King’s Speech

Lord Bourne of Aberystwyth Excerpts

Wednesday 8th November 2023 Lords Chamber

[Lord Bourne of Aberystwyth (Con)]

My Lords, it came as a great shock to hear of the death of the noble and learned Lord, Lord Judge. He was a friend and a great parliamentarian. We shared a love of Leicester City Football Club and often spoke about it at length. I pass my condolences to his family and friends.

It is a great pleasure to follow the noble Baroness. We were founder Members of the Welsh Assembly and I recall many debates with her there on some of the areas that she covered. We have also been treated to three maiden speeches of great quality and depth today.

Before I say something on what the gracious Speech set out, I touch on one area on which it did not set out anything substantive: positive action on rough sleeping—the Minister will recall me raising this previously. He knows that, during the pandemic, rough sleeping was eliminated. This is to the credit of the Government; it was admittedly in special circumstances, but I wonder why we are not able to do that now. We should be giving attention to this, rather than stigmatising the victims of rough sleeping, who do not deserve it.

I turn to law and order, which is one of the significant elements of the gracious Speech. I agree with the sentiment that serious crimes deserve serious sentences. We all do: that is clearly right and I have no difficulty with it. To be fair, the gracious Speech sets out the importance of community service for less serious crimes to ensure that perpetrators do not become enlisted in a sort of a university of crime; that the costs are not added to, because it is expensive to keep people in prison; and that there is not a breakdown of family life. We need to focus on what we are doing to ensure that there are resources for the Probation Service to ensure that that happens.

In the same area, I note what has been said about prison building. I know that we have a programme for that, which is necessary and right, but what has still not been set out—I pressed the Minister on this previously, when we had a Statement—is the timescale for this, which has slipped. I would like to hear more about when these extra places will be available and the substitution of places, because the estate is old and needs replacing.

We are also promised a criminal justice Bill, and many of the facets of that are to be welcomed. Reporting the concerns of those working with children of suspected child sexual abuse seems extremely sensible, as are the provisions against violence against women and girls. As we have heard recently in relation to the Letby case, it is worth investigating how we deal with non-attendance for sentencing of perpetrators of crimes. Whether this is dealt with as forced attendance, which I accept is difficult, or in terms of sentencing, it deserves attention.

I also welcome the Bill on terrorism and the protection of premises, in the wake of the dreadful Manchester Arena disaster, which noble Lords will want to support. There are issues about its funding, and we also need to ensure a lighter touch for premises such as village halls, community halls and so on, which perhaps do not face the same threat. It is nevertheless something to be welcomed, and I would like to hear more about the resources that will be made available for it.

I note the Prime Minister’s commitment to raise illegal migration in every international arena that he can. He has shown a willingness to do that at the G7 and the Council of Europe, but will this also extend to the United Nations? That is where true international attention to this problem can be forthcoming. We need to recognise the truly international dimension to this, as the problem will get only more serious with climate change, food insecurity and the sorts of conflicts that we are seeing at the moment. An international approach is needed.

May I also mention the Windrush generation? This does not need fresh legislation, but the compensation and other commitments need a bit of heft. This is becoming urgent and time sensitive.

I turn to devolution and some of the matters raised. It is absolutely right that reform of the Barnett formula is needed, as was raised by the noble Lord in relation to Northern Ireland. Wales, too, suffers from under- funding, although I think Scotland suffers from over- funding. That needs to be addressed. The formula was first introduced many moons ago in the name of Lord Barnett. Also, as I have raised before, we need a body that encompasses all the devolved Administrations and the Westminster Parliament to ensure that we share best practice and that the rough edges are smoothed out. I agree with my noble friend Lord Norton on the need for implementation of the Dunlop review and somebody taking specific responsibility for the union in the Cabinet. I look forward to hearing who that will be.

Lastly, there is the nature of the Home Office, which has been raised previously by the noble Lord, Lord Reid, who is not in his place at the moment. It is far too large, even now that prisons and probation have been taken out. It needs splitting up, so that we have a separate department of immigration. The Home Office deals with so many different issues at the moment, and it would be wise if we could do something on that front.

Prison Capacity

Lord Bourne of Aberystwyth Excerpts

Tuesday 17th October 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, it is undoubtedly the case that there are many offenders in the criminal justice system who have severe mental health problems. I very much welcome the noble Lord’s reference to the national programme in relation to mental health treatments and I fully agree that this is a matter to which we need to pay the closest attention. I will certainly discuss with colleagues in the DHSC how we increase capacity to give judges the necessary confidence.

[Lord Bourne of Aberystwyth (Con)]

My Lords, my noble and learned friend is to be congratulated on a very wide-ranging Statement. I have two very short questions to put, if I may. One relates to the prison building programme. My noble and learned friend referred to 20,000 additional places. Has there been any slippage on provision of those places, perhaps partly as a result of the Covid pandemic? I would be very grateful if he could provide some detail of when those places will come on board.

Secondly, my noble and learned friend quite rightly stressed the importance of strict sentencing with regard to crimes of violence and where there is a danger to the public. In relation to rehabilitation, which he also rightly emphasised as being important, provision by the courts of community service orders—which are the main vehicle for delivering that—has slipped by more than half in the last 15 years. What are the Government doing to make sure that that level of use increases over the coming months and years?

[Lord Bellamy (Con)]

My Lords, there has been some slippage in the prison building programme, mainly as a result of difficulties with planning. As the Lord Chancellor indicated in the Statement, there is a renewed push to find new sites and reinvigorate that programme. I am afraid that I cannot give the noble Lord any specific dates but, as the Statement indicates, it is very much part of the general package. As far as rehabilitation and the decline in community service orders over the last 10 or 15 years are concerned, that may well be connected to the problems that we have had in the Probation Service. I would not presume to say either way but, as I ventured to suggest a moment ago, we are doing our best to restore the Probation Service to its detailed place within the system. A renewed Probation Service will be an integral part of the new programme; the service is currently reconsidering its orientation and the deployment of its resources to support the Statement that the Government have just made.

Whiplash Injury Regulations 2021

Lord Bourne of Aberystwyth Excerpts

Monday 26th April 2021 Grand Committee

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, I declare my interests as set out in the register. It is a great pleasure to follow the noble and learned Lord, Lord Etherton, and I thank my noble friend Lord Wolfson of Tredegar for setting out the purpose of these regulations so clearly. Indeed, the Minister wrote to noble Lords in February of this year setting out the plans for whiplash reform. I strongly welcome the reform and these regulations.

I recognise, of course, that there are genuine whiplash claims, but it is known that there are many “creative” claims. The regulations will help deter them and, it is estimated, will result in savings of approximately £1.2 billion, and of £35 on average on motor insurance premiums, which insurers will pass on.

The provision of a tariff for damages payable for pain and suffering and loss of amenity is welcome. It is obviously central to require a minimum of medical evidence and a ban on settlement without medical evidence, and this is indeed provided for in the regulations. It also seems sensible to provide for a discretionary uplift of up to 20% for appropriate exceptional circumstances. The small claims track limit being raised from £1,000 to £5,000 is also very sensible.

The Association of British Insurers has mentioned that the reforms are very welcome, but it cautions that the potential for claimants to focus increasingly on additional minor injuries, as my noble friend Lord Hunt pointed out, may result in higher awards than the tariffs for whiplash. I hope that my noble friend will be able to say something about keeping ahead of the fray on these developments, which could dilute the beneficial effects of these very welcome reforms.

Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021

Lord Bourne of Aberystwyth Excerpts

Monday 19th April 2021 Grand Committee

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, I declare my interests as set out in the register. It is a great pleasure to follow the noble Lord, Lord Bilimoria. I thank my noble friend the Minister for setting out the regulations with his customary lucidity and precision. Of course, we have been here before, so it could be argued that he has had plenty of practice.

I certainly support the regulations. Clearly, we should extend help to tenants who would otherwise face eviction as a result of coronavirus. What we must now provide as we emerge from the shadow of Covid is long-term help for both tenants and landlords. Tenants still owe rent. Landlords are still owed rent. The whole system is in danger as the creditworthiness of hundreds of thousands of tenants is undermined by the current situation. There is a very real danger of masses of tenants facing eviction, even if it is six months away, as the system of respite from evictions comes to an end.

As the noble Lord, Lord Shipley, noted, a scheme is already in place in both Wales and Scotland. May I press my noble friend the Minister to ensure that a specifically tailored financial package is put in place for tenants? The alternative will be landlords seeking judgments against tenants who are in debt. It would not be correct to assume that the bulk of landlords are vastly wealthy. This needs urgent action from the Minister and the Government, as I have mentioned before. I am still not convinced that we have in place a plan—one is sorely needed—to ensure that, as I say, we do not face a serious problem with the eviction of private tenants as we emerge from the shadow of Covid.

[The Deputy Chairman of Committees (Baroness Healy of Primrose Hill) (Lab)]

The noble Baroness, Lady Andrews, has withdrawn so I call the noble Baroness, Lady Ritchie of Downpatrick.

Prisons (Substance Testing) Bill

Lord Bourne of Aberystwyth Excerpts

2nd reading
Friday 16th April 2021 Lords Chamber

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, it is a great pleasure to follow the noble Lord, Lord Ramsbotham, who certainly knows a great deal about this area. I thank my noble friend Lady Pidding for introducing this legislation into our House and Richard Holden for the work that he has done in the House of Commons.

I hope that the House will indulge me if I say a few words about my right honourable and much-missed friend Dame Cheryl Gillan. Cheryl was a good friend as well as a close colleague, particularly when she was shadow Secretary of State for Wales and later Secretary of State and I was leader of the Welsh Conservatives in what is now the Welsh Parliament. We often agreed; we usually agreed, but I can remember on one occasion having a furious row with Cheryl over some footling issue—I cannot even remember what it was now—and I had been dreading meeting up for the supper that the two of us were due to have that evening. I need not have worried. I walked into the restaurant and Cheryl came over to me and gave me a big hug—in the days when we could still hug—and said to me, “I think you’re wrong, but we’ll do it your way. Now, let’s have the evening and not discuss politics.” It was typical of Cheryl. She was always fun to work with, a real people person, dedicated, hard-working and disarming. I miss her a lot. This Bill, I hope, will be a fitting tribute to Cheryl Gillan’s work and character.

It is clear that drug testing in prison has been a challenging issue because the chemical composition of psychoactive substances is subject to such rapid change. This has meant that new psychoactive substances are often created with minor alterations to the chemical make-up of the previous substance, but, with each alteration of the substance, there has to be an amendment to the law to provide for it. This is time-consuming and causes delay. A further issue is that not all prescription and pharmacy medicines are included in the list of drugs that a prison can test for. Furthermore, there is currently no legislative basis for prevalence testing, an anonymised process to help identify any new substances being found routinely. The Bill, very sensibly, therefore corrects all those problems with the existing law.

The Prison and Probation Service has indicated and provided evidence to show that psychoactive substances in prison have become a significant problem. This measure is much needed. I am proud to lend strong support to it, and pleased that it seems to be reflected across the House, and I very much hope that this will become law before prorogation. Once more, I congratulate the noble Baroness, Lady Pidding, for championing this measure in your Lordships’ House, and I strongly support it.

Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021

Lord Bourne of Aberystwyth Excerpts

Thursday 18th March 2021 Lords Chamber

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, it is a great pleasure to follow the noble Lord, Lord Shipley, who always has something of value to say—indeed, I agree with much of what he said today. I thank my noble friend Lord Wolfson of Tredegar for setting out these regulations. I declare my interests as set out in the register. Like other noble Lords, I look forward very much to the maiden speech of the noble and learned Lord, Lord Etherton, a fellow member of Gray’s Inn.

These regulations are familiar; they repeat earlier, similar restrictions. I predicted last time that we would be here again—no great insight, I admit. It is clear that we will be here again. I asked last time why we could not look at this on a longer timeframe; the problem will not disappear. Of course, I do not oppose the regulations, but the Explanatory Memorandum states, somewhat misleadingly:

“This is a temporary measure lasting less than 12 months”.


Well, yes and no, Minister. It keeps being renewed in very similar terms and, as I say, I am sure we will be here again. When will the Government look at a medium to long-term solution for tenants who cannot pay and landlords who are not being paid? We are kicking the can down the road; the debt remains. These regulations do not stop the debt accruing. The tenant still owes the money; the landlord has still not been paid. The tenant is developing a poor credit rating and their ability to re-enter the housing market will be shot. As I say, I do not oppose the regulations, but they do not provide a long-term solution. The Government need to consider something along the lines of tenant hardship loans or grants. Sooner or later, this problem will need dealing with. I suggest that it should be sooner.

Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021

Lord Bourne of Aberystwyth Excerpts

Tuesday 2nd February 2021 Lords Chamber

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Grender, for whom I have the greatest respect and who knows a great deal, about this area. I welcome my noble friend to the Front Bench and thank him very much for setting out these regulations. I declare my interests as set out in the register, and I thank the National Residential Landlords Association and Generation Rent for their helpful briefings.

I am in support of these regulations, but I have some concerns. I see the need to protect public health and the risk of virus transmission—I am sure that we all do. We go through this bimonthly ritual of renewing these regulations, and I have to say to my noble friend, who seemed to indicate that there was as yet no certainty about renewing them, that we are only three weeks away from them running out. It seems to me that we should provide some certainty for both landlords and tenants.

I hope that we will renew the regulations, but that we will take a more strategic look at how we approach this situation. Here we are, many renewals in, with a very fundamental problem: the gradual accumulation of rent arrears, which is now substantial. That affects tenants and, of course, landlords, because we are not doing anything about the debt which is building up over time. There is a very real concern about credit ratings for tenants who find themselves, through no fault of their own, in this situation. Their credit rating is affected, and that will have a long-term effect on the tenancy market, which is a very important part of our housing area. We will need to take a much more strategic approach, rather than looking simply at the very important protection of tenants from eviction—that is, as it were, a given. I have great sympathy with looking at this on a wider scale rather than every two months, because I do not see this problem going away by 21 February. Surely we should take a longer look at this.

Could my noble friend give some thought, and perhaps some preliminary thoughts to the House, on how we might move forward, at least with hardship loans or funds to help tenants, and thus landlords and the sector? Otherwise, this will be a long-term problem that is building up over time. I sympathise with the situation that my noble friend finds himself in, and I can appreciate the great pressure that the Government are under on so many fronts. However, I think we need to take a step back and look at this not just in tactical terms of what we need to do for the immediate problem but at the situation that is building up.

I know my noble friend said something on this in opening, but I am not quite clear why we have moved from nine months’ arrears to six months’ arrears. What is the reason for that? The problem is more serious now, so I cannot quite square that with the fact that we seem to be bearing down with six months of debt accrued rather than nine months. However, it may be that I missed something there.

As my noble friend said, we have provided unprecedented help, but on the other hand, we are in a unprecedented situation, and it looks to me as if it will last for some time. Even as we come out of the public health hazards, as I am sure we will this year, the long-term economic position will have an effect on tenancies. I look forward to my noble friend saying something on that but, in the meantime, I support the necessity of these regulations.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

We have had two speakers scratch, so I hope it does not come as a surprise that the next speaker is the noble Baroness, Lady Bennett of Manor Castle.