Passport Office

Debate between Lord Dholakia and Lord Taylor of Holbeach

Thursday 12th June 2014 Lords Chamber

[Lord Dholakia (LD)]

My Lords, what advantages does my noble friend see in removing the Passport Office’s agency status? Will he ensure that at some stage there are discussions in your Lordships’ House on this matter?

[Lord Taylor of Holbeach]

I assure my noble friend that if such a move were undertaken, I am sure that we would have an opportunity to debate its implications here. It is a matter that the Home Secretary has quite rightly asked the Permanent Secretary to investigate, and no doubt he will be reporting back shortly. If I have information, I will ensure that the House is made aware of it.

Queen’s Speech

Debate between Lord Dholakia and Lord Taylor of Holbeach

Monday 9th June 2014 Lords Chamber

[Lord Dholakia (LD)]

My Lords, I welcome the gracious Speech and the opening remarks of the noble Lord, Lord Faulks.

Time constraints have obliged the coalition Government to propose fewer legislative measures than has been the case in the past. This is a good example for future Governments. We have learnt that knee-jerk reactions or chasing headlines are not sensible ways in which to run the country. Just look at the plethora of criminal justice legislation promoted by political parties in the past. Many of the measures have become irrelevant to the changing situation in the country. Some of these measures have still to be implemented.

The past four years have seen some important changes for the better in the criminal justice system. The iniquitous IPP sentence has been abolished. Legislation has restricted the unnecessary use of remand in custody. The prison population has increased at a significantly slower rate than under the previous Government, and estimates of the future prison population have been scaled down.

It is particularly encouraging that there has been a dramatic reduction in the number of juveniles in custody, falling by 55% in the past five years. The number of women in prison has also fallen, from 4,200 in 2010 to 3,800 now. The Government have continued to commit to funding for a national network of liaison and diversion services at police stations and courts to divert mentally disordered offenders to treatment and care. We have passed legislation which, for the first time, will provide prisoners serving sentences of less than 12 months with supervision and support on release.

The Government are taking steps to reduce the indefensible racial disproportionality in the use of stop and search. They have passed legislation to promote the use of restorative justice in the criminal justice process—here thanks are due to the initiative taken by the noble and learned Lord, Lord Woolf. They have implemented reforms to the Rehabilitation of Offenders Act which will reduce the scope for unfair discrimination against former offenders in the job market and, because employment reduces reoffending, will also increase public safety. The Queen’s Speech announced two further welcome pieces of legislation in the modern slavery Bill and the Serious Crime Bill, which will contain measures to combat slavery, organised crime and child neglect. So far, so good. Regrettably, however, there are some clouds on the criminal justice horizon.

With a general election approaching, the past few months have seen signs of a heightened temptation for politicians to indulge in knee-jerk reactions which do nothing to promote justice or public safety. For example, the Secretary of State for Justice has recently banned the transfer of anyone who has previously absconded from an open prison. This means that an inadequate offender who absconds after receiving distressing news from his family, then thinks better of it a few hours later and hands himself in cannot be transferred back to an open prison later in his sentence. It is true that a small number of prisoners have gone out from an open prison and committed serious offences. However, in 2012 there were 485,000 releases on temporary licence and only 26 prisoners were arrested on suspicion of committing an offence—a rate of five failures in every 100,000 releases. It makes sense to be as rigorous as possible in assessing prisoners’ risk before transferring them to open conditions. However, it is not sensible to introduce sweeping restrictions on the use of open establishments, which greatly reduce overall reoffending by enabling prisoners to be released into the community on a gradual basis rather than suddenly after a period in completely closed conditions.

Over the past few weeks, we have seen the prison population start to rise sharply—by more than 500 in the second half of May—and this may well be in response to the tough rhetoric which is beginning to emerge as a general election approaches. During the next year, we would like to see the Government resist the temptation to engage in knee-jerk reactions or punitive rhetoric. Instead, they should use the next year to promote a series of further measures to improve our criminal justice system, either by implementing them during this Session or by preparing the ground for their implementation in a future Parliament.

First, we need to take further steps to reduce the unnecessary use of imprisonment. This country still uses imprisonment at a higher rate than any other western European country. We have 149 prisoners per 100,000 of the population compared with 100 in France and 77 in Germany. Why is there such an anomaly? Many prisons remain seriously overcrowded and more than 19,000 prisoners are held two to a cell designed for one person. At the same time, the need for public expenditure restrictions has led to a reduction in the number of prison officers relative to the number of prisoners: from 2.9 prisoners per officer in 2000 to 4.8 prisoners per officer last September. This reinforces the case for using prison more sparingly, particularly as community sentences have lower reconviction rates than prison sentences for comparable offenders. We should prohibit courts from using prison, except for dangerous offenders, unless they have first tried an intensive community supervision programme. We should also convert the sentences of existing IPP prisoners into determinate sentences once they have served a period equivalent to double their tariff.

Secondly, the Government should implement the recommendation of the draft Voting Eligibility (Prisoners) Bill Committee by enabling prisoners to vote if they are serving sentences of 12 months or less or are in the last six months of their sentence. It is now 10 years since the European Court of Human Rights judged that our blanket ban on voting by convicted prisoners violates the European Convention on Human Rights. The longer we continue to ignore our obligations under international law, the longer we are adopting a position which sits badly with our insistence that prisoners and other offenders should respect the rule of law. Respect for the rule of law involves an obligation for nation states as well as individuals to abide by binding legal rulings and not to pick and choose by abiding only by decisions that they choose to accept. We should waste no further time in making this relatively limited change, for which there are strong arguments based on considerations of citizenship and rehabilitation.

Thirdly, we should build on the welcome recent legislation which provides for restorative justice when sentences are deferred by making restorative justice one of the statutory purposes of sentencing and by enabling courts to include specific restorative justice requirements in community orders and youth rehabilitation orders.

Fourthly, the Government should reinforce the steps they are taking to reform stop and search by placing a clear statutory duty on all criminal justice agencies to adopt numerical targets for reducing racial disproportionality in their operations.

Finally, the Government should grasp the nettle and raise this country’s unusually low age of criminal responsibility—currently the lowest in Europe—from 10 to 12. The current position is incompatible with our obligations under international standards of juvenile justice and the UN Convention on the Rights of the Child. Dealing with children of this age through non-criminal processes would hold out more hope of diverting them from offending than subjecting them to punishments in a criminal court. A short criminal justice Bill containing these measures would provide a legacy of which the coalition Government could be proud.

I know that noble Lords from all parties with an interest in the criminal justice and penal system will continue to press for changes along these lines, not only during the current Session but throughout future Parliaments. Let me conclude with a word of caution. We have yet to study detailed provisions of legislative measures proposed by the Government. We are also aware that we have a short parliamentary timetable available to get these measures through both Houses of Parliament. I trust that the Government will accept these sensible amendments. Let us work together so that sensible amendments form part of effective legislation.

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

My Lords, perhaps I can interrupt at this stage of the proceedings in the absence of a Whip to say that we have an advisory time of five minutes. I am most grateful for the contribution made by the noble Lord, Lord Dholakia, but I know that other noble Lords will wish to move on, and I hope that they do not mind being reminded of that.

Ellison Review

Debate between Lord Dholakia and Lord Taylor of Holbeach

Thursday 6th March 2014 Lords Chamber

[Lord Taylor of Holbeach]

I am grateful to the noble Lord for intervening on this. He speaks from considerable experience of the responsibility that my right honourable friend Theresa May has in looking at this matter. He will know how seriously it has been taken.

I agree with him about the Daniel Morgan case. The Statement specifically refers to the fact that the panel should be advised and should take note, and should continue its work in the light of the allegations of corruption—which must be proved by investigation—relating to the officer who has been mentioned, and in the light of any connection there may be between the Stephen Lawrence case and the police investigation into the Daniel Morgan case.

[Lord Dholakia (LD)]

My Lords, to many of us, 20 years seems a very long time, but the memory of that day is fresh to many noble Lords who are here today. I do not underestimate the contribution made by the noble Baroness, Lady Howell, in the early days in convincing Jack Straw to mount this major inquiry. It has continuously demonstrated the issues that are now being identified in this report.

We are still not able to answer why some police officers mounted a cover-up of this magnitude. We thank Mark Ellison and the Home Secretary, Theresa May, who has made a very positive response to the inquiry. Is there any reason why the inquiry looking at the role played by undercover agents, and the extended work of Mark Ellison and Chief Constable Creedon, could not go hand in hand? Another year of agony and waiting is a very long time. Two of the most serious allegations relate to the payment allegedly made by the father of one of the accused to the police and to the role of the IPCC, which failed to identify the wrong done by the police. Will the Minister take note that the trust of the black community has now been eroded to such an extent that any delay in getting to the truth may cause lasting damage? It is for this reason that I ask the Minister to publish the stop and search report that is now being held up at No. 10.

We ought to say to the noble Baroness, Lady Lawrence, who is in her place, that we cannot bring back the precious life she has lost, but we must put right the system that has caused so much pain and distress. We ought also to say that the sentiments and humility expressed by the Minister are why the world envies the democratic process we have in this country.

[Lord Taylor of Holbeach]

I thank my noble friend Lord Dholakia for his words. He asked specifically about stop and search. As noble Lords will know, the Home Secretary reiterated her view on stop and search in the response today. We are looking to bring forward changes in practice in this area. I agree that it is one of the elements of current policing that has led to tensions that cannot be conducive to harmonious community relations in this country.

My noble friend also asked if the two inquiries, Creedon and Ellison, could work more closely together or side by side, or be merged into one single inquiry. They are slightly different, and are doing different things. Frankly, in my view, the priority is to get the criminal prosecutions out of the way so that we can get a public inquiry in place to investigate the whole picture as quickly as possible. I know that Chief Constable Creedon and Mark Ellison have been working together. It is important that they share as much information as they are able to.

Undercover Policing

Debate between Lord Dholakia and Lord Taylor of Holbeach

Monday 24th June 2013 Lords Chamber

[Lord Taylor of Holbeach]

Many senior police officers are aware that there is far too much focus on management and not enough on leadership. It is, after all, the police force that we are talking about. Police forces need leadership and command and a sense of direction and focus. All that the noble Lord has said, from his vast experience, points to the disappearance of some of that focus in modern policing. The Home Office is determined to get it back. I hope that addresses the issues that concern him.

[Lord Dholakia]

My Lords, this is one of the most positive Statements to have emerged from the Home Office on this episode. Obviously, differences of opinion remain about the nature of the inquiry. I will make three points.

First, we endorse the sentiment expressed with regard to the tragedy and the further agony that the Lawrence family will experience on realising that the undercover operation was actually trying to implicate them—the nasty part of British policing. Two questions arise. The Macpherson inquiry talked about institutional racism. Would that inquiry have stopped talking about institutional racism if it had known that the police were involved in such an undercover operation? Would it not have recommended at that stage the need to criminally investigate police who were involved in this undercover operation? I raise this because there has been botched operation after botched operation in the investigation of this case.

My second point concerns the nature of the investigation, which the noble Baroness from the Opposition spoke about. I have full confidence in the IPCC and how it is supervised. However, public perception is still that the police and others tend to investigate themselves no matter how one supervises them. I do not believe in that. In this case, it is matter of innocent people against whom the police acted wrongfully. We need clear answers and that can come about only through an independent investigation.

The third point, if the Minister could reply, is that whereas one endorses what he says about covert operations where matters of national security are involved, this is an ordinary family who had lost a family member. What is the matter of national security in relation to this case? The sooner we get to the root of this problem with an independent inquiry, the better for British policing.

[Lord Taylor of Holbeach]

My noble friend is absolutely right. The Macpherson inquiry was only as good as the information that was made available to it. I said in my earlier response that if the Macpherson inquiry had had knowledge of the allegations that we are now aware of, there would have been a fuller investigation of this particular aspect, which may have changed the tone of that report even further.

I emphasise that the Ellison inquiry is an independent report. It stands outside the police force. However, we know that we need the police to investigate these sorts of matters. They are the vehicle in this country—they have the powers of arrest. They have the power and we need that power if we are going to pursue these allegations fully. Having Mark Ellison working alongside them, investigating the scope of these investigations at the same time, we have that degree of independence, which justifies the parallel passage of these inquiries and investigations.

Visas

Debate between Lord Dholakia and Lord Taylor of Holbeach

Monday 17th June 2013 Lords Chamber

[Lord Taylor of Holbeach]

I certainly would be prepared to meet the noble Baroness and any people she wishes to bring along. As I have emphasised, we want to expedite visa processing. Ninety-four per cent of visas are processed within 15 days. That is a pretty good figure. It can be improved but 94% are processed within 15 days and, in the case of China, the figure is 99%.

[Lord Dholakia]

My Lords, what arrangements are in hand to review the decisions of entry clearance officers? My noble friend will be aware that in the past immigration adjudicators overturned the decisions of entry clearance officers in many cases. How do we ensure that there is no bias in the way decisions are taken, particularly as regards family visits and visits to attend marriages and funerals, when people wish to be in the country for a very short period?

[Lord Taylor of Holbeach]

I am grateful to the noble Lord. He has a strong focus on this issue. Indeed, the noble Baroness, Lady Hamwee, is presenting a report, which we will be debating shortly, on the whole question of family visas. We need to make sure that we have a proper balance between safeguarding our own position and our commitments within the wider communities here in the United Kingdom and, at the same time, facilitating visits to this country.

Police: Racism

Debate between Lord Dholakia and Lord Taylor of Holbeach

Thursday 25th April 2013 Lords Chamber

[Lord Taylor of Holbeach]

Of course, that hazard would apply to any candidate. However, I am confident about that policy and I believe it will enhance the policing profession. I have some figures here. There are 6,604 BME officers in the 43 forces in England and Wales, representing 5% of total police officer strength. The proportion of those of chief inspector rank or above is only 3.7%. I think that bears out the point that the noble Lord is making, one with which I do not disagree. There are too few at that level.

[Lord Dholakia]

My Lords, I thank the Minister for a very helpful Answer. Does he not agree that, 20 years after Stephen Lawrence was stabbed to death and after the Macpherson report on institutional racism, it is time to look at this issue again? In particular, does he not agree that it would be right to ask HM Inspectorate of Constabulary to undertake a thematic review of race relations policies to see what progress has been made since then?

[Lord Taylor of Holbeach]

Since the Macpherson report, which was the initial report, as noble Lords will know, there have been a number of allegations. Indeed, currently there is a review investigating allegations of a conspiracy to cover up this case. We will take that review seriously. It does not alter the fundamental strategy, which is to try to make sure that police numbers and the ethnic make-up of policing reflect the communities that they serve.

Police Integrity

Debate between Lord Dholakia and Lord Taylor of Holbeach

Tuesday 12th February 2013 Lords Chamber

[Lord Taylor of Holbeach]

It is intended that an enhanced vetting process will apply to all senior appointments within the police force. All police recruits should be vetted at the point of recruitment, but the vetting process for senior posts within the police will be enhanced.

[Lord Dholakia]

My Lords, as one who was a member of the former Police Complaints Authority who now serves on the small review group looking at serious cases for the IPCC, I welcome what the Minister has just announced. Perhaps I may ask him two questions. The first relates to the point raised by the noble Lord, Lord Condon, about the implications of a transfer of resources from local areas to the IPCC. Has the Minister worked out the figures that we are talking about, bearing in mind that the cuts that have been imposed on police forces are causing serious problems in local areas? Has he worked out what the implications of the transfer might be, because many lower level cases are best dealt with at the point at which they occur; that is, in the local area. Secondly, the Minister mentioned the powers that are required by the IPCC and said that we can expect legislation. Will he consult not only the IPCC but the many other relevant organisations which have repeatedly raised concerns about the existing powers of the IPCC? What will he do to ensure that their views are taken into account before the legislation is formed?

[Lord Taylor of Holbeach]

On the noble Lord’s latter point, if there is to be legislation, there will have to be a period during which Parliament and the wider public will be engaged in considering what might be in it. On resources, the Home Secretary will write to the IPCC, Her Majesty’s Inspectorate of Constabulary, PCCs and the college itself to seek detailed proposals on how the transfer of resources might take place and over what period. I think that will help the noble Lord, Lord Condon, in his question to me. This is a matter of consensuality. I think that there is sufficient consensus within the police service to enable this to be done on a consensual basis, recognising that integrity in policing is holistic and not specific to one particular force.

Ibrahim Magag: Disappearance

Debate between Lord Dholakia and Lord Taylor of Holbeach

Tuesday 8th January 2013 Lords Chamber

[Lord Taylor of Holbeach]

I can confirm the latter point. The last time he was seen, he was reported as getting into a taxi.

The noble Baroness misconstrues the nature of the TPIM system, which succeeds the control order system but is designed to provide proportionate supervision for people where evidence does not exist to secure a conviction. The only true way of dealing with terrorists is to find the evidence to convict them and to put them into prison; that is the only secure place that we can put them. That is a process of law for which we require evidence. TPIM is a mechanism whereby we can at least prevent the movement and control the location of individuals in the way that we have done.

[Lord Dholakia]

My Lords, Parliament rightly put TPIMs at the heart of our intelligence, but in the case of Ibrahim Magag they obviously did not work. Is the Minister satisfied that the system, particularly the machinery and equipment available, is adequate for the operation? If not, what further improvements are necessary?

[Lord Taylor of Holbeach]

We can, of course, always review the circumstances of this particular incident in the light of experience, but we know that the resources available to deal with people such as Magag are considerable, and that they have been designed to prevent things like this from happening. As I said, it is very difficult to prevent people from absconding. We know that it happened under the old regime; this is the first—unfortunate—case under a TPIM.

Immigration: Home Office Meetings

Debate between Lord Dholakia and Lord Taylor of Holbeach

Monday 3rd December 2012 Lords Chamber

[Lord Taylor of Holbeach]

That is exactly the message that the Government are sending. In fact, as has been shown in the most recent reports, university numbers are holding up very well. UCAS acceptances of international students are up by 4%, showing that our policies are having the right effect. There was a 1% increase in visa applications for students attending universities. The university sector now accounts for three-quarters of sponsored visa applications, up from about half in the equivalent period last year.

[Lord Dholakia]

My Lords, at my noble friend’s next meeting with the Chief Inspector of Borders and Immigration, will he insist on records being kept of cases of domestic violence where there is evidence that judicial decisions on permanent settlement have been overridden by the Executive?

[Lord Taylor of Holbeach]

I have recently written to the noble Lord because he asked a similar question last week on this issue. Obviously, it is important that we have a regime that is capable of ensuring that people who come to this country are fit and proper persons to be here.

UK Border Agency

Debate between Lord Dholakia and Lord Taylor of Holbeach

Tuesday 27th November 2012 Lords Chamber

[Lord Taylor of Holbeach]

I am afraid that I have not been following what the Mayor of London has been saying.

[Lord Dholakia]

My Lords, does the UKBA await the outcome of court judgments on domestic violence cases before the right to settle in the UK is granted? Is the Home Secretary consulted before the UKBA exercises such authority over judicial decisions?

[Lord Taylor of Holbeach]

The noble Lord has asked a specific question to which I cannot give a detailed answer, except to say that the rules governing entrance into and settlement in this country are extraordinarily complex. We had an opportunity to debate elements of them yesterday. I will investigate the matter and write to the noble Lord.

Census

Debate between Lord Dholakia and Lord Taylor of Holbeach

Monday 13th June 2011 Lords Chamber

[Lord Taylor of Holbeach]

This is done on the basis of postcodes. The measure is designed specifically to include those postcodes where information has been difficult to obtain and to ensure that the information returned is valid. I thank my noble friend for pointing this out: the actual households may or may not have completed a form in the first place. This measure is designed to ensure that the information that is available is correct.

[Lord Dholakia]

My Lords, the information in a census is required by law in this country. Does this survey have a penalty attached to it if one refuses to answer any questions?