Hillsborough Families Report: National Police Response

Lord Bellingham Excerpts

Thursday 2nd February 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I appreciate that point, but the former Bishop of Liverpool’s report is being considered. We will publish our full response in due course, and I am quite sure that the duty of candour will form part of that response.

[Lord Bellingham (Con)]

My Lords, the bishop’s report made it very clear that when it came to the first round of inquests, the families could not secure legal aid, whereas all the public bodies were publicly funded in their legal applications. When can we expect equality of legal arms when it comes to these sorts of inquests?

[Lord Sharpe of Epsom (Con)]

My noble friend asks a very good question, and I am happy to say that some of the initiatives that have been taken support the sorts of things he is talking about—for example, the removal of means testing for exceptional case funding to cover legal support for families at an inquest. That broadens the scope and access for families. We have also refreshed the Guide to Coroner Services for Bereaved People. I hope that goes some way to answering my noble friend’s question.

Metropolitan Police: Criminality

Lord Bellingham Excerpts

Wednesday 1st February 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I have not read the story to which the noble Lord refers, so I cannot comment specifically, but certainly superficially, I agree it does not restore confidence.

[Lord Bellingham (Con)]

My Lords, at a time when public confidence in policing is at this low level, will the Minister examine the role of the 200 or so staff networks, many of which are blurring the line between policing and politics? I refer not to the Police Federation but to organisations such as the Green Police Network, the police vegan network and the National Association of Muslim Police, which has been known to criticise the Government’s Prevent programme. Is it not critical that police officers stick to operational duties rather than interfering in politics, and leave the latter to politicians?

[Lord Sharpe of Epsom (Con)]

My Lords, policemen should be able to express their opinions on these matters, as we all do, but I will certainly take my noble friend’s points away, do some more investigating and reflect on them back at the department.

Asylum Seekers: Syria, Afghanistan, Eritrea, Iran and Sudan

Lord Bellingham Excerpts

Tuesday 24th January 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

The noble Lord is entirely right: it is action we need, and I can certainly recommit to the ambition, outlined by the Prime Minister in his statement, to clear the backlog. As to the various countries within the backlog, those statistics exist but I am afraid I do not have them to hand, so I will need to write to the noble Lord about them.

[Lord Bellingham (Con)]

My Lords, can the Minister say something about the Government scheme for allowing direct applications from people in Syrian refugee camps? This is surely a far better route than the much more perilous one used by those trying to come here illegally.

[Lord Murray of Blidworth (Con)]

I entirely agree with my noble friend and clearly, that is the purpose of the UK resettlement scheme. Perhaps it would assist if I outlined that between 2015 and September 2022, we offered a place to nearly 450,000 men, women and children seeking entry via safe and legal routes, including those from Syria but also those from Afghanistan, Ukraine and Hong Kong, as well as the family members of refugees.

X-Rays: Child Refugees

Lord Bellingham Excerpts

Tuesday 6th December 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

The answer is no. By way of background, I remind the noble Baroness that, between 2016 and September 2022, there were 7,357 asylum cases where age was disputed and subsequently resolved, in which half the individuals—3,696—were found to be adults. At least 27 other European countries use scientific or medical methods as part of their age assessment process. The most common method by far internationally is the use of one or more X-rays, usually dental, wrist, clavicle or knee, although MRI scans, CT scans and physical or psychological examination by a doctor are also reported. The implementation of SAA across Europe varies enormously, with different methods or combinations of methods, data outputs and timing, and the use of negative interference.

[Lord Bellingham (Con)]

My Lords, given that 12 EU countries do not allow any asylum applications from Albania on the grounds that Albania is a democratic and aspirational country, why do we not do the same?

[Lord Murray of Blidworth (Con)]

Although I am tempted to address my noble friend’s topic, which is slightly off the topic of this Question, I will say only that the response to the problem of Albanian young men crossing the channel is being considered speedily by the department, and policies will be formulated shortly.

Solihull Murders

Lord Bellingham Excerpts

Wednesday 23rd November 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I am not sure that is strictly true. I do not wish to comment on the precise timings, but I repeat the statement I just made. The Government are taking violence against women and girls incredibly seriously and will continue to do so.

[Lord Bellingham (Con)]

My Lords, the five officers in question have been served with management action by the Independent Office for Police Conduct over the missed opportunities. Can the Minister explain exactly what this means? Furthermore, the Home Secretary has instructed police authorities to make sure that they do all they can to investigate every single burglary. Can the same principles not be applied to domestic violence as well?

[Lord Sharpe of Epsom (Con)]

My noble friend is completely right. In fact, nine officers from West Midlands Police were served with misconduct notices, and the IOPC found a case to answer for five of them at level. They received management action; I am afraid I am unable to define what “management action” actually means. I apologise for that. I will try to find out more on the subject and, if I can, I will write to my noble friend.

National Security

Lord Bellingham Excerpts

Wednesday 2nd November 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

If the noble Baroness is asking whether there was a threat to national security, I would have to say no.

[Lord Bellingham (Con)]

My Lords, following on from the excellent question by the noble Lord, Lord Arbuthnot, I ask the Minister to look again at some of the threats to national security coming from serious organised crime and cybercrime, and the way in which provincial police forces are responding. He touched on this briefly, but what more can the Government do to improve capacity and expertise among those provincial police forces?

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for that question. As he says, I think I have already partially answered it. The NCSC has helped UK institutions and organisations better understand the nature of cyber threats, risks and vulnerabilities. It has helped them to take action to secure systems and services that society depends on. It stops attacks up stream, as I pointed out. It would be wrong to go into more operational factors, but I hope my noble friend is reassured that much work is being done in that area.

Public Order Bill

Lord Bellingham Excerpts

2nd reading
Tuesday 1st November 2022 Lords Chamber

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

My Lords, the duty of any Government is to protect the safety and interests of the law-abiding majority. This means working to prevent and reduce crime, giving the police the tools they need and ensuring that those who break the law face proportionate consequences of their actions. Fighting crime and keeping communities safe is at the forefront of the Government’s agenda. That is why we have invested £17 billion in policing. It is why we are running a police uplift programme that is well on the way to recruiting 20,000 additional officers, and why we introduced the Police, Crime, Sentencing and Courts Act, which received Royal Assent in April.

While that Act has given the police some of the tools they need better to manage disruptive protests, we were frustrated in our attempts to implement the full suite of measures needed to ensure that the public can go about their daily lives free from serious disruption or harm. The Public Order Bill therefore builds on the Police, Crime, Sentencing and Courts Act to bolster our ability to crack down on disruptive and dangerous tactics of the kind we are seeing deployed all too frequently.

Specifically, the Bill targets acts by a minority of people that cause serious disruption to the hard-working majority, such as those we have seen in recent months that have brought roads to a standstill, blocked emergency services and forced thousands of police officers away from the critical work of protecting their communities. In October alone, the Metropolitan Police made more than 650 arrests in relation to Just Stop Oil activity in London.

When speaking about some of this disruption, Metropolitan Police Commissioner Sir Mark Rowley noted that his force’s response over 11 days of protests had been the equivalent of more than 2,150 officer days. That, I am sure noble Lords agree, is a striking number. It encapsulates why it is so crucial that we act. The police perform a unique role in our society; theirs is undoubtedly a job with many different strands. These include public order, but it cannot be right that so much of their time and resources are taken up by tiresome and disruptive stunts that, far from advancing the protesters’ cause, serve only to infuriate everyone else.

Peaceful protest is a fundamental part of our democracy. We will never agree on everything, which is why vigorous but sensible debate is something we hold so dear. What we cannot and should not accept is a situation in which the lives and livelihoods of decent, law-abiding citizens are impeded by the actions of a selfish and reckless few. The public are fed up with what they see happening day after day, and who can blame them? It is now up to us, as parliamentarians, to act in their best interests and get this crucial Bill on the statute book.

I will now speak to the measures set out in the Bill. First, the Bill introduces a new criminal offence of locking on, accompanied by a further criminal offence of going equipped to lock on, criminalising the tactic of intentionally causing disruption by locking on to busy roads, buildings or scaffolding. Locking on is as risky as it is disruptive, endangering not only the protesters but the police removal teams. I was therefore pleased to hear the leader of the Opposition confirm last week that his party would press ahead with tougher prison sentences for protesters who glue themselves to roads.

Secondly, the Bill introduces a new criminal offence of tunnelling, being present in a tunnel and going equipped to tunnel, making it clear that the protest tactic of building and occupying tunnels in order to disrupt legitimate activity will not be tolerated. HS2 has been targeted on multiple occasions with tunnels that have caused enormous cost to the project, with three removal operations alone costing in excess of £10 million. But it is not just about the costs. Tunnelling is dangerous and reckless, endangering not just those who occupy the tunnels but the responding emergency workers. We cannot wait to act until someone is seriously injured or worse.

Thirdly, the Bill establishes new offences for obstructing major transport works and interfering with key national infrastructure, reflecting the serious impact of such acts and our determination to tackle them. I have already touched on some of the disruption to projects such as HS2. HS2 estimates that sustained protester action has led to additional costs to the project of more than £146 million, an amount projected to rise to £200 million by the end of next year. The offence of obstruction of major transport works therefore ensures that all stages of construction and maintenance will be protected from disruptive action, while the key national infrastructure offence will ensure that our major transport networks, energy and fuel supplies are protected.

The new offences in the Bill are accompanied by an extension of stop and search powers for police to search for and seize articles connected to protest-related offences such as locking on and tunnelling.

[Lord Bellingham (Con)]

I absolutely agree with what the Minister says about the police being given these new powers, which are long overdue, but does he agree that once they have them, it is incredibly important that they use them? There have been examples of the police—not the Met but other forces—adopting a “softly, softly” approach that has encouraged the people who have been locking on and causing disruption.

[Lord Sharpe of Epsom (Con)]

I agree, of course, with my noble friend and I am sure we will come on to that subject in some detail later.

In its report on the policing of protests, His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services concluded that stop and search powers will improve the police’s ability to prevent serious disruption, and we agree. I want to be clear to noble Lords that existing safeguards around the use of stop and search powers, including statutory codes of practice, use of body-worn video to increase accountability and extensive data collection will continue to apply.

Next, the Bill lowers the rank of officer to whom the commissioners of the City of London and Metropolitan police forces can delegate powers to prohibit or set conditions on protests. The rank is being lowered from assistant commissioner to commander. This retains senior level involvement but will allow the most senior officers more time to focus on the challenges that the Metropolitan Police Service faces. It will bring London forces into line with forces across England, Wales and Scotland, whose chief officers can already delegate their powers to the commander-equivalent rank of assistant chief constable. The Bill also extends to the British Transport Police and Ministry of Defence Police existing powers to manage public assemblies in Part II of the Public Order Act 1986.

The Bill contains two other measures, as well as an addition from the other place. First, it establishes a new preventive court order, the serious disruption prevention order, which may be sought either on conviction or following an application by a chief police officer. This is targeted at protesters who are determined to repeatedly inflict disruption. The courts will be able to place conditions on individuals to prevent them engaging in criminal acts of protest and causing serious disruption time and time again. These conditions could include curfews or electronic monitoring but, most importantly, they will be for the courts to decide, not the Government. The threshold for the imposition of these orders is appropriately high and I trust our police and courts to impose them only where necessary.

The second measure provides a Secretary of State with a specific mechanism to apply for an injunction in relation to protest activity that causes, or threatens to cause, serious disruption to key national infrastructure, or to access to essential goods or services. An injunction could also be sought where the protest activity has, or is likely to have, a serious adverse impact on public safety. This does not affect the right of local authorities or private landowners to apply for an injunction but gives a Secretary of State an additional route to act in the public interest where the potential impact is serious and widespread. For example, a Secretary of State could have applied for an injunction on behalf of the various local authorities affected by the recent Just Stop Oil protests that obstructed roads across London.

Finally, on a free vote with cross-party support, an amendment was inserted into the Bill by the other place on Tuesday 18 October. Clause 9 establishes buffer zones around abortion clinics where interference with people accessing or providing abortion services would be an offence. The Government will consider how to implement and deliver this amendment. Noble Lords may have seen a Written Ministerial Statement which I issued last week, in which I indicated that I was presently unable—before introduction—to sign a statement of compatibility with the European Convention on Human Rights. I would particularly welcome your Lordships’ engagement on this clause.

I conclude my opening remarks by saying that there are inevitably differences of opinion, which we will come to consider throughout the course of this debate. But I hope all noble Lords recognise that blocking ambulances, preventing cars carrying sick children from passing, or damaging artworks is completely unacceptable, whatever the cause. That sort of behaviour is not only breathtakingly selfish; it pulls the police away from the people and places that need them the most. This cannot continue. I beg to move.

Extradition Act 2003

Lord Bellingham Excerpts

Wednesday 29th June 2022 Lords Chamber

[Lord Bellingham (Con)]

My Lords, further to the Question asked by my noble friend Lord Moylan, can the Minister come back again to the point about the need for total equivalence and reciprocity with all countries? Can the Minister also tell the House whether there will be a further parliamentary review of the Extradition Act and the extradition treaty with the US?

[Baroness Williams of Trafford (Con)]

My noble friend will know that we regularly review legislation and, as I have just said to the noble Lord, Lord Paddick, there were reviews in both 2011 and 2015 into our arrangements. I say to him and the House that a prima facie requirement has not existed for over 30 years for any other Part 1 countries—namely, the EU member states—or the Part 2 European Convention on Extradition countries. For the Five Eyes countries in Part 2, it has not existed for nearly 20 years.

Operation Warm Welcome

Lord Bellingham Excerpts

Thursday 25th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I hope I can satisfy the noble Baroness in naming that Minister. It is my honourable friend Victoria Atkins, who is based in MoJ, DLUHC and the Home Office, and is responsible for the Afghan resettlement scheme.

[Lord Bellingham (Con)]

My Lords, early reports seem to indicate that at least some of the victims of yesterday’s appalling tragedy were from Afghanistan. The whole country was absolutely appalled and horrified at this disaster. Does my noble friend agree that the only way to prevent a repeat is to make sure that the UK bears down on those Mafia-style people-smuggling gangs, and to work with France to prevent further refugees leaving its shores?

[Baroness Williams of Trafford (Con)]

Yesterday’s tragedy brought into sharp focus the human cost of criminals, caring nothing for human life, recklessly bringing people across the channel—and in what did not even look like boats yesterday. I totally agree with my noble friend.

Policing: European Championship Final

Lord Bellingham Excerpts

Thursday 15th July 2021 Lords Chamber

[Baroness Williams of Trafford (Con) [V]]

I understood the noble Baroness to say that stewards were not paid, and then that they were paid the minimum wage. However, no matter what, yes, they should be trained; yes, they are brave and we are grateful to them; and, yes, there are lessons to be learned from that event.

[Lord Bellingham (Con)]

My Lords, however one looks at this sorry state of affairs, there is no doubt about the fact that the stewards at the ground and the police in and around it behaved with great professionalism to protect the safety of fans. However, there were obviously grave failings that go to the top of the Met, and surely someone, including the Commissioner, must take responsibility for these failings, apologise and explain how this will be improved in the future.

[Baroness Williams of Trafford (Con) [V]]

My Lords, as I said, there are certainly lessons to be learned, but I for one am incredibly grateful to the police for the role that they played. Some 19 of them were injured, and of course there are lessons to be learned from that day. However, there was a surge event and on the whole the police did incredibly well to manage it.