Terminally Ill Adults (End of Life) Bill

Lord Birt Excerpts

2nd reading
Friday 12th September 2025 Lords Chamber

[Lord Birt (CB)]

My Lords, I strongly support this Bill. Overall, it is well considered. Importantly, it benefits from the experiences of many other countries that started this journey well before us. In no sense would we be pioneers.

The carefully designed process that the Bill sets out should address the possible risks—for instance, severe coercion—that have, reasonably, been identified. We know from surveys that there is overwhelming public support for assisted dying. All of us have received heart-rending letters pleading for the passage of this Bill from individuals who have had the harrowing experience of witnessing loved ones slowly dying in extreme pain or in utterly debilitating circumstances. This Bill confers the right for such an individual facing imminent death not just to avoid intense anguish and pain—as well as the prospect of their condition progressing intolerably—but to die at a moment of their choosing, in the circumstances of their choosing, and with dignity. I want that right, and anyone who wants it should have it, too.

No doubt the Bill can be improved further. The Delegated Powers Committee makes many persuasive points which we should take on board. However, the Explanatory Notes remind us of decades of attempts to introduce assisted dying legislation that have simply failed. It is highly unlikely that any Government in the foreseeable future will seize the baton. We must therefore make this Bill work, then pass it.

I have only one personal reservation, which I share with others, including the noble Lord, Lord Forsyth. Although I entirely see the value of a process setting out two independent medical assessments, two periods of reflection and an independent review panel, in a world of constrained resources where it is hard these days even to see your GP, there may be the risk of unwelcome slippage and a prolonged delay—perhaps in August or over the Christmas period—that intensifies suffering. Should we build into this process, on the one hand, greater certainty on the total time normally taken; or, on the other, some flexibility on telescoping time when circumstances demand it, particularly for those who may enter the process at a later stage?

Finally, I strongly advise anyone who is uncertain and harbouring doubts about the Bill to watch the one-hour discussion, hosted by the Healthcare Professionals for Assisted Dying, with four Australian practitioners working in this field. Without exception, they come across as people of enormous integrity and humanity, caring, truly dedicated to their work, and entirely convincing about the necessity and effectiveness of a carefully considered assisted dying process. It is well worth watching. I have no doubt whatever that our medical professionals who volunteer—and you have to volunteer—for a role in the assisted dying process will equally rise to the challenge.

Let us further improve, but then pass, this critically important Bill.

Operation Conifer

Lord Birt Excerpts

Tuesday 8th October 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

I hope that I do not ruin the noble Lord’s reputation when I say that I agree with him, in the sense that it is appropriate, potentially, for the chief constable of Wiltshire Police to examine the issues in the first instance. I am not aware of what happened in the previous Administration, because I am not party to that, but, equally, it could be a course of action for the noble Lord, Lord Lexden, to take forward to write to the new chief constable and ask her for her opinion on the issues that have driven the Question today.

[Lord Birt (CB)]

My Lords, I greatly welcome the Minister’s response and his declaration of an open mind. When I was a working television producer, I spent a very great deal of time—many days—in the company of Edward Heath and all those around him. As far as I am aware, no one who ever worked with him believes that he was a paedophile. We have a poor record in this country of speedily resolving perceived injustice, so I strongly encourage the Minister to adopt the suggestion of the noble Lord, Lord Lexden.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord, Lord Birt, for his comments. I must again say to the House that no inference of guilt should be drawn from the fact that Sir Edward Heath would have been interviewed under caution had he been alive. It is unfortunate that Operation Conifer ended without resolution. I personally feel, although I will reflect on the issues raised today, that the first port of call should be going back to the chief constable of Wiltshire for an investigation into the concerns that have been raised. I hope that that will potentially be undertaken by the noble Lord. I will certainly follow up on the Opposition Front Bench’s suggestion as to what happened to any previous letter.

Rural Crime: NFU Mutual Report

Lord Birt Excerpts

Thursday 12th September 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

I am grateful to the noble and learned gentleman. I have been tasked by both the Prime Minister and the Home Secretary to be the Minister responsible for fraud. This week, I met with officials and I will be meeting with stakeholders. We have a potential examination of a future fraud strategy based on the work of the previous Government. The points that the noble and learned Lord makes are a part of our reflection on that strategy. I will certainly go away and inform myself of what happened under the previous Government in relation to that delay, and how I can expedite this as a matter of some urgency.

[Lord Birt (CB)]

My Lords, I served with the noble Lord, Lord Faulkner, on the APPG on metal theft. From the evidence we gathered, it was clear that metal theft is widespread in rural areas. Whatever the picture was when the Minister was last involved in 2013, I think when he returns to the subject he will see that it remains pernicious, widespread and extensive. We are all clear what some of the targets are: church roofs, which have a deadly impact on the villages affected; and, relatively recently, the theft of literally kilometres of copper cable from both the telecoms and rail networks. As the noble Lord, Lord Faulkner, said, these crimes are committed by organised criminal gangs and, from the evidence we took, frankly there is no cause to think that the police are operating effectively to counter these organised criminal groups.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord. The metal theft issue is extremely serious. It is something that the previous Government, with Opposition support, tried to address and reduced by some 50%— but 50% is still there and we need to look at how we can take action on that. He is absolutely right that organised criminal gangs are very often behind this. There has been action from the National Rural Crime Unit and police forces to try to make arrests from those organised criminal gangs. Again, we need to have intelligence-led policing, co-ordination of PCCs feeding in intelligence and a national crime strategy that looks at how we can tackle that still further. That will be on the agenda of the Home Office and I hope that, when I am held to account by the noble Lord in due course, I will have made progress on reducing the 50% still further.

Rural Crime

Lord Birt Excerpts

Thursday 9th May 2024 Lords Chamber

[Lord Birt (CB)]

My Lords, I am a member of the APPG on metal theft and we have identified and reported on the enormous and growing scale of metal theft in rural areas, which of course has a massive impact on rural communities. Church roofs are stolen; a kilometre or more of copper cable is extracted from the local comms system, taking out telephone networks; and so on. Such crime is overwhelmingly committed, we heard in evidence, by organised criminal gangs. They are rarely caught and rarely held to account. Does the Minister think the police have the right strategies and tactics for handling organised crime in rural areas?

[Lord Sharpe of Epsom (Con)]

Again, the noble Lord makes some very good points. As he will be aware, operational decisions are taken locally, so that is a matter for chief constables in conversation and association with their police and crime commissioners. But plenty of national resources are available, as I have already highlighted.

Operation Conifer

Lord Birt Excerpts

Monday 11th March 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The noble Lord obviously makes a good point, and I have just committed that we will certainly look into this. But, as he will be aware, there were a number of forms of scrutiny during the investigation. There was an independent scrutiny panel to ensure proportionality. There were two reviews by Operation Hydrant, in September 2016 and May 2017, which concluded that the investigation was proportionate, legitimate and in accordance with national guidance. There was a review in January 2017 by HMICFRS, as it was then, into whether the resources assigned to the investigation by the Home Office were being deployed in accordance with value for money principles. In November 2017, the PCC referred two matters concerning the then chief constable to the IOPC. This has been extensively looked at by external and independent bodies already, but we will, as I say, look into the possibility or viability of other reviews.

[Lord Birt (CB)]

My Lords, for decades, Edward Heath was guarded day and night by police and supported by domestic staff. As a young television producer, I met him many times. Indeed, I made a one-hour documentary about him while he was Prime Minister, spending a lot of time in his presence and talking widely, during the course of the making of this, to many people who knew him well. I find it hard to believe—indeed, I think it is impossible—that Edward Heath was a practising paedophile, and it is deeply unjust that a shadow of suspicion should be allowed to hang over him unresolved. We have a dreadful record in this country—a long list in recent times—of wrongs that have not been righted. Please can we put this wrong right?

[Lord Sharpe of Epsom (Con)]

My Lords, I reiterate that the investigation summary closure report stressed that no inference of guilt should be drawn from the conclusion that Sir Edward would have been interviewed in a very few cases. I shall not go further to comment on the operational nature of the original investigation.

Sir Edward Heath: Operation Conifer

Lord Birt Excerpts

Wednesday 17th January 2024 Lords Chamber

[Lord Birt (CB)]

My Lords, I too congratulate the noble Lord, Lord Lexden, on his tenacity. I would like to widen the context a little and reflect on what is really at stake here.

Edward Heath was a politician from another era. A scholarship boy, he was the son of a maid and a carpenter. In his 20s, he was precocious, and in the thick of it: in Germany, meeting senior Nazis, opposing appeasement; in Barcelona, opposing Franco. In World War II, he was an artillery officer, in the front line in Europe, awarded for his bravery. Post-war, in a rapidly developing political career, he is best described, I think, as a technocrat: unafraid of intervention, willing to freeze wages and prices to counter inflation, willing to embrace, along with the Labour Party, the then Keynesian consensus—all of which, I fear, came to a somewhat sticky end for both main parties in the 1970s. Many of us here lived through that, with sky-high inflation, a balance of payments crisis, miners’ strikes, a three-day week, and, later still, under Labour, a humiliating bailout by the IMF. As Prime Minister, Edward Heath also had to deal with the Yom Kippur War, the oil price doubling in a day, the Troubles, direct rule and Bloody Sunday, and the sacking of Enoch Powell after the “rivers of blood” speech. We can all agree that Edward Heath presided over important but difficult times.

As a young current affairs producer working in ITV, I encountered Edward Heath many times. Indeed, in my 20s, I made a one-hour documentary about him early in his term of office as Prime Minister, spending a lot of time in his company and interviewing him at length, sailing with him—I was allowed to, unlike the noble Lord, Lord Waldegrave—on “Morning Cloud”, spending a fair amount of time with his crew, and sitting alone with him on the Isle of Wight, watching the sun set. I have never encountered a politician—then or since—less concerned to charm or less able to engage in small talk.

Walking him on a fair number of occasions from a television reception area to a television studio for him to be interviewed by Peter Jay or Brian Walden was a most challenging experience. I quickly ran out of my questions and small talk. In his retirement, and when I was director-general of the BBC, I was invited with others to Sunday lunch at his Salisbury home. Despite our many previous encounters, he introduced me loudly to his other guests—and I quote—as “a Radio 1 DJ”. That is true, and there are witnesses. Throughout my long professional exposure to Edward Heath, I never doubted for one second his integrity, his complete dedication to the task in hand or his entirely selfless commitment to the good of this nation.

We now know how widespread and undetected paedophilia was in our society. We all agree that allegations must be investigated vigorously. However, we also know—many noble Lords have mentioned this—the hazards of false claimants coming forward. There was a case in the news today. Like others here, I knew Leon Brittan well. It was, as the noble Lord, Lord Cormack, said, an absolute tragedy that he died before the shadow of guilt could be lifted from him.

To put it politely, Wiltshire Police’s inquiry was inconclusive. I, together with everybody else, think that we should institute a more comprehensive, wide-ranging and nuanced inquiry; we know from the accounts that we have heard during the course of this excellent discussion that the police manifestly did not do this. We must look at the totality of his behaviours during his long life, for much of which he was under 24-hour scrutiny—whether by the police, civil servants, house- keepers or whoever else—as the noble Lords, Lord Deben and Lord Waldegrave, illuminated for us so convincingly. Many who safeguarded him will not be alive but some are; those who are not will have shared their experience of him with others who are alive. I knew, and have talked to, many people who worked closely with Edward Heath. Although there was speculation about his sexuality, no one ever suggested to me that, whatever his sexuality was, they had ever seen any expression of it whatever.

The Wiltshire Police report cannot be the last word on this important figure in our nation’s history. In justice, Edward Heath is owed, history is owed and we are all owed a much more rounded appraisal of this important man in our national story.

Scammers

Lord Birt Excerpts

Tuesday 15th November 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The National Cyber Security Centre launched its suspicious email reporting service to remove harmful scams online, and it is seeing high levels of success. As of October 2022 it had taken down more than 105,000 scams across 192,000 URLs. Another thing that the Government have done is the National Economic Crime Centre’s department dedicated to ensuring consistency of messaging. I will make sure it is aware of my noble friend’s suggestion.

[Lord Birt (CB)]

My Lords, for many years I was chairman of PayPal Europe. Working with the global head of security, I tried extremely hard to engage the British Government on this issue. With the Cabinet Office, the Home Office and the law enforcement authorities, there was absolutely no traction whatever. No real interest was taken in it. Can the Government now reliably estimate the enormous scale of online fraud, then a contagion and now an epidemic? To what degree are the Government bearing down on the offenders, who operate globally as well as nationally? Can the Minister tell us how many scammers were successfully prosecuted for online fraud in the last year for which figures are available?

[Lord Sharpe of Epsom (Con)]

I am afraid I cannot. I will endeavour to find the appropriate statistic. There is a problem about the collection of statistics—the noble Lord, Lord Browne, referred to it earlier—which is to do with differences of collection across the four nations, I am afraid. However the noble Lord, Lord Birt, is quite right: it is obviously a serious proportion of crime. I reassure noble Lords once again that the Government are taking this very seriously. As I said earlier, on 2 November the Prime Minister led on this.

Police, Crime, Sentencing and Courts Bill

Lord Birt Excerpts

Committee stage
Wednesday 24th November 2021 Lords Chamber

[Lord Faulkner of Worcester (Lab)]

In view of the very positive nature of the Minister’s comments at our meeting a couple of weeks ago, I hope her noble friend can give some hope that the law will be changed in line with the terms of my amendment.

[Lord Birt (CB)]

My Lords, I shall speak briefly in support of the amendment tabled by the noble Lord, Lord Faulkner. He and I sit together on the APPG. This is a highly organised crime committed by gangs and it has a devastating impact not only on our national infrastructure but on many—primarily rural—communities. In the year to March 2020, 36,000 metal thefts were recorded by the police. Just last week the Countryside Alliance, as a result of FoI requests from police forces, identified that 1,500 lead and metal thefts since 2017 were from churches. Theft of lead from church roofs can have a devastating impact on local communities. I have had direct experience of that, which is why I joined the noble Lord’s group.

As the noble Lord said, adverts offering “cash for scrap” are now widespread. The 2013 Act made it illegal to pay cash for scrap metal but not to receive it. This amendment closes that glaring loophole. I very much hope that the Government will support it.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I apologise for taking the instruction to hurry up rather too literally.

Despite being an anti-racist and a football fan, I have serious free speech concerns about the amendment tabled by the noble Lord, Lord Balsam—

Metal Theft

Lord Birt Excerpts

Thursday 14th October 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

In terms of the monitoring by local councils of cash payments by scrap metal yards, the picture has improved. On prevention, that is precisely why we have seed-corn funded the NICRP—it is the agencies working together that will help drive down these types of crimes. On catalytic converters in particular, we are working closely with the police and motor manufacturers through the national vehicle crime working group, established by ACC Jenny Sims, the National Police Chiefs’ Council lead on vehicle crime. In addition, a comprehensive and co-ordinated programme of work to reduce catalytic converter theft is being undertaken by an expert subgroup.

[Lord Birt (CB)]

My Lords, metal theft is organised crime on a national scale. As the noble Baroness, Lady McIntosh, just reminded us, lead theft from village churches in particular can have a devastating impact on local communities. Yet the APPG which the noble Lord, Lord Faulkner, jointly chairs, and of which I am a member, has heard from police officers directing the national strategy that they struggle to access data from multiple forces, that they cannot segment categories of theft or identify trends and that they seriously lack intelligence about how metal theft is monetised—a very different picture from the one we just heard from the Minister. Will she undertake to convene a meeting of all interested parties and create a timetable and a set of deliverables for meaningful co-operation to counter this pernicious crime?

[Baroness Williams of Trafford (Con)]

I am very happy to convene a meeting, but I would say that the NICRP does share intelligence between forces and utility companies, which does help with crime prevention and investigation. It helps with information, good news and developing best practice. It manages a central industry and police intelligence database of metal theft, to track trends and to link crimes and intelligence on offenders. It also has a RAG rating database of scrap metal dealers—going back to the noble Lord’s point earlier—in order to focus enforcement on those known to be involved in crime.

Investigatory Powers Bill

Lord Birt Excerpts

Monday 27th June 2016 Lords Chamber

[Lord Birt (CB)]

My Lords, like the noble Baroness, Lady Harding, I shall focus on crime rather than security. I support the Bill because it will reduce the number of victims of crime. Evidence of location obtained from use of a mobile device can be vital in a rape case, in domestic violence, or where, say, an older man has absconded with a young girl. These are all real examples. The powers defined in the Bill are limited, targeted and proportionate, and the safeguards convincing. However, while welcoming the Bill, I wish only that it went further.

It is a commonplace now to assert that crime is reducing, but I strongly suspect that it is not. Rather, crime is migrating from the physical to the digital world where it mostly remains unrecorded and undetected. The internet offers enormous advantages to the organised, persistent offender. Would-be criminals can readily hide their identity. They can troll and threaten anonymously. They can cast a million flies on the water with a phishing email soliciting PIN codes and account details from the unsuspecting. Paedophiles can operate with impunity in the secure bastion of the dark web. Thousands of credit card details can be purchased in that evil digital marketplace, too, stolen in skilful raids which take advantage of weaknesses in the cyberdefences of major corporations. Anarchists can and do mount denial-of-service attacks on institutions, powered unknowingly by malware secreted onto the computers of thousands of innocent users.

Most attacks are hidden and unreported, but we all recall the attack on TalkTalk, about which the noble Baroness, Lady Harding, has spoken, and which reportedly cost the company £60 million. Last year, malware was lodged within the systems of the Bangladesh Bank, and its internal processes observed over time. Earlier this year, during a public holiday, instructions were given by fraudsters to transfer just under $1 billion out of the bank. This was thwarted because, as is so often the case—we see it in phishing emails which reach the House of Lords—the fraudsters misspelled a word in the order, and the fraud was spotted by Deutsche Bank, though not before $80 million was lost and remains unrecovered.

Until recently, I was chairman of PayPal Europe, where I witnessed at first hand the gigantic scale of online fraud. Much of it is cross-frontier; barely any is investigated by law enforcement agencies, and little is prosecuted. I read a wonderful book recently, by an American historian, about Tombstone, Arizona, in the 19th century, when the discovery of a silver lode created a town virtually overnight in a part of the frontier that had been lawless. The internet is still a wild, untamed frontier with a plenitude of outlaws; and a latter-day Wyatt Earp is yet to emerge to bring us law and order. We do not know the full cost to the UK economy, and others, of online fraud but, from my own experience, I suspect that it runs into tens of billions. During my 10 years at PayPal, I saw multiple attempts to persuade Governments to tackle fraud, and they came to naught. I note that the estimable Sir Nigel Sheinwald has recommended that the UK should lead the way in developing agreements to foster global co-operation in fighting cybercrime. I concur, but at the same time note the terrible irony of that statement as our country prepares to leave the best possible stage for mounting and winning that argument in exchange for a bit-part role.

Although the Bill is a welcome, if small, step towards taking law enforcement further into the digital universe, I urge the Minister to bring due focus and energy, and proportionate measures within government, to fighting the full and value-destructive extent of crime committed by digital means.