Child Abuse

Debate between Lord Clinton-Davis and Lord Taylor of Holbeach

Monday 7th July 2014 Lords Chamber

[Lord Taylor of Holbeach]

I obviously will not talk about any individual cases and I hope that noble Lords will understand why I will not do so. The whole point of the exercise is that there should be no hiding place.

[Lord Clinton-Davis (Lab)]

If any doubt affecting complete public confidence arises in the future, will Parliament be informed immediately? That is most important.

[Lord Taylor of Holbeach]

I think I can take it from the sentiments of the House and from the support that the Home Secretary’s Statement received in this House that if I felt the House needed to be informed I would not hesitate to seek the opportunity to do so.

Queen’s Speech

Debate between Lord Clinton-Davis and Lord Taylor of Holbeach

Monday 9th June 2014 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con)]

I suggest that that is a good point for me to come in to somewhat disprove the final comments of the noble Lord, Lord Hunt. However, before I do so, I should like to say to all noble Lords who have spoken that it is a challenge—in fact, almost impossible—to sum up a debate such as this, but it is also a privilege to have been able to listen to such a wide-ranging debate. We have talked about home affairs, law and justice, health and education. All those are important, as today’s debate has shown.

If noble Lords agree, I shall do my usual thing of writing a commentary on the debate and will circulate it to all noble Lords who have spoken. Obviously, in doing that, I shall need the help of my noble friend Lord Faulks. I shall also certainly need the help of my noble friends Lord Howe and Lord Nash, who will provide me with the technical expertise that I shall do my best to demonstrate in my brief comments. However, I am obviously way outside my comfort zone in certain of these areas.

Before I go on to comment, I should like to congratulate our two maiden speakers. It is not often that we have two excellent speeches such as we have heard today. My noble friend and the right reverend Prelate are from extremely different backgrounds and have different callings in life, but both demonstrated a determination to be good at what they felt they were called to do and, furthermore, they did so with a great sense of humour. I am delighted to welcome the right reverend Prelate the Bishop of Chelmsford to this House, and I am sure that we will hear from him; he has a lot to tell us. My noble friend Lord Glendonbrook, as I must learn to call Michael Bishop whom I have known for an awfully long time—before I came here and before he did—said that he is a great supporter of the D’Oyly Carte Opera Company. In many ways he has shown how one can be successful in business and successful in achieving other things in life that are important to so many other people.

I shall now turn to the matters in hand. The modern slavery Bill is warmly welcomed by noble Lords. I pay tribute to the noble and learned Baroness, Lady Butler-Sloss, and her committee. She is not in her place now but she was earlier today. The pre-legislative scrutiny committee has enormously helped the Government to present their Bill. We have been able to hear from two members of that committee today—the right reverend Prelate the Bishop of Derby and my noble friend Lord McColl. I am grateful for the support that the Bill has received. I have little doubt that there will be critiques. I expect that; it is what this House is good at. I thank all those who have welcomed the Bill. It was one of the things that my noble friend Lord Glendonbrook mentioned in his speech. My noble friend Lord Sheikh mentioned how international this phenomenon is and how important our contribution can be to what is a worldwide scourge.

My noble friend Lady Hamwee is right to explain that slavery has a broad definition. It is not confined to the sexual abuse of young girls and women, so I hope that I will be able to answer at least some of the points that people made. It may interest noble Lords to know that the modern slavery Bill will be introduced in the House of Commons tomorrow—10 June. At the same time, we will be issuing a response to the pre-legislative scrutiny committee. The right reverend Prelate and my noble friend Lady Browning asked about overseas domestic workers. The Home Office is focusing on improving domestic protection for vulnerable domestic workers by ensuring that they are informed about their rights and that immigration and border staff are trained to recognise potential victims of abuse.

The right reverend Prelate the Bishop of Derby asked why the Bill would not be legislating on transparency in supply chains. The Government are committed to tackling exploitation in private sector supply and will support businesses to tackle this issue. The Home Secretary will meet business leaders on Wednesday as part of the Government’s commitment to work with business to develop the most effective approach. If businesses take no action, they risk both their reputation and their profit. The noble Lord, Lord Hastings of Scarisbrick—I do not see him in his place at the moment—said that he felt that the Bill perhaps did not go far enough. The Bill will be a critical first step in stamping out this horrific crime, and it is something on which future generations will be able to build. I am pleased that, generally speaking, the Bill has been so welcomed.

The noble Baroness, Lady Meacher, asked about the whole question of child advocates. Indeed, the noble Lord, Lord Hunt, asked that I give a reply. Perhaps I may do so in this way: the Government are committed to improving the protection of incredibly vulnerable trafficked children. We have announced trials of new independent specialist advocates for child trafficking victims. The modern slavery Bill also legislates so that advocates have a statutory basis.

We are also concerned about the welfare of children where there is no evidence that they have been trafficked. All local agencies have statutory duties to safeguard their children and there is a major programme of reform to transform the system in this area. This is an evolving situation and clearly one of the reasons why the details in the Bill which will be produced tomorrow are of an enabling nature is because of the requirement to find out from these trials where we need to be to be effective in this area. However, let there be no doubt that we are determined to make progress on this issue.

The modern slavery Bill must improve support for victims and improve law enforcement, as my noble friend Lord McColl of Dulwich said. I thank him for the perseverance he has shown on this issue over seven years. It is because of individuals that the Government have been persuaded and have taken on this task. It is not an easy task but they have done so recognising that we now have an opportunity to make great progress in the area. We agree with the noble Lord about support.

On the Serious Crime Bill, to which a number of noble Lords referred, the Government welcome the support that the provisions have generally received. As noble Lords will know, the Bill was introduced on 5 June and our Second Reading will be a week today. My noble friend Lord Faulks was asked by the noble Lord, Lord Foulkes, about the provisions of the Bill in Scotland and I can confirm that the Proceeds of Crime Act changes will apply to Scotland. Indeed, a large portion of the Bill is designed to deal with Scotland and, it is to be hoped, Northern Ireland. The noble Baroness, Lady Smith, will know that we are determined to see the Proceeds of Crime Act fully implemented in Northern Ireland but we are dependent on genuine co-operation between the Government of Northern Ireland and ourselves to make a success of it.

I was asked by the noble Baroness, Lady Howe, about ISP filtering. She is right that it is an important matter and that there is still more to be done. However, I hope she will welcome the fact that the possession of anything that can be described as a paedophile manual will be a serious crime under the Bill. That in itself is progress and a way forward.

There were a number of other points. The noble Lord, Lord Noon, asked about the penalty for an offence under Section 6 of the Terrorism Act and felt that it was insufficient. We welcome his support for this measure. As he said, the maximum penalty for the offence of training for terrorism is currently 10 years’ imprisonment. We think this is appropriate and we have no current plans to increase it. However, the extension in the Bill extraterritorially will make an enormous difference. I agree that this is a serious problem which requires action and I hope that we have the support of the House in bringing forward these changes.

The noble Baroness, Lady Walmsley, asked whether we would get rid of the requirement to prove wilful neglect. The Government believe that the current offence of child cruelty in Section 1 of the Children and Young Persons Act is still effective and that the courts are able to interpret it effectively. We acknowledge that some of the language is outdated and that the law might be easier to understand if it was updated and clarified. This is why we are amending the 1933 Act to make it absolutely clear that children who are subjected to cruelty likely to cause psychological suffering or injury are protected by the law. I have noted the comments of my noble friend in this regard, and we can examine the detail of the changes when we reach the Committee stage. I am sure that we will have some good debates on the Bill.

A number of noble Lords mentioned policing. I recall a speech by the noble Earl, Lord Lytton, and the noble Baroness, Lady Smith of Basildon, also said that she is concerned about the way the Government are handling police corruption and police integrity. We have already introduced a comprehensive programme of reforms during this Parliament, including a beefed-up IPCC, which will have the capacity and capability to deal with all serious and sensitive cases involving the police. I do not agree with the noble Baroness that the IPCC should be abolished, but I do agree with her comment that the vast majority of officers work tirelessly to serve the public and work to the highest standards. Policing integrity is at the heart of the trust between the public and the police, and we must all work together to make sure that it is maintained.

The noble Lord, Lord Patel of Bradford, mentioned the position of 17 year-olds held in custody. He talked about the large number of people of that particular age. Recently we changed the law to ensure that they must have a suitable adult present and that their parent or guardian must as a matter of course be informed of their detention. We are currently reviewing primary legislation as it relates to 17 year-olds which treats them as adults. I hope that the noble Lord is pleased that we are on the case, one that he presented to us so ably in his speech.

My noble friend Lord Faulks is going to introduce the Criminal Justice and Courts Bill when it comes to this House. It will shortly finish its Commons stages. My noble friend Lord Goschen referred to the whole business of whip-lash claims. It is and will remain legitimate for lawyers to advertise their business in the areas where they practise, but we are primarily concerned about inducements to claim, not information about the claims process itself. However, we may return to this issue when we bring forward our proposals for consideration.

[Lord Clinton-Davis]

My Lords, I am much obliged. I do not know whether the noble Lord is going to deal with legal aid, but can he indicate in any event how much the Government propose to save through the amendments that they are introducing to legal aid?

[Lord Taylor of Holbeach]

I cannot do that because I do not have the figures to hand, but I know that a number of noble Lords have mentioned legal aid. I have no need to tell my noble friend Lord Faulks how important the issue is to this House because it has been the subject of lots of debates in the last Session of Parliament. I will make sure that we write with an update of where we are on legal aid—we will be most happy to do that. All noble Lords who have raised the issue can then be reassured on the point.

The noble Lord, Lord Ramsbotham, whose contributions are always good value, made an attack on the concept of the secure college and the lack of rules on the use of force to maintain good order and discipline. I have no doubt that we will have plenty of opportunities to debate this matter. The noble Lord will be aware that time spent in custody can represent a rare period of stability in a lot of young people’s lives. Some three-quarters of young people who leave custody reoffend within a year, so it is clearly an area where we need to be involved. The current system is not working well enough. Secure colleges will have education at their heart, with other services designed in support of educational attainment and tackling offending behaviour. Specifically on the question of force, as the Minister for Prisons has already stated, the Government intend to consult on secure college rules, including those in respect of force, and have committed to publish this consultation during the Bill’s passage. I hope that will give the noble Lord an opportunity to contribute to that discussion.

Many noble Lords talked about health. Indeed, it was helpful to have my noble friend Lord Howe here earlier in the proceedings. The noble Lords, Lord Patel, Lord Ribeiro and Lord Faulkner, talked about standardised packaging of tobacco. I can tell noble Lords that the Government will very shortly publish a final, short consultation, which will contribute to the final decision-making on this policy. The consultation could not be published during the period of the elections because of purdah. It is being finalised and will be published shortly.

I have been told that I have been going for 18 minutes. I am going to try to wind up but I want to try to cover points where I can. The Government are taking early action to introduce a ban on selling alcohol below the price of duty plus VAT. It does not go as far as the noble Lord, Lord Brooke of Alverthorpe, would wish but it goes a long way towards it. When further empirical evidence becomes available, we will consider it very carefully.

Why is there no Bill on the regulation of healthcare professionals? The Government remain committed to legislating on this important issue when parliamentary time allows. We are working with the regulators to ensure that key provisions, such as faster fitness-to-practise tests for nurses and midwives, and English language checks for all healthcare professionals, are in place during this Parliament.

A number of noble Lords spoke about residents in care homes being abused. We are introducing a new fundamental standard for care homes. We are bringing in specialist inspection teams involving people who have experience of care services. They will take action and will have the power to bring prosecutions if necessary. Noble Lords asked about the lack of action on carers. I apologise if I have not addressed all the health matters that noble Lords have raised but the Care Act was passed by this House at the end of May, including significant changes for carers, and for the first time there will be a duty on local authorities to meet carers’ eligible needs for support and consider the impact of their caring responsibilities when undertaking an assessment.

The noble Lord, Lord Rooker, made his usual stimulating speech. I cannot give him an answer on the points that he raised.

Alexander Litvinenko

Debate between Lord Clinton-Davis and Lord Taylor of Holbeach

Monday 24th March 2014 Lords Chamber

[Lord Clinton-Davis]

To ask Her Majesty’s Government whether they intend to reconsider their decision not to hold a public inquiry into the murder of Alexander Litvinenko, following the judgment by the Court of Appeal on 11 February.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con)]

My Lords, the Home Secretary has decided not to seek permission to appeal the judgment and will give fresh consideration to the exercise of her discretion to establish an inquiry. The Government continue to co-operate fully with the inquest into Mr Litvinenko’s death.

--- Later in debate ---

[Lord Clinton-Davis (Lab)]

I thank the noble Lord for his somewhat implausible Answer. The fact is that three eminent judges have concluded that the coroner was absolutely right, that the Government’s case was unconvincing and that a special inquiry was needed. As we have heard, the Government have not appealed against that. Why do the Government concede that a special inquiry might be adopted, not now but in the distant future? Is that sensible?

[Lord Taylor of Holbeach]

My Lords, the noble Lord is being rather uncharacteristically churlish about the Answer I gave. These are complex and sensitive issues, as I hope noble Lords will appreciate, and it is right that the Home Secretary gives proper consideration to whether or not to hold an inquiry. That is her right and we should support her in that.

Immigration Bill

Debate between Lord Clinton-Davis and Lord Taylor of Holbeach

Monday 10th February 2014 Lords Chamber

[Lord Taylor of Holbeach]

There is no specific exemption for the small landlord or landlady any more than there is for the small employer, as noble Lords will know. None the less, we will have the opportunity to debate the detail of these provisions when we get to Committee. In introducing the Bill at this Second Reading, I am trying to present those general principles which underline it.

I was starting to talk about health insurance. On migrant access to healthcare, the current position in the UK is very generous. While temporary migrants do not qualify for state benefits, those coming to the UK for more than six months usually qualify for free healthcare on their arrival in the UK. Unlike many other countries, we do not levy access charges or require health insurance. The Bill will address this by requiring non-EEA migrants who come here for more than six months to pay a health surcharge. The money collected will be channelled directly to front-line NHS services. Visitors and illegal migrants will not pay the surcharge; they will continue, as now, to be fully liable for the full cost of most NHS treatment charges. We have exempted a number of vulnerable groups from having to pay.

The health charge has been designed to be simple and cost effective to operate, avoiding administrative complexity that would erode the financial benefit to the taxpayer.

[Lord Clinton-Davis (Lab)]

If the Bill is so perfect, why do so many organisations concerned with immigration oppose it, and oppose it with vigour?

Police: Private Prosecutions

Debate between Lord Clinton-Davis and Lord Taylor of Holbeach

Tuesday 4th February 2014 Lords Chamber

[Lord Taylor of Holbeach]

My Lords, perhaps I may reiterate what I said in my opening response. I understand the concerns raised about the police assisting in a private prosecution with a promise of a share of compensation. We expect high standards from the police; I think all noble Lords would accept that. In particular, in this case, the Met received only overtime costs, which is right and proper. As I said, we will be updating the guidance to PCCs and the Met to make it clear that such agreements should not be entered into.

[Lord Clinton-Davis (Lab)]

My Lords, did not the Lord Chief Justice urge police chiefs to give urgent—I stress that word—consideration to a practice that undermined the reputation of the police for independence? He was deeply concerned about it. Those are serious observations; they come from an impeccable source, do they not?

[Lord Taylor of Holbeach]

Yes, indeed—I hope I have given the House an assurance that we take those remarks seriously.

Police: Racism

Debate between Lord Clinton-Davis and Lord Taylor of Holbeach

Thursday 25th April 2013 Lords Chamber

[Lord Clinton-Davis]

To ask Her Majesty’s Government what is their response to the allegation made by the Metropolitan Black Police Association that the Metropolitan Police Service is institutionally racist.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, the Government do not believe that the Metropolitan Police Service is still institutionally racist. It has worked hard to improve relations with communities and the representativeness of its workforce since the Stephen Lawrence inquiry. The commissioner has been clear that he will not tolerate racists in the force, and has publicly stated his determination to ensure that the force looks more like the community that it serves.

[Lord Clinton-Davis]

I thank the Minister for that reply. The Metropolitan Black Police Association has made very serious allegations to the effect that the Metropolitan Police is still institutionally racist, 20 years after the infamous Lawrence case. It has referred to the wholly disproportionate number of stop-and-search cases involving the black and Asian communities compared with the white. What is being done to address this alleged—I repeat “alleged”—situation?

[Lord Taylor of Holbeach]

My right honourable friend Damian Green, the Minister for Policing, recently met the National Black Police Association to discuss its concerns about race in policing and offered to work in partnership with the College of Policing because, as noble Lords will know, that new institution will be important in strategies such as this. There have been suggestions that elements in policing, as with other institutions, still sustain racist attitudes, but it is clear from the comments of the commissioner of the MPS, Sir Bernard Hogan-Howe, that he is determined, and he is supported by the Government in this regard, to stamp it out.

Prisoners: Voting

Debate between Lord Clinton-Davis and Lord Taylor of Holbeach

Tuesday 25th January 2011 Lords Chamber

[Lord Taylor of Holbeach]

I note what my noble friend says, but when we came into this House the Reading Clerk very carefully stated that we had a seat, place and voice in this place. We are truly privileged, for we are indeed Members of Parliament in our own right and need no one to represent us.

[Lord Clinton-Davis]

What is the Government’s view on the clear and tested proposition that the public are likely to be endangered? Do they agree that suitable steps should be taken to protect the public in those circumstances?

[Lord Taylor of Holbeach]

My Lords, I do not think that that necessarily affects the voting right of prisoners, which is a matter of a human right. How the Government facilitate that is a matter of debate. Indeed, there will be debates on this issue; one has been arranged for 10 February in another place. At the moment, the Government’s thinking is that this is not a blanket ban to be removed by a blanket enabling, but that there should be restrictions on which prisoners are entitled to vote. The view of the Government at the minute is that sentences of fours years or more should disqualify anyone from the right to vote.