Beyond Brexit: Policing, Law Enforcement and Security (EUC Report)

Lord Davies of Gower Excerpts

Friday 11th March 2022 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I begin by congratulating the committee on producing such a detailed and operationally relevant report that highlights the essential areas of operational policing, particularly where this concerns international cross-border working. I realise that we have moved on, but I make no apology for returning to the issue of the Schengen Information System, which concerned me greatly during the months leading up to the trade and co-operation agreement in December 2020.

There can be no doubt that, in adopting the Interpol database in lieu, the UK reduced itself to accepting a far less efficient and effective real-time system. As the report points out, the effectiveness of the Interpol system relies heavily on the willingness of EU states to additionally upload the same information on to it that they circulate on the SIS. Indeed, one senior police officer remarked to the committee that this was a significant loss of capability in terms of access to data.

It was also interesting to note the need to make technical improvements to the UK system so that the Interpol system is available to front-line law enforcement in minutes, as opposed to hours. I am therefore very keen to hear from the Minister what action has been taken to improve those technical issues and what information, if any, is available to identify any loss of effectiveness which may have been encountered by the surrendering of the SIS.

It was encouraging to note the warm remarks from law enforcement on the agreement on Prüm, allowing the exchange of information in relation to DNA, fingerprints and other essential data. However, future alignment in relation to Prüm is less clear.

As someone who worked in organised policing for many years in eastern Europe, I was saddened to note the remarks on the UK’s future role in Europol. Professor Mitsilegas remarked that he did

“not think it will be the same, which it is a great shame, because Europol is a great example of the UK’s influence in justice and home affairs”,

a

“model of intelligence-led policing that has largely been exported from the UK to the EU, and now, sadly, you are a third country.”

Another witness also

“regretted the diminished influence the UK would have as a third country in Europol”,

saying:

“This is a clear demonstration of that operational downgrade, and it is particularly unfortunate in the context of Europol, because the UK has played such a significant role in the future direction and intelligence-led policing focus of Europol.”


Mr Rodhouse of the NCA highlighted in particular that the UK would not

“be part of the Europol management board in the future”—

something that I bitterly regret, and I support all those comments.

Can the Minister give me and, indeed, the House an assurance that while we still have the UK Liaison Bureau, our relationship with Europol will be even further improved as we head into uncharted territory with issues on our borders with organised criminality as a result of the implications of the war in Europe and refugees fleeing hostilities?

This is an excellent report and gets to the nub of the matter in relation to problems raised as a result of our exiting the European Union. I am pleased to have been able to highlight just a couple of them and look forward to what the Minister has to say in reply.

Nationality and Borders Bill

Lord Davies of Gower Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, what a great pleasure it is to follow the noble Baroness, Lady Jones of Moulsecoomb.

I understand and appreciate the intentions behind the Bill and, in particular, I recognise the challenges it seeks to address. The Bill has many aspects that I would wish to comment on in the time allowed, but I will confine myself to what has led to the need for this legislation—the issues created by unscrupulous organised gangs of criminals who prey on vulnerable people of all ages by illegally facilitating their entry into the UK by crossing the channel from France to England. Let us not forget that these are people at risk who are in the main seeking refuge from a variety of issues, be it conflicts, persecution or aggression in their own country. It is, of course, only humanly right that as a nation the UK shows compassion to those in their hour of need and provides the necessary sanctuary to those properly seeking our help. Of that there is no doubt at all, but, of course, this brings me to the heart of the matter.

The question arises as to why these migrants, having arrived in a safe country within the European Union, put all at risk in order to cross one of the busiest shipping channels in the world, having paid what is usually an extortionate sum of money to travel in what amounts in many cases to no more than a rubber dinghy with paddles. Maybe French hospitality is not quite what it is made out to be, but it is clear that these migrants would not be able to make their voyages across the channel without organised criminals facilitating their passage. The Bill seeks to address the issue of refugees arriving illegally, distinguishing between those who arrive directly from a country or territory where their life or freedom was threatened and those who do not.

My real concern—I take the opportunity of Second Reading to express it—lies with the marked lack of effectiveness of those tasked with combating cross-channel illegal immigration. It might well be said that if our law agencies were more effective in countering these gangs, parts of this Bill would be superfluous. What troubles me most is an apparent lack of cohesion between the agencies with regard to the use of intelligence. From previous experience, I am more than aware that knowledge is power, and, as a consequence, organisations, including law enforcement, are often drawn into intelligence silos.

As it stands at the moment, from what I am given to understand there is every reason to believe that this is the case in relation to the agencies tasked with countering cross-channel illegal immigration. Whether it be the National Crime Agency, the various police forces, Border Force, HM Customs or any other interested agency, there is a clear failure to have any effect whatever on the numbers crossing the channel. So I am not convinced. As robust as the Bill might seem, whether it will have any influence on the numbers crossing the channel is doubtful. After all is said and done, that should be the goal in order to prevent some of the most horrible drownings that we have witnessed in recent times.

I can see that the Bill is a step forward, a brave attempt indeed, in the battle to deter immigrants from entering illegally by streamlining what in reality amounts to a very difficult process. August 2020 saw the appointment of a Royal Marine, Dan O’Mahoney, as the Clandestine Channel Threat Commander. We were given to understand that in this new role Mr O’Mahoney would be leading the UK’s response to tackling illegal attempts to reach the UK. He would have the primary responsibility for making the channel route unviable for small boat crossings. He would collaborate closely with the French to build on the joint work already under way, urgently exploring tougher action in France, including stronger enforcement measures, adopting interceptions at sea and the direct return of boats. The Home Secretary said:

“Dan’s appointment is vital to cutting this route by bringing together all operational partners in the UK and in France”.


It does not seem to be the case. It is now reported that the number of people who crossed the English Channel in small boats last year was treble the number in 2020. According to the BBC, it shows that at least 28,431 migrants made the journey in 2021, despite huge UK hard-earned taxpayer contributions being invested in France to prevent crossings.

Last November, just over 1,000 people reached British shores aboard 33 boats. This wholeheartedly supports my theory of a lack of co-ordination with regard to intelligence and, in particular, the apparent lack of collaboration with French counterparts by Mr O’Mahoney and others. I strongly maintain that until there is proper intelligence co-ordination, particularly with the French—where that is possible, post Brexit—no amount of legislation will solve the illegal immigration problem in respect of the channel crossings, in my humble opinion.

To conclude, the fact remains that, as vigorous as the Bill is in dealing with those who have arrived illegally in the UK, the primary objective of any law enforcement agency must be the prevention of crime at whatever level. In that, I fear, we are being failed at all levels by those entrusted with that task.

Police, Crime, Sentencing and Courts Bill

Lord Davies of Gower Excerpts

2nd reading
Tuesday 14th September 2021 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I begin by calling noble Lords’ attention to my previous service in the Metropolitan Police. I look forward very much to my noble friend Lord Sandhurst’s maiden speech this evening.

I do not need to remind your Lordships that the Bill covers many aspects. In the time allowed, I will dwell, perhaps superficially, on just a few that I feel are particularly noteworthy at this stage. First, I am delighted that the police covenant is to be enshrined in law at long last, ensuring that the police will always have the support of the nation. Having been at the coalface of policing for many years, I think that this is an important step forward in recognising the daily dangers faced by police. I congratulate the Home Secretary on ensuring that police, support staff and the families who stand behind them will all receive that special recognition that they all deserve. This will create a statutory duty to do more to support the police, placing a requirement on the Home Secretary to report annually to Parliament on progress on the covenant and to ensure that it applies to all those currently in, and—I am delighted to say—retired from, policing roles.

Quite apart from the challenges of everyday policing, police officers are governed by a strict discipline code, which rightly imposes a standard of behaviour far in excess of that expected from the rest of society—so I am delighted that the covenant recognises that working within policing comes with a high level of personal accountability, duty and responsibility, requiring courage and personal risk, both on and off duty. Much of this has been on display during the pandemic, which has seen policing challenged and portrayed in an unpopular light at times.

On the issue of assaults on police and other emergency workers, I share the views of the noble Lord, Lord Pannick, in respect of the sentencing policy of courts. Of course, I fully support the increase in sentencing from one to two years; indeed, I would go further and increase it to five years. However, I believe that the important point here is for the courts to use the power of sentencing more effectively as a deterrent. Assaults on police and emergency workers should be viewed as among the more serious offences, but they are often trivialised by ineffective sentences in the courts. Assaults on paramedics, firefighters and police attending emergency calls should and must be dealt with through forceful sentencing. I call on the Ministry of Justice to be firm in its guidance to the courts on this issue.

I turn to another point. The Police Federation of England and Wales has successfully campaigned for a time-limit amendment to be included in the Bill, in respect of disciplinary investigations. I agree with it that, too often, officers are subjected to long and lengthy investigations without just reason. I have witnessed this myself during my police service, and, as the federation rightly points out, it is a common occurrence for officers under investigation to see their cases drag on for longer than one year, with some lasting as long as eight years. Quite apart from the stress, pressures and unjust nature of such prolonged investigation, it is often the case that officers are found to be acting quite properly but have been subjected to a lengthy disturbance of their career path. Therefore, I fully support the Police Federation’s call for a time limit of 12 months for disciplinary proceedings brought against officers to be introduced, excepting of course that there are sometimes circumstances where 12 months might not be possible.

I come to Part 3 and Clauses 55 to 61, which, in essence, introduce changes to the way that protests are policed in England and Wales. This is perhaps not the time to analyse in great depth the arguments for and against—there is little doubt that this aspect of the Bill will create much debate during its journey through your Lordships’ House—that time will come. However, there is little doubt in my mind that the behaviour in recent months of particular groups of demonstrators on the streets of London, and in the vicinity of Parliament more specifically, has established a clear need to distinguish between the rights of demonstrators to demonstrate and the rights of people and businesses to go about their lawful employment without fear and without being obstructed and prevented from doing so.

It is my firm belief that police should be given every tool available to support them in this task, but I fully realise and recognise the need to carefully balance police powers against those very genuine people and organisations that feel the need to have their voices heard—so I look forward to the progress of the Bill, which I will add my voice to as it makes its way through your Lordships’ House.

Police: Body-worn Videos

Lord Davies of Gower Excerpts

Wednesday 7th July 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

Again, that is a pertinent point. Clearly, every case is different. Police getting evidence to court may well be undermined by material that has been released online beforehand, which may undermine the criminal justice system. A number of factors have to be considered when police are getting evidence to court, but I go back to the point made by the noble Lord, Lord Harris of Haringey: speed is clearly of the essence not only in seeking out justice but in improving public confidence and scrutiny of these issues.

[Lord Davies of Gower (Con)]

My Lords, does my noble friend the Minister agree that early release of material from body-worn videos would play a major role in preventing certain sections of the media and, indeed, politicians of a particular mindset, from jumping in too soon and criticising police action where they have acted appropriately? I cite the Clapham Common vigil as a first-class example.

[Baroness Williams of Trafford (Con)]

My noble friend is right that selective release of video can paint a very different picture from what actually happened. This point has been made again and again. It is absolutely right that these things be released quickly and brought forward in a way that does not undermine the criminal justice system that ensues.

Daniel Morgan Independent Panel Report

Lord Davies of Gower Excerpts

Tuesday 22nd June 2021 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I too pay tribute to the family of Daniel Morgan and to the late Paul Flynn MP, who pursued this matter relentlessly on behalf of the family. The failure of the Metropolitan Police to identify and prosecute any person or persons responsible for Daniel Morgan’s death is deeply regrettable, and I extend my heartfelt sympathy to his family. This was clearly a failure of investigative leadership and of others at the top of the organisation.

The Metropolitan Police has been accused in this report of being institutionally corrupt. By definition, an institution consists of those people within it. I was one of them for 32 years, so let me state clearly that I was not corrupt, neither were the tens of thousands of police officers and support staff who I had the privilege of working with over those years. I do not accept, and neither do my former colleagues—including the noble Lord, Lord Blair of Boughton, the former Metropolitan Police Commissioner—that there is any evidence whatever of systematic corruption in the Metropolitan Police, now or previously. The report has failed miserably to substantiate this general allegation, which frankly is a slur on the reputation of those police officers who have so diligently pursued terrorists and organised criminals and who daily face the dangers of policing this great capital. Sadly, I fear the report will be remembered solely for this unfortunate misrepresentation. I ask the Minister to join me in rejecting the baseless allegation of institutional corruption.

[Baroness Williams of Trafford (Con)]

If I can, I will echo the words of my noble friend Lord Davies of Gower. As I said earlier, thousands of police officers patrol the streets of Greater London, putting themselves in danger and helping the lives of the members of the public whom they serve. The Home Secretary is looking into the institutional defensiveness that goes hand in glove with this report, but it is important to remember that we owe an absolute debt of gratitude to the thousands of police officers who keep us safe.

Napier Barracks Asylum Accommodation

Lord Davies of Gower Excerpts

Monday 14th June 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

As I said to the noble Lord, Lord Rosser, we believed that we were taking reasonable steps to give effect to the PHE advice on the steps to make accommodation as safe as possible. The advice that PHE set out was that self-contained accommodation should be used where available but, if not, how non-self-contained accommodation should be used. I have to say that we acted in an unprecedented health pandemic to ensure that asylum seekers were not left destitute. We took steps, in response to advice from health authorities, and have continued to make improvements throughout. In its letter to the chair of the Home Affairs Select Committee, the PHE set out that we have been working with it on Covid matters since spring last year.

[Lord Davies of Gower (Con)]

My Lords, we have heard that the High Court found in the Home Office’s favour in a number of areas, not least in rejecting the claim that conditions at Napier amounted to inhuman or degrading treatment. Surely Napier barracks is nothing less than a distraction from the real issue of the French authorities failing dismally in their duty to protect seaborne migrants by preventing them leaving the safety of French shores. Given the enormous contribution that the British taxpayer is making towards this effort in France, can the Minister give an explanation that I can take back to the many people who are, frankly, baffled by the inadequacies of French law enforcement in preventing migrants crossing the channel?

[Baroness Williams of Trafford (Con)]

I fully concur with my noble friend that any journey across the channel is perilous and, as we have seen on many occasions, leads to people who take those journeys dying or ending up in the sea. The only people who benefit from those journeys are the criminals who facilitate them. We continue to work with the French to ensure that people do not take those journeys from the French coast. To that extent, we hope that things will improve.

Stop and Search

Lord Davies of Gower Excerpts

Wednesday 3rd March 2021 Lords Chamber

[Lord Davies of Gower (Con) [V]]

As a former police officer, I recognise the importance of stop and search as a tool—but training is a recurring theme in the report, which is clear that:

“The results of our review of stop and search records suggests that supervisors need further training on their responsibilities and how best to supervise their officers’ use of stop and search powers.”


It goes on to say:

“Research shows that lasting improvements are only achieved when a force’s culture promotes diversity, inclusion and equality.”


I argue that these ingredients are the responsibility of those at the top and throughout the organisation to develop and engender. Does my noble friend agree that if the police are to rid themselves of accusations of disproportionality, they must first address these training issues at all levels?

[Baroness Williams of Trafford (Con)]

I totally agree with my noble friend because good training and, as he said, diversity, with enforcers, should really improve the performance in this area. Training is crucial because, unless these officers are trained, they will not be equipped to deal with these issues.

Operation Midland

Lord Davies of Gower Excerpts

Thursday 11th February 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I have met the family of Lord Janner. I am not sure that it would be appropriate at this point to meet Lady Brittan, which does not mean that my sympathy for her is any diminished from what it is for anybody whose family member has been falsely accused of something they did not do.

[Lord Davies of Gower (Con) [V]]

My Lords, I declare an interest as a former Metropolitan Police officer. The inexcusable and hapless supervision of this matter from the very top of a once proud and competent investigative organisation has left a trail of victims feeling very hurt and bitter. Spurred on by unforgivable political interference, those supervising and having overall responsibility for this investigation permitted uncorroborated evidence from a now disgraced fabricator of evidence to be believed and invested in. That fact speaks volumes for the lack of management and detective ability of those at the top of the organisation at the time, who have now been allowed to move on to more prominent roles. Are we to understand that the Home Office, as the lead government department for policing, is content for this stigma to fester; and is it not time to review the downward spiral of detective recruitment and training in the Metropolitan Police?

[Baroness Williams of Trafford (Con)]

I agree with my noble friend that anybody who has been falsely accused or caught up in some of the inadequacies of investigations has my absolute sympathy, because it ruins lives; but in terms of remedy of institutional failures, we currently have the IICSA inquiry, and I hope that that will bring some sort of closure to the families and people affected by those institutional failures.

Police National Computer

Lord Davies of Gower Excerpts

Tuesday 19th January 2021 Lords Chamber

[Lord Davies of Gower (Con) [V]]

[Inaudible]—that the Home Office is moving swiftly to rectify what we now learn was the result of human error. That error was in fact exposed by the Times last week. What troubles me—this has already alluded to by the noble Lords, Lord Rosser and Lord Paddick—is the latest report, again in the Times, that the Metropolitan Police Commissioner has apparently told the Home Office that the police has lost confidence in its ability to complete big IT projects—that is really serious—and that

“the Home Office was warned 18 months ago that a lack of investment in ‘creaking’ databases put the public at ‘significant risk’”.

That is at odds with the opening paragraph of this government Statement. Does the Minister accept that this, combined with the loss of access to certain EU databases from 1 January this year, now has the potential to present us with a perfect storm with regard to our security and policing? What plans do the Home Office have to alleviate this problem and to reassure law enforcement agencies and indeed the public?

[Baroness Williams of Trafford (Con)]

I do not disagree with my noble friend that the confidence of the police and our operational partners is absolutely crucial to the delivery of these systems. Many of our systems are of course large and complex, and some of them date back some time—the noble Lord, Lord Paddick, talked about the Motorola project. We share the concerns about delays. That is why we are reviewing delivery, to ensure that projects are delivered as efficiently as possible to protect the public. As I said to noble Lords previously, I have taken a personal interest in the ESMCP because it is an absolutely crucial project to get right and to get delivered without any further delay.

Domestic Abuse Bill

Lord Davies of Gower Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Lord Davies of Gower (Con) [V]]

My Lords, domestic abuse is abhorrent—a cowardly offence which takes place behind closed doors and often, through fear or embarrassment on the part of the victim, goes unreported and unnoticed. I am therefore delighted to see this Bill before your Lordships’ House.

In my policing experience, I have found that it is not confined to a particular section of society. It is fair to say that alcoholism and the effects of drug taking play a part in many of the cases which come to notice. Neither can it be said that it is confined to a particular age group. According to the Older People’s Commissioner for Wales, many thousands of older people in Wales experience domestic abuse—a single or repeated act by their partners, which causes harm or distress to them as well as to other members of their family. I wish to address issues concerning older members of our society.

Some older people will have experienced domestic abuse for most of their adult lives, whereas it may have started for others as they reached older age or developed particular health conditions. In the commissioner’s view, it is therefore difficult to know the true scale of domestic abuse faced by older people, as existing available data relies on reports to adult safeguarding teams and the police, which of course do not show the level of abuse that remains hidden behind closed doors. For example, the available statistics in Wales show that during 2018-19, 1,321 reports of domestic abuse of people aged over 65 were made through local authority safeguarding teams, and in 2017-18, almost 3,500 domestic abuse incidents with an older victim were reported to the police in Wales.

Despite the levels of domestic abuse faced by older people, and the fact that one in four domestic homicide victims in the UK is aged over 60, there is an alarmingly low prosecution rate for all crimes committed against older people. Only around 1% of all crimes committed against an older person lead to a prosecution, compared to around 19% for all crimes committed.

The Crime Survey for England and Wales is a key source of data on the prevalence of domestic abuse, but has traditionally not collected data on the experiences of adults over the age of 74. Without this data, the voices and experiences of this age group risk being ignored and not considered when decisions are made about the allocation of resources to support victims of domestic abuse. As a result of the attention drawn to this issue, I understand that the ONS has agreed to remove the upper age limit on recording domestic abuse in the national crime survey. This means that everyone aged 75 and over will be able to record their experiences as victims of domestic abuse.

I agree with the Older People’s Commissioner for Wales when she says that to increase the visibility of domestic abuse of older people, as well as the rate of reporting and prosecution, it is vital that more is done to raise awareness among the public and professionals about older people’s experiences of domestic abuse and the support available to those at risk of, or experiencing, abuse.

As well as understanding the effect that dementia can have on experiences of domestic abuse, research has identified that a disabled person is at twice the level of risk of experiencing domestic abuse of a non-disabled person.

The availability of specialist support services and older people’s awareness of them is often very limited, meaning that older people will often remain in or return to an abusive situation, which can negatively impact on their health and well-being and put them at risk of harm. Services are also not effectively targeted at older victims, and do not always meet their needs. In many cases, older people experiencing abuse often have difficulty accessing alternative and suitable housing options that meet their needs; this applies equally to accessing refuge provision.

The Covid-19 pandemic has been a particularly difficult time for older people living with abuse, and the lockdown measures put in place have also created situations where older people may be at greater risk of abuse. Many of the usual opportunities to identify abuse—through contact with professionals at routine appointments, for example—have been limited, which means that older people could be missing out on potentially life-saving help and support.

The Bill can effect change for older people. I welcome it and look forward very much to making further contributions as it progresses and gives succour to abused persons of all age groups and backgrounds.