National Cyber Security Centre

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Monday 16th October 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend raises a couple of important points. First, on ransom demands, as she will be aware, it is the firm position of the Government and UK law enforcement that we do not encourage, endorse or indeed condone the payment of ransom demands. For example, if you pay a ransom after your computer has been affected or your systems have been impacted, there is no guarantee that you will not be targeted in the future by criminal groups. In that regard, Lindy Cameron, the CEO of the NCSC, and the Information Commissioner have written to the Law Society and the Bar Council.

However, the Government offer specific support, including to small businesses. There are the 10 Steps to Cyber Security and the Small Business Guide; there is also a ransomware portal that provides fresh advice, as well as the NCSC’s assured cyber incident response scheme. It is ever evolving, but the Government are very robust, and we are working across departments to ensure that we give the best information and response possible.

[Lord Harris of Haringey (Lab)]

My Lords, of course, I refer to my interests in the register. I suspect that the excellent schemes that the Minister has outlined are very useful but that they do not address the question that the noble Baroness, Lady McIntosh, asked. If a company or organisation is subjected to a ransomware attack, can it get tailored help as to what to do in real time from the NCSC, and how do people know how to access that?

[Lord Ahmad of Wimbledon (Con)]

My Lords, if the noble Lord reflects on the answer that I gave, he will see that I answered the question quite directly. The first point is, “Don’t pay”, because the experience is that there is no assurance. Of course, a small company will have limited resources, and some of the portals, information and websites, as well as the response that I have outlined, are designed to help exactly those kinds of small businesses in their response. However, one thing is very clear, whether it is within my department or the Home Office: that by paying such demands there is no assurance, for a small or a large company, that a ransom attack will not happen again.

Ukraine: Zaporizhzhia Nuclear Power Plant

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Thursday 6th July 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

The noble Lord is well-informed by his reading, and his is very much an accurate assessment. This particular plant is much more modern and state-of-the-art. The fact is that most of its activities and energy generations have been turned down—indeed, most of the reactors are now not operational. Even without inspections, that assessment can be made. However, I add the necessary caveat that all of us, including Russia, will get reassurance when the IAEA can get access and, as the noble Lord said, there is an expert opinion on the table that we all recognise. This war will continue but it is in Russia’s interests, not just Ukraine’s and everyone else’s, to allow access. Russia itself has been a signatory to ensuring that this kind of access and assessments of facilities are done regularly, accurately and comprehensively.

[Lord Harris of Haringey (Lab)]

My Lords, I refer to my interest as chair of the National Preparedness Commission. I am not sure that the Minister answered the supplementary question from the right reverend Prelate, which was very much about what is actually being done in this country in the event of this happening and it being on the more severe end of concerns. First, could he specifically tell us what guidance has been provided to local resilience forums as to what they should be doing and preparing for? Secondly, what contingency arrangements have the Government put in place for communications with the general public to deal with any panic, concerns or legitimate fears that there might be?

[Lord Ahmad of Wimbledon (Con)]

On the second point, the noble Lord himself will know that there is comprehensive contingency planning by any Government. This is the case with successive Governments—we will seek to mitigate against all eventualities, all risks and all concerns, and we will seek to prepare for them. On the issue of communication and more access to information and information that can be shared, I will take back what the noble Lord has suggested. I have been assured that, from a cross-government perspective, all the key agencies that need to be involved are fully involved. I cannot stress enough, as the noble Lord, Lord Browne, said in a previous question, that this plant, compared to those of previous nuclear incidents such as Chernobyl, is very different. However, I have been very careful to caveat that, because only when we get a full comprehensive assessment can we make a full overall assessment. Mitigations, assessments and contingency planning are very much in place. If there is further information to be shared, I will share it.

Covid-19: Surplus Vaccine Doses

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Monday 22nd February 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I welcome my noble friend’s support. On his specific questions, we are not at the point where we can make specific pledges about excess vaccines, but I note what my noble friend said about support for particular countries. We will support primarily the AMC facility at COVAX, which we have led, to ensure the most equitable access. He makes an important point about distribution, which we will be monitoring closely with our key partners, including UNICEF, which is a key agency in the distribution of these vaccines.

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

The Minister continues to be suspiciously vague about whether the Government will simply transfer the right to buy vaccine supplies rather than pay for them themselves. No doubt this will be seen as an instrument of British foreign policy, so will the UK be claiming credit for its generosity in the recipient countries, if it does turn out to be generous, and will we be content to see these vaccines going to countries whose Governments are engaging, for example, in genocide or human rights abuses?

Shawcross Report: Compensation for Victims

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Monday 8th February 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I note what the noble Lord has said. On the delay, the challenges of the pandemic have meant that we wanted to give the report appropriate discussion across Westminster. I assure the noble Lord that we put victims at the heart of our approach. He mentioned victims from other countries, and he will of course note that where there are direct victims—in the case of the United Kingdom, those around Lockerbie—appropriate compensation has been paid out.

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

Oh, come on, my Lords: the Government have sat on this report for almost a year. The first excuse, which the Minister has repeated, was Covid. Then, in response to an FOI request, the excuse was that it would affect unspecified British interests abroad; next, that it would somehow prejudice relations with the Northern Ireland Executive; and, lastly, that it contains private and confidential information, which presumably could be redacted. So what is the real reason? US victims of Gaddafi-backed terrorism have been compensated. There are £12 billion-worth of frozen Libyan assets in the UK. Last year, the Government promised that they were committed to supporting the victims of Libyan-sponsored IRA terrorism, so why have they been dragging their feet?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I believe I have already answered the noble Lord in part. I do not agree with him that we have been dragging our feet. As I said, the report is wide-ranging, and we are giving it careful consideration. On the asset freeze that he specifically mentioned, he will know that UK regulations prohibit any dealings with assets owned, held or controlled by designated persons, as specified in law. I note what the noble Lord has said, but I assure him that we are looking at this across government.

Integrated Security, Defence and Foreign Policy Review

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Monday 23rd March 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I agree with my noble friend. I reassure him that this is well understood by the Government. Indeed, we remain committed to the NATO guidance to spend 2% of GDP and, furthermore, this is protected against any inflationary increase that may occur. As I said to the noble Baroness, Lady Northover, there may be further lessons to be learned from the crisis. I am sure the House will join me in paying tribute to our Armed Forces who, not just in times of challenge globally but, as we are seeing, domestically, step up to the mark.

[Lord Harris of Haringey (Lab)]

My Lords, my understanding is that the security and defence review has been put back six months. Can the Minister tell us what is now the best expectation of the timetable going forward? If there is to be rather longer to prepare, is it the intention to have a more root-and-branch look at the resilience of the whole security apparatus and the extent to which we are able to respond to all sorts of crises, those which are natural as well as those that are initiated by hostile actors?

[Lord Ahmad of Wimbledon]

Again, I find myself very much in agreement with the noble Lord’s last point. We need to ensure that there is a thorough review of all the challenges we face, whether it is from Mother Nature and pandemics or from sinister actors. Let us not forget that it is not that long ago that we were impacted by chemical weapon attacks on the streets of Salisbury. On the integrated review itself, given the ongoing coronavirus epidemic, we are, of course, keeping all non-related government work under review. The Prime Minister has already said that he will lead the review and bearing in mind his leadership on the current crisis, of course we will look to ensure that the learnings from this crisis can be fed into the review itself.

Airports: London

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Monday 5th September 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

The best answer I can give is that the Government will be looking to make that decision very shortly.

[Lord Harris of Haringey (Lab)]

My Lords, does that not imply that the consistency of the Government’s position, which the Minister has just referred to, is that this issue is to be kept in the long grass for as long as possible?

[Lord Ahmad of Wimbledon]

I assure the noble Lord that there is no long grass. To continue with that metaphor, I have the lawnmower at the ready if there was any such long grass. I do not think it is inconsistent at all. The Government have given priority to this decision. The previous Government and the previous Prime Minister commissioned the Davies commission to look at this important issue. I have already reiterated the point that the Government are giving high priority to this issue. The decision will be made shortly.

Railways: Open Access Applications

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Wednesday 4th May 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

When I saw “Lincoln” in my briefing, I assumed that my noble friend would raise this issue. I assure him that under current plans for Lincoln there will be an additional six trains from and five trains to London from May 2019, and upgraded train interiors are being introduced between 2015 and 2017. I reiterate that any open access agreements will be reflective of the changes that my right honourable friend the Secretary of State deems necessary in the charging arrangements.

[Lord Harris of Haringey (Lab)]

The Minister agreed with the noble Lord, Lord Spicer, about the benefits of privatisation. In that case, can he answer the question from my noble friend Lord Rosser about why the Government are conniving with the train operating companies to delay a proper arrangement for the compensation of passengers as a result of delays?

[Lord Ahmad of Wimbledon]

I could not disagree more. On the contrary, we are not conniving. Through privatisation, we have ensured greater accountability of the train operators and will continue down that route. The noble Lord, Lord Rosser, referred to a particular report by Which? and I have already said that I will write to him in that respect.

Border Force Budget 2016-17

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Wednesday 20th April 2016 Lords Chamber

[Lord Swinfen (Con)]

My Lords—

[Lord Harris of Haringey (Lab)]

My Lords, it is this side I think—the noble Lord is not our side. Will the Minister tell us how many officers there are in the Border Force, how many will it fall to next year, and how that compares with the recommendation by the noble Lord, Lord Stevens of Kirkwhelpington, in the report commissioned by David Cameron a few years ago that there should be 30,000 officers?

[Lord Ahmad of Wimbledon]

My Lords, I will not go into specific numbers of officers, but as I have already said and say again to the noble Lord, through the creation of the Border Force we have ensured greater flexibility of all Border Force staff to ensure that, wherever the shortages are—as we found last summer when there were challenges from the situation in Calais—the challenges and needs are met by ensuring that there are sufficient staff in whatever port, be it maritime or airports.

Severn Crossings: Tolls

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Monday 14th March 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

I will write to the noble Lord on that scheme and provide details of what lies behind that decision.

[Lord Harris of Haringey (Lab)]

My Lords, does the fact that the M6 toll road is so successful demonstrate that people are prepared to pay good money not to go to Birmingham?

[Lord Ahmad of Wimbledon]

I am sure that that is just the noble Lord’s view; it is certainly not my view. Just to put this matter into perspective and to get back to the nature of the Question, people who choose to use the Severn Bridge crossing save, on average, up to 50 minutes on their journey time, so there is a cost benefit. There is also a time benefit for businesses and individual travellers to Wales.

Airports: Expansion

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Thursday 10th March 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

The Government have been very clear that the reasons why we are taking further consideration are the issues of environmental mitigation, which the Davies commission mentioned, and community engagement and noise and air pollution, which we are considering very carefully. It is right that we are taking the time to consider the decision. We will conclude those further considerations by the summer. The Government are acutely aware of the point my noble friend makes about the £31 billion loss and of the need to progress on this decision.

[Lord Harris of Haringey (Lab)]

My Lords, we all enjoy the Minister scurrying around in the long grass on this issue, but could he give a clear definition on behalf of the Government of what period “summer” covers?

[Lord Ahmad of Wimbledon]

Some would define it by when the sun shines, but I am certainly not going to say that. I think we are quite clear when we talk about the summer period: often it is when noble Lords enjoy their Recess.

Airports: Expansion

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Thursday 4th February 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

I think that I have made the Government’s position quite clear. The commission was set up by the previous Government under the guidance of the current Prime Minister in 2012. It reported its findings. It was a comprehensive review. As I said in my earlier Answer, the Government are committed to its conclusions and the three options it presented, all being viable options. We will proceed on those. The commission also said that the decision needed to be made and the airport needed to be operating by 2030. That is certainly the timetable that the Government are committed to.

[Lord Harris of Haringey (Lab)]

My Lords, is it not the case that the Airports Commission was set up by the previous Government as a means of keeping this particular ball in the air because the Government were not prepared to make a decision? That was at a direct cost of at least £20 million. The ball has now been kicked firmly into the long grass and every so often the Transport Secretary kicks it further away from a decision. If the Government really believe that the decision to increase airport capacity is urgent and important, how much longer will they dither over this issue because they do not want to make a political decision?

[Lord Ahmad of Wimbledon]

The Government have been quite clear: the reasons for further consideration included environmental issues such as air pollution—a subject close to the noble Lord’s heart. This is not about keeping things up in the air. On the contrary, it is about getting those things in the air down on the ground.

Railways: South-West Network

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Thursday 28th January 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

Let me be even more clear: the studies are being looked at. We have taken on board what the Peninsula Rail Task Force has said. My honourable friend the Rail Minister, Claire Perry, even this morning reiterated the Government’s stance that we are working with officials and looking at the studies to ensure that those improvement studies can be properly funded.

[Lord Harris of Haringey (Lab)]

My Lords, the Minister accused my noble friend Lord Berkeley of being factually incorrect. He did not do the same to my noble friend Lord Rosser. Presumably, the Minister is confirming that it is correct that the rail enterprises concerned have been informed that there is no more money. What exactly is the situation? Are the Government looking at something that has already happened but, at the same time, telling somebody that there is no money to go any further?

[Lord Ahmad of Wimbledon]

I have already given the Government’s position: we are investing in our rail network. I have been clear about that to the noble Lord, Lord Berkeley. If the noble Lord, Lord Harris, wants me to say that the noble Lord, Lord Rosser, was also incorrect that the Government are not making money available for investment in rail—we are. On the specific study on governance, as I have already said, my honourable friend in the other place made clear that she is looking at this issue very closely with officials to ensure that the appropriate money required for the governance studies will be found.

Airports: London

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Tuesday 2nd June 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

I always find the noble Lord’s lessons in history extremely enlightening. As I said, we will wait for the report; once it is published, the Government will respond accordingly.

[Lord Harris of Haringey (Lab)]

Could the Minister try to answer the question? If the Davies commission recommends only one new runway, will that be the only runway that the Government consider or are there other runways that might go forward as well?

[Lord Ahmad of Wimbledon]

My Lords, patience is a virtue, and I would ask the noble Lord to be patient. The commission is going to report very shortly and he will have his answer then—and the Government’s support accordingly.

Short-Term Holiday Lets

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Monday 8th December 2014 Lords Chamber

[Lord Ahmad of Wimbledon]

The noble Earl raises an important point about consultation. The regulations, when they are issued, will be subject to an affirmative order. In developing the guidelines and the subsequent regulations, we are working very closely with London local authorities to ensure that all the points and concerns that they raise are covered.

[Lord Harris of Haringey (Lab)]

I am not sure that the Minister has answered my noble friend Lord Campbell-Savours’s question. The Minister referred to anti-social behaviour measures and said that they were for persistent bad behaviour. How does this apply in a short-term let of two weeks, four weeks or even a month?

[Lord Ahmad of Wimbledon]

If the noble Lord so desires, I can write to him in detail about the full provisions of the Act, which I am sure he knows well—I think that he participated in the legislation. The Act also provides for community triggers, for example. This will for the first time give victims and communities the right to require agencies to deal with persistent anti-social behaviour. I am quite happy to provide chapter and verse on those orders to the noble Lord.

Stephen Ward

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Thursday 16th January 2014 Lords Chamber

[Lord Ahmad of Wimbledon]

I have great respect for the noble Lord, Lord Hennessy. If certain records are held for another 100 years or so, may God grant him a long life.

[Lord Harris of Haringey (Lab)]

I do not think that the Minister has really answered my noble friend Lord Richard’s question. We are talking about evidence that was given in public, and the Government—the archives—now hold material relating to that, possibly transcripts of it. For some reason, a decision has been taken that, because of sensitivity, these cannot now be rereleased to the public. What are the criteria for deciding why something which is already in the public domain should be suppressed in the future?

[Lord Ahmad of Wimbledon]

My Lords, the Government have considered the published guidance. Indeed, the Information Commissioner’s Office has also given guidance that the disclosure of any personal data still will breach the data protection principles, even after that has been disclosed in an open court. Having considered this guidance and the relevant information, the Government have decided—I have made that quite clear—not to release the partial records of witness evidence at this time.

Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Tuesday 14th January 2014 Lords Chamber

[Lord Ahmad of Wimbledon]

Again, I totally understand and respect the noble Baroness’s position. She is correct in saying that, often, the people who may be forced into a marriage would be unaware of the situation. The point she raised about parents is also well made. However, as the legislation stands, they would not have given their “full” consent, which means that they had the capacity to give that consent. I see that the noble Lord wishes to speak.

[Lord Harris of Haringey]

The point here is not the consent but whether coercion has taken place. The noble Baroness, Lady Hamwee, put it very clearly: for an offence to be committed, both paragraphs (a) and (b) have to apply. It is not a question of whether consent has been given or not under paragraph (b) but a question of whether or not there has been coercion. This will not necessarily be coercion. It may simply be suggestion, which I do not think counts as coercion. The context is that you have to do both (a) and (b), so there has to be either the use of “violence” and “threats”—which does not necessarily have to happen—

“or any other form of coercion”.

However, this will not necessarily be coercion. I will carry on explaining the point to allow assistance to come from the Box. It is an extremely important issue.

There is the question of coercion, which leads to somebody entering into a marriage, and the question of consent. I think we all agree that people with limited capacity will not be able to give consent. However, that, in itself, does not create an offence, because they may not have been coerced. A highly suggestible person with learning difficulties may simply have been told, “This is going to be nice, you are going to enjoy this and this is going to be fun. So-and-so is going to look after you and take you to the cinema”. I do not know what the form of suggestion might be, or how it might be put, but that is the context in which it would happen. It is not the same as coercion—that is the difficulty. As far as I can tell—the noble Baroness, Lady Hamwee, put it very clearly—you need both coercion and the failure to consent before you have committed an offence. That is why my noble friend Lady Thornton’s amendment is so important.

[Lord Ahmad of Wimbledon]

I thank the noble Lord and the noble Baroness for their interventions and will return to that point before I conclude my comments. The point is well made and understood, but I will continue while I await clarification. My understanding on this issue is that any person taking part in a marriage would have to give their consent. The view is that, if no consent is given, it would not be deemed to be a valid contract. However, as I said, I will clarify that point in a moment.

I turn to Amendments 87A and 87B tabled by the noble Baroness, Lady Tonge. I shall explain that these amendments relate to the process by which a young person aged 16 or 17 may consent to the marriage. Following the Committee stage, I have had the opportunity to meet the noble Baroness and I welcome the opportunity again to discuss this important issue today. These amendments would make it an offence for the parent or guardian to consent to a marriage of a person or persons before the age of 18 unless the written consent of both parties to the marriage has been obtained. The offence would also extend to marriages contracted outside the UK.

I understand that the noble Baroness is concerned that under the current law parents may give consent to force marriage on a 16 or 17 year-old who may not wish to marry. However, I do not believe this amendment is necessary because the law already provides adequate safeguards for children who are aged 16 to 17 and are entering into marriages.

The law in England and Wales, as contained in Section 2 of the Marriage Act 1949, provides that if a marriage, be it civil or religious, is solemnized and either or both of the parties is under the age of 16 that marriage will be void. If the child is aged 16 or 17, Section 3 of the Marriage Act 1949 requires the consent of the child’s parents or guardians, unless the child is a widow or a widower.

I appreciate that Amendment 87A seeks to add additional safeguards to the current law rather than preventing the marriage of 16 and 17 year-olds outright. However, I consider that the additional need for the written consent of parties is unnecessary. If any person is forced into a marriage without their consent, the provisions in this Bill which will make it a criminal offence to seek to force someone to marry will apply regardless of the age of the party concerned. In addition, any forced marriage would be voidable under Section 12(c) of the Matrimonial Causes Act 1973 on grounds of lack of valid consent.

If someone is being forced into marriage, it is foreseeable that they could be forced to provide written consent. Therefore, I do not believe that this provision would achieve the noble Baroness’s desired effect of preventing forced marriages. However, I understand totally the noble Baroness’s concerns and I share her desire to ensure that we do everything we can to protect 16 and 17 year-olds—as well as others—from forced marriage. In regard to the points made by the noble Baroness, I will keep the provisions in the Bill under review and, as we have previously discussed, consider the issue of how the legislation is currently drafted to see whether there is something more that we can return to at Third Reading.

Turning to the application of such a provision to marriages contracted outside the United Kingdom, there is no legislation in England and Wales on this issue and matters of recognition of such marriages in England and Wales are for the courts to determine. However, I consider that the courts already have the necessary powers to provide adequate safeguards for children entering into marriages outside the UK. Generally speaking, the validity of a marriage contracted outside the UK will be governed by the law of the country in which it was contracted. However, if there were questions as to the capacity or age of one or both parties to such a marriage, the courts in England and Wales could refuse to recognise the marriage for the purposes of England and Wales law.

I therefore consider that the need for the written consent of parties is unnecessary in respect of marriages contracted outside the UK. We also do not believe that applying this sort of provision to marriages contracted outside the UK would be practical or appropriate. For example it would, in our view, be extremely difficult to enforce.

Finally, I turn to Amendment 87B, which seeks to make identical provision to Amendment 87A in respect of Scotland. This is a devolved issue, as the noble and learned Lord, Lord Hope of Craighead, underlined.

Perhaps I may turn to the issue just raised on Section 109. The Forced Marriage Unit carried out a full review of the cases dealt with in relation to victims with learning disabilities and mental health issues and could not find any cases in which there was no element of coercion. Where there is an element of coercion, we do not wish to criminalise the behaviour concerned. Rather, the appropriate recourse is for the individual to apply to the court for the marriage to be declared void under Section 12 of the Matrimonial Causes Act.

Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Wednesday 4th December 2013 Lords Chamber

[Lord Ahmad of Wimbledon]

I suggest that between Committee and Report I meet my noble friend to address her specific concerns, which I hope will help with clarity and understanding at the next stage.

[Lord Harris of Haringey]

Does the noble Baroness agree that it might be helpful if the Minister, in writing to her, sets out a precise list of what is required and explains why it would not be possible for that list to be laid in regulations so that it is clear what information is being referred to? The way in which it is written at the moment seems extraordinarily broad.

[Baroness Hamwee]

I agree with that. I was going to press my noble friend a little on whether the Information Commissioner has been consulted. I hoped that there might be time for inspiration to flow across half the length of the Chamber but I do not think that it has.

Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Monday 25th November 2013 Lords Chamber

[Lord Harris of Haringey]

My Lords, I am grateful to the Minister for giving way, but if the desire is to give all this freedom to local authorities, I am still not clear why Clause 56 is needed at all. As has been pointed out, Clause 55(8)(c) states, “must … specify the period”, so you cannot just say, “We’ll just whack it in and see what happens”, and Clause 57 allows for variation. While I am on my feet and so as not to interrupt later, in case the Minister does not have the answer in his notes, I would be interested in his response to the question asked by the noble Lord, Lord Faulks, as to the objection to changing “must” to “may” in Clause 56(5), so that there might be a less onerous process for the renewal of orders.

[Lord Ahmad of Wimbledon]

I never object to any noble Lord interjecting and asking questions. I have sought to explain why a defined period is specified in Clause 56. I shall certainly take back the suggestion on this matter made by my noble friend Lord Faulks and speak to officials. However, Clause 56 provides a key link through from Clause 55 to Clause 57 and sets out quite specifically the details behind the order. I therefore commend the clause to the Committee on the understanding that I will further consider Amendment 55A.

Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Ahmad of Wimbledon and Lord Harris of Haringey

Tuesday 12th November 2013 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, I declare an interest as chair of the Freedom charity. I apologise to the Committee for not being present for the earlier part of our discussions on these topics due to a commitment at the Department of Health.

This is an important principle. If the Minister is planning to respond by saying that the issue is adequately covered either in the clauses we have before us or elsewhere in legislation, I urge him to think again before giving the Committee that response. It needs to be made absolutely explicit that a forced marriage is not valid where there is any question at all that the person being coerced into marriage and who has entered into it does not have capacity. That capacity may be related to age—elsewhere in our legislation there has been all sorts of discussion about capacity and age, and some of the girls concerned are of a very young age—or it may be related to learning difficulties of various sorts. We therefore need to make it absolutely explicit in the legislation that this is intended to cover those circumstances where the individual concerned does not have capacity.

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Baroness, Lady Thornton, for her amendment. I also thank my noble friend Lady Hussein-Ece and the noble Lord for their contributions. The noble Lord alluded to the Freedom charity, which carries out notable work in this field, and I acknowledge his work and engagement in that arena.

Marriage without consent or the capacity to consent is totally unacceptable. Clause 108 specifies that an offence is committed if the perpetrator uses coercion and believes, or ought reasonably to believe, that their conduct may cause another person to enter the marriage without free and full consent. A person who lacks capacity to enter into marriage is incapable of providing free and full consent to marriage. In the cases that have come to the attention of the Forced Marriage Unit, some form of coercion has invariably been involved in forcing a person who lacks capacity to consent to a marriage. The new offences would therefore cover this behaviour.

Although I totally understand the noble Baroness’s concerns and those of other noble Lords, the definition of the new offences in Clause 108 already captures in practice the types of cases intended to be covered by this amendment. I take on board the point that the noble Lord made about looking specifically at this issue. Certainly, between Committee and Report we will look at the issue once again in the context of Clause 108. However, I assure noble Lords that Clause 108 is intended to capture that particular element. Marriage is voidable under Section 12(c) of the Matrimonial Causes Act 1973 on the grounds that,

“either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise”.

The issue was also raised of a vulnerable person getting a decree of nullity. The procedure to do so is available and a person can apply for a decree of nullity by filing a petition at any time after the marriage ceremony. If the application is not opposed, there is unlikely to be a court hearing and the person will not have to attend court. Following the petition, the court will issue a decree nisi and, following this, the applicant can apply for a decree absolute. The Family Procedure Rules make provision to ensure that these matters are straightforward for unrepresented applicants. However, having said all that, I fully acknowledge the points made by noble Lords about the special circumstances that they have mentioned. Having explained the scope of Clause 108, I hope that the noble Baroness is minded to withdraw her amendment.