Children: Sexual Abuse

Debate between Lord Bates and Lord Scriven

Monday 14th March 2016 Lords Chamber

[Lord Bates]

One thing we are trialling to get just the type of feedback that the noble Baroness referred to is joint inspections of safeguarding boards by HMIC, the probation inspectorate, Ofsted and the Care Quality Commission. Alan Wood’s review will report back into the process. It is taking time, but it is such a vital area that we need to get it right. Learning the lessons of the past is part of what Justice Goddard’s inquiry is seeking to do, to make sure that we can establish a body of learning to prevent such abuse in the future.

[Lord Scriven (LD)]

My Lords, will the Minister seriously consider direct intervention by the Government in South Yorkshire Police’s performance in dealing with child sexual exploitation? This has been highlighted by the recent report from Her Majesty’s Inspectorate of Constabulary, which said that South Yorkshire Police still needs to make major improvements. Following freedom of information requests to 10 forces across the country, a BBC report on Friday showed that, nationally, one in five cases reported is charged, but that in South Yorkshire the figure is one in 16.

[Lord Bates]

They are very serious claims. The HMIC report at least pointed to some improvement. We have Professor John Drew looking independently into this and will carefully follow his responses. It is very important to have the confidence of the public in that particular area, which has been at the centre of so many cases, so we will be watching very carefully indeed.

Asylum: Sexual Orientation

Debate between Lord Bates and Lord Scriven

Monday 20th July 2015 Lords Chamber

[Lord Scriven]

To ask Her Majesty’s Government whether they plan to implement the recommendations in the report by the Independent Chief Inspector of Borders and Immigration of March–June 2014 regarding the handling of asylum claims made on the grounds of sexual orientation, and if so, when.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, the Home Office has been actively working to implement the recommendations. An updated asylum instruction considering sexual identity issues in the asylum claim has been issued. Approved training for staff is under development. These will ensure the sensitive and effective exploration of asylum claims based on sexuality. The Home Office is conducting “second pair of eyes” checks on all such claims to ensure the consistent recording of cases and more accurate data.

[Lord Scriven (LD)]

I thank the Minister for that Answer. He may be aware that an action plan has been agreed with third sector organisations that has become more “plan” than “action”. Can he say when the action plan will be implemented and, if not, will he write to me giving a date? Also, could the person overseeing the action plan be someone equivalent to the director of asylum, rather than a junior policy officer, as is presently the case?

[Lord Bates]

I am aware of the action plan; it has been drawn up in consultation with the national asylum stakeholders group, which includes groups that work specifically with lesbian, gay and bisexual organisations. He will be aware of the report of the Independent Chief Inspector of Borders and Immigration: we have accepted all its recommendations and they are in the process of being implemented. I do not have a final date for when that will be concluded, but I shall certainly speak with officials about that and write to him.

Surveillance Legislation

Debate between Lord Bates and Lord Scriven

Thursday 16th July 2015 Lords Chamber

[Lord Bates]

Absolutely, and I think we are all grateful to the business managers for having arranged time for that very important debate before the report from RUSI had actually been received. There were many helpful contributions in that debate, including those from the noble Baroness, Lady Manningham-Buller, and the noble and learned Lord, Lord Brown of Eaton-under-Heywood, who shared incredible insights from their practical experience of the dilemmas that are faced. On the issue of judicial authorisation of warrants, judgment was split: RUSI and the ISC were in favour of the status quo whereas David Anderson wanted to look at it. That will be work for the pre-legislative scrutiny committee whose deliberations will, of course, be published.

[Lord Scriven (LD)]

My Lords, can the Minister explain to the House how, if the Government decide not to go for a judicial signature on the warrant, the country will get information from communications service providers abroad, which hold most of the data that would be sought, when they have said that they are highly unlikely to give over information based on a political signature but are likely to co-operate with us based on a judicial signature?

[Lord Bates]

As Sir Nigel Sheinwald, the Prime Minister’s envoy to the communications service providers on this issue, pointed out, our system is not entirely politically based. There is judicial oversight of the process in the shape of the commissioner, who can look into this and review the decisions taken. I hope that that would satisfy. I have to say—although the noble Lord is leading me down that road—that we have reached no conclusions on that, and it will be thoroughly debated publicly before any decision is taken.

Immigration: Detention

Debate between Lord Bates and Lord Scriven

Thursday 26th March 2015 Lords Chamber

[Lord Bates]

I will need to double check on that, but I think that, under Article 5 and the rules governing when people have been subject to sexual violence or torture, that is the subject of the medical examination when they are brought into the system and therefore they should never be in the system. I will look at that— I will not look at the Box, because I will get a shake of the head, probably—and include it in my letter to Stephen Shaw today.

I could address other matters, but time has probably run out and so I am not able to.

[Lord Scriven]

Under the John Vine report on detention and sexuality, there is meant to be an action plan. Clearly, the recommendations are sitting in the Home Office. When will the action plan come forward so that issues to do with sexuality in detention can be addressed? We know what the issues are. The Home Office has accepted the recommendations and we are just waiting for the action plan.

[Lord Bates]

I do not have the details of when the action plan will be released. As the noble Lord said, we have accepted the recommendations and we will release it at some point. I shall get an answer for him today. My officials will have the answer and if he meets me at the back of the Chamber I shall quickly be able to give it to him.

I undertake to deal with the particular point raised by the noble Baroness. I recognise that this is an extremely sensitive issue and that we are talking about very vulnerable people. We are deeply concerned about it and are aware of our international obligations. It is that sense and that thought that I hope, in paying tribute again to the noble and learned Lord, Lord Lloyd of Berwick, is an example of his chairmanship, which he referred to, where he would take people who were a long way apart and then, step by step, bring them a little closer together. That is his legacy.

Police: Complaints

Debate between Lord Bates and Lord Scriven

Tuesday 3rd March 2015 Lords Chamber

[Lord Scriven]

To ask Her Majesty’s Government what steps they are taking in the light of the number of complaints against police forces in England and Wales as reported by the Independent Police Complaints Commission.

[The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)]

My Lords, the Government see the effective handling of complaints as a cornerstone to trust in the police. We have undertaken significant policing reform, including reforming the IPCC to handle all serious and sensitive cases. We have consulted on reform to make the complaints and disciplinary systems independent, customer-focused and transparent. These major reforms will improve the public’s experience and the process. The Government will respond to the consultation during this Parliament.

[Lord Scriven (LD)]

I thank my noble friend the Minister for that Answer. However, will the Government, as a matter of urgency, set up an independent inquiry into South Yorkshire Police over its systematic failings and slow and inadequate responses and improvements in cases of child exploitation, particularly its handling of the Rotherham cases?

[Lord Bates]

My noble friend is absolutely right to highlight the appalling situation that has been uncovered in Rotherham and South Yorkshire. That aspect of the South Yorkshire Police is, of course, subject to review by Her Majesty’s Inspectorate of Constabulary, which undertook one review in 2013 and two in 2014. Reviews are now being undertaken by the National Crime Agency and Operation Stovewood. At this stage, we do not feel there is a need for a further independent inquiry but I would be very happy to meet my noble friend, as a very senior member of the community in that area, to see what more can be done to learn the lessons from that dreadful experience.

Counter-Terrorism and Security Bill

Debate between Lord Bates and Lord Scriven

Wednesday 4th February 2015 Lords Chamber

[Lord Bates]

My Lords, I am grateful to all noble Lords who have spoken in this brief debate. There have been some excellent contributions. First, I want to clarify something I said earlier which might have sent people down the wrong track. I talked about 42 responses which my noble friend Lord Phillips rightly pulled me up on as being a paltry number. That was the number of academic institutions which responded. In fact, the consultation produced 1,792 responses. Five consultation events were held—in Manchester, Cardiff, Birmingham, London and Edinburgh—that reached a further 300 delegates from specified authorities, including representatives of higher education. So there have been some additional responses. Of course, it would be excellent to see more contributions.

The point that was made eloquently by the noble Baronesses, Lady Williams and Lady Smith of Newnham, on the importance of engaging young people is absolutely right. It would seem perfectly within the spirit and letter of both the guidance and of what we are putting forward here for academic institutions to engage with student bodies and societies; in fact, they should. They should ask, “What is the best way of implementing this within our institution?”. This would be entirely in keeping with the type of approach that we want. We are not talking about the European Society at Cambridge—unless there are instances there in which people could possibly be drawn into acts of terrorism. That would be unexpected and a surprise. We are talking about how to prevent people being drawn into terrorism—so a wider debate, crucially one involving young people, is very important.

Another element, which relates to what my noble friend Lord Phillips of Sudbury had to say in moving his amendment, is the impact of this. We have produced an impact statement on the Bill. My noble friend said that he does not accept what it says on page 7, but it does make some estimates as to the cost of implementing this across 2,000 higher and further education institutions in the UK. This is standard practice. For illustrative purposes, we assume that each institution requires one week of a junior officer’s time—a BIS liaison officer, working with the university—at a cost of £573. Also, it is not—

[Lord Scriven (LD)]

The Minister has given those figures, but it also says clearly in the impact assessment that there are some areas where the risk has not been assessed for Prevent requirement purposes. It is not possible to estimate accurately how much will be required for additional Prevent activities. So the figures in the impact assessment are completely irrelevant because, in many areas, the assessment as to what Prevent activity will be needed has not been done.

[Lord Bates]

That is a fair observation. We are in unknown territory, but in order to have an impact assessment, some basic assumptions have to be made. Those are the assumptions we are using to understand how this guidance would be implemented on the ground. Academic institutions might be able to undertake particular research about its effect.

--- Later in debate ---

[Lord Bates]

My Lords, in considering these amendments, I defer to the extensive and detailed local government expertise of my noble friends Lady Hamwee and Lord Scriven. Before I respond to the specifics of the amendment, I repeat that in relation to the Channel guidance, we are consulting local authorities and specifically Channel panel chairs. We would be very happy to consult London Councils—Sutton was mentioned in particular—to take account of their views and concerns and to address them in any guidance that is issued. If other local authorities feel the same, that would be welcomed.

Amendment 15K concerns the costs of implementing the duties in Chapters 1 and 2 of Part 5. The amendment would require the Secretary of State to report to Parliament on the costs incurred by specified authorities and on the grant made to meet those costs. My right honourable friend the Prime Minister has already announced £130 million of extra resource over this year and next to meet the increased terrorist threat from Syria and Iraq. Some of this funding has been earmarked for the implementation of the duty in the chapter. I am not trying to suggest that it is all going there. The vast majority, I think, is heading towards the security services for technology capability.

Channel panels already exist in all areas of England and Wales. Under existing arrangements, which should not change in practice as a result of this legislation, the Home Office provides funding for Channel police practitioners who co-ordinate activity in organising cases and supporting panels. Each of the nine police regions receives funding to support the Channel programme. For national security reasons, we do not publicly provide a breakdown of police counterterrorism spend by individual projects, capabilities, work streams or police force areas. Disclosure could identify areas where the threat to the national security of the UK is greatest and where there are vulnerabilities in different regions and capabilities. I hope that that helps in some way to explain the reasons behind this.

The Home Office also funds theological and ideological interventions—so that which is not provided by the local authorities is provided by the Home Office. We therefore do not consider that local authorities should incur extra costs as a result of the implementation of this chapter. Any statutory services provided would be met through existing funding.

[Lord Scriven]

The impact assessment states that extra work will happen because of the statutory duty, so the Government have made very clear that extra costs, not just to local authorities but to other statutory bodies within local areas, will be brought about by the new statutory duties. I am not clear what to follow as the specific guidance: the answer that the Minister is helpfully trying to give or the Government’s impact assessment, which is very clear about extra costs being associated with these new statutory duties—not just for local authorities but for other statutory bodies as well.

[Lord Bates]

I am happy to look at that. We are consulting on this. A little bit like the discussion we had on universities and higher education earlier on, it might be the case that there is some misunderstanding about the level of the duty which will be required as a result of this new law. That is the reason why the consultation will be very helpful. It is something that I will take away and reflect back on, and also feed back to colleagues in the Department for Communities and Local Government in relation to this, with whom we work closely. I will also perhaps write to the noble Lord with a little more information if I can. In the mean time, if the noble Baroness would be willing to withdraw her amendment, I would be grateful.

Independent Panel Inquiry into Child Sexual Abuse

Debate between Lord Bates and Lord Scriven

Wednesday 4th February 2015 Lords Chamber

[Lord Bates]

That will be very important, and of course your Lordships can routinely hold the Executive to account through the provision of reports. Given that this inquiry is independent of government, it will also be important that systems and processes are in place by which both Houses of Parliament can be regularly informed about progress.

[Lord Scriven (LD)]

My Lords, the Minister mentioned the Rotherham report. The report out today finds that Rotherham Borough Council has been involved in covering up information and suppressing whistleblowers, and it concludes that those closely associated with past failures need to let others make a fresh start. Does the Minister agree that any officer or councillor who is implicated in that report, or who stood back and did nothing, should resign immediately from Rotherham Borough Council?

Counter-Terrorism and Security Bill

Debate between Lord Bates and Lord Scriven

Wednesday 28th January 2015 Lords Chamber

[Lord Bates]

My Lords, I can say in advance that I will probably be writing to both my noble friend and the noble Lord on their points. As extensive as the briefing is, I am afraid that it has not pre-empted those two points of contracting out or the Ministry of Defence Police.

I will move the government amendments in this group shortly but first I will respond to Amendment 105A in the names of the noble Lord, Lord Rosser, and the noble Baroness, Lady Smith—the Opposition Front Bench. This amendment would add a unitary authority to a list of specified authorities in Schedule 3 on page 47. This is an issue that I have discussed with her previously. I am pleased to assure her and others in your Lordships’ House that this amendment is unnecessary. Unitary authorities are already covered by virtue of a county or, more commonly, a district council. On that basis, I hope the noble Lord will feel able to withdraw the amendment. I can see a quizzical look from noble Lords on this but we say that whether it relates to a county or district council in England—that is, a person carrying out the function of an authority mentioned in Section 1(2) of the Local Government Act 1999, by virtue of a direction made under Section 15 of that Act—the provision would catch all. Noble Lords will have to take the word of our counsel on it. It would be a pretty easy amendment to make if we were wrong, and we would be happy to correct it; but we feel that unitary authorities are covered under the existing wording.

There are a number of government amendments in this group, regarding bodies listed in Schedules 3 and 4. Schedule 3 specifies the authorities subject to the duty to have due regard to the need to prevent people being drawn into terrorism. Schedule 4 specifies the persons who are subject to the duty to co-operate with panels established by local authorities to provide support for people vulnerable to being drawn into terrorism.

Amendments 106, 108, 111 and 116 to 118 will ensure that the appropriate authorities are subject to the duties, and that there are no gaps or inconsistencies. Amendments 106 and 116 add persons who are appointed by local authorities under certain delegated functions related to education functions. This ensures appropriate coverage of the duties. Amendments 108 and 117 add a person specified by Welsh Ministers in respect of a direction made in respect of a Welsh local authority’s education functions. This amendment ensures a consistent approach.

[Lord Scriven]

Where do GPs, as part of the health service, fit into the system?

[Lord Bates]

I am thinking on my feet. The legislation mentions a community health council in Wales, a local health board or NHS foundation trust.

[Lord Bates]

That was a good try but I am clearly in need of that break. Rather than answer now, I shall add my noble friend honourably to the list of the three Members to whom I shall write with clarification. However, inspiration has just come to me. Of course I knew the answer. GPs are not covered by this provision.

[Lord Scriven]

If it is a function across health professionals and health services, the proportion of people who come into contact with an acute trust is significantly small. Why have the health service and GPs been excluded from the duty, yet consultants who see the minority of patients have been included? What is the significant difference in order for the Government to be making that delineation of clinicians?

[Baroness Hamwee]

My Lords, if the Minister is going to come back to us on various points, perhaps he can include something on patient confidentiality.