Policing and Crime Bill

Lord Cashman Excerpts

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

[Lord Lexden (Con)]

My Lords, I will speak to the amendments in this group in my name and the names of my noble friend Lady Williams of Trafford and the noble Lord, Lord Cashman. The support of my noble friend the Minister signifies that these amendments have been accepted by the Government, and I thank her for all that she and her officials have done to bring about their acceptance. I am indebted to my noble friend for her constant understanding and kindness.

I am also delighted to have the support of the noble Lord, Lord Cashman, a strong and constant ally in helping to secure the benefits that gay people in Northern Ireland will obtain as a result of our amendments. His work has been widely noted and appreciated by those who campaigned tenaciously to achieve in the Province all the rights that gay people enjoy elsewhere in our country. The need for equality throughout the United Kingdom on this issue of human rights was strongly supported in Committee by the noble Lord, Lord Kennedy of Southwark, from the Opposition Front Bench, and I thank him most warmly.

This Bill now incorporates amendments proposed in Committee by the noble Lord, Lord Sharkey, and accepted by your Lordships’ House. They will have the effect of making available in England and Wales pardons to those who were cautioned or convicted under cruel and discriminatory laws, now repealed, that bore so heavily and so unfairly for so long on homosexual and bisexual men. They will make reparation, to the extent that it is possible and practicable, to those still living and remove a terrible stain from the reputations of those who are no longer alive, for the comfort of their families.

Naturally, gay people in Northern Ireland felt that their part of our country should not be excluded from such an important measure of belated justice. I was glad to act as their representative and spokesman in Committee by bringing forward amendments designed to extend to Northern Ireland what has now been agreed for England and Wales. I had the great good fortune to be able to draw on the wide legal knowledge and accomplished drafting skills of Professor Paul Johnson of York University, who produced the amendments discussed in Committee. It is his work, refined and extended by leading officials of the Home Office, that will now confer on gay people in Northern Ireland the equal rights arising from this major reform, which they want and deserve.

Laws are not now normally enacted at Westminster, in this and many other areas of policy that have been devolved to Northern Ireland, without the approval of its Assembly, expressed through the adoption of a legislative consent Motion. In Committee, I referred to the strong hope that such a Motion would be passed by the Assembly, and it was duly passed on 28 November. Its smooth passage, preceded by the rapid and successful completion of discussions in the Northern Ireland Executive, owes much to the new, young Minister of Justice in Northern Ireland, Claire Sugden.

My gay friends in Northern Ireland detect a more relaxed, modern and progressive mood among young people in particular. The Minister gave expression to it at Stormont last week when she said that,

“giving permission for Westminster to pass these provisions for Northern Ireland offers an immediate opportunity for the criminal justice system … to right the wrongs of the past”.

She went on to stress the need to,

“ensure that the criminal law in Northern Ireland offers equality of treatment for gay and bisexual men in Northern Ireland, as it would do in England and Wales”.

These are most encouraging and heartening words.

The noble Lord, Lord Sharkey, paved the way for the granting of pardons for offences that should never have defaced the statute book in England and Wales by securing the creation, in 2012, of what is known as a disregard scheme, under which application can be made to have such offences wiped from the record. These amendments will authorise the introduction of such a disregard scheme in Northern Ireland. Individuals will be able to apply to the Justice Department to have their convictions for discredited former offences disregarded on criminal records. All successful applications will be followed automatically by the granting of pardons. Automatic pardons will also be given in posthumous cases.

Very importantly, the amendments confer power on the Northern Ireland Justice Department to add further discredited offences to the disregard scheme by means of regulations. Similar provision is to be made for England and Wales under amendments in this group to be moved by my ally, the noble Lord, Lord Cashman.

The arrangements to be introduced in Northern Ireland under these amendments will differ from those in England and Wales, at least initially, in one respect: disregards and pardons will be available for past offences committed by those who were at the time at least 17 years of age, not 16 as in England and Wales. This is because until recently Northern Ireland had 17 as its age of consent. Claire Sugden made plain that she is very open to further discussion of this point in the Northern Ireland Assembly.

I have one further matter to raise relating to Clause 148(4), which provides that posthumous pardons will be made available to those convicted of certain abolished offences under service law. As it stands, however, Clause 148(4) makes posthumous pardons available only to those convicted as far back as the Naval Discipline Act 1866. This is inadequate because, like the equivalent civil law provisions that extend back nearly five centuries to the Henrician statute of 1533, service law criminalised consensual same-sex sexual acts between members of the Armed Forces long before 1866. Between now and Third Reading the Government may wish to consider incorporating these earlier provisions, and equivalent ones in respect of the Army, into Clause 148(4) to ensure that those convicted of service disciplinary offences prior to 1866 are eligible to receive a posthumous pardon in the same way as those convicted after that date. This point has been brought to our attention by the omniscient Professor Johnson.

I conclude with the words of Councillor Jeffrey Dudgeon, whose case at the European Court of Human Rights in 1981 led to the decriminalising of homosexuality in Northern Ireland. He has said that these amendments,

“will right a wrong for a small but very significant group of living people, and also bring satisfaction and comfort to a greater number of relatives and friends of those who died with their reputations scarred by cruel convictions”.

I beg to move.

[Lord Cashman (Lab)]

My Lords, I am extremely pleased to speak to the amendments by the noble Lord, Lord Lexden, to which I have proudly added my name, and to the other amendments in this group in my name and that of the noble Baroness, Lady Williams.

My ally, the noble Lord, Lord Lexden, has put the case eloquently and exhaustively for these measures of pardon and disregards to be extended to Northern Ireland, ensuring that the wrongs so often visited upon gay and bisexual men can now be righted, atoned for and, indeed, corrected. He is right to quote Councillor Jeffrey Dudgeon, who, along with so many others, has shown courage and leadership in fighting for LGBT equality in Northern Ireland and elsewhere, as indeed has the noble Lord. I congratulate him on the work that he has carried out exhaustively and with fortitude. I, too, record my thanks to Professor Paul Johnson of York University, who has been invaluable in shaping our approach, and who, with Paul Twocock at Stonewall, has guided me with patience and great wisdom.

I hope noble Lords will allow me a short moment of reflection. When I campaigned against Section 28 of the Local Government Act in 1988 and subsequently co-founded and chaired Stonewall from 1989, I never imagined that we would achieve equality for LGBT people in my lifetime, nor that I would be in your Lordships’ House to bring together arguably the last pieces of the legislative jigsaw of legal equality for lesbian, gay and bisexual people. I know that we still have much more to do for the trans community, and we will. Yet I remind myself that what we achieve now is not achieved by us but was made possible by a thousand generations of LGBT people and our heterosexual allies who stood up and fought for equality, often giving up their livelihoods, their freedom and, in some instances, their lives. Moments like these make me feel truly humbled as I recognise their sacrifices over hundreds of years.

In Committee, I moved an amendment to include an offence that was missed from the disregard scheme set up to allow gay and bisexual men who were unjustly convicted under old sexual offences laws to have that crime wiped from their criminal record. The offence, Section 32 of the Sexual Offences Act 1956, titled “Solicitation by men”, also referred to importuning for immoral purposes and was used right up until repeal in 2003 to arrest men for the simple act of chatting one another up in the street or suggesting that they should return to their home. Arrests were often made in police stings, where plain-clothes police officers encouraged gay or bisexual men to approach them. It was a key tool used by the police and the criminal justice system to create the climate of fear that hung over gay and bisexual men trying to meet each other right up to the early 1990s.

Currently, men convicted under this Section 32 offence cannot have their offence deleted, so they still face having it registered whenever they have a criminal records check made for employment, volunteering or other purposes. When I spoke to this in Committee, the Minister responded to my proposal in an open and positive way, and I am pleased to say that through discussion with her and officials we have developed an holistic approach that not only ensures that safeguarding can be watertight but gives us an opportunity to include other offences that may have been used imaginatively and perniciously in the past to unjustly prosecute gay and bisexual men.

My amendment gives the Home Secretary the ability to lay down regulations, subject to affirmative action, to amend the Protection of Freedoms Act 2012 to add in additional offences to the disregard scheme where it is shown that they were used in a persecutory way to regulate the lives and activities of gay and bisexual men in the past. We are taking this approach for two very good reasons.

First, Home Office officials will now need more time to do due diligence on the case law related to the Section 32 “Solicitation by men” offence to ensure that when it is included in the scheme convictions under the offence that would still be illegal today it cannot be open to being deleted from the record. Although there is plenty of evidence and case law demonstrating how Section 32 was used unjustly against gay men in particular, it had a wider scope and it is important that we ensure that anything that remains illegal today is excluded from the disregard scheme.

Secondly, there is also evidence that other more general offences were used to catch and prosecute gay and bisexual men, such as meeting up, kissing in public and other activities that would be totally legal today. The approach in the amendment will give Home Office officials the scope to investigate these other offences, and as evidence of unfair prosecutions arise the Home Secretary can extend the scope of the disregard scheme to ensure that every gay and bisexual man unjustly convicted in the past can have their criminal record deleted.

My amendment will also ensure that any regulation that provides for people still alive to have their offence deleted will also extend the pardon to people who are no longer alive. I am extremely pleased that the Minister is co-sponsoring this important amendment and consequential amendments. Although people who are still alive will still need to make an application to have their offence disregarded so that it can be checked against the conditions and then physically removed from the criminal record, the effect of a disregard is much more powerful than a pardon. In supporting the amendment I believe that the Government have the opportunity to send a message to the LGBT community in particular that the disregard scheme and the automatic pardon for people who have since died are all about atoning for the actions of past Governments. It is in effect an apology and a sincere attempt to right the wrongs of the past.

It also gives us the very important opportunity to raise awareness of the disregard scheme with people who could benefit from applying to have their old conviction or caution deleted from the record. I hope the Government will work with the LGBT media, Stonewall and other organisations to send the message out about who can benefit from applying and to make sure that the process is as straightforward as possible.

Taking the lead from the noble Lord, Lord Lexden, I wish to thank others who have contributed so valiantly to these amendments and to the cause of equality: the noble Lord, Lord Sharkey, other noble Lords, and my noble friend Lord Kennedy for his comments in Committee. More importantly, a lesson I learned at a very early age is the importance of saying thank you where it matters most. I want to close by thanking the noble Baroness, Lady Williams, personally for the work that she and her officials have put into the amendment. This is an opportunity to do that which is just, right and necessary; and I am proud that we are so doing.

--- Later in debate ---

Moved by

[Lord Cashman]

181D: After Clause 149, insert the following new Clause—
“Power to provide for disregards and pardons for additional abolished offences: England and Wales
(1) The Secretary of State may by regulations made by statutory instrument amend section 92 of the Protection of Freedoms Act 2012 (power of Secretary of State to disregard convictions or cautions) so as to add further offences to the list of offences specified in subsection (1) of that section.(2) An offence may be added to that list only if—(a) it was an offence under the law of England and Wales,(b) it has been repealed or, in the case of an offence at common law, abolished, and(c) either—(i) the offence expressly regulated homosexual activity, or(ii) although the offence did not expressly regulate homosexual activity, it appears to the Secretary of State that those responsible for investigating occurrences of the offence targeted occurrences involving, or connected with, homosexual activity.(3) Regulations under subsection (1) adding an offence may also amend section 92 so as to provide that, in relation to the offence, condition A is that it appears to the Secretary of State that matters specified in the amendment apply (in substitution for the matters specified in subsection (3)(a) and (b) of that section). (4) Regulations under subsection (1) may make consequential amendments of Chapter 4 of Part 5 of the 2012 Act.(5) Regulations under subsection (1) adding an offence must also provide for any person who has been convicted of, or cautioned for, the offence to be pardoned where—(a) the person has died before the regulations come into force or the person dies during the period of 6 months beginning with the day on which they come into force, and(b) the conditions specified in the regulations are met.(6) Those conditions must correspond to the matters that are specified in condition A in section 92 of the 2012 Act as it applies in relation to the offence (that is, the matters which must appear to the Secretary of State to apply in order for condition A to be met).(7) Subsection (5)(a) does not apply in relation to a person who dies during the period of 6 months if, before the person’s death, the person’s conviction of, or caution for, the offence becomes a disregarded conviction or caution under Chapter 4 of Part 5 of the 2012 Act (and, accordingly, the person is pardoned for the offence before death under section 149(3) of this Act).(8) The regulations must make provision which has a comparable effect in relation to the pardons provided for by the regulations and the offences to which those pardons relate as section 148(4) to (6) of this Act has in relation to the pardons provided for by section 148(1) to (3) and the offences to which they relate.(9) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(10) In this section, “caution”, “conviction”, “disregarded caution” and “disregarded conviction” have the same meaning as in Chapter 4 of Part 5 of the 2012 Act (see section 101 of that Act).”

--- Later in debate ---

Moved by

[Lord Cashman]

181E: Clause 150, page 168, line 26, after “149” insert “, or under regulations under section (Power to provide for disregards and pardons for additional abolished offences: England and Wales),”

Asylum Seekers

Lord Cashman Excerpts

Tuesday 1st November 2016 Lords Chamber

[Baroness Williams of Trafford]

I have to confess to my noble friend that I have no idea how many languages are involved, but I can find out for her.

[Lord Cashman (Lab)]

My Lords, does the Minister agree that any civilised society is judged on how it treats those most in need? Is it not therefore unacceptable that refugees and others who are destitute have to rely on charitable organisations?

[Baroness Williams of Trafford]

My Lords, we are all doing our bit to help. With the agreement of the French, we have been in France helping to process some of the claims of people coming over to this country. If people, particularly asylum-seeking refugees, are to integrate into this country, we must, as the noble Lord says, make them welcome and all do our bit to help.

Orlando Terrorist Attack

Lord Cashman Excerpts

Monday 13th June 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

First, I say to my noble friend that our reports say no British citizens were impacted, and I am pleased to hear that all are safe. That said, he is right. I agree with his sentiment that we as Britain deal with these issues head on, and that means bringing people and communities together. The best response to any extremist or terrorist threat is to unite against such threats. By doing so, as we have done previously and are doing again today, we will show extremists of any guise that we will defeat their voices of evil.

[Lord Cashman (Lab)]

My Lords, as a member of the lesbian and gay community, I recognise that this attack on our community is an attack on us all, but does the Minister agree that we must not match hatred with hatred? We must inform and educate, and, above all, we must ensure that this extremism is not represented as coming from any one religion, theology or community. We must show that we have the quiet determination to resist it and ensure that such actions never happen again.

[Lord Ahmad of Wimbledon]

I totally agree with the noble Lord’s sentiments, and of course agree that no religion endorses such acts of evil and hate. Recently we have seen sectarian issues arise here in the UK and indeed my own Muslim community was impacted in that way recently by the incident in Glasgow. Actually, my Ahmadiyya Muslim community puts forward a great slogan: “Love for all, hatred for none”.

Immigration Bill

Lord Cashman Excerpts

Wednesday 9th March 2016 Lords Chamber

[Baroness Ludford]

The answer to that, as I said at the beginning, is to apply the law more efficiently. There is every benefit in making things above the law and in regularising people’s right to work. The more we can bring people into the light of day—what they are doing, whether they are legally in the country and whether they have a right to work—the better for enforcement. What is so pernicious for public confidence in the asylum system is the idea that so much of what is done is not being properly regulated, enforced or managed. That is where the concentration and the focus has to be. Like my noble friend, I fully support this amendment.

[Lord Cashman (Lab)]

My Lords, I will be brief and make a couple of very quick points. There have been references to bogus asylum applications. If there are such applications, we should not punish those who are sincere and make valid ones. Equally, this amendment addresses a human rights obligation. Every civilised society is judged by how it treats those most in need. In this respect, the Government are sadly wanting and I urge them to accept this amendment.

[Lord Bates]

My Lords, I begin by paying tribute to the noble Lord, Lord Alton, for the way that he moved his amendment. Nobody could be unmoved by the way in which he presented the arguments, or by his clarity and compassion. They were very persuasive. Before I put some remarks on the record, I will just say—very carefully and respectfully—that as I was sitting here listening to the debate, I was wondering whether perhaps your Lordships did not quite understand what is happening or being proposed here. It is not being proposed in the Immigration Bill before us today that somehow we change the law so that asylum seekers who were hitherto able to work and earn a living are no longer going to be able to do so. That is not what is being proposed in the Bill.

In fact, up until 2002, it was an established policy that people could stay and work after six months. Forgive me for using party tags here, but I hope that the House will bear with me; I am not trying to make undue party-political points, but I want to set out the complexity of the issue. Then, in 2005, the previous Labour Government, as a result of opting into the 2003 EU receptions conditions directive, which sets out the minimum benefits and entitlements afforded to asylum seekers while they await a decision on a claim, changed the Immigration Rules, allowing asylum seekers to apply for permission to work in the UK if they had been waiting for more than 12 months for an initial decision on their case. That was the choreography: we are not talking about a proposed change now—this was changed back in 2005 under the previous Labour Government.

Asylum: Sexual Orientation

Lord Cashman Excerpts

Monday 20th July 2015 Lords Chamber

[Lord Bates]

That was indeed one of the recommendations. Recommendation 4,

“Ensures that all asylum claims recorded on the grounds of sexual orientation are accurately recorded as such”.

I expect that that recording and keeping of records will help us to identify where problems might exist in the system.

[Lord Cashman (Lab)]

My Lords, first, I declare an interest as a founder of Stonewall. Will the Minister encourage the Government to work in conjunction with the UK Lesbian & Gay Immigration Group, the Human Dignity Trust, the Kaleidoscope Trust and Stonewall, so that we deal sensitively with people who apply for asylum at probably their most vulnerable time—when they enter this country—and that their sexual orientation in no way becomes a bar to their gaining entry or consideration for asylum status?

[Lord Bates]

The noble Lord is absolutely right, and of course, in addition to that not being a bar, the persecution of that particular social group is one of the reasons why they might be granted asylum under the Geneva Convention. The UK Lesbian & Gay Immigration Group is a member of the national asylum stakeholders group, to which we referred earlier, so I absolutely endorse what the noble Lord said.

Modern Slavery Bill

Lord Cashman Excerpts

Monday 17th November 2014 Lords Chamber

[Lord Cashman (Lab) (Maiden Speech)]

My Lords, I rise for the first time in your Lordships’ noble House, and in so doing I respect the normal courtesies of thanks and recognition. But this time it is so very different.

I seek no support, no sympathy in what I am about to say, because it is a matter of fact—though, to me, of huge significance. Three days before I was introduced to this noble House, my partner of 31 years, and husband of eight years, Paul Cottingham, died after a ferocious battle with cancer. Before he died, I spoke of maybe postponing my introduction to another time. We spoke, too, of him attending with the necessary medical assistance. It was not to be. But his insistence was that I enter this House, this noble House, and nobility it has shown me and Paul’s family. Kindness and understanding have come from all quarters: the catering personnel; Mr Phipps and the doorkeepers; the staff and officers; Nicola Rivis in Black Rod’s office; and your Lordships. That is why my thanks today are not part of the usual courtesy: they are as urgent and sincere as any I have ever felt. This is public life at its best. I thank the leader of the Opposition, my right honourable friend Ed Miliband, and his staff, particularly Anna Yearley and Rachel Kinnock, for the love, care and deep affection they have shown me; and—if noble Lords will allow me—the all-embracing care of my Labour Party family. I have found this truly humbling.

My journey to this House has been, in comparison to the lives of others, good. Yet I am fully aware that I have not achieved a place in your Lordships’ House on my own. Thousands of generations of people before me have made possible what I have today by their sacrifices and through the challenges, discrimination and persecution that they faced; minorities of all different hues, but all experiencing one thing in common—inhumane and degrading treatment.

As a gay man who grew up in the fifties—and after the ray of hope of decriminalisation in the 1960s there followed new legislative discrimination in 1988—I can never forget the sacrifices of LGBTI people, and the sacrifices they are still making, despite progress, today. It is through them and because of them, and other much maligned and misrepresented minorities, that I am here today. I do not take that responsibility lightly. Indeed, I am deeply honoured to have recently been appointed as the leader of the Opposition’s global envoy on LGBTI issues—a challenging task.

Of course, at times I will fail. However, if to succeed is our objective, then to fail in trying to do so should be understood. All human beings who imagine a better future, which we do with this Bill, and seek to achieve it, will fall short. It is the intention, the persistence and the weight of time and respect for it that matter most, especially when giving a voice to those who otherwise would remain unheard and unnoticed. That is why I wanted to speak in this debate today, because central to the issues we are discussing are human rights and civil liberties—or rather the denial of those rights.

I make no pretence at being an expert on the minutiae of the Bill, but since when has that ever stopped anyone offering their opinion? However, I have listened carefully to those who are experts and it is clear that there is room for improvement—as noble Lords have already outlined—in particular, in relation to overseas domestic workers; migrant workers; specific offences of child and adult exploitation; measures relating to the supply chains of UK companies; and coherence with the Gangmasters Licensing Authority.

It is worth reminding ourselves that these practices are not happening in some remote part of the United Kingdom or on the other side of the world; they are happening in our cities, our towns, our villages, in the things we buy, the services we employ and the people we subcontract. It is all around us: the exploitation of women, children and men—women, children and men who dare to imagine a better life, and seeking that better life are impoverished and subjected to inhumane and degrading treatment. It has always happened in our society, and it has always happened to migrants in particular. It happened to generations of migrants who made their way to this beacon of democracy, fleeing wars, famine, persecution and wanton discrimination—like my own family, who crossed continents and then the Irish Sea—arriving not welcomed but abused. It is happening still.

Those of us in public life should always be careful about the language we use. Each and every time migrants and minorities are defamed and misrepresented, there are consequences. If we dehumanise people, is it any wonder that others feel they have a licence to treat them as subhuman? The search for the scapegoat has happened for centuries and never more so than in times of economic downturn. However, I sense I am straying into the used bathwater of controversy so I merely say this. I have every hope that the Bill will address these abhorrent injustices. I therefore also hope that the Minister will take on board amendments to deliver effective and dissuasive measures across the board. Now is not the time to reinforce a hierarchy of equality.

Before I pay my final thanks, let me quickly put the Bill into a broader context. I believe that at the heart of everything we do, we should reinforce the concept of civil liberties and responsibilities, and universal human rights. The Council of Europe and the European Convention on Human Rights were both born from the ashes of the Second World War—so too was the concept of the European Union—ensuring that all citizens would have a basic set of transferable rights; that borders would not inhibit those human rights; nor would one group, nationality or minority be bartered away for another’s short-term gain or short-term freedom.

I state that because it has become all too fashionable to argue for change without knowing what you actually want to achieve. The EU, born out of the ashes of the Second World War, has at its heart a small set of fundamental principles that must not be diluted. To do so, especially in times of economic downturn and crisis, would once again raise the ugly face of narrow nationalism, pitting nation against nation, minority against minority. In the end, it is always the individual who suffers.

Finally, I cannot help but reflect that I was born in Limehouse, east London, three weeks before my time, primarily due to my mother attempting to defend my father in a street fight outside Stepney East station. It has been a long road, with many a fight along the way, metaphorically, and I am sure that there are more to come, but the results have been worth it. So, as I began, I thank my dear friends Lady Turner of Camden and Lady Kinnock for agreeing to sponsor me into this noble House. They are two noble ladies whom I have had the comfort and privilege to work with and admire and whom I hold in the highest esteem. I thank your Lordships.