on a celebrity’s home in which the media had been tipped off previously so that their helicopter was overhead as the police arrived, and that subsequently the chief constable in question appeared before the Home Affairs Select Committee but dodged the question of how the press had known about it before the police arrived, claiming that it was an “operational matter”. This was just one of several celebrities to be poorly treated. As serious as child sexual exploitation and similar crimes may be, they do not justify the methods of a witch-hunt.

This is all totally unacceptable. I note the Committee on Standards in Public Life report by my noble friend Lord Bew, who I think may be lurking behind me somewhere, entitled Tone from the Top, in which it was mentioned that around a third of police forces are under some sort of investigation. That is far too many. It boils down to this: the police have been given non-recourse powers to decide on their own initiative who is the party at fault. In the context of anti-social behaviour and harassment, their powers are near absolute. However, the police are currently ill-suited for such a task. When challenged, there is often cover-up, and obfuscation and blocking measures are put in place; when cornered, their get-out-of-jail card is to claim it is an “operational matter”; and if it involves one of their own or an associate, they quite literally close ranks. These things are not in any way unique to the police, but cultural matters in all sorts of organisations. However, in the police this happens to be of particular importance.

I would therefore welcome the strengthening of police regulation and oversight through the Bill, were I convinced that it was not just rearranging the deckchairs or rebranding. I have long considered that both HMIC and the IPCC are too close to policing themselves, too imbued with police culture and too narrow in their focus. I hope the Bill will put that right and I am glad to see that police-on-police investigation may be set to reduce, because procedurally this fails the standards of independence, objectivity and necessary vigour on behalf of the public. However, I am doubtful whether the proposed complaints handling by police and crime commissioners is the answer, and some PCCs seem to be far too close to their chief constables. Scrutiny across multiagency working seems to be addressed in the Bill, but only by creating multiple scrutineers who must work together. This should long since have been the case but it is precisely what has not been working, so I hope noble Lords will forgive my doubts about that. I therefore advocate tighter measures.

The question of what constitutes “operations” needs to be clarified and updated. While I accept that there should be no political interference in front-line and especially necessarily covert activities, there should none the less be accountability and proper independent scrutiny, even if some of it is behind closed doors. There is also a need to address political influence over police activity through the target culture, which was identified as long ago as 1999, in an HMIC report. Political convenience cannot come before performance of public duty.

This is no time for half measures or tinkering at the edges. So long as public policy does not force effective performance and integrity across the piece, each player will operate to the rules and agendas it makes up for itself. That has to stop. If there is political will, we can fix many of these things in the Bill, and I hope there will be some consensus in seeking to amend it.

Police: Report of the Committee on Standards in Public Life

Earl of Lytton Excerpts

Monday 23rd November 2015 Grand Committee

Asked by

[The Earl of Lytton]

To ask Her Majesty’s Government what proposals they have to improve police leadership, accountability and ethics in the light of the report of the Committee on Standards in Public Life Tone from the top.

[The Earl of Lytton (CB)]

My Lords, I am delighted to introduce this short debate on the report of the Committee on Standards in Public Life, entitled Tone from the Top. My interest in police accountability is not original. It started with Lord Corbett of Castle Vale and his researcher, and the fact that I was able to source a PhD paper from one Dr Roger Patrick, which delved into all sorts of matters on the reporting of crime. I then raised the issue before the House in a short debate in March 2013. Subsequently, the Public Administration Select Committee looked into the matter. Following that, the Committee on Standards in Public Life made its investigation and report. I am delighted that the author of that report, the noble Lord, Lord Bew, as chairman of the Committee on Standards in Public Life, is with us. I congratulate him on his committee’s report.

I continue by declaring what I believe is an important matter: the fundamental importance of policing in this country. It is a vital first service. It must command the confidence of the public at large, of business and of government. I pay tribute to the many officers who willingly face danger in the interests of protecting the public. There remains a high level of public confidence and support, even though it has taken a bit of a hit over recent years because of a number of high-level failings and revelations referred to in the noble Lord’s committee’s report. Stories continue to come out weekly, if not daily.

Responsibility for checking crime recording is claimed by Her Majesty’s Inspectorate of Constabulary, so it is unsurprising that following the Public Administration Select Committee’s report, the Committee on Standards in Public Life turned its attention to the means of accountability set up under the coalition Government—namely, the police and crime commissioners and the panels that work with them. The Home Affairs Committee described this as the creation of,

“a system that relies on local scrutiny and the main check is at the ballot box”.

It also remarked that this comes round only every few years.

Since their creation, several factors have come to light. First, it is fair to say that there has been a bit of a democratic deficit in terms of poor voter response. That feature has not been improved on in subsequent intermediate elections for replacement PCCs. Secondly, many of the police and crime commissioner candidates came from party-political backgrounds. From my own standpoint—from where I sit in the House—I think that a greater degree of political neutrality would have been more appropriate.

Thirdly, some PCCs came to their posts with a history of police or allied area involvement. In some cases it appeared that this might—and in some cases did—impede their role of holding a chief constable to account. Fourthly, while PCCs have a sanction against the chief constable, this may not drill down to the culture of policing in the middle ranks. Example may be from the top, but leadership deficits pointed to by others may mean that this does not permeate through the force, leaving some cultural practices effectively unchanged and unchallenged. Fifthly, PCCs, and indeed their panels, seem to have had a reluctance to challenge anything remotely associated with what the police might choose to claim to be operational matters. I note that the CSPL report comments on the reluctance of one PCP to cross that line.

In respect of police and crime commissioner performance, the report makes some significant recommendations, which I shall paraphrase because I know that the noble Lord, Lord Bew, will want to flesh some of them out. They fall into the areas of standards, evaluation, sanctions, disclosure and transparency, objectivity in dealing with complaints and safeguards in appointment procedures.

Although the intention was that PCCs would better hold the police to account, that was never the only mechanism. Her Majesty’s Inspectorate of Constabulary, the Independent Police Complaints Commission, the College of Policing, the Home Office, parliamentary committees and so on all have a role to play, but it seems to me that none of the issues of “gaming” of crime figures, which I referred to back in 2013, has gone away. Dr Rodger Patrick—yes, the same one—tells me that it is continuing. He believes that it is institutional and, having seen some of his evidence, I have to agree with his interpretation.

Even HMIC seems to admit that police under-recording of crime may be significant, but then it gave the West Midlands force an improbably high approval rating of 99% for its recording procedures. However, at the very time that it was carrying that out audit, circumstances were unfolding which led to the eventual murder of Jacqueline Oakes in January 2014. Apparently the force knew about Ms Oakes’s killer and the history of violence and abuse. It seems that the IPCC has now served notices on 26 serving officers, seven police staff and two officers who have left the force in connection with this case. This suggests an institutional issue and a failure to record information—the precise factor that HMIC was supposed to audit. I am told that, subsequently, the West Midlands PCC examined 13 domestic homicide reviews from that force and found that in more than half of them there was a failure by the police to take robust action. So, even had incident reporting been as good as HMIC suggested, the resultant action was defective.

Middlesex University reported on West Midlands’s domestic homicide reviews in July 2014. This found that the process remained less than joined up, with many stakeholders, different and poorly integrated areas of focus and an absence of holistic management. Dr Patrick, whom I regard as a great expert on crime recording and statistics, has pointed out that the HMIC methodology of auditing forces’ performance is weak. Of course, we will probably never know whether these factors contributed to the death of Ms Oakes.

There is a line in the sand on the question of oversight of police operations. The definition of “operations” as a term of art matters and is based on understandings that go back to the 1920s or earlier. The details of response to an emergency, the sources of information used to disrupt criminal activity and the methodologies for apprehending wrongdoers would of course qualify as being operations. However, there has to be transparency and accountability by the police. If, as I apprehend, freedom from interference in operations can in certain circumstances translate in modern terms into a denial of any oversight rights at all, I think it is time to redefine what is or is not “operational” in this context.

In a conversation today with one of the police force deputy commissioners, other issues came to light, particularly in connection with youths in custody, where there are few, if any, common protocols linking the police activity with that of local authority education or social services departments. Furthermore, it seems that there are no protocols setting out the respective areas of activity of HMIC and IPCC and how these interleave. If either had a clear road map of their scope and activities, such a protocol would be unavoidable. So on one level agencies defend their turf vigorously; on others, there is unnecessary overlap; and, on a third, there are some significant gaps which erode confidence and ruin, degrade and may even cost lives.

My point is this: all the regulators of the police—police and crime commissioners, HMIC, the IPCC, the College of Policing, the Home Office and so on—are themselves to a degree embedded with policing, and I wonder whether this does not in some circumstances interfere with true independence and objectivity in holding to account those who need to be held to account. For their part, police and crime commissioners walk a tightrope: they need to work with their chief constable in a collaborative manner but yet be able to take the ultimate sanction if need be. But they can only be as good as the performance of other regulators permits.

I finish, with his consent, with a quote from the speech by the noble Lord, Lord Bew, at the annual Newsam Memorial Lecture 2015 hosted by the College of Policing. He said:

“It is no good preaching principles and codes in an organisation if, for example, promotions, pay and other incentives actually encourage something quite different. A number of investment banks had exemplary statements of values. But what was actually rewarded in them, right up to their chief executives, was excessive risk-taking and the pursuit of profit at the expense of customer service”.

So ongoing indifference, acquiescence, rewarding poor performance, an administrative Nelson’s eye, if you like, and poor leadership remain. Indeed, Tone from the Top is a prophetic title. This matters. Confidence in the forces of law and order and the cohesion of society are at stake—as, ultimately, is the rule of law. That is why this report is important for what it says and what it infers, and why it requires government attention.

Queen’s Speech

Earl of Lytton Excerpts

Tuesday 2nd June 2015 Lords Chamber

[The Earl of Lytton (CB)]

My Lords, I welcome the opportunity to participate in this debate and thank the noble Baroness, Lady Williams, for introducing it. I look forward to the two maiden speeches and the valedictory speech of the noble Lord, Lord Eden of Winton.

No contribution from a practising chartered surveyor would be complete without a comment on housing and development, and I declare my interests. If, as we are told, there is a significant deficit in housing completions, there are one or two things to bear in mind. First, there is a shortage of skills in both the construction worker and backroom technician sectors which cannot be remedied overnight. Then, if one is going to build a lot of housing in growth areas, some greenfield land will need to be used. However, many local planning authorities perceive that their electorates will not support that. Terms such as “sustainability” and “localism” are used as weapons, just as “environment” used to be in times past.

Rapid increases in house prices are fuelled by a relative shortage but many would profit from these rapid rises, including existing owners, mortgage lenders and foreign investors to mention but three. The marginal cost of taxation, regulatory compliance, the community infrastructure levy, affordable housing, community benefits and so on in a quite risky financial model of development economics can have a material effect on the cost base. This needs to be monitored constantly. I well remember the late 1970s when the development land tax caused the effective failure of the land supply.

When we build, we need decent standards. I still see serious shortcomings in the quality control under some of the self-assessing construction warranty schemes where normal local authority building control supervision is perfectly legally bypassed. We are also building properties that are too complex for normal occupiers to use effectively. They are too cramped in living space and have too little communal amenity space. This is cheapening the product for first-time buyers. Talking of cheap, I observe that if one offers affordable housing and the option to purchase at a discount later on, a long queue will form and demand is not necessarily the same as need. Staying on that, I hope that the proceeds of any housing association right to buy will indeed be reinvested in the sector and not appropriated for other things as the council house proceeds were in 2000.

We have a common desire for a fairer, more just society and my second theme relates to this. In the Queen’s Speech debate last year, I drew attention to the shortcomings of the police—an institution that should be one of our most trusted, cherished and honourable public services. There still remains much to be done and I welcome the commitment in the gracious Speech and the remarks of the noble Baroness, Lady Williams, in that respect. However, if the police lack accountability, so do some other sectors. I am constantly told that local authorities—I declare an interest as a vice-president of the LGA—are among the greatest snoopers and eavesdroppers into the affairs of the citizen. What are we doing about that?

Our institutions are in many ways no better than the standards of society at large, where individual gain and lack of responsibility seem to have supplanted collective care and conscience. My father used to quote Aristotle. For example, “that which is owned in common belongs to nobody” was one of his favourite quotes. In relation to some legal advice he once received, he quoted Aristotle’s words, “where there is muddle and confusion, dishonesty stalks close behind”. How true. Throw away the rulebook and anything becomes possible. In complex situations moral depravity may even become undetectable.

My recent experiences in the planning field as a professional have been unedifying. Obtaining listed building consent to replace a gutter on a client’s building included 10 months of official delay, muddle and incompetence. I will stop short of naming the authority in question. HMRC itself appears to be a player and gamer of the system, to the point where it is impossible to know whether one is dealing with the objective administrator of a tax code or an aggressive commercial undertaking that is like some of the utility companies. That should stop.

Then we have areas of what seem to me to be complete lawlessness. I refer to situations where the elderly and vulnerable are fleeced of their assets, of their financial freedom and dignity, with apparent impunity. I have had recent direct experience of this, where the normal safeguards appear to have been dispensed with and family beneficiaries have been largely cut out of a will that favoured some friendly neighbour. On further inquiry, it became clear that this is a growing phenomenon, perpetrated by a range of people, from avaricious kinfolk to opportunistic neighbours and unrelated conmen. If adverse influence does not work, it is frighteningly easy to forge a signature, impersonate an old person, make a bogus will or obtain by deception a power of attorney, which one can do online via a government website. What is it about, “Thou shalt not steal or bear false witness or covet” that is misunderstood in modern society? The fact is, there is a better defence against money laundering than there is against abuse of the elderly or the young, and the problem, as I see it, is growing. Because of privacy and other repercussions, nobody dares mention their suspicions so we have a society in which these things are everyone’s concern but apparently none of one’s individual business.

Perhaps this problem is just a matter of little public interest that can readily be dealt with by those affected through civil action—I wish. The courts are clogged to the point of dysfunction, with delays, huge costs and some mismanagement. The very pillar of the 1940s reforms to the welfare state, which included fair access to justice, has crumbled. There is no such access now. There is clear injustice where there is inadequate access to these things. All these things have consequences for public confidence and trust, ultimately, in the rule of law. In a fair society, these issues and others like them need to be addressed, not by wholesale new regulation so much as by streamlining what we already have. That is the message I wish to give to the House today.

Queen’s Speech

Earl of Lytton Excerpts

Monday 9th June 2014 Lords Chamber

[The Earl of Lytton (CB)]

My Lords, the gracious Speech refers to a fairer society. The Minister mentioned the Criminal Justice and Courts Bill, and rightly referred to the importance of the rule of law. However, I start with the Home Secretary’s address to the Police Federation on 21 May. She made a welcome promise of better protection for whistleblowers in the police. People such as James Patrick have put their entire careers on the line for the truth. However, the proposed new offence of police corruption is otiose. We already have laws enough on our statute books, although of course police co-operation in investigating themselves may be in doubt.

The Home Secretary suggested that leaving police operations unfettered would resist political pressures but that, to me, means inadequate oversight despite the beefing up of Her Majesty’s Inspectorate of Constabulary. Operations at the front line will always trump policy. We still have many questions but few answers to the points raised about police culture and operations. A senior judge has recently questioned the objectivity of that other safeguard, the IPCC, as mentioned by the noble Baroness, Lady Smith of Basildon.

Under anti-social behaviour legislation, the police have virtually untrammelled and incontestable powers. They decide ab initio who they think is the guilty party. The rampantly one-sided exercise of these in a case involving a Sussex MP has been corroborated by cases in south Wales, Devon and Cornwall, Thames Valley and, in the most recent, from Hampshire, police evidence seems to have been total fiction. I have been shown custody records altered post hoc to refer falsely to a more serious offence of violence. I have seen manifestly concocted properties for legal photographs used to procure convictions in magistrates’ courts. This I now find is very easy to do, and applies also to CCTV and audio files. This material is increasingly used as evidence in court proceedings. All that is required is slackness by witnesses and prosecution, and the guidance of ACPO on digital evidence to be ignored, and you have a recipe for misleading the court.

I learn of serious failure of prosecution to disclose documents as required, and of failure of defence teams and judges to ensure compliance. The Attorney-General’s recent guidance identifies this as a threat to a fair trial. I hear of documents that are unsigned or undated, possibly even forged, being accepted by the courts, and a failure to safeguard the interests of people under rulings from the Court of Protection.

Much of this is ongoing, with frequent accounts of files lost, court records deleted or unavailable, police notes absent or officer amnesia in the witness box. A solicitor categorised this for me as “gaming” the provisions of Section 117 of the Criminal Justice Act 2003, because a police witness cannot be cross-examined on something he has forgotten, and if the only other evidence is documentary or electronic, however faulty, then that must stand unless the defence can have the evidence struck out: effectively a reversal of the burden of proof. It would also appear from a recent BBC “File on 4” programme that these and allied manipulation of rules of evidence and procedure continue at the highest administrative and professional levels.

Withdrawing most legal aid—a principle I applaud as a general concept—but without rendering the system of justice accessible and affordable to normal folk, as mentioned by the noble Baroness, Lady Deech, seems to be a flawed policy. I question why two legal experts are required to represent a criminal defendant. However, if undeserving types were gaming the legal aid budget beforehand, we now appear to have police and prosecution gaming the procedures to the detriment of fair trials. Add these together and we have a situation once described to my father by his lawyer as follows: “Where there is muddle and confusion, dishonesty follows close behind”. I try to remember that.

Once an offence, police notification or occasion of arrest is established, the details go into a police computer system. The citizen does not have rights, or certainly has no adequate rights, to gain access to or check that for accuracy, yet may find material regurgitated at some future date in proceedings, shared with other agencies or disclosed in a CRB check. Necessary protections before the law remain inadequate, open to abuse, and are being manipulated to the unfair disadvantage for defendants in criminal proceedings in particular. This erodes trust in a vital sector of public administration. That imperils the rule of law and ultimately, the stability of society. Oversight must be restored. Senior law officers within the Government have long been aware of the situation, so why no action?

We should not be complacent or wag our finger at other jurisdictions, while all the while corrupt practices infect our own affairs. The Government need to act now—or if not this one, now, then a new one in 2015.

Anti-social Behaviour, Crime and Policing Bill

Earl of Lytton Excerpts

Monday 20th January 2014 Lords Chamber

[Lord Rosser (Lab)]

My Lords, my noble friend Lord Harris of Haringey raised this issue in Committee, when he said that his amendment was to try to get clarity as to why the Government were seeking to make this change and to do something which was potentially so retrograde. My noble friends Lord Harris of Haringey and Lady Smith of Basildon both gave specific figures on the savings and reductions in burglary offences that had accrued, or were expected to accrue, when appropriate security devices are installed where new developments have been informed by, or have adopted, the principles of Secured by Design. My noble friend Lord Harris repeated some of those statistics today.

In his response, the Minister said that a consultation under the auspices of the Department for Communities and Local Government had taken place, which concluded, if memory serves me right, on 27 October last year, and that the Government were considering their response. The consultation document from the DCLG suggested a two-tier standard of security: a basic minimum level that would be generally required and a so-called enhanced standard. However, as has already been said, even the “enhanced” standard would be lower than the existing Secured by Design standards, and even then it could be required by local authorities only where what is described as a “compelling” case exists for the higher standard to be the norm.

In Committee—perhaps it will be different today—the Minister was unable to say whether we would know the outcome of the consultation by the time the Bill reached Report or Third Reading. Neither was he able to say why local authorities would not even be able to go to the higher, so-called enhanced standard or give an assurance that local authorities would be able to choose their standard, and not be obliged to follow either the basic or “enhanced” standard. Nor was he able to say that the Government would provide an opportunity for Parliament to intervene before any changes in the standards are made.

As my noble friend Lord Harris has said, the Secured by Design initiative is about reducing the incidence of crime. The Government’s proposals, which have been the subject of consultation, appear to go in the opposite direction. We have heard no convincing arguments from the Minister as to why there should be a change and nothing from him to indicate that the Government’s proposals are in any way evidence-based, particularly when it comes to the impact on the level of burglaries. We will certainly support this amendment if it is put to a vote.

[The Earl of Lytton (CB)]

My Lords, before the noble Lord sits down, would he not agree with me that the amendment would confer a particular status on Secured by Design or whatever body or organisation is in its lieu and that to do so in this particular context would create a quite curious structure? It is almost like an organisation that is operating on a statutory basis.

Secondly, would the noble Lord not agree with me that the police, knowledgeable though they are, are not the sole providers of intelligence on designing out criminal activity? There are many other bodies and professions which might legitimately be considered for this—the British Standards Institution would be one.

Thirdly, would the noble Lord not agree with me that the fact that there may be shortcomings in the specification of security, equipment and methodologies is not necessarily a reason for conferring a monopoly of this sort on this particular body?

[Lord Rosser]

I simply ask the noble Earl if he would agree with me that what is being proposed appears to put in jeopardy an arrangement, guidelines, and standards—Secured by Design—that on the basis of the figures we have heard, have had a considerable positive impact on the level of burglaries. It appears to me that the noble Earl is prepared to go along with a change that appears to put in jeopardy real progress that has been made through this initiative in bringing down the level of burglaries. That is a question that he should be asking himself rather than the questions that he has chosen to ask me.

[The Earl of Lytton]

My Lords, I am a victim of burglary myself, so I understand what it is about. It seems to me odd that the noble Lord feels that the proposals in the amendment are the unique and sole means of achieving what is required. With all the product availability and consultancy that there is, I do not believe that it is necessarily the case. I am particularly not sure that it is right that such an organisation should be given a statutory status and elevated position. It is, after all, a commercial operation. Would the noble Lord not agree with that?

[Lord Rosser]

I am not sure that the noble Earl and I should be having too lengthy a dialogue on this matter. I am not sure whether I got a very clear answer from him as to whether he accepted that what the Government are proposing may well put in jeopardy a very successful initiative, which over a period of years has had a very positive impact on the level of burglaries.

--- Later in debate ---

[Lord Harris of Haringey]

In that case, the points about the College of Policing were clearly rather academic.

The purpose of this amendment is to give local authorities the flexibility to set higher design standards, if that is what they want to do. The Minister has said that nothing the Government are doing is intended to weaken the security standards and that the housing standards review was not intended to bring about the lowest common denominator, but that is what it is doing, in practice. He talked about supporting the police in advising on a layout of a development, but this is not just about the layout of a development—it is about the security measures physically built into the development, which I do not believe can be part of a planning approval at present.

The Minister told us at length about the importance of tidying up the policing landscape, but that, frankly, is irrelevant. There will still be chief officers of police, unless there is some hidden agenda for the Government.

[The Earl of Lytton]

I apologise to the noble Lord for interrupting his flow. The Minister pointed out the difference in approach between planning and building regulations. We have heard, for instance, that certain things may not apply to social housing providers of one sort or another. Building regulations do not necessarily fall automatically within the purview of a local authority; they can be outsourced. Therefore, you can have any number of commercial companies who can provide the building control facility. The NHBC, for instance, is actually a certification process set up by—

[Lord Ahmad of Wimbledon (Con)]

I remind the noble Earl that we are at Report, and it is normal convention after the Minister just to hear from the mover of the amendment, unless there was a specific point of elucidation or clarification to be made. I feel that the noble Earl may be going into a more detailed exposition.

Anti-social Behaviour, Crime and Policing Bill

Earl of Lytton Excerpts

Tuesday 14th January 2014 Lords Chamber

[Lord Hylton (CB)]

My Lords, I am sure that nobody wishes to condone rioting or the serious damage and intimidation that it can cause. Most of us are grateful to the Government for bringing forward their amendments. Nevertheless, they do not deal with the discrimination against, for example, owner-occupiers, because they touch only on secure and assured tenants. There is the further point that the Bill, even as amended, is very likely to punish the innocent. Unless the Government can come back with a very much better defence of the clause, I shall certainly support the noble Baroness and my noble friend if they wish to press the amendment to a Division.

[The Earl of Lytton (CB)]

My Lords, first, I should like to clarify a point made by the noble Baroness, Lady Lister of Burtersett, and reinforce what she said about the Landlord and Tenant Act issues under secure tenancies.

The legal situation, as I understand it from my profession as a chartered surveyor, is that tenants are responsible for the actions of those living with them only to the extent of the lease terms and the demise concerned. It does not and never has extended to liability for the wider actions of members of a tenant’s household elsewhere. Even general paving clauses such as “immoral or illegal activity” have, as I understand it, been pleaded in vain. I put that clearly. The noble Baroness, Lady O’Loan, has raised a valid point here. The whole of Clause 91 looks like being a knee-jerk reaction that would go beyond what is necessary and desirable.

I would like to ask one or two questions for clarification. What about the whole question of the rehabilitation of offenders? When somebody has been indicted, put into prison, served their sentence and comes out, what are the circumstances in which a court will grant this further period of indefinite rustication, if you like, from any sort of enjoyment of a place that they can call a home and to which they can naturally relate? What are the safeguards? Is this the default position, or does it concern the second or third strike after the event? We do not know and I invite the Minister to clarify the position.

Moreover, what about the selective post-sentence treatment of rioters as a particular species of offender under the Bill—as opposed to, say, murderers or other offenders? Very large numbers of offences are anti-social, and virtually all have a victim class of some sort who would naturally look, under the terms of the overarching principle of this Bill, to some sort of rebalancing. I worry about the singling out of this class of offender. Maybe the Minister can explain how that works. This provision could result in a class of persons without rights to occupy anything that they could call a home of their own. That needs to be circumscribed and contained in some way because the circumstances of the offence will not necessarily be replicated. If there is no risk of replication, what is the court being instructed to do? The justification is rebalancing towards the interests of victims—for them to feel that justice has been done. Would Clause 91 achieve that rebalancing? I am not clear that it would.

[Baroness Hamwee]

My Lords, the term “knee-jerk reaction” was used. I think we are all clear—let me use a synonym—that it was an immediate reaction to the riots of 2011. I am never comfortable with using legislation to give a message. At the previous stage I proposed amendments that were replicated in what we have today because I recognise the political realities of the situation and the circumstances in which that message had been given.

I was horrified when I looked at Hansard to see that I was on record as saying that I was happy with the clause. Hansard now knows that I was not happy with the clause and is correcting the record from Committee stage. As I say, I recognise the strength of feeling and where we might well end up. Knowing how the two Houses work and that this clause has been considered by the Commons, I went straight to what I hoped might be a way of ameliorating the situation, which was to suggest that it be limited to serious offences. That is a very significant change and taken with the other safeguards—that is how I look at them—which the Minister has listed, I am perhaps somewhere between where Hansard said I was and where I was. I am not happy but I am not nearly as unhappy as I might have been.

I was interested to know what had happened in Wandsworth after the 2011 riots and checked with the council. I understand that that council—presumably this is not the case with every local authority—has specific tenancy conditions covering the behaviour of tenants and it considered the criminal activities as coming within those conditions. The housing professional from whom I have heard talked about the double jeopardy term being used as a criticism but said, however, that the ground relating to possession for a serious conviction has existed since 1985. In essence, if the new ground meant that a tenant living in one borough could be pursued if convicted in connection with rioting in another borough I can see the attraction but I doubt whether the courts will agree. I am grateful to the Minister for bringing forward the amendments today.

--- Later in debate ---

[The Duke of Montrose (Con)]

I do not envy my noble friend the Minister having to deal with this issue. The points that the noble Baroness, Lady Smith of Basildon, have brought up are very much ingrained in the minds of anybody who comes from my part of the world, in Scotland. It was the very same thing with a certain Mr Hamilton, who had been found guilty of sexually assaulting children and then went on to carry out the Dunblane massacre of primary school children. The net effect of that was the passing of the Act banning handguns, which does not address the issue of whether the police will bring charges when they see the seriousness of a situation, or understand that there is a risk in issuing a licence to someone who might appeal and cost them a lot of money. Of course, the banning of handguns has been counterproductive because nowadays, if you go around anywhere in the UK, the only people who have handguns are criminals, who know very well that, if they go into any situation, they will not be in danger of meeting someone with a handgun.

[The Earl of Lytton]

My Lords, I have an interest to declare as the holder of a firearms licence. I understand very well what the noble Baroness was saying in introducing her amendment, but we must be clear about what is already happening. The amendment refers to the necessity of performing background checks, but I believe they already are being performed. I speak with some experience of dealing with firearms officers in different parts of the country, which I hasten to admit is by no means necessarily a representative sample. None the less, these checks are being dealt with with a good deal of thoroughness. They have access to the police national computer, and the National Firearms Licensing Management System, the domestic violence unit and others are all sources of information. In addition to that, every applicant for a firearms licence must have a sponsor, who has to make a positive statement that they know of no reason, under a whole list of criteria, why that person should not hold a licence.

Furthermore, there is another element: the applicant must have permission from a landowner on whose land they are going to shoot, or be associated with a club where they are shooting and have the countersignature of the person who is the secretary of the club. So there are a considerable number of safeguards here. However, I am bound to admit that in the Atherton case, as in the Dunblane case and the Hungerford case that went before it, licences were given by the police for weapons, which, in the more historic cases, it was totally inappropriate for any private citizen to have possession of. The result of that was that these awful offences occurred.

With regard to the substantiated evidence of violence, there is already a duty on a police officer not to grant a licence to anyone who is a danger to public safety or the police, or to those of intemperate habits. As I say, there are safeguards. I double-checked with the British Association for Shooting and Conservation, which very kindly responded to my inquiry for this afternoon. I am not a member of BASC, but it provides the secretarial back-up for the All-Party Parliamentary Group on Shooting and Conservation, at whose meetings I am an occasional visitor. With regard to public safety, the chief officer must follow guidance issued by the Secretary of State. Guidance, of course, means just what it says; each case has to be considered to a degree on its merits. I do not really see how it can be any other way. As I see it, firearms officers in the various police forces are taking their responsibilities extremely seriously.

On the question of full cost recovery, which the noble Baroness has raised before, the difficulty with any cost is that it is potentially a blank cheque of some sort. It takes no cognisance of the police efficiency with which the matter is dealt, nor of wider public safety issues that may lie outside and beyond the specific application. The costs incurred could be very high if the system is not effective. The question then arises—I do not have an answer to this—of how much society should pay for the protection that licences afford, as opposed to costs being recovered from the individual. There are many different walks of life where similar situations apply, such as whether the cost of a driving licence or the grant of a passport covers the full cost of the scrutiny. There are certain things that are done in the name of society and for its protection when it is not considered appropriate to recover the full costs. I made the point in previous dealings on a similar amendment at an earlier stage, and I think that it is probably fair to say, that the present level of the firearms licence fee looks quite low. However, that is a different matter; it is a matter for making an order as to what the fees are, which is rather separate from the question of amending the legislation and the framework for how things are dealt with.

There are issues about the fact that, notwithstanding all the guidance that is in place, licences for firearms have been granted to people who were patently unfit to receive them. I do not know any way to ensure infallibly that that can never happen in future. It may be impossible to devise a means for the number of people in the country who could be affected by these things, whether they are people with firearms licences who are resident, on a visitor’s permit or whatever. It will be extremely difficult to legislate out all possibility of that sort of thing, although one must always be vigilant—and, of course, they are terrible things that we should strive to prevent happening. However, I am not sure that the amendment would advance things materially as the noble Baroness suggests.

[Lord Deben (Con)]

My Lords, although the amendment is entirely good hearted—I quite understand the reason for it, and the problem it seeks to address is a serious one—I fear that I follow the noble Earl, Lord Lytton, in thinking that the difficulty with which we are faced is a belief that, somehow or other, by passing laws we can solve every problem. That is the kernel of this issue.

The vast majority of people who hold any kind of firearms licence—I declare an interest, as I am one of them—are law abiding and go to huge trouble to ensure that the firearms do not get into the wrong hands, that they are properly locked up, and so on. Already, the very considerable time spent on checking people who have never given any reason for complaint is a source of irritation—although combined with some understanding—to large numbers of people. We must recognise that we already have a very significant amount of regulation in this area.

We have to ask whether any further regulation of this kind, any further step taken in this direction, will do what is intended. I fear that I come to the conclusion that it will not. One of the difficulties is that those with bad intent seem to be much more able to acquire the means to put that intent into action than we would expect, if that is not our way of life. We rather naively sit here thinking that if we write the right legislation, somehow or other it will corral such people.

I have great sympathy with my noble friend who has to answer this debate, but I say to him that we have a long history of doing things because we feel that “something must be done”, even if what is done is not helpful but causes considerable expense and further aggravation. I ask him to be extremely careful and to make his response very balanced. We all have sympathy with the intentions of the noble Baroness, Lady Smith, but I suspect that this is not the answer to the problem.

Anti-social Behaviour, Crime and Policing Bill

Earl of Lytton Excerpts

Wednesday 8th January 2014 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, in Committee, Clause 1(5)(a) was the subject of some debate. It and the related provision in Clause 21 have also been a subject between the Home Office and the Joint Committee on Human Rights. Essentially, this provision places a duty on the court to avoid, as far as practicable, imposing prohibitions or requirements in an injunction or a criminal behaviour order which would conflict with the respondent’s religious beliefs.

The Government have consistently maintained that this provision related to the manifestation of the respondent’s religious beliefs, rather than to the religious belief per se. However, for the avoidance of doubt, we have decided not to remove the provision from the Bill, on the basis that the courts would in any event, by virtue of the operation of the Human Rights Act, be bound to consider whether the proposed prohibitions or requirements were compatible with the respondent’s convention rights, including but not limited to the right to the freedom of religion. I beg to move.

[The Earl of Lytton (CB)]

My Lords, I can quite understand the reason why this particular safeguard or defence in injunctive procedures is to be removed. The noble Lord may rest assured that I am with him as far as the argument goes. I have written to his noble friend and had an answer this morning pointing out that, in normal civil injunctive proceedings, there are a significant number of available defences—depending on how one counts them, 15 or 20 or more. The Bill as it stands would have allowed for three; this will reduce it to two.

I still do not understand, because in his letter to me—which I thank him very much for, and for keeping me in the loop on correspondence generally to do with this Bill—the noble Lord, Lord Taylor, merely said that he did not agree with me. He did not explain why in one set of civil injunctive proceedings under this Bill there will remain two defences, but in any other injunctive proceedings there will be 15 or more. That seems a two-tier approach, so what is the direction of travel in that respect?

[Lord Ahmad of Wimbledon]

My Lords, perhaps I may come back to the noble Earl in advance of Third Reading on that to specifically clarify the issues that he has raised. In terms of what the Government have done thus far, our understanding and direction of travel is clear, responding directly to the concerns raised on this issue.

--- Later in debate ---

[Lord Taylor of Holbeach]

My Lords, I am grateful to my noble friend Lady Hamwee for her explanation of these amendments. She explained that they seek to provide the respondent or offender with a defence as to why an injunction or criminal behaviour order, which are also included in these amendments, should not be granted—namely, that the behaviour was reasonable in the circumstances. My noble friend has pointed out that this issue is distinct from the amendment that we have already debated, which is related to the first condition for the grant of an injunction.

If I may respond at this point to the noble Earl, Lord Lytton, about his queries in the previous debate, I can say that the provisions in Clause 1(5) are not defences; they are factors for the court to take into account when imposing restrictions or requirements. The two issues mentioned should not be confused with defence issues.

[The Earl of Lytton]

Do I understand from the Minister then that the normal range of civil defences would continue to apply in the normal way, in connection with matters under this Bill as everywhere else?

Anti-social Behaviour, Crime and Policing Bill

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Wednesday 4th December 2013 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, we support the Government’s clauses on firearms but feel that more needs to be done, which is why we have tabled Amendment 56MD. Our proposed new clause calls for a broader range of better background checks to be included as part of the licensing process. It amends the Firearms Act 1968 so that a history of domestic violence, drug or alcohol abuse, or mental illness provides a presumption against the acquisition of a firearms licence, unless exceptional evidence can be provided to the contrary. It also introduces full cost recovery, to ensure that the cost of a licence reflects the cost to the police of processing it. In this amendment, firearms and shotgun applications are treated the same and the range of background checks is improved. Both the IPCC and the Home Affairs Select Committee in the other place called for this.

The Minister will recall that I raised this issue at Second Reading and gave a specific example, about which I know he will share my concerns. Susan McGoldrick was murdered, along with her niece and her sister, by her partner, who legally held a firearm. As many as one in three women killed by their partner in England and Wales is shot with a legally owned weapon; 64% of these murders involve shotguns. The Government have introduced new guidance, which is welcome, and I know that we cannot stop every crime by legislation alone, but we can do better.

In the past 12 months, 75% of female gun deaths occurred in domestic incidents; in 2009 the figure was 100%. The IPCC and the Home Affairs Select Committee have both proposed tougher rules to prevent people with a history of drug and alcohol abuse, mental illness or violence—particularly domestic violence—from acquiring firearms licences. The IPCC called for:

“Explicit guidance around domestic violence and seeking the views of partners/family members where domestic violence is a previous factor”.

We agree with the need for explicit and clear guidance on legislation but the issue of seeking the views of partners or ex-partners is somewhat difficult, and we would not support seeking the consent of a partner or former partner because that could lead to intimidation and place people at even greater risk. Perhaps there should be wider consultation on this with a range of people.

The present position is that just one home visit is required by law for an initial application. Good practice means that there can be additional visits or checks, but that is not in the legislation. I understand why there are concerns about the impact of part of this amendment on those who have a history of mental illness. I stress that mental illness at some point in a person’s life does not disqualify them for ever but they would have to provide evidence that would allow an exceptional case to be made for their suitability to possess a weapon. Of course, we are not saying that they cannot take part in shooting—there are registered clubs—they just cannot have weapons at home.

The Government have stated that the Home Office will issue guidance and that should alleviate the issue. But we are pretty sure that guidance alone is not enough to tackle tragic domestic violence-related deaths, which have been on the rise. It is not good enough, and that is why we have tabled Amendment 56MD.

The other part of the amendment concerns full cost recovery. In so many areas, the Government are seeking full cost recovery, but not in firearms. I am curious about the reasons for this anomaly. Our amendment would require the Home Secretary to consult with police officers before setting a fee level that would enable police forces to recoup all the costs they incur when conducting proper background checks.

Currently a firearms licence costs just £50 for five years and only £40 for renewal, but if an application is processed properly it takes up a considerable amount of time, including home checks and background checks, which is not reflected in the cost of the licence. The cost of administering a firearms licence is much higher. Therefore, at present the taxpayer is subsidising the firearms licensing system by an estimated £18 million a year. Given the level of police cuts across the country, that level of subsidy seems unfair. It is difficult to understand why, at £50 for five years, the annual cost of a firearms licence is barely a third of the cost of a fishing licence, which costs £27.50 a year, and roughly equivalent to the cost of a CRB check, which costs £44 and only requires a name to be checked against a database, which is much less onerous.

The Government’s current position is that they will aim to introduce a fee regime in 2015 under which just 50% of the cost—not the full cost—is recovered by the police. I ask the Minister: why only 50% and why not until 2015? Why are fishing licences so much more expensive? Why are the Government not going for full cost recovery when they are committed to that general principle across the public sector, for example, with passports and driving licences? Why is that not extended to gun licences? At Second Reading we discussed full cost recovery on tribunal fees; that will come up again. The Government claim that they want to improve the system of background checks associated with firearms licences but will not commit to putting that in legislation. On full cost recovery, they say that they will introduce a fee regime in 2015.That is too late; it can be done sooner than that.

These issues need to be addressed now. We want to save lives and reduce the number of gun-related domestic violence deaths as soon as possible. Amendment 56MD seeks to do this and is a much more direct and effective solution than the Government’s alternative of vague guidance and promises for 2015. I beg to move.

[The Earl of Lytton (CB)]

My Lords, I start by declaring an interest. I have interests in shooting and I am a firearms and shotgun licence holder. I have also been a referee for others who are such licence holders.

After the tragedy of Dunblane, it was one of my party tricks to ask chief officers of police whom I ran into how we were getting on with the police national firearms computer, which was promised in the wake of that tragedy. It took a very long time for anything that even approached that to become a reality.

Anti-social Behaviour, Crime and Policing Bill

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Monday 2nd December 2013 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, the noble Baroness has made some interesting and important points and I agree that the impact on the victim is what we should be looking at. But I am concerned about the wording. This may be a start, but it is not the complete solution. Notification is not the same as an assessment and certainly not the same as any evidence that there has actually been previous anti-social behaviour and claiming that there has—one can see how mischief could be made of that. What is vulnerability? These things cover a wide spectrum. I take the point about starting from how the victim feels and whether feeling that makes that person a victim whereas another person might not feel victimised by the same behaviour, but it is a complicated area.

My amendment 56L would provide a trigger in the case of more than one complaint if it is made by somebody living at a different address. What I am getting at is that this needs to be about more than just a tiff between two neighbours and not something that is very short term.

Amendments 56LA to 56LE in the name of my noble friend Lord Greaves are, he says, part of his attempt to get uniform and accurate descriptions of councils in different parts of the Bill. The Minister will recognise this. The only thing that I would disagree with him on is the phrase “part of his attempt”—I think one could call it a campaign.

[The Earl of Lytton (CB)]

I come to this area of problems between neighbours or people in residential environments through my work as a chartered surveyor. I see it in terms of being brought into situations where these problems have turned into some sort of property dispute. I have enormous sympathy with what the noble Baroness, Lady Smith of Basildon, set out, and with what the noble Baroness, Lady Hamwee, said. The difficulty is that when people have annoyed each other there are various phases to this annoyance.

The first stage is to say: “Oh, well. They have done something they should not have done”. The second stage is: “If they do that again, I shall take action”. The third stage is when absolutely anything, however minor, triggers the most violent reaction. People who have got themselves in a sensitised situation cannot get out of that psychological bind. That is one of the most difficult and intractable things that one has to deal with. This may result in the police being called out on multiple occasions or the local authority being endlessly rung. That is the reality.

Yes, people will claim that they are vulnerable, although in a sense that is a self-assessment of whether they are actually vulnerable or it is some self-created vulnerability. What I do know is that on both sides of the argument, the perpetrator and the victim are likely to think that the other is completely nuts, irrational and unreasonable in their attitude. I do not know how this Bill or this amendment resolve that issue. There is a case for taking some of these things out of what one might call a heavyweight approach to dealing with the problem.

Whether one fires off in the direction of some other community means of trying to unpick things—getting people to realise that their neighbours’ children are not ogres and the children’s parents to recognise that the affected person is also not an ogre—is a really difficult issue. I am not sure that we have the solution here. However, I shall certainly give the matter some careful thought between now and the next stage, because there is something in terms of social cohesion and peaceable existence for people in residential environments that needs to be addressed much more deeply.

[Baroness Newlove (Con)]

My Lords, I shall speak to Amendment 56K. For far too long we have allowed concerns about the rights of perpetrators to inhibit communities from addressing this important issue at the expense of the majority of law-abiding citizens, who are simply trying to get on with life, raise a family, work and study. What has to happen before we actually face that what is termed anti-social behaviour is so wide that we cannot sit in the ivory tower of Parliament and honestly tie it down for today and tomorrow? We need to allow flexibility for these powers to be meaningful.

I must congratulate and thank the noble Lord and the noble Baroness for proposing one of very few amendments that think of the victims. I have seen so many provisions and amendments about protecting the perpetrators’ ethical and religious beliefs and considering their disabilities, but for me, this is the first about the victim. I cannot tell your Lordships’ about the number of times that I have been contacted by victims who are ill, elderly, suffer disabilities—or all three. They have to deal with anti-social behaviour and are scared to leave their home. These people need immediate action and cannot wait for the numerical thresholds to be met. So I, for one, fully support this amendment.

Anti-social Behaviour, Crime and Policing Bill

Earl of Lytton Excerpts

Monday 2nd December 2013 Lords Chamber

[Lord Deben (Con)]

My Lords, I apologise for missing the first moment or two of debate on this amendment. As one of the Ministers who went round the countryside talking about the importance of Secured by Design, I merely say quietly to the Minister that there is a great deal to be said for any actions which mean that you get started right. So much of what we do is retro-fit. It is being faced with a difficult situation and saying: “What the blazes do we do; how do we actually sort this out?”.

The point about this concept is that you start off right, and say from the very beginning: “Would we not do better if we organised things so that it was more difficult for people to find themselves in a vulnerable position, and more difficult for those who wish to be criminals actually to be criminals?”. My reason for speaking is this: I look round the House and it is probably true that there is a high proportion of us who were lucky enough to have been brought up in circumstances where our environments encouraged us to behave properly. That may not be true of everybody, but of an awful lot of us. The older I get, the clearer I become that the environmental effects upon children and young people are really important.

This is just one aspect of it—a tiny, but very important one. I hope that the Government will think carefully about this. I will not indulge in the discussion about interns writing lists of things, but it is not true that this is a burden. It is what any sensible developer ought to do without any question. It is the natural way of developing today. I say that and declare an interest because I advise a number of developers, trying to make them do these things in any case, so I know perfectly well that this is what they would normally do. I hope that the Government will think very hard before this is removed from what ought to be the natural way of things.

[The Earl of Lytton (CB)]

My Lords, I feel slightly like the meat in the middle of a robust sandwich, because I am afraid that I shall voice a slightly different view. In addition to my declared interests in connection with the Local Government Association and the National Association of Local Councils, I am also a chartered surveyor in private practice. To some extent I become involved with issues of design, and although I am not any sort of specialist security consultant, security becomes a necessary part of that.

I re-read with some interest what the noble Lord, Lord Harris, said on Second Reading. I hope that I listened with sufficient care to what he has just said, but while not actually disagreeing with any of the ingredients that he set out, I would voice a word of caution about his conclusions. First, it must be said that this is about a commercial initiative of the Association of Chief Police Officers, or rather a subsidiary company of ACPO. It is an accreditation-based approach in which, as I understand it, Secured by Design would become the accreditation body and would set the standards. As I see it, this amendment paves the way to giving this statutory backing. The question is: do the Committee think that that is appropriate or that it is proof against later mission creep?

Secondly, I asked a building control officer of my acquaintance, quite a senior man who goes around lecturing on these matters, what he thought about Secured by Design as a necessary ingredient in building control and planning matters. He did not think that security should be singled out as a category for statutory treatment, or that the regulatory burdens should in some way be increased thereby. That said, I feel sure that, where it is necessary and desirable to do so, developers and others will be pleased to adopt Secured by Design standards on a voluntary basis and as a marketing tool. That is entirely fair.

Residents also need in the context of their built environment, whether it is Secured by Design or not, themselves to be vigilant and to take reasonable steps to ensure that the opportunities for criminal activity against their homes and belongings in a residential setting are minimised. That is inevitably a movable feast. There might be a perverse incentive here. If people feel that Secured by Design somehow gives a warranty or guarantee or underpins a relatively crime-free environment, they may tend to forget those things. I think that getting people better in tune with the real risks, bearing in mind that this is a movable feast and that criminal activity is always changing and evolving, might be a better incentive. I will listen with interest to what the Minister has to say.

[Baroness Smith of Basildon (Lab)]

My Lords, I am grateful to the noble Lord, Lord Harris, who first raised this issue at Second Reading. It can sometimes be difficult across government to see how the actions of one department impact on another. I say to the noble Earl, Lord Lytton, that the reason that the amendment is before us today is that Secured by Design is in great danger of being totally undermined by the action of the Department for Communities and Local Government. There seems to be a holy grail of deregulation, to see what we can pull out of regulation, without making a proper assessment of where regulation is good or bad, of what is its impact.

Secured by Design is there to protect people in their homes. One of the non-violent crimes that causes the most distress to anybody is the intrusion into and burglary of one's home. It is not necessarily about theft of items, although they may be things of great personal, sentimental or monetary value; it is the intrusion into one’s home, the place where we expect to be the most safe, but where we suddenly feel the least safe and the most insecure. That is what Secured by Design sought to address.

I have to say: it works. The noble Lord, Lord Deben, mentioned his experience of it. I was looking at some of the case studies of what was done and how much difference it made. Secured by Design case studies are interesting because they show the situation before and after. Prior to the work being undertaken in Nottingham City Council area, a particular estate, Bells Lane and Broxtowe, suffered 227 burglaries. Following the work undertaken by Secured by Design, there was a 42% reduction in the number of burglaries, yet in the city as a whole there was a reduction of just 21%, so it was inevitable that Secured by Design had an impact there.

The Secured by Design estates in West Yorkshire outperformed the region as a whole on burglary of dwellings offences. Between August 2007 and 2008, there were 19,701 burglaries, but only two of those were in Secured by Design properties. Similar research in Glasgow demonstrated that total housebreaking crime fell by 26%, while attempted housebreaking decreased by 59% at properties with new Secured by Design doors and windows. So there is clearly a case that that is extremely effective.

That is what surprised me about the consultation by the Department for Communities and Local Government, which was introduced under housing standards, building regulations, and so on.

The noble Lord is chuntering away to me, but I cannot hear a word he is saying, so he should know that I cannot respond.

[Baroness Smith of Basildon]

It is a consultation but it was in August, and I recall that when we discussed it at Second Reading the Minister seemed to be unaware of the consultation and could not tell us then if the Home Office had responded to the DCLG. It would be helpful if he could say what response the DCLG has had now from the Home Office. I do not think that the noble Lord, Lord Harris, is overstating the issue when he says that the proposals being consulted on—some of us are a bit more sceptical about government consultations perhaps than others these days—undermine the standards currently being met by Secured by Design properties.

It was interesting to see the response from neighbourhood watch, in which the noble Lord, Lord Blair, said he was involved. Since neighbourhood watch arrived 30 years ago, the number of domestic burglaries has fallen sharply, due in no small part to the development of high security standards for locks, doors and windows and the design of open spaces. These kinds of issues have really made a difference.

The noble Lord, Lord Harris, asked who asked for these changes. The noble Lord even mentioned developers. My experience of dealing with developers when I was building regulations Minister was that many of them wanted to see the higher standards. Good developers feel that they will be undercut by bad developers if they want to meet the high standards, whether in security, building regs, the kind of materials they use or environmental works in the home. They find it very difficult to compete with what they would call the cowboys, who do not meet the same high standards. I would find it difficult if developers were asking for this change. I do not think there is a national union of housebreakers in existence yet, so I doubt if it was that. It would be great if the Minister was able to say to us again, “This has been taken off the table. We wish to continue with Secured by Design. We have spoken to the DCLG. It understands our concerns and the necessity for this”. Will he answer the questions raised at Second Reading and today about why this was ever considered, because it is clearly such a ridiculous move?

[The Earl of Lytton]

My Lords, perhaps I could seek some clarification from the noble Baroness. As I understood it, the noble Lord, Lord Harris of Haringey, moved this amendment in the context of new-build—that was certainly the sense I got. A number of the examples that the noble Baroness, Lady Smith, has outlined appear to relate to the retrofit of existing buildings. The two are not the same. We have 23 million to 24 million houses in the country, of which new-build is a tiny proportion at any given moment. If we are talking about the application of Secured by Design to existing buildings—in other words, retrofit—how is that going to be affected by this amendment?

[Lord Harris of Haringey]

Perhaps for the convenience of the Committee, I could respond very quickly. My amendment is couched in respect of planning permissions. If it is simply an alteration to an existing building that does not have a planning impact, obviously it does not apply. The purpose of this amendment—if I get really irritated by the Minister of course I will put it to a vote—is to try to get clarity as to why the Government are making this change and why they are doing something that is so potentially retrograde.

The point that the noble Earl has just made highlights why this is so dangerous. Most of the changes have happened in new buildings or major refurbishments. It is a slow burn. It has taken 20 years for the impact of these changes to be seen and felt. If you stop the higher standards, it will take another five, 10, 15 or 20 years before we see the consequences and the sorts of problems that used to exist in many estates and developments 20 or 30 years ago, which I am sure many of your Lordships will remember. That is why it is so important. Making the change now will not have an immediate effect in three months’, six months’ or 12 months’ time but it will have an effect over the next five, 10 or 20 years. That is why this change is so short-sighted.