Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017

Debate between Lord Berkeley and Lord Clark of Windermere

Wednesday 10th January 2018 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I shall be brief. In preparation for the debate two years ago, I checked with officials and Ministers in the Department for Transport here, first, whether they approved of this proposal and, secondly, whether they had been consulted. The answer was no in both cases. They did not know that it was happening. They shrugged their shoulders and said, “Well, the Government have decided to do it”, and the Labour Party at that time went along with it. That is why we had a debate two years ago and it is why we divided the House at half past eleven at night. We nearly won but not quite. However, we were right, and nearly everybody who has spoken tonight has confirmed that.

I want to make two points. As one noble Lord said, the BTP is funded in England and Wales by the operators and Network Rail. As we all know, Network Rail is now owned by the Government. So who is funding the BTP in Scotland, and what about Virgin Trains, which goes up the east and west coasts? Does it fund the police until it gets to Gretna or Berwick, and who is funding it beyond there? This affects the franchises. There is a problem with the franchise on the east coast main line at the moment.

Finally, I turn to Article 6 of the draft order. As the noble and learned Lord, Lord Hope, said, it allows the British Transport Police to cross territories. The British Transport Police from England may be able to go north into Scotland, but the order does not say anything about the Scottish police being able to chase people south of the border. Does that mean that they will have to get off at a station at around that point? I do not think that there is a station at Gretna any longer, but does it mean that they will have to get off at a station somewhere around there? If the British Transport Police is mentioned in this order as being allowed to go north to arrest people or whatever, I need an answer from the Minister on what will happen with regard to police going in the other direction. How will the Scottish transport police, or whatever they are to be called, be able to operate south of the border without them being mentioned in a new Article 6(d) in the order as being allowed to work extraterritorially? This situation seems extraordinary, and I look forward to the Minister’s answer.

[Lord Clark of Windermere]

My Lords, this debate has inevitably centred on Scotland and the British Transport Police, but civilian police forces such as the British Transport Police—I emphasise “civilian” police forces—were created for a particular reason. There are at least two other such police forces. The Ministry of Defence Police—not the “Redcaps”—and the Civil Nuclear Constabulary were similarly created for a particular reason.

Having lived for most of my life in the borderlands in the north of England on the opposite side to Scotland, I am very aware of those three civilian police forces, and I am interested in the Government’s reaction. If they concede on the British Transport Police but do not follow the sensible suggestions of my noble friend Lord Foulkes, what will happen to the Civil Nuclear Constabulary? I declare an interest as a former director of Sellafield. I shall be a bit circumspect in what I say about the Civil Nuclear Constabulary, but we should bear in mind even now the transport of material from Dounreay and other sites in Scotland to Sellafield. All those trains are accompanied by armed members of the Civil Nuclear Constabulary, just as every defence establishment in Scotland is policed by the Ministry of Defence Police, a GB body. So, when we talk about this order, I am interested in what happens to the other comparable civilian police forces.