Independent Office for Police Conduct

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Wednesday 2nd February 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, the noble Baroness is going to be disappointed because I have said in the past and will repeat that if the Home Secretary feels that the inquiry is not fulfilling its terms of reference, she can put it on a statutory footing. Of course, it is a decision for the Home Secretary.

[Lord Carlile of Berriew (CB)]

The noble Baroness is absolutely right to express disgust at the findings of the IOPC against the Metropolitan Police, but why is the Metropolitan Police not being held to account? Why is its leadership not being held to account and why is there not a thoroughgoing review of the structure and leadership of that force?

Police, Crime, Sentencing and Courts Bill

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Lords Hansard - Part 2 & Lords Hansard - part two & Report stage
Monday 10th January 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I share noble Lords’ frustration that at a minute past midnight I am standing up to respond. I do not think anyone could accuse me of filibustering or frustrating any processes today. It was very unfortunate that we did not start this Report stage until nearly 4 pm because Members were discussing procedure. It is very frustrating that we are discussing such an important topic so late at night.

That said, I thank the noble Baroness, Lady Chakrabarti, for raising this incredibly important issue, and the noble Lord, Lord Carlile. I thank the noble Baroness, Lady O’Loan, for sharing the experiences of her time as chair of the Daniel Morgan inquiry. I again thank the noble Lord, Lord Carlile, my noble friend Lady Newlove, and the noble Baroness, Lady Chakrabarti, for the opportunity that I have had to discuss this issue with them. It is so important that Sarah’s family and the public understand how a serving police officer was able to commit such a senseless crime so that we can stop it ever happening again and restore confidence in our police forces. I think all noble Lords want that.

On 5 October, the Home Secretary announced her intention to launch a two-part inquiry into the circumstances surrounding Sarah’s murder. The first part of the inquiry will look at Sarah’s murderer and his tenure at the Metropolitan Police leading up to his conviction, as well as assessing any missed opportunities to hold him to account for his conduct. The second part of the inquiry will look at any specific issues raised by the first part, which is likely to include wider issues across policing, including, but not limited to, vetting practices, professional standards and discipline, and workforce behaviour.

This is the opportunity to look at any systemic flaws in vetting or issues around policing culture that were highlighted in the amendment. We expect that the separate inquiry established by the Metropolitan Police Commissioner, being led by the noble Baroness, Lady Casey, into the culture and standards of the force will feed into part two of the Home Office-established inquiry.

On the point raised by the noble Lord, Lord Coaker, about witnesses giving evidence, the police forces for which Sarah’s murderer worked will be witnesses to this inquiry, and we expect them all to comply with it. Since February 2020, when we amended the law, police officers have been under a duty to co-operate as witnesses with investigations, inquiries and formal proceedings under the revised standards of professional behaviour. Failure to do so could amount to misconduct and lead to disciplinary action—something which, during the Daniel Morgan inquiry, was unfortunately not available.

On 22 November, the Home Secretary announced that the chair of the inquiry would be the former Lord Advocate, the right honourable Dame Elish Angiolini QC. Following her appointment, the terms of reference of part 1 of the inquiry have been agreed with her, and they were published on GOV.UK this morning, as noble Lords have said.

The form of part 1 of the inquiry has been discussed with Dame Elish at length, and she agrees that a non-statutory inquiry is the best option to enable her to operate swiftly, allowing greater flexibility to gather evidence relating to Sarah’s killer’s policing career, without formal set-piece hearings. It is imperative for Sarah’s family and the public that we get answers as quickly as possible—I do not think that anyone demurs from that. This will enable Dame Elish to start part 2, looking at policing more broadly, in short order after the conclusion of part 1, which I know the amendment of the noble Baroness, Lady Chakrabarti, seeks to achieve.

Also agreed with Dame Elish is that, should she feel that she cannot fulfil the terms of reference operating on a non-statutory basis, and should official advice concur, it can be converted. I am not sure that the Sky News quote entirely reflects the Home Secretary’s words. That point about the conversion is set out in the terms of reference, and it is not only that: I can advise the House that, in coming to a decision on whether to convert the inquiry into a statutory inquiry under the Inquiries Act, the Home Secretary will be strongly guided by the views of Dame Elish. So, to quote the noble Lord, Lord Coaker, we are not saying, “No, we have already decided”. We have not. Under the Inquiries Act, the Home Secretary is required to consult the chair on any decision to convert the inquiry, and the chair’s views would be expected to hold considerable weight. I hope I have been able to satisfy noble Lords on that point.

I understand the noble Baroness’s point that confidence in the police among women, particularly younger women, has been rocked by Sarah’s murder and other cases that are coming to light—I share those views. This is analogous to the impact that the failings in relation to Stephen Lawrence’s tragic murder had on black communities. I understand how powerful it was for Sir William Macpherson to hold the Metropolitan Police to account in public over 20 years ago and I agree entirely that women deserve answers and, moreover, assurance that they are safe in the hands of the police.

I do not think, however, that we should be tying the hands of Dame Elish and the Home Secretary on the scope or nature of part 2 before part 1 has even started in earnest. It is important that these considerations can be informed by Dame Elish’s emerging findings from part 1; the work of the noble Baroness, Lady Casey; and the policing inspectorate’s thematic inspection of vetting and countercorruption. Only then can we ensure that part 2 looks at the critical issues for policing and does so in a way that allows those affected, including victims, to have their voices heard.

I reassure this House that the Home Secretary will consult Dame Elish on the scope of part 2 and the form that it should take to proceed efficiently, effectively and with the confidence of those whose trust in policing has been eroded. Specifically, Dame Elish’s view and official advice will form the basis of whether the Home Secretary will put part 2 on a statutory footing.

The noble Baroness, Lady Chakrabarti, has prayed in aid the experience of the noble Baroness, Lady O’Loan, with the Daniel Morgan inquiry but, since the evidence-gathering phase of that inquiry, we have—as I said earlier—introduced a duty of co-operation on police officers, which means that failure to co-operate with an inquiry or similar could now be a disciplinary matter, with dismissal being the ultimate sanction possible. There are now sanctions that were not available before.

Amendment 108 seeks to address legitimate concerns that individuals, particularly women and girls, may have at the prospect of being arrested or transported in a police vehicle by a lone officer. The noble Baroness is absolutely right to highlight how important it is that police officers use their powers of arrest legitimately and in line with statutory guidance, and to recognise how public confidence in the police has been shaken by the appalling circumstances of Sarah Everard’s murder. I understand the concerns raised by this case, and the Government have been very clear that they intend to take action as a result. However, the law does not take a detailed view on the way officers use their powers, as long as they are doing so lawfully and legitimately. I do not want to see officers’ discretion over the legitimate use of their powers restrained in ways that could lead to individuals escaping justice or evidence being lost, as could be the case if officers were legally prohibited from transporting arrested individuals alone.

As for Amendment 109 and the noble Baroness’s proposed addition to the PACE codes—which she now attributes to the noble Lord, Lord Carlile—to cover transportation of arrested persons, I will commit to keep this suggestion under consideration when we next undertake amendments to the code. I am aware that some forces, including the Met, have issued guidance to their officers for situations where they may need to approach a member of the public while operating alone. This is only the beginning of this conversation, and there will be more for all forces to do to ensure that the public, and women and girls in particular, have confidence in the way officers use their powers as they carry out their vital—

[Lord Carlile of Berriew (CB)]

I apologise for interrupting the noble Baroness, and I am grateful for what she has just said, but I want to go back to a previous point, if I may, because I think we would like an answer to the question I am going to pose at some point in her speech.

During the course of her comments earlier, the Minister said—and I think this was a little bit of movement—that the Home Secretary would be “strongly guided” by the views of Dame Elish Angiolini on whether the second part should be converted to a statutory inquiry. My question, and it is really a legal question for which I apologise, is this: if Dame Elish makes a reasonable request for conversion to a statutory inquiry and unreasonably the Home Secretary refuses that reasonable request, would that refusal then be subject to judicial review, and do the Government recognise that to be the case? I am sure that the question I have posed is a typical barrister’s question, in that I know the answer to it, but it would be nice to hear from the Minister that that answer is recognised because it may make a difference to the attitude of some noble Lords, as to how they view this issue, if it comes to a Division of the House.

[Baroness Williams of Trafford (Con)]

In my limited legal knowledge, a judicial review questions the process rather than the decision, so I am sure a judicial review could be sought on the process by which the Home Secretary refused, despite the advice of the inquiry chair. I think it is important to bear in mind that the Home Secretary has chosen Dame Elish because she has confidence in her, and the way in which they work together through this inquiry process will be absolutely crucial, not only to its outcome but to the confidence of both women and the public in general. That is, I think, the answer that I could give at this point. The noble Lord is looking a little bit doubtful.

[Lord Carlile of Berriew]

I apologise for intervening again. I have got my second wind; it is now tomorrow, which is not commendable. It is a simple question: is it recognised by the Government—and it may be that the Minister would have to take advice on this, which I recognise she might get from the noble Lord sitting next to her—that an unreasonable refusal by the Home Secretary would be, potentially at least, judicially reviewable?

[Baroness Williams of Trafford (Con)]

The noble Lord is talking in theory. Anything is possible. I cannot say whether, in the circumstances of the Home Secretary’s refusal and Dame Elish’s advice, the outcome would be reasonable or unreasonable, but it is important that we go into this with the Home Secretary very clear that she will be guided by Dame Elish. That is the thing to take away from this.

Police, Crime, Sentencing and Courts Bill

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Lords Hansard - Part 1 & Lords Hansard - part one & Report stage
Monday 13th December 2021 Lords Chamber

[Lord Carlile of Berriew (CB)]

My Lords, if I may just say a few words in support of this amendment, which was moved with such clarity by the noble Lord, Lord Ponsonby, two points seem to me to arise. The first is that if the reviews are held in a centralised way, they will be more efficient. There will be less of a postcode lottery when it comes to the review taking place. Secondly, and most importantly, if social services, medical services, the police and others know that there will be a review in every case in which there is murder as a result of a domestic situation, they will take greater care. We know that that has not, unfortunately, always been the case, whatever their good intentions.

[Baroness Williams of Trafford (Con)]

My Lords, I thank the noble Lord, Lord Ponsonby, for outlining this amendment with such clarity. Domestic homicide is a horrendous crime and I reassure the House that tackling this is a key priority for the Government. Part of the solution is ensuring that domestic homicide reviews take place at every opportunity. They offer an opportunity, as the noble Lord said, to learn lessons to prevent the same mistakes occurring again. It is important that every domestic homicide is considered for a domestic homicide review so that, as he said, lessons can be learned and further deaths prevented.

I reassure the noble Lord that domestic homicide reviews are conducted in the great majority of cases, but there may be instances where one is not appropriate or necessary. The Government are clear that domestic homicide reviews should be considered at every opportunity, and the 2004 Act already makes provision for the Home Secretary to direct that a domestic homicide review takes place where required.

When a community safety partnership decides not to conduct a review, the decision is closely scrutinised and escalated to the Home Secretary to enable her to use her powers to direct a domestic homicide review, if appropriate. This involves a review of the decision by the independent quality assurance panel, whose views form the basis of the advice provided to the Secretary of State. The review of all decisions not to conduct a review is a new process implemented earlier this year. Since implementing it, the Secretary of State has directed four homicide reviews. I hope the noble Lord sees this as an example of how seriously this Government take these reviews.

On data collection, I reiterate to noble Lords that the Home Office has in fact committed to creating an online central repository of domestic homicide reviews to improve accessibility, exactly for the reason the noble Lords, Lord Carlile and Lord Ponsonby, pointed out. At present, all reports are published on individual local authority or community safety partnership websites, but often only for a limited period. Creating the central repository will mean that all completed reviews are readily available, including to support the monitoring of the implementation of any recommendations. This is expected to go live next year. I understand that the terms of reference of the review have been published.

Regarding the letter the noble Lord, Lord Ponsonby, cited at the beginning of his remarks, I will do some investigating and come back to him, because I really do not know what has happened to it. That is unfortunate, but I will chase it up and ensure he has a response. With that, I hope he will be happy to withdraw his amendment.

Police, Crime, Sentencing and Courts Bill

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Committee stage
Wednesday 24th November 2021 Lords Chamber

[Lord Carlile of Berriew (CB)]

I did not want to interrupt or contribute to this debate because there have been many eloquent speeches, but I want to ask the Minister a granular question. This is going to turn into a shaggy dog story in which everybody agrees that this 200 year-old legislation is out of date unless somebody sits down and does something serious about it with the intention of bringing the discussion to an end. As a question of fact, has parliamentary counsel ever been instructed to produce, or try to produce, legislation to replace the Vagrancy Act? If not, why not? If so, can we know something about the result?

[Baroness Williams of Trafford (Con)]

I thank the noble Lord for trying to wrap the discussion up in that one important question. I will take it away. When my noble friend and the noble Lord, Lord Best, speak to Eddie Hughes, the Minister, we will see what progress has been made at that stage. But at this stage, I wonder whether the noble Baroness, Lady Blake, will be happy to withdraw her amendment.

Police, Crime, Sentencing and Courts Bill

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Lords Hansard - part two & Committee stage
Wednesday 17th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

It is no problem at all; this is Committee, where we clarify these issues. But I think it is fair to say that the trigger for the SVRO, essentially, is the conviction.

[Lord Carlile of Berriew (CB)]

An interesting criminal law debate is developing and I cannot resist joining in. I very respectfully suggest to the Minister that this is a situation in which the use of examples, if they are worked up, is very important and would be extremely useful. My view is that she is right about some of this but possibly not all of it, and that the noble Lord, Lord Paddick, is possibly right about quite a lot of it but wrong about some of it—for example, the relevance of previous convictions, which may be used far more these days than he imagines. Previous convictions are available as evidence of propensity and are frequently used in criminal trials. I respectfully suggest to the Minister that a series of indicative examples should be worked up and put in the Library in advance of Report, because it would make these questions much easier to answer.

[Baroness Williams of Trafford (Con)]

I thank my noble friend—and he is my noble friend because he has come to my rescue time and again. I am not a lawyer and even less of an expert in criminal law.

Terrorist Incident at Liverpool Women’s Hospital

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Wednesday 17th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I totally agree with the noble Lord that these things are hard to predict and hard to deal with when they happen. I have seen a couple of comments, particularly from BAME communities in Liverpool, saying that they have faced hate incidences in the last couple of days, and we have seen before that, when an attack happens, quite often it is women who bear the brunt of the hatred and the name-calling. When I was Minister for Counterextremism, I remember going to many different communities, such as Muslim communities and Polish communities after Brexit, trying to provide reassurance. The police have been fantastic on the back of some of the attacks in reassuring local communities.

[Lord Carlile of Berriew (CB)]

My Lords, I too commend the work of the first responders and others who did so much at the scene. It now transpires that the perpetrator was finally refused asylum in 2017, and that was the last time his case appeared before a court. Why did the Home Office not remove him from the United Kingdom between 2017 and 2021? Is it not outrageous that the Home Secretary is trying to blame anyone but the Home Office for him being still in this country?

[Baroness Williams of Trafford (Con)]

I do not disagree with the noble Lord that the chap should not be in the country, but in many instances people will frustrate removal processes by putting forward new claims. When we consider the borders Bill, one thing that we have to ensure is that, when people are refused asylum, they are sent back to the country from which they came.

Extradition Arrangements: European Union Member States

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Wednesday 13th January 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

By chance, I heard the noble Lord, Lord Ricketts, outlining some of his concerns on the radio. I bow to his expertise but there is probably some difference in our interpretation of what he outlined, particularly on access to databases and the sharing of information.

[Lord Carlile of Berriew (CB) [V]]

My Lords, together with our departure from the Schengen Information System, there appears to be no replacement for the respective instruments on joint investigative teams, the enforcement of fines, the enforcement of non-custodial measures and prisoner transfer. Please will the Minister tell the House how these gaps will be filled?

[Baroness Williams of Trafford (Con)]

The noble Lord will know that the EU maintained that it was legally impossible to offer SIS II to a non-Schengen third country so we have reverted to Interpol, which is a tried and tested mechanism of co-operation. Regarding the joint investigative teams, the UK will be able to continue running and participating in those with EU member states and third countries on a non-EU legal basis. Prisoner transfers are a Ministry of Justice lead. The EU did not want to include arrangements on them in the agreement but we will continue to transfer foreign offenders back to their home states using the existing Council of Europe convention, as well as accepting the repatriation of any British citizen imprisoned by an EU member state who is eligible and wants to return to the UK to serve their sentence.

LGBT Community: Domestic Abuse

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Tuesday 24th November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I wish I had spotted my noble friend when I answered the previous question. He will know that, during the Covid period, the issue of homelessness was paramount, in terms of protecting people. Of course, that will not stop after we have got through the pandemic. I am very aware of the various factors that might lead LGBT people to become homeless and subsequently be unable to get back on their feet, so I totally take his points on board.

[Lord Carlile of Berriew (CB) [V]]

Can the Minister assure the House that not only the rights, but also the interests of trans victims of domestic abuse will now be recognised, as they are potentially the most vulnerable, and worthy of a speedy and strong response from the police, including the 999 service, which is sometimes less than helpful to them?

[Baroness Williams of Trafford (Con)]

I am glad that the noble Lord has brought this up. I recognise the particular problems that trans victims face in terms of credibility, for want of a better word, from our services. The fact that we now train front-line police officers to be not only sensitive but cognisant of the different types of domestic set-ups and to respond appropriately and sensitively is incredibly important. The noble Lord talked about trans victims. I am also minded of some lesbian victims of domestic abuse whom I have met who feel that, perhaps because some of them look more masculine, they will not be treated as victims and are more likely to be assumed to be perpetrators.

Policing: Covid-19 Guidance and Legislation

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Tuesday 5th May 2020 Lords Chamber

[Baroness Williams of Trafford]

The reason for that protection was the shortage of bats in Europe. We have been working closely with the Bat Conservation Trust, Defra and Natural England’s wildlife teams and international partners on this subject. The BCT has provided advice for bat carers, which we helped to write and which takes a precautionary approach.

[Lord Carlile of Berriew (CB)]

Does the Minister agree that the Director of Public Prosecutions’ very unusual decision to review every single Covid-related prosecution initiated by the police indicates clear overuse of the powers and that new National Police Chiefs’ Council guidance is needed to replace the overcomplex guidance issued by the College of Policing, which many police officers do not even have time to read?

[Baroness Williams of Trafford]

The College of Policing guidance is there not to replace the government guidance but to assist the police as they go about their daily work. As I said to the noble Baroness, Lady Jones, these are new powers and the CPS is therefore reviewing cases charged under both the Coronavirus Act and the public health regulations to make sure that the powers are being applied correctly. Unlawful charges are being withdrawn by prosecutors in court and the CPS is asking for any wrongful convictions to be overturned—but we are in a new world and are having to learn.

Victims of Crime: Mobile Phone Data

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Wednesday 8th May 2019 Lords Chamber

[Baroness Williams of Trafford]

The noble Lord makes an important distinction between trawling social media and identifying evidence that could be used in a trial. As I said to the noble and learned Lord, Lord Morris of Aberavon, the NPCC and the CPS have invited a number of organisations to discuss their concerns around this, and I am sure that what the noble Lord talked about will come up in these discussions.

[Lord Carlile of Berriew (CB)]

The noble Baroness’s responses have given us clear evidence of how much thought she has given to this difficult issue. Does she agree that consistency is very important? For years now, it has not been permissible for defence lawyers to cross-examine complainants about the clothes they wear or their sexual history without there being a clear evidential basis for doing so and the permission of the judge. Should we not be consistent and ensure that we protect the privacy of complainants, after a gross invasion may have taken place of their most essential privacy, and allow the trawling of electronic material only where there is a proper evidential basis for doing so?

[Baroness Williams of Trafford]

The noble Lord takes us back some years—we spoke about it earlier—to when judges or lawyers might refer to the clothes that somebody was wearing almost as evidence that they had not been sexually assaulted. Consistency is important. Having your mobile phone taken from you, albeit with consent, feels like a huge intrusion. It is clear in the guidance that it should not happen in all cases or as a matter of course, and sometimes your mobile phone should not need to be taken away from you at all. So these further conversations will start to develop the thinking about how we can be consistent in this area.

British Citizenship: Children

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Wednesday 10th April 2019 Lords Chamber

[Baroness Williams of Trafford]

The noble Lord raises two very vital points about the whole crisis in Syria, both the humanitarian issue and the security issue of anyone who might come back to this country after engaging in activity out there. This is, of course, of international concern, as the caliphate disintegrates. As international partners, we must all discuss with each other what the best way forward is. In the humanitarian area, the UK is providing, as I said, a lot of assistance.

[Lord Carlile of Berriew (CB)]

My Lords, does the Minister agree that the lack of clarity indicated by this Question might have been resolved much better if the Government had not delayed for nearly five months appointing a new Independent Reviewer of Terrorism Legislation, who would have been on hand to give expert advice as to the proper resolution of the important issues raised?

[Baroness Williams of Trafford]

I agree with the noble Lord and thank him for all he does in this area. The sooner that appointment is made, the better.

Knife Crime

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Monday 4th March 2019 Lords Chamber

[Baroness Williams of Trafford]

The noble Lord is absolutely right to point to early intervention, and I mentioned some of the funding streams that either have gone forward or will be going forward to that end. He also talks about the police; both I and the Home Secretary have absolutely acknowledged the pressure that the police have been under, particularly over the last couple of years. As the Home Secretary said, he will be making up to £970 million available next year. It is a shame that the noble Lord, Lord Hogan-Howe, is not in his place, but I pay tribute to him and the work that he did while he was Metropolitan Police Commissioner on reducing some of the problems of knife crime in communities in London. I am sure that my right honourable friend the Home Secretary and my honourable friend Vicky Atkins will be in discussion with the noble Lord on some of the learning points from his tenure for how we can address this really terrible growing issue.

[Lord Carlile of Berriew (CB)]

Those of us in your Lordships’ House who have policed, conducted or judged murder cases can attest to how little force it takes to kill someone with a single blow from a knife. As part of the Government’s strategy, will they ensure that education is provided in schools by people who understand, and can provide sound education on, the danger of carrying a knife for any purpose whatever, which can so easily turn someone into a murderer?

[Baroness Williams of Trafford]

The noble Lord points out the stark simplicity with which somebody can kill somebody else—by a single blow of a knife. In talking about the public health response to knife crime, the Department for Education has a critical role to play in the lives of these young people, certainly some of those who are excluded from school, and on how to keep them engaged and out of trouble, not only when they are in school but when they are excluded too.

Counter-Terrorism and Border Security Bill

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Report: 2nd sitting (Hansard - continued): House of Lords & Report: 2nd sitting (Hansard): House of Lords
Monday 17th December 2018 Lords Chamber

[Baroness Williams of Trafford]

I am not, but I suspect the noble Lord, Lord Carlile, can.

[Lord Carlile of Berriew]

I can. The previous meeting—and the noble Lord is making a fair point—took place 18 months previously. During that period, I for one requested meetings take place on a regular basis. At least two meetings were cancelled during that time, dates having been set and put in diaries. I happen to be a member of the Prevent oversight board, so I am aware of the calendar. One of the points made at the most recent meeting was that, if the board is to be effective, it must meet more frequently. One of the reasons why there was such a long delay—and the noble Baroness may confirm this—was because it had been established that the Prevent oversight board should be chaired by the Home Secretary. That has been a difficulty, but on the most recent occasion, if I remember rightly, the Home Secretary and the Lord Chancellor were present, along with a number of other Ministers.

[Baroness Williams of Trafford]

I thank the noble Lord, Lord Carlile, and I think that is right. If this debate has done nothing else, it has probably given the impetus to ensure the oversight board meets more regularly, and I shall take that back.

There needs to be evidence of systemic failures to justify a review. I will take back the point about the oversight board meeting more often. Prevent should be subject to proper scrutiny, but I hope I have already outlined a number of mechanisms for this. It is also open to the Home Affairs Select Committee to conduct an inquiry into Prevent, should it wish to do so. Furthermore, the fifth anniversary of the passage of the Counter-Terrorism and Security Act 2015 does offer the opportunity to undertake the normal pre-legislative review of the provisions in Part 5 of that Act, providing the legislative framework for Prevent.

I hope my explanation has provided some comfort to noble Lords. I suspect by the gathering crowds it has not.

[Lord Carlile of Berriew]

I am sorry to interrupt again, but can the Minister also deal with the point made by the noble Lord, Lord Marlesford? It was suggested that the Home Office contains officials who do not really focus on Prevent. Could she confirm there is a strong Prevent group within the Home Office, chaired by an experienced and competent person who does a great deal of conceptual thinking in this area and is open to discussion with any Member of your Lordships’ House who shows some understanding of this issue and cares to discuss it with him or his team, which is now frighteningly large?

[Baroness Williams of Trafford]

The noble Lord is absolutely right, and that team is growing. I think my noble friend Lord Marlesford is concerned about the Home Office in general, but I can confirm what the noble Lord, Lord Carlile, says.

Counter-Terrorism and Border Security Bill

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Report stage (Hansard - continued): House of Lords
Monday 3rd December 2018 Lords Chamber

[Baroness Williams of Trafford]

From what I understand, a panel of approved solicitors is available to detainees—I am sure that the Box will fly over with a piece of paper if I am wrong about that. However, if, for whatever reason, the first solicitor from the panel is given to the detainee—

[Lord Carlile of Berriew (CB)]

May I make an effort to help out the noble Baroness? There was a time in my professional life when I used to be instructed by duty solicitors at London Heathrow Airport and London Gatwick Airport. The fact is that the duty solicitors at ports of entry are accustomed to dealing with all kinds of issues that arise there. Indeed, the quality of work that emanates from being a duty solicitor in significant ports of entry is high. Therefore, one can reasonably assume that one is getting not any old solicitor but a solicitor who has some understanding of the kind of work that can arise in that setting. There is also some training available, and it is usually done very co-operatively. Has that given the Minister enough time to be able to read the writing—or she may wish to just agree with me?

[Baroness Williams of Trafford]

I do agree with the noble Lord; that is absolutely brilliant. But I have just received another piece of information: if the detainee is still not satisfied, they can consult a solicitor by phone, so that is a third arm of the options for detainees. Between us, we have got there.

As for who approves the access to confidential material, it would be the Investigatory Powers Commissioner.

Counter-Terrorism and Border Security Bill

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Committee: 4th sitting (Hansard): House of Lords
Wednesday 14th November 2018 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I think we went through this the other day. It is because officers may have fragmented information which does not amount to reasonable suspicion but may show a pattern emerging. That may not reach the “reasonable suspicion” threshold. As the noble Baroness said, we cannot just stop and search black people arbitrarily; there has to be some rationale for stopping that person. It would not be arbitrary but would not meet threshold of reasonable suspicion.

[Lord Carlile of Berriew (CB)]

I am grateful to the Minister for giving way. If somebody is coming through a port of entry and their passport is examined, and in the moment of examination it becomes apparent that there is something about the passport that does not look quite right—for example, there may be very few entries in it whereas the person concerned looks to be a sophisticated traveller—would not such a situation fall well short of being reasonable suspicion but be a proper exercise of the ability of good officers to use intelligence applied in the moment?

[Baroness Williams of Trafford]

The noble Lord provides a very good example. It might not amount to reasonable suspicion, but there would certainly be a pattern of activity or information which allowed that officer to stop the individual.

Counter-Terrorism and Border Security Bill

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Committee: 1st sitting (Hansard): House of Lords
Monday 29th October 2018 Lords Chamber

[Lord Carlile of Berriew]

I apologise for interrupting the Minister. Can she reassure the Committee that the Home Secretary’s regular reviews are, first, regular in the sense that they take place at fixed periods and, secondly, that the reviews include looking at organisations—there may be some in Northern Ireland—which now have no members at all and have not engaged in any activity, so no one is going to apply for de-proscription and they are simply redundant? I certainly suspect that there may be some organisations of that kind.

[Baroness Williams of Trafford]

The point the noble Lord makes moves us very much into the territory of Amendment 59. However, I can confirm absolutely that the Home Secretary regularly reviews proscribed organisations. As noble Lords will probably remember, I have advised deproscription on a number of occasions. We will come to that point in due course.

Perhaps the noble Lord would remind me of his second query.

[Lord Carlile of Berriew]

It was simply about the deproscription of organisations that basically do not exist any more.

[Baroness Williams of Trafford]

I have probably answered that, but I know that we will have a full debate on Amendment 59.

Section 10 intentionally does not extend a blanket immunity to situations where a person makes a statement that may generate support for a proscribed terrorist organisation and which is not connected to an application for de-proscription, but is made in the course of a debate about whether in principle the organisation ought to remain proscribed. Such statements may well be entirely legitimate and may address matters of fact and of law in neutral terms, in which case they would not be caught by Clause 1, but they may also be reckless as to whether they will encourage others to support the organisation. They may not only suggest that the proscription should be lifted but argue that this should be done because the terrorist aims and activities of the organisation are a good thing, potentially giving rise to the serious harms I have described. One noble Lord has given examples of both of those scenarios. To provide a blanket exemption for any and all such statements would undermine the fundamental purpose of the offence and would risk preventing its use in exactly the situations for which it is intended.

Finally, I turn to Amendment 6 in the name of my noble friend Lord Attlee. This would introduce a blanket exemption from the offence for any expression or belief that would otherwise be unlawful which is published or broadcast for the purposes of journalism. It is of course beyond doubt that the freedom of journalistic expression, within the law, should be sacrosanct. Given the importance of this public interest, I expect the police, the CPS and the courts to tread very carefully indeed in any case where a journalist is suspected of an offence under Clause 1, in line with the normal safeguards and tests for prosecution. However, just as the noble and learned Lord, Lord Judge, argued so succinctly, I cannot agree that there should be an absolute exception for any person engaging in journalism.

Policing and Crime Bill

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Report: 3rd sitting (Hansard): House of Lords
Monday 12th December 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I am not a lawyer. When the noble Lord, Lord Pannick, and the noble and learned Baroness, Lady Butler-Sloss, say this is a very difficult issue, I know that this is a very difficult issue. I am grateful to the noble Lord, Lord Paddick, for retabling the amendment on pre-charge anonymity for those accused of sexual offences and to my noble friend Lord Marlesford for his amendment, which proposes pre-charge anonymity for a person accused of any crime. I know this is a subject which we have debated frequently and in which noble Lords have a great deal of interest, and we have the legal experts of the land here to assist us.

Like other noble Lords have said, I will not repeat all the points I gave in my responses to the amendment in Committee, save to say that the Government fully understand the anguish felt by those who have had their reputation questioned and tarnished following unfounded allegations made against them. My noble friend Lord Lamont very articulately outlined the names of some of them, although I will not go into individual cases. As the noble and learned Lord, Lord Judge, indicated in our earlier debate, such anguish will arise whether the unfounded allegation was in relation to allegations of sexual offences, which is the premise of the amendment in the name of the noble Lord, Lord Paddick, or with regard to other offences, which is the reasoning behind my noble friend’s amendment.

However, I reiterate that the notion that someone is innocent until proven guilty, as the noble Lord, Lord Pannick, says, is absolutely central to our justice system and the rule of law. There must never be an assumption that being charged or arrested for any offence indicates that a person is guilty of a crime, so the Government have every sympathy for the underlying aims behind both of these amendments. As noble Lords will know, the Government also start from the position that there should, in general, be a presumption of anonymity before the point of charge and believe that there is also a general acceptance that there will none the less be exceptional circumstances in which the public interest means a suspect should be named. The noble Lord, Lord Campbell-Savours, articulated that. The Government’s position remains that we are not persuaded that legislation is the right way forward at this time.

As with any offence, it is absolutely right and proper for the police to have operational independence in deciding whether to name a suspect, and the Government firmly believe that non-statutory guidance, rather than primary legislation, is the appropriate vehicle for guiding the police in these operational decisions. It is absolutely vital that the police are able to exercise their own judgment and act swiftly in circumstances where releasing the name of a suspect may, for example, prevent further harm. The introduction of a statutory scheme would hamper the police’s ability to act in this way. We know that such identification can help other victims to recognise that they are not the only ones who have suffered, as the noble Lord, Lord Rosser, said. This is particularly the case with regard to sexual abuse allegations, where the ability of the police to name an individual accused of such an offence might give encouragement to other victims to overcome their reluctance to come forward—and many of them are very reluctant. Victims must feel that they can report the abuse to the police as well as get the support they need.

We have seen recently the significant effect of increased willingness by victims to report what happened to them in the shocking scale and nature of allegations of non-recent child sexual abuse in football. I am sure the whole House will want to join me in paying tribute to the bravery that some ex-footballers have shown in coming forward publicly after so much time in what must have been terribly difficult personal circumstances. Their courage has clearly given confidence to many others to come forward. But had the legislation put forward by these amendments been in place today, the media in this country could have been prevented from reporting the claims of some of these alleged victims. Of course, as with any allegation, it is now for the police to take forward and investigate in order to establish the facts and, where appropriate, to bring prosecutions.

A question was asked—I cannot remember by which noble Lord—about whether the police should believe all victims. The police should always focus on the credibility of the allegation rather than on the credibility of the witness. As I have just outlined in the case of allegations in football, I cannot emphasise strongly enough that we must not undermine victims’—

[Lord Carlile of Berriew]

I do not quite understand how the shocking cohort of football cases relates to the issue in these amendments. These football cases have not followed a specific arrest or arrests. Indeed, the three convictions of Barry Bennell in 1994, 1998 and, I think, 2002, did not produce a cohort of reporting; media publicity of the issue, not of an arrest, produced it. So what does it have to do with this issue?

[Baroness Williams of Trafford]

I am trying to illustrate that alleged victims’ willingness to come forward is now more common because they feel that they can come forward and they are more likely to be believed. There are not huge numbers of convictions in sexual abuse trials, and to go back to the position where anonymity was granted would be a retrograde step.

Terrorist Attack in Nice

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Monday 18th July 2016 Lords Chamber

[Baroness Williams of Trafford]

When we look at events around the world, particularly some of the horrors in America over the last few weeks, I personally always feel glad that we are not an armed country. I totally see where the noble Lord is coming from, but—I will disappoint him when I say this—we have some of the best policemen and women in the world. With the national asset barrier, we have ways of containing potential events such as this, but I would not like to see what the noble Lord talks about as widely available.

[Lord Carlile of Berriew (LD)]

Can the Minister confirm that the Joint Terrorism Analysis Centre has as part of its focus the identification and interdiction of the types of semi-lone wolves who were described earlier? Can she also confirm that there are sufficient portable barriers, including where necessary the use of fairly heavy vehicles, to protect from the kind of scenarios in places which might otherwise suffer the same fate as the Promenade des Anglais?

[Baroness Williams of Trafford]

My Lords, I can absolutely confirm that JTAC is constantly monitoring such threats to our people and country. I am sorry, but I cannot remember the second part of the noble Lord’s question.

[Lord Carlile of Berriew]

It was about heavy vehicles and barriers.

[Baroness Williams of Trafford]

I can confirm that we are satisfied that we have the police-led and vehicle-led capability to deal with such large-scale firearm attacks in the UK. The noble Lord will have to forgive me—it is my first hour, never mind my first day.

Assisted Dying Bill [HL]

Debate between Lord Carlile of Berriew and Baroness Williams of Trafford

Friday 7th November 2014 Lords Chamber

[Lord Carlile of Berriew]

Secondly, the noble Baroness has reminded me of something which I intended to say, did not say and therefore will say now. Yes, there are rogues in the medical profession and there are most certainly rogues in the legal profession and in politics. What we are talking about under this Bill is a model that relies, unacceptably in my view, on the medical profession.

[Baroness Williams of Trafford (Con)]

My Lords, before we continue, may I refer noble Lords to the Companion, which suggests that, in debates where there are no formal time limits, contributions are kept to 15 minutes?