Police, Crime, Sentencing and Courts Bill

Debate between Lord Ashton of Hyde and Lord Harris of Haringey

Committee stage
Wednesday 24th November 2021 Lords Chamber

[Lord Ashton of Hyde (Con)]

Because when we started three hours earlier, the usual channels asked us to finish three hours earlier—so it did not achieve anything.

[Lord Harris of Haringey (Lab)]

My Lords, I have listened to this with great fascination. I am afraid that the Chief Whip is being slightly disingenuous. He says that all this time has been spent in Committee in this House on this Bill. Nobody disputes that; it is a fact. But what is significant is that this is new material which has not previously been considered anywhere—except within the bowels of the Home Office perhaps. It is new material and that is why this House needs the opportunity to scrutinise it. Without that scrutiny, it will pass into law without there having been adequate discussion of what are clearly important provisions—they are important because, otherwise, I presume the Government would not have brought them forward.

[Lord Ashton of Hyde (Con)]

But they will be scrutinised, at the Committee stage and then at the Report stage.

Business of the House

Debate between Lord Ashton of Hyde and Lord Harris of Haringey

Wednesday 30th October 2019 Lords Chamber

[Lord Ashton of Hyde]

My Lords, I am very grateful to the noble Lord, the Opposition Chief Whip, who confirmed that the usual channels are working well. I am always happy to talk to him—as we have done in the past few days.

The amendment from the noble Lord, Lord Hain, would raise the possibility of taking the remaining stages of the historical institutional abuse Bill tomorrow as well. I acknowledge the comments from around the House and the way the noble Lord, Lord Hain, set out his manuscript amendment. I assure the House that the Government take seriously the issues that the Bill addresses and are fully committed to delivering the compensation scheme. The importance that we attach to it is demonstrated by the fact that it was one of the first Bills introduced after the Queen’s Speech, and the Second Reading was on Monday.

As a consequence of the decision by the House of Commons to have an early general election, however, parliamentary time is now very limited. Unfortunately, there is simply not enough time for the Bill to pass through both Houses before Dissolution on 6 November. The Bill has only had its Second Reading in this House, and even if it were to go through all three remaining stages in this House it would still have to be considered by the House of Commons. Although I agree with the noble Lord, Lord Hain, that this Bill has cross-party support, I am sorry that, on the grounds of practicality, I cannot agree to the noble Lord’s request. I ask him, therefore, to withdraw his amendment.

[Lord Harris of Haringey (Lab)]

Before the noble Lord sits down, my noble friend the Opposition Chief Whip has said that the news from the other end has changed, and we are now not going to prorogue on Thursday night, in which case there is a lot more time at the other end than was previously thought. Will the noble Lord, the Chief Whip, tell us, therefore, what the situation is with regard to Dissolution and the time available to deal with this legislation?

[Lord Ashton of Hyde]

One thing I have found since I started this job very recently is that it is a full-time task keeping up with the business of this House, let alone that of the House of Commons: that is not in my gift. If it is true, however—I have not been informed about it yet—then the House of Commons has more time than if we had adjourned on Thursday, so more time for this Bill is certainly a possibility. I cannot, however, make decisions about House of Commons timing while on my feet at the Dispatch Box. I am perfectly happy to talk to the usual channels, as I did before, but this is not the time and place to accept the noble Lord’s amendment.

Gambling: Children in Africa

Debate between Lord Ashton of Hyde and Lord Harris of Haringey

Wednesday 17th July 2019 Lords Chamber

[Lord Ashton of Hyde]

I certainly agree that that is an interesting suggestion, particularly the bit about chief executives taking responsibility for the companies. I would not go so far as to say that it should be a matter for the criminal law but it is an interesting suggestion. As I said before, the Gambling Commission is the Government’s adviser; I am sure that it will bear the noble Lord’s suggestions in mind.

[Lord Harris of Haringey (Lab)]

Can the Minister explain why it is not a matter for the criminal law?

[Lord Ashton of Hyde]

I was suggesting that that would be a change to the existing arrangements and that I do not think it right to suggest a change in the criminal law from the Dispatch Box without considering it fully.

Online Harms

Debate between Lord Ashton of Hyde and Lord Harris of Haringey

Monday 8th April 2019 Lords Chamber

[Lord Ashton of Hyde]

The right reverend Prelate is right that holding international companies to account is absolutely crucial, as I think I said before. There are limits to that, obviously, but some of the methods that we are consulting on—ultimately leading to closing the website down completely—are pretty serious, particularly for the large companies. We absolutely understand that. In addition, we want to continue to work with our international partners, such as the G7, the G20, and those countries that share our views on freedom of speech and on balancing that with controlling and dealing with the worst harms. We want a free and vibrant internet but we do not want the harms that go with it. I absolutely take his point, and we will listen to what people have to say about the correct means of holding international companies to account, but it is crucial that we are able to do that. I can tell noble Lords that we have now had 50 responses to the consultation.

[Lord Harris of Haringey (Lab)]

My Lords, like most of your Lordships, I think, I welcome this White Paper, because it has taken us forward in a sensible and thought-through way. However, first, I am slightly confused in relation to the question posed by the noble Baroness about how seriously and where the Government are taking on board issues which are about the undermining of democracy. They are flagged up early in the White Paper, in paragraph 4, but then there is a vague section about leaving it to the regulator and having a code of conduct. That may be a valuable approach but should the Government not be taking action directly on such matters? For example, Sweden has produced a counterinfluence handbook designed specifically for these purposes. What are the Government’s intentions as far as that is concerned?

Secondly, the Minister said that time was of the essence so we are going through a three-month consultation process. Is the intention that there be legislation in the next parliamentary Session, whenever that may start? Thirdly and finally—I refer to my interests in the register on this—how are the Government planning to deal with adverts on the internet which are designed to be misleading? How will they deal with scammers who are on the internet?

[Lord Ashton of Hyde]

My Lords, with regard to disinformation connected with democracy and those essential questions, the White Paper deals with disinformation generally. With regard to electoral reform and how elections can be affected by the use of the internet, as I said, the Cabinet Office is bringing out a report soon to deal with that. It is right that constitutional affairs are dealt with there.

On disinformation, we have listed in the White Paper some of the areas we expect the regulator to include, such as:

“Promoting diverse news content … Improving the transparency of political advertising”—


noble Lords can read it themselves; there are other things. That is how we are trying to do it across government. As I said, there are other areas that we deliberately do not cover in the White Paper, but that should not be taken to mean that work is not going on. However, I accept the noble Lord’s suggestion that it is important and needs to be done soon. I take that on board.

As far as time is concerned, we are having a consultation, as the noble Lord said, which will end on 1 July. Obviously, it is not possible for me to say today when legislation will come before the House. That is a decision for the Government and the Leaders of both Houses. Judging by the discussions we have had today, and the feeling I get from across the House, all noble Lords think that this is an important issue. The Government think that this is an important issue. We are aware that we have taken time over the consultation. As far as the Home Office and DCMS are concerned, we want to get on with it.

We have just announced a review of advertising that will report in due course.

Mobile Networks: Resilience

Debate between Lord Ashton of Hyde and Lord Harris of Haringey

Tuesday 11th December 2018 Lords Chamber

[Lord Ashton of Hyde]

As the noble Lord, Lord Stevenson, alluded to, by 2020 the universal service obligation will give every household in this country a legal right to be connected at a speed of not less than 10 megabits a second.

[Lord Harris of Haringey (Lab)]

My Lords, when the Minister and his colleagues consider the resilience of the mobile phone network—I refer to my interests in the register on this matter—could he ensure that resilience for all providers is covered in respect of electricity power outages and their impact on mobile phone aerials? Most of those have a battery life of only two hours if the electric power is off.

[Lord Ashton of Hyde]

Yes, power outages, pandemics and flood are some of the issues that the ECRRG, the group which I mentioned, has considered. It has improved the organisation for that in recent months.

Television Licences: Over 75s

Debate between Lord Ashton of Hyde and Lord Harris of Haringey

Tuesday 27th November 2018 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, I am not sure that the Minister answered my noble friend’s question. If it was a manifesto commitment of the Conservative Party that the licence fee concession would continue until 2022, why have the Government subcontracted it to the BBC to break that manifesto commitment? Does he regard the licence fee as a tax and, if so, do the Government subcontract taxes to other people?

[Lord Ashton of Hyde]

I think that the noble Lord misunderstands the position. We made it absolutely clear to the BBC that we expect it to continue with this important concession, and in October the Secretary of State also made that clear to the House of Commons committee. However, the Digital Economy Act, which was passed before that, also made it clear that the Government retain the power to maintain the concession until 2020, which we will do, after which full responsibility will transfer to the BBC. Therefore, the settlement took place before the manifesto was written.

Distributed Ledger Technologies

Debate between Lord Ashton of Hyde and Lord Harris of Haringey

Wednesday 18th July 2018 Lords Chamber

[Lord Ashton of Hyde]

My Lords, moving on to distributed ledger technology, which everyone wants to talk about, I agree with my noble friend that it has tremendous potential. The United Kingdom is well set up to be a global leader, as the APPG’s report released on Monday outlined. There is proof of concept going on in several government departments—for example, Defra, DfID, the NHS and, in my own department, the National Archives. The evaluations are not available yet, because this is at an early stage. As for co-ordination, the projects are in various departments. There is an officials group which meets to discuss these. We have participated in two round tables in the last few months and we are considering how best to co-ordinate the efforts across government.

[Lord Harris of Haringey (Lab)]

My Lords, in the various discussions taking place, to what extent is the Home Office involved in these considerations? In particular, this is because distributed ledger technology could provide a means by which people would be able to verify their identity without the so-called concerns that people used to have about identity cards with a centrally maintained register held by the Government. A DLT-based technology would enable us to hold our own identity details in a way that would be verifiable across the world.

[Lord Ashton of Hyde]

The noble Lord is absolutely right. That is a very good example of where this distributed technology could be used, and there are other, similar areas. One of the benefits of this technology, and the fact that it is distributed and everyone has the same copy of the database, is that it builds trust in data, and this is an important area across many departments. I do not know specifically what proofs of concept the Home Office is doing at the moment, but I will certainly take that back to my noble friend the Minister. As I said in my previous answer, there is a cross-governmental officials group and we are currently looking at how best to co-ordinate across government.

Youth Services

Debate between Lord Ashton of Hyde and Lord Harris of Haringey

Monday 3rd July 2017 Lords Chamber

[Lord Ashton of Hyde]

As I said in my previous Answer, local needs are best addressed by local authorities. It is not the ideal position of central government to look at local needs such as those to which my noble friend referred. However, it is not just a question of local authority spending. That is why we are spending £200 million on the National Citizen Service, £40 million on the #iwill fund—looking after a third of its running costs—£40 million on the Youth Investment Fund and £10 million from LIBOR fines for uniformed youth groups. Importantly, we are spending £700,000 on the Delivering Differently for Young People programme, which gives local authorities technical and legal support to help them develop new models for delivering youth services.

[Lord Harris of Haringey (Lab)]

My Lords, it is all very well saying that decisions are best made locally, which of course they are, but if the Government reduce the funding to local authorities by more than two-fifths, it is inevitable that youth services and other non-statutory mainstream services will suffer. The Government have a responsibility. What are they going to do about the fundamental issue underlying the noble Baroness’s Question, which is that there is a problem in terms of activities for young people which should be properly resourced and funded?

Gambling: Young People

Debate between Lord Ashton of Hyde and Lord Harris of Haringey

Thursday 12th January 2017 Lords Chamber

[Lord Ashton of Hyde]

I congratulate the noble Baroness on her achievement with the Gambling Act. However, things have not stayed the same since then; for example, the Gambling (Licensing and Advertising) Act 2014 brought all gambling websites that provide gambling to British subjects, including foreign websites, under the licensing regime. We realise that this is a fast-moving environment, and the Gambling Commission monitors it on a continuing basis. As I said, we will not hesitate to take action if it is required. However, our statutory adviser has said that age verification is working well.

[Lord Harris of Haringey (Lab)]

My Lords, in his initial Answer to the right reverend Prelate, the Minister mentioned the action the Gambling Commission could take against people offering underage gambling. Can he tell us, first, in how many instances it has taken action and what the consequences were and, secondly, how it takes action against overseas providers of those sites?

[Lord Ashton of Hyde]

My most up-to-date information is that there have been 11 occasions when the Gambling Commission has asked payment providers to prevent payments to unlicensed websites. On all 11 occasions the payment provider either terminated its relationship with the unlicensed operator or took steps to ensure that those websites were no longer available to consumers. There has also been great success with foreign unlicensed gambling websites. The key to this is that gambling is no good if you cannot transact money, so we stop payment providers. They are not prepared to deal with unlicensed—and thereby illegal—operators. I have figures here to show that it has been very successful.

European Union: Regeneration Funding

Debate between Lord Ashton of Hyde and Lord Harris of Haringey

Thursday 21st July 2016 Lords Chamber

[Lord Harris of Haringey (Lab)]

And take the rest of the Government with you.

[Lord Ashton of Hyde]

I am getting plenty of suggested answers. In fact, we did not vote to leave the UK, we voted to leave the EU. We will have to transition to new long-term arrangements where the UK does not participate in EU programmes, but these are not simple decisions without long-term consequences. Given those complexities, the Government will make an announcement soon, which will provide clarity.

Communications Data

Debate between Lord Ashton of Hyde and Lord Harris of Haringey

Tuesday 15th September 2015 Lords Chamber

[Lord Ashton of Hyde]

My Lords, however skilfully he does it, the noble Lord will not get me to say what is in the draft Bill. It would be wrong of me to do it as a government Whip in the House of Lords and, secondly, I do not actually know.

[Lord Harris of Haringey (Lab)]

Given the importance that those of us on these Benches put on the security of our nation, will the Minister make sure that in the consultation that takes place the distinction between communications data and the interception of the content of communications is made absolutely clear? Could he also make it absolutely clear that people understand the consequences of a degrading of the ability of the police and other agencies to have access to communications data in a timely and effective fashion?

[Lord Ashton of Hyde]

The noble Lord is absolutely right. I think the Anderson report recommended that we should look at the definitions of different classifications of data and therefore the different levels of intrusiveness that are involved and the different permissions that are needed. It is critical. The definitions of different sorts of data, what should be done and who should be able to authorise interception are some of the key questions that will be looked at in the consultation once the draft Bill has been published.

Counter-Terrorism and Security Bill

Debate between Lord Ashton of Hyde and Lord Harris of Haringey

Tuesday 20th January 2015 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, I, too, want to say a word about Amendment 7. I have some difficulty with the arguments being presented in favour of it. I accept that there is clearly a potential issue about humanitarian assistance in terms of other terrorist legislation, but Schedule 1 relates to, “Seizure of passports etc from persons suspected of involvement in terrorism”. The paragraph is referring to an individual at a port in Great Britain where a constable has reasonable grounds to suspect that person of being involved in terrorism. To amend in terms of humanitarian support seems completely unnecessary. Surely, it is palpably obvious to a constable making this decision that this is not someone engaged in terrorist activity if what they are doing is humanitarian activities.

If, however, an exception is put in, which says that you except people who might be engaged in humanitarian activities, a situation would be created in which people will purport to have been providing humanitarian assistance rather than anything else. It seems to me that, although there is a genuine debate to be had about humanitarian activities and the extent to which crossing into various areas might be deemed to apply, this is a circumstance in which a constable is exercising a judgment about whether the individual in front of him is engaged in terrorist activities. If they are palpably humanitarian, there is no suspicion. If, however, they are given the option of pretending to be humanitarian so as to avoid the constable having the right, it seems to me that an additional problem is being created.

[Lord Ashton of Hyde]

My Lords, I am grateful to my noble friends for tabling more probing amendments. The Minister and I will be well and truly probed by the end of the Committee stage.

We have had an interesting debate, with arguments expressed on both sides. The definition of “involvement in terrorism-related activity” used in Schedule 1 is the same throughout the Bill. It may be helpful to explain to the Committee that this definition has already been changed from that which exists in previous legislation in line with the recommendation of the Independent Reviewer of Terrorism Legislation that the definition of terrorism-related activity in the TPIMs Act should be narrowed.

The effect on the current Bill is that involvement in terrorism-related activity does not include conduct which gives support or assistance to individuals who are known or believed by the individual concerned to be involved in conduct which facilitates or gives encouragement to acts of terrorism, or which is intended to do so. David Anderson described these individuals as those who are at three stages removed from actually committing a terrorist act: the giving of support to someone who gives encouragement to someone who prepares an act of terrorism. This change in definition is consistent with the public protection to which the legislation is directed.

Amendments 6 and 7 would amend the definition of involvement in terrorism-related activity as it currently appears in the Bill. The provision to which Amendment 6 relates refers to,

“conduct that gives encouragement to the commission, preparation or instigation”,

of acts of terrorism, whether or not the conduct is intended to do so. The amendment would amend the definition to conduct that gives intentional or reckless encouragement. To answer my noble friend Lady Hamwee, we believe that reckless encouragement is included in the current definition and we believe that accidental or reckless encouragement should be captured when its consequence is to encourage the commission, preparation or instigation of acts of terrorism.

The provision to which Amendment 7 relates refers to,

“conduct that gives support or assistance to individuals who are known or believed by the person concerned to be involved in”,

the commission, preparation or instigation of acts of terrorism. It is clear that the support or assistance which falls within that definition is that which supports or assists individuals with acts of terror. We do not want to specify explicitly—this point was well made by the noble Lord, Lord Harris of Haringey—that those providing humanitarian assistance, however defined, are excluded from the definition of involvement in terrorism-related activity. For example, as the noble Lord mentioned, it is possible that a person acting in a humanitarian capacity can also give support or assistance that would enable others to engage in terrorism.

My noble friend Lady Hamwee asked whether we have consulted NGOs or charities on this, and the noble and learned Lord, Lord Hope, mentioned its possible chilling effect on charities. We have not specifically consulted, but such organisations are capable of referring to the consultation. We would encourage them to do so and to reply to it.

I want to reassure your Lordships that support or assistance is, in this legislation, quite clearly that which supports or assists individuals with acts of terror and not any other legitimate activity.

--- Later in debate ---

[Lord Harris of Haringey]

That is more helpful than the noble Lord might have thought when he received that note. To put it in context, if 600 or so—different numbers have been bandied about—individuals have gone out to take part in activities overseas, are we talking about specifically targeting that sort of number or about a rather broader sweep? That is what I am trying to get at.

[Lord Ashton of Hyde]

We would obviously like to stop as many as we can from going, but I am reluctant to give the numbers, or even a broad indication of them, today. I will go back and find out how much we would be prepared to discuss numbers or even ranges but I would not like to commit myself now, if that is all right.