Illegal Migration Act: Northern Ireland

Debate between Lord Bellingham and Lord Sharpe of Epsom

Wednesday 15th May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

No, I do not believe they are. I do not think this has any impact on, for example, the safety of Rwanda or relocation to Rwanda under existing legislation. As noble Lords will be aware, migrants currently in Northern Ireland can be relocated under the NABA.

[Lord Bellingham (Con)]

My Lords, the Minister said that the Government were going to appeal the decision when it is finalised. How quickly could that be brought on and, if indeed the Government lost the appeal, could they then legislate?

[Lord Sharpe of Epsom (Con)]

My Lords, I do not understand or know anything about the workings of the court processes, so I am afraid I cannot answer that question.

Passport e-Gates Network Outage

Debate between Lord Bellingham and Lord Sharpe of Epsom

Monday 13th May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

Yes, I will also check on that.

I did not know about the Amadeus takeover of this particular Portuguese company, but I will make further inquiries and, if there is more to be said, I will write to the noble Lord.

[Lord Bellingham (Con)]

My Lords, will the Minister agree that one of the lessons from earlier outages was the need to be able bring in extra staff and surge staff if it ever happened again? Of course, it did happen again and the fact that the staff were able to get into place very quickly is to be commended and the staff involved need to be thanked and congratulated on their swift response.

The Minister in the other place said that he could not comment further on the root causes of the outage: however, the Minister here went into more detail on that. Is that the update the Minister in the other place promised last Wednesday and is there nothing more that can be mentioned about that and elaborated on? Also, when the EES comes in—which the noble Baroness dealt with at some length—can the Minister tell the House whether it will apply to flights from the UK to airports in the Republic of Ireland?

[Lord Sharpe of Epsom (Con)]

As I have already said, I do not know to what my right honourable friend in the other House was referring when he talked about updates, so I am afraid I do not know whether I have just given an update on his points. What I can say—and should have said in my opening remarks—is that the lessons learned exercise is still ongoing, so I cannot say that that is fully concluded yet because it is not. I am afraid I do not know the answer regarding the Republic of Ireland. From memory, I do not think the Republic of Ireland is a member of the Schengen agreement, so I am not actually sure how that affects it.

Jewish Community in London: Safety

Debate between Lord Bellingham and Lord Sharpe of Epsom

Thursday 25th April 2024 Lords Chamber

[Lord Bellingham]

To ask His Majesty’s Government what further measures they plan to take to enhance the safety of London’s Jewish community.

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

My Lords, the Government are steadfast in their commitment to protecting our Jewish communities, which is why we have committed further funding of £72 million for the Jewish community protective security grant to continue the vital work done in protecting Jewish communities until 2028. The JCPS grant is managed by the Community Security Trust, which I had the privilege of visiting a couple of weeks ago and which provides protective security measures at Jewish schools, colleges, nurseries and some other Jewish community sites, as well as a number of synagogues.

--- Later in debate ---

[Lord Bellingham (Con)]

My Lords, does the Minister agree that the police have a very challenging task to allow peaceful marches, to protect the rights of local people who are observing the march and to arrest those who are blatantly breaking the law—and that they normally they get this right? I ask the Minister to reflect on the Gideon Falter case and just to further reflect on whether, if the person in question had been a hijab-wearing Muslim woman observing a pro-Israeli march, or, for that matter, a Catholic priest, they would have been accused of provocation and threatened with arrest? I suggest that, if that had happened, there would have been massive outrage and the police officers in question would have been dismissed. So all we are really asking for is that everyone should be treated fairly and equally.

[Lord Sharpe of Epsom (Con)]

I agree with my noble friend that the police have a hugely difficult job, but obviously a police officer telling a person that being openly Jewish is provocative is clearly very wrong. I will not speculate as to what might have happened in the case of other individuals. We should welcome the Met Police’s apology. The Prime Minister recently made it clear to police forces that it is the public’s expectation that they will not merely manage protests but police them and, of course, do so proportionately. My right honourable friend the Home Secretary met with Sir Mark Rowley and the Assistant Commissioner Matt Twist earlier this week, and put it very well:

“Jewish people will always have the right to be able to go about their daily lives safely and freely, in London and across the UK”.


The Home Secretary continued:

“Sir Mark has reassured me he will make this clear to all sections of the community as a matter of urgency. The Met’s focus now is rightly on reassurance, learning from what happened, and ensuring that Jewish people are safe and feel safe in London”.


I think we should all support it in that critical endeavour.

Immigration Detention: Brook House Inquiry

Debate between Lord Bellingham and Lord Sharpe of Epsom

Thursday 11th January 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, a lot of the work had already been done, because there was a report commissioned in 2016 by Stephen Shaw, who was then the Prisons and Probation Ombudsman. The Government acted in response to that report, before the documentary that prompted the Brook House report. The Home Office has implemented steps across the removal estate to enhance assurance and oversight of service provision. We have strengthened our capacity to provide assurance and oversight of service provision both at the Gatwick IRC and in the wider removal estate. That includes action to refresh and reinforce whistleblowing arrangements, improve information flows and analysis of complaints, address incidents and use of force and enhance supplier and Home Office engagement with detained individuals.

[Lord Bellingham (Con)]

My Lords, I have studied the first part of the report and looked at the rest of it, and one recurring theme in that report is the gross incompetence of G4S. A number of proposals have been put forward for improvement under the new manager, Serco. Can the Minister say something about those improvements that will be made and whether he has confidence in Serco? Another recurring theme in the report is the level of drug abuse, which really seems to be quite appalling in an organisation and institution such as this. Can the Minister also say something about what will be done to solve that particular problem?

Coronation: Policing

Debate between Lord Bellingham and Lord Sharpe of Epsom

Thursday 11th May 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I cannot answer that, I am afraid. I do not know.

[Lord Bellingham (Con)]

My Lords, obviously the ability to protest is one we take incredibly seriously in a constitutional democracy. Weighed against that are the rights of the hundreds of thousands of people who turned up, queued patiently and filed behind barriers. Many actually camped out. They have rights as well. Would the Minister reflect on this very simple point? Had there been a major incident of any kind during this remarkable day of the Coronation, the police would have attracted a huge amount of castigation from many people—the same people who are criticising them for what they did with the arrests.

[Lord Sharpe of Epsom (Con)]

I entirely agree with my noble friend.

Police Uplift Programme

Debate between Lord Bellingham and Lord Sharpe of Epsom

Tuesday 2nd May 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The right reverend Prelate has made some very good points. The public would expect charge, arrest and prevention rates to increase from the current levels. However, without work on reoffending and the criminal justice system in the round, as the right reverend Prelate suggests, I think that things will fail to improve as much as we would all like. I cannot give her any precise details but, when it comes to the drug strategy, work is being done between the Ministry of Justice, the criminal justice system more generally and the Home Office on reoffending and referring people to preventive programmes at an earlier stage. That should yield some results.

[Lord Bellingham (Con)]

Will the Minister join me in paying tribute to Paul Sanford, who was appointed Norfolk chief constable in 2021? He made it among his priorities to clamp down on the county lines and low-level antisocial behaviour, and he has succeeded in both areas. However, is the Minister aware that rural counties such as Norfolk, Suffolk and Lincolnshire are facing quite profound problems with the police funding formula? As a consequence, Paul Sanford’s predecessor had to scrap the police community support officer programme. What can the Minister say about those counties that have suffered relative to other counties in funding and their desire to reinstate that programme in future?

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for his question and I am happy to join him in congratulating the chief constable whom he has mentioned. As for the funding formula, I do not have the precise details in front of me. However, as I said in the Statement, the demand has changed over the past 10 years. If the funding has changed, that will be a reflection of the change in demand.

Hong Kong Military Veterans: Settlement

Debate between Lord Bellingham and Lord Sharpe of Epsom

Wednesday 29th March 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I thank the noble Lord very much for his warm words. I guarantee that we will commit to providing the clarity he seeks in due course.

[Lord Bellingham (Con)]

My Lords, is it also fitting, 41 years on, that we honour those 50 or so Hong Kong veterans who fought in the Falklands War?

[Lord Sharpe of Epsom (Con)]

My noble friend makes a very good point. Yes, absolutely.

Black and Minority-ethnic Children: Police Strip-searches

Debate between Lord Bellingham and Lord Sharpe of Epsom

Monday 27th March 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I have to correct the record, because I did not say that there “must” be a reason; I said that I assumed that there was a good reason. To be absolutely clear, that is very different. I agree with many of the conclusions that the Children’s Commissioner has come up with—they seem to make a great deal of sense to me—but I would prefer to wait for the context of the various reviews that are being undertaken at the moment before giving a further opinion on this matter.

[Lord Bellingham (Con)]

My Lords, will the Minister pay tribute to Dame Rachel de Souza, who is a superb commissioner and was also an iconic head and founder of the Inspiration Trust in Norfolk? She is saying that, while this type of strip-search should not be banned, it should be looked at very carefully. One of the things she said was that strip-search should never take place in schools but always in police stations.

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for that. I am extremely happy to pay tribute to Dame Rachel de Souza for her report, which strikes me as very comprehensive—although I confess to having read only part of it so far. I agree with some of her conclusions, as I have just said, and I think that the one about schools is an entirely appropriate conclusion to have reached. In my opinion, strip-searches should be conducted only in very safe and secure places.

Nitrous Oxide

Debate between Lord Bellingham and Lord Sharpe of Epsom

Wednesday 15th March 2023 Lords Chamber

[Lord Bellingham (Con)]

My Lords, further to the question from my noble friend Lady Berridge, I say that it is a question not just of the ready availability of these online vendors who are working very hard to sell nitrous oxide, but of campaigns by social media which are backing that up. Does the Minister agree that there is now an argument for moving control from the Psychotic Substances Act 2016 to the Misuse of Drugs Act?

[Lord Sharpe of Epsom (Con)]

My noble friend makes a very good point but the advisory council did not actually recommend that. It said that nitrous oxide should be kept subject to the provisions in the Psychoactive Substances Act 2016. However, as I said earlier, we are considering all the recommendations of the report, and the Home Secretary has a duty to consider advice on whether to pursue control under the Misuse of Drugs Act 1971.

Hillsborough Families Report: National Police Response

Debate between Lord Bellingham and Lord Sharpe of Epsom

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

Debate between Lord Bellingham and Lord Sharpe of Epsom

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.

Solihull Murders

Debate between Lord Bellingham and Lord Sharpe of Epsom

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

Debate between Lord Bellingham and Lord Sharpe of Epsom

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

Debate between Lord Bellingham and Lord Sharpe of Epsom

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.

Ukraine

Debate between Lord Bellingham and Lord Sharpe of Epsom

Wednesday 2nd March 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

At the moment it is at least 12 months but we will not be sending anybody back, obviously, if that time expires and it would be unsafe to do so. I imagine that will be under review.

[Lord Bellingham (Con)]

My Lords, does the Minister agree that sporting sanctions are a vital ingredient in the overall package? Bearing this in mind, does he share my concern and dismay about the decision of the Paralympic committee to allow Russian and Belarusian athletes to compete next week, albeit as individuals and not flying their flag?

[Lord Sharpe of Epsom (Con)]

I did not know it had done that. The actions of the sporting authorities around the world have been admirable thus far. I do not think it would be appropriate for me to comment on particular instances where that has not been the case.