(2 years, 10 months ago)
Lords ChamberMy Lords, that was a very interesting speech from the noble Baroness, Lady Murphy. I have spent a lifetime arguing on life issues: late abortion, embryo research, end-of-life issues generally and, now, there is this Bill. We learn from a lifetime of experience lessons that, in my own case, have been painful and life-changing. That is why I am now at home, a remote participant visiting Westminster only occasionally when the House is quiet.
Forty years of ill health have taught me painful lessons and influenced my judgment. Repeated hospitalisation in the 70s; ulcerative colitis leading to the surgical loss of my large bowel in the 80s; a lifetime of extraordinarily painful ankylosing spondylitis; repeated painful inflammatory attacks, leading to a tumour and the loss of half my lung in the 90s—all to be followed by swollen legs, peripheral neuropathy, kidney stones, hernia operations and, to cap it all, a lung clot that nearly finished me off in 2009. I have been through the mill and I still suffer. Forty years of escalating pain have left me physically diminished but in good spirits, and I have never complained.
So, why is this commentary on my medical history relevant? Not once, at any stage in all these years have I “wanted out”. Wanting out has never crossed my mind and, in the time I have left, I hope it never will. But who knows? I may want that right. Circumstances can change, and I completely understand the dilemma of those who want out with dignity, particularly in their last weeks and months. There are circumstances in which the pain could become unbearable. My concern is that, while I can trust those close to me in such circumstances to act in my best interests, a relaxation in the law could lead to the abuse of others whose families are not so well disposed. This is our dilemma.
There are two different discussions running here. Do we agree with assisted dying in some form, in principle? I do. If we do, can we erect safeguards that prevent exploitation and abuse? These are separate hurdles, separate arguments. If we cannot establish adequate safeguards in Committee, then I shall vote against; if we can, then I shall support the Bill.
(3 years, 2 months ago)
Lords ChamberMy Lords, my noble friend is quite right to mention the victims Bill, which is an important element in this debate. Of course, with her background, she is a strong advocate for victims in this area. She is absolutely right to focus on confidence. We want to make sure that victims have the confidence to go to the police, to stay engaged with the process and to give evidence. That is why all these issues, whether data from phones or Section 28, are all part of making sure that victims stay engaged with the process. On funding, as I mentioned there will be a consultation about statutory footing for ISVAs and I will refer her to that in due course.
My Lords, I make a plea. There are a number of 70-plus year-old men who, following controversial sex offence trials, languish in prison, ill and with disabilities. They are no risk to society and, during the pandemic, their CCRC case reviews are, legally, access and procedurally problematic. Why not let them home under monitored conditions and free space for people who are a real danger to society? John McGuinn of Darwen in Lancashire is one of them. He is a celebrated case and I appeal on his behalf and that of others.
My Lords, I am not sure it is right or proper for me to comment on individual cases from the Dispatch Box. There is a proper procedure for people who seek probation or to have sentences served outside a formal prison, and I think it would be unwise and probably improper of me to say any more on the subject than that.
(3 years, 5 months ago)
Lords ChamberMy Lords, there is indeed a difference between pre and post charge. The Government believe that, in principle and in general, there should be a right to anonymity pre charge in respect of all offences. But—it is an important but—there will be exceptional circumstances where there are legitimate policing reasons for naming a suspect, such as an imminent threat to life. The guidance in this regard is governed by the College of Policing’s authorised professional practice on media relations, which states:
“Police will not name those arrested, or suspected of a crime, save in exceptional circumstances … such as a threat to life, the prevention or detection of crime, or where police have made a public warning”.
After charge, as the noble Lord indicates, the position is different.
My Lords, should we not congratulate the Mail and in particular journalist Stephen Wright for his forensic work in unravelling the Beech affair and their exposure of deficiencies in the Rodhouse-led investigations? Why does not Mr Rodhouse, who prior to the abuse scandals had a reputation for competence and thorough investigations, interview and explain the background to his actions? We all make mistakes in life and sometimes admitting them can be both therapeutic and clear the air. At least the public would then understand what has happened.
My Lords, so far as the Mail’s investigations are concerned, I would make three points. First, the message must go out that if you deliberately lie about sexual abuse, you will go to prison for a long time—in this case, 18 years. Secondly, as the noble Lord said, people make mistakes. The MPS made mistakes, it has learned, it needed to learn, and it is continuing to learn. Thirdly, however, the message must go out: if you are a victim of child sex abuse, even if it is historic, come forward. We have successfully prosecuted and obtained over 5,000 convictions, and in every case we will seek to ensure that justice is done, whether that be a conviction or an acquittal.
(8 years, 5 months ago)
Lords Chamber
To ask Her Majesty’s Government whether they intend to review the law concerning those making false accusations in relation to sexual offences.
My Lords, there are no plans to review the law in this area. It is a very serious matter to make a false allegation relating to a sexual offence and there are strong sanctions against those who do.
My Lords, should we not now consider the reform of the law which allows someone like this man, Nick, who, hiding behind a wall of anonymity, makes allegations of a sexual nature against reputable public figures such as Lord Bramall, the late Lord Brittan and the late Mr Edward Heath, the former Prime Minister, and others, with not a shred of forensic or corroborative evidence whatever? It is simply unjust. Is it not now time that the whole issue of anonymity for the accused, and in particular the defence of the falsely accused, was put back on the national agenda and considered here in Parliament?
My Lords, I am sure that the noble Lord will accept that this is a very delicate issue. Parliament in 1976 decided that there should be anonymity both for complainant and for defendant. Parliament then abolished that in 1988. In 2010, the coalition Government considered the matter and decided, in balancing the various public interests, not to take further action. The noble Lord refers to a well-known case, and of course legitimate criticisms can be made about the handling of that matter, although we must allow the police some operational freedom. But I can say that Sir Richard Henriques, a retired High Court judge, is looking into the matter, an IPCC complaint has been made, and in due course the Government will respond to any recommendations or publications on that matter. But one must remember how difficult it is to make these allegations, and while I entirely accept what he says about those people in high places, of course no one is above the law.
(8 years, 9 months ago)
Lords ChamberJustice Scalia is an originalist on the American Supreme Court and has a particular view of America’s position. Our position is that all Ministers are obliged to abide by the law, including, in so far as it is ascertainable, international law in this country.
Why can the Government not transfer responsibility for carrying out investigations into the conduct of Ministers to the Parliamentary Commissioner for Standards in the House of Commons and the House of Lords Commissioner for Standards in the case of Lords Ministers? Surely that would restore some confidence in the system, which has been discredited by recent cases.
The Ministerial Code sets out clearly what the Prime Minister expects of his Ministers. If they depart from that code, it is evident that they have departed from it and there are modes of dealing with that. I take the noble Lord’s suggestion, but at the moment the situation seems to be satisfactorily dealt with.
(10 years, 6 months ago)
Lords ChamberThe noble Baroness is no doubt right, although I cannot confirm that there is nothing in that Bill that adds to the rights of potential commonholders. The position is that, although it has been available, it simply has not been taken up by professionals who might be considered to be aware of it—solicitors or surveyors. It has not been the subject of articles in journals. There simply does not seem to be genuine enthusiasm for it. That is regrettable, but it is a fact and the Government do not believe that people should be forced to go into these arrangements if they do not want to.
Having listened to the question of the noble Lord, Lord Best, will the Minister join me in suggesting to him that he applies to the Liaison Committee for an ad hoc committee to consider the matter?
The noble Lord is very experienced in parliamentary matters. No doubt that is a matter for the noble Lord, Lord Best, and he will have listened to what the noble Lord, Lord Campbell-Savours, suggested.
(10 years, 7 months ago)
Lords Chamber
To ask Her Majesty’s Government what assessment they have made of the impact of non-custodial sentences on the safety of the public.
My Lords, those who commit serious and dangerous offences should expect to receive long custodial sentences and this Government have ensured that tough sentences are available. Less serious offenders can be effectively and safely punished in the community. However, we have amended the law so that sentences served in the community combine punishment with effective rehabilitation. Since 2010, those who break the law are more likely to go to prison, and to go to prison for longer.
I find that very hard to believe. How can the Government claim to be tough on crime when a Ministry of Justice Answer in the other place revealed that in 2012, of 16,000 criminals convicted of rape, sexual assault, manslaughter, grievous bodily harm and robbery, all crimes characterised by violence, according to the government figures 9,600 of them—that is, 60%—walked free without even a custodial sentence and sometimes without even a tag, while nearly 40% of those convicted actually served less than 24 months in prison? These are serious crimes. How can people feel safe in their home or on the streets of Britain in the light of these statistics?
(10 years, 9 months ago)
Lords Chamber
To ask Her Majesty’s Government whether, in the light of the amounts paid in respect of the mental health tribunal for Ian Brady, they will review the amounts payable from public funds in such cases.
My Lords, the Government currently have no plans to review the amount payable in these types of cases.
My Lords, is it fair that in the case of Moors murderer Ian Brady, Mersey Care—in other words, the hospitals on Merseyside—had to spend £181,000 in a mental health tribunal? A further £92,000 then went to Brady’s lawyers, RMNJ Solicitors, along with thousands more to Scott-Moncrieff—more defence lawyers. Why should the taxpayer pay these exorbitant fees on a pointless appeal when law centres all over the country are being run down and CABs are being starved of resources? What are these lawyers doing for all this money?
In this particular case, the entire process took almost three years and culminated in an eight-day tribunal hearing. This is a legal process and the trust had no option other than to comply; neither did the Legal Aid Agency.
(11 years, 9 months ago)
Lords ChamberI have some sympathy for the point that the noble Baroness makes, because we at home are supposed to be on this blocking mechanism that you sign up for, but the calls still get through. I will investigate the point that she made about whether international calls get round the blocking. I know that Ofcom is very much aware of this problem. I know that it is no use me telling the noble Baroness that she can go on to this register and that Ofcom is on the job and so on, because from the noises around the Chamber and my own experience, I know that these nuisance calls are still getting through. I will contact Ofcom and write to the noble Baroness with the reply, which I shall put in the Library of the House.
My Lords, the Information Commissioner has received at least 10,000 complaints every year, but how many prosecutions have there been?
(12 years, 2 months ago)
Lords ChamberYes. A large number of organisations are involved in victim support, and Victim Support—as the title says—is one of the leading ones. At the moment it is in effect a monopoly provider of services, receiving some £38 million of public funds. In this consultation exercise we are looking at whether it would be better to commission some of those victim support activities locally, and then we can decide where the dividing line between local and central delivery should be. It is a perfectly legitimate exercise. We have, as I say, completed the consultation, and our response and specific proposals are imminent. I hope that that will inform further debate in this House and elsewhere.
My Lords, do not some of the awards available under the criminal injuries compensation scheme tend to inflate the incidence of false allegations? Would it not be wiser to invest less money in compensation and more in victim support?
That is exactly what we are doing. We intend to put more into victim support and to focus compensation much more effectively.