(10 years, 5 months ago)
Lords ChamberMy Lords, I can enter a debate like this only with extreme trepidation. I should like to say first that we are debating the Bill in outline and that it will be very different when we have finished with it in Committee, so it is important that the Committee stage should be gone through properly. The second thing I should do is declare two interests. The first is shared by many, which is that I am 84 years old. I suspect that the second is not shared by quite so many: I have had cancer since 1997. Therefore in two senses I am in the frame for the provisions of this Bill. I thank the noble and learned Lord, Lord Falconer of Thoroton, and the noble and right reverend Lord, Lord Carey of Clifton, for extending their compassionate hand to me, but I have to say with the greatest courtesy, “Thank you, but no thank you”.
The reason takes us into the larger scale. I long to deal with many of the points that have been raised, but it seems to me that the great continental drift through which we are living—our tectonic plate in history—is as has been described in detail by the noble Lord, Lord Brennan. What takes control of legislation once it is out is the administration, and the context in which that happens is a peculiarly sinister one at the moment. First, as has been mentioned two or three times, we are becoming increasingly aware here in the United Kingdom of the limitations and great expense of care which, if it is to improve, will become even more expensive. The second is the limitations and huge expense, which is projected only to increase, of the National Health Service. The background to that is a recognition—which we are only now beginning to take on board in this country—of the dangers of a very rapidly increasing global population, impending shortages, and therefore strife over food and water.
An administration aware of these pressures can only think, “Not how compassionate but how convenient is this piece of legislation?”. It opens the door to a new concept of social priorities and social duties at the end of life. What I look forward to—my interest is limited because I shall not live that long—is the world in which my children and grandchildren will live, where there will be increasing pressures to regard people at a specified age, which no doubt will start very high but diminish as pressures increase, as being not very public-spirited if they go on. That is a whole new social climate, and I think that it is deeply hostile to the only thing that actually makes life in this world tolerable, which is the suffusion of love throughout society. Love is what makes the world go round; it is what makes it possible to live here and rejoice. Therefore I am in principle against the Bill, but I cannot say what the Bill will be like when we finish.
Finally, I declare another interest. It has been said three times, I think, that we need to change our concept of death. I heartily agree with that. My third declaration of interest is that I am a Christian. I regard death not as a pit but as a door; not as an end but as a beginning of something far more glorious. I tell your Lordships—those who will come to consider that in their closing days—that it is true, and wonderful, and you should seize hold of it and live more happily.
(10 years, 11 months ago)
Lords ChamberMy Lords, I shall begin with an explanation. I served for three years in the Home Office at the time when Lord Denning and others were at the height of their powers, and I have had a very happy hour listening to what is going on. It was very reminiscent of the past. My sympathy with my noble friend on the Front Bench deepened steadily throughout, but was slightly reduced during the intervention of the noble and learned Lord, Lord Brown.
I ask my noble friend simply this. First, when he comes to reply, will he confirm what has been asserted, that if the information described in the amendment had been available before the case was brought, the case would not have come to court? Secondly, is there any other circumstance, except that which has just been discussed, in which a British citizen is required to prove their innocence in the criminal law? Finally, am I not right in thinking that if my first question is answered with a yes—in other words, the case would not have been brought—surely at least the second leg of the intervention by the noble and learned Lord, Lord Brown, would fall because no jury would have had to give an opinion?
(11 years, 8 months ago)
Lords ChamberI know it is too long but it is worth getting on the record that the problems of mental health within the prison population remain and we need a more holistic approach to solving them.
My Lords, my noble friend referred to prisoners identified as being at risk of suicide. Can he tell us how many of those there are currently, how many are identified as having mental health problems of any sort, and how many staff there are who are qualified to deal with their mental health illnesses while they are in prison?
On the latter issue I will have to write to the noble Lord. On any one day in the Prison Service it is estimated that there are about 1,500 prisoners who are under care and supervision out of concern for the danger of self-harm or worse. I will have to write to the noble Lord about the actual number with mental health issues.
(11 years, 9 months ago)
Lords ChamberI think it was possible to have prison farms in the past. My noble friend is right about both the sustainability of such regimes and the benefit to prisoners. I am not sure that present circumstances would allow that, but I recently visited a prison in the north-west that had opened up a section of the land to develop an under-glass market garden. That was being very well used by the prisoners, who had gained great benefit both from the training that they received there and the personal satisfaction that such work gave.
My Lords, my noble friend acknowledged the value of rehabilitation. Will he acknowledge the even greater value of people being prevented from getting into crime and say what plans there are to start skewing the budget away from punishment and towards prevention?
The Government’s whole policy is to try to divert people from crime. We are looking to develop many more mentoring schemes to enable people who are vulnerable to be helped with their addictions and problems in a way that will divert them from crime.
(11 years, 10 months ago)
Lords ChamberNot at all, and I am very grateful to the noble Lord for enabling me to clarify the position. The noble Lord, Lord Puttnam, was quite right to say that I referred to a possible amendment to the Bill. However, I was talking not about this Pandora’s box but about the recognition of a code, just as we recognise codes in the Data Protection Act. We recognise codes in statute and I can see that there is a place for that.
In conclusion, where do we go from here? It is very important that this House should not start imposing detailed, prescriptive clauses that are not in Lord Justice Leveson’s report. His wish was to see an independent regulatory body established.
I will just mention that it will not have escaped the notice of the House that another important debate is taking place at this very moment in another place. The two debates may seem to have nothing at all in common, except of course that they have the same Secretary of State, but I believe they are both important because both have significance far beyond their obvious and immediate import. Both debates are about the proper role of the state. In both cases, the world is watching to see what sort of country we want to be. Will we assert our belief as free citizens and organisations taking greater responsibility for our own lives and actions, and our support for freedom, diversity and fair and equal treatment before the law?
I ask your Lordships to consider those key points because the alternative is that the state should have an even greater role, both compulsive and compulsory, in arbitrating over what is an acceptable form of expression and what is not. Before I had the honour of joining your Lordships’ House, I was in another place for 21 years and I learnt at first hand how frustrating it was when the will of this House conflicted with that of the other place. However, I quickly learnt to respect the judgment and special qualities of this House. Time and time again, this House has demonstrated the virtues of experience, tempering partisanship and hotheadedness that sometimes characterise another place with the calm consideration and wisdom that reign here. I just hope that noble Lords will follow the same path today because freedom of expression is too important, too precious and too hard won to be legislated upon in haste or in anger. I want to hear from the Minister as to the way forward that the three political parties wish to take. A solution is well within our grasp; let us get ahead, but not this way.
My Lords, before we come to the Front Bench speeches, may I ask for some help for lay Members of the House and point to an opportunity? An enormous amount rides upon my noble friend’s very convincing and confident undertaking to deliver an acceptable and effective solution by the middle of this year. Many others have had that ambition and failed; there is a danger that he may fail. It seems we would then have a situation where nothing can be done for a very long time. The Minister would be giving a great help to the House if, between now and making his speech, he could get clearance for an undertaking that if a satisfactory solution is not arrived at by the end of this year, or indeed by its middle, then legislative time should be brought in so that we can have a statutory system instead—and not wait to extend the 67 years into three quarters of a century.
My Lords, today’s excellent debate has strong echoes of the occasion on which we first received the Leveson report. Your Lordships may recall that on that occasion we had to have two Statements; one was given by the then Leader of the House, the noble Lord, Lord Strathclyde, who said that he was speaking for the Government, and the other was given by, let us say, another government Minister—did we are discover in what capacity it was that the noble Lord, Lord McNally, was speaking? The point is that on that occasion, all three major parties claimed to be supporting what Lord Justice Leveson was recommending. The noble Lord, Lord Strathclyde, said,
“Lord Justice Leveson sets out proposals for independent self-regulation organised by the media. He details the key requirements that an independent self-regulatory body should meet, including: independence of appointments and funding; a standards code; an arbitration service; and a speedy complaint-handling mechanism. Crucially, it must have the power to demand upfront apologies and impose million-pound fines. These are the Leveson principles. They are the central recommendations of the report. If they can be put in place, we truly will have a regulatory system that delivers public confidence, justice for the victims, and a step-change in the way the press is regulated in our country. I accept these principles and I hope the whole House will come behind them”.—[Official Report, 29/11/12; col. 340.]
The noble Lord, Lord McNally, obviously quoting his leader, said:
“I have always said that I would support Lord Justice Leveson’s reforms, providing they are proportionate and workable … I believe that to be the case for the report’s core proposal for a tougher system of self-regulation, supported by new, independent checks, recognised in law”.—[Official Report, 29/11/12; col. 351.]
The other groups in your Lordships’ House were equally supportive. As my noble friend Lord Puttnam reminded us, that remained the situation when we had our extended debate on the report on Friday 11 January. Since the original publication of the report, the parties have been engaged in tripartite talks that have been ongoing for about two months. However, we hear that the pace of these has slowed down considerably in recent weeks, with the most recent scheduled meeting being cancelled by the Government and offers to meet and resume talks in the light of today’s amendments being rebuffed. It is worth recalling that when we entered the cross-party talks, we set the Government a deadline of the end of January to publish Leveson-compliant measures. It is noticeable that the Government have so far been unable to publish their proposals, although we know that they include at least one draft royal charter and some statutory underpinning.
At the heart of today’s debate is the question of whether we have independent self-regulation backed by law. We need statute because the current system of self-regulation has failed year after year for 70 years, and despite seven major reports. Trust, as the most reverend Primate said, is in short supply here—something has to happen. Lord Justice Leveson proposes a framework that provides for the continuation of self-regulation by the press but with a legal guarantee that self-regulation will be effective and independent and will continue to meet high standards. The role of the law, the legal underpinning, would be limited to setting up a body whose task would be to recognise the self-regulated system and to check it once every three years. Lord Justice Leveson said that this was essential to ensure that, despite all the protestations of change and good intentions, the press did not once again slip back into its old ways, as it has always done after all the other inquiries and reports.
We believe that Lord Justice Leveson’s answer to that decades-old problem is ingenious. It ensures that the press regulates itself independent of both the Government and its own interests, but it also ensures that there is statutory backing for the system. As I have indicated, there is wide agreement in Parliament that Lord Justice Leveson’s recommendations should be implemented. If we were in power, we would make every effort to get agreement to implement the Leveson proposals in full. We think that there is no credible argument for today, and that action should be taken forthwith—certainly by the end of the current parliamentary session.
While the Government have shared their suggestion of a royal charter and accompanying clauses with us in the talks—and with the newspaper industry, it should be noted—most MPs, Peers, lawyers and others with an interest have yet to see them.
The noble Lords, Lord Black and Lord Hunt, made interesting interventions in this debate today. I am bound to say that without the detail it is very hard to judge what they are doing and how they are going to do it, but I felt that neither of them commanded the support of the House.
It is now time for the Government to have the courage of their convictions. The status quo is not an option. We have drafted and published our Bill and so have others, including Hacked Off. While the talks have been useful and obviously will continue, the main decision here—whether it is to be statute alone or statute and charter—must now be discussed openly; the public must be able to scrutinise the proposals; the victims should be able to signify their consent; and Parliament, to which Lord Justice Leveson entrusted a key role in setting up the new system, must be given an early opportunity to decide.
As I said, there is a strong case for action being taken on an all-party basis; the victims, and the public more generally, expect that. The families who suffered press intrusion and gross violations of their privacy are still pressing for the changes that will protect people in the future from what happened to them. These victims have gone through, and, in some cases, are still going through, unimaginable suffering. They remind us by their evident presence why the status quo, unsatisfactory for decades, is not an option. We must act on Leveson’s proposals for substantial and lasting change.
The amendments so brilliantly introduced by my noble friend Lord Puttnam and supported by the noble and learned Lord, Lord McKay, the noble Baroness, Lady Boothroyd, and my noble and learned friend Lady Scotland are a reflection of the lack of confidence in, and the frustration with, the current process of implementing the Leveson proposals. There are some who feel that the apparent politicisation of the implementation process, because of alternative ideas such as the royal charter, takes us some considerable distance from Lord Leveson’s recommendations, and in so doing, erodes the trust of both victims of press abuse and the general public.
The purpose of the amendments in the name of the noble Baronesses, Lady O’Neill and Lady Hollins, is to tighten up the amendments tabled by my noble friend Lord Puttnam so that the new clause and schedules being inserted implement Lord Justice Leveson’s recommendations in a clearer and more effective way. These amendments are entirely consistent with the spirit of my noble friend Lord Puttnam’s amendments and aim to ensure that the Defamation Bill contains a fully workable version of the Leveson recommendations.
No one is claiming that the amendments answer the criticisms the Government might make about the drafting, nor that these amendments make the package “Leveson in full”, but they would, if passed, mark the beginning of a process to incorporate most of the Leveson recommendations into statute and they send a very direct message to the Government that the House wishes to see the Leveson report implemented. If they are passed this afternoon, as I hope they will be, your Lordships’ House will be doing a valuable service helping the Government of the day to do what at heart they say they want to do but which they have, to date, not been able to deliver.
So the questions we need to focus on are not the particular drafting of the amendments before us, because there would be ample time to sort that out at Third Reading, in the Commons or at ping-pong, but, under our procedures, that could not happen if we do not pass these amendments today. We must beware false choices. We were offered them recently in the sense that the allegation being made is that what is on offer is statutory regulation of the press. It is not. It may well be that what we have on offer today is not Leveson, it may be the back door but, as the noble Lord, Lord Skidelsky, said, the prospects of getting it through the front door, certainly not one with the number 10 on it, are quite remote. It could be characterised as being a first step down the road we need to take, and it changes the status quo. It will remind the Prime Minister and the coalition Government of the welcome they gave to the Leveson report when it was first published and, because a clock will have started ticking, remind them that too much time has already passed.
I suppose that the arguments that the Minister will give us shortly are that the Government are listening, that they can be relied on to act, and that they will be bringing forward consensus proposals which will be acceptable to all parties. He may suggest that all this can be done by Third Reading, which I understand is on Monday 25 February, immediately after our Recess. He may even promise publication of the Government’s proposals—that would be nice—and he may offer a revised timetable for more talks, which we would certainly look at. Can we take that risk? As the noble Baroness, Lady Boothroyd, warned us, tomorrow never comes. Is there credible evidence sufficient to believe that those responsible for the current delays are working to a deadline that delivers the necessary changes by the end of this Session? Even if you believe all that, what is the downside if we pass these amendments today? At heart, they genuinely offer the Government a chance to get this process back on track. Even if the Minister, when he comes to reply to this debate, gives your Lordships’ House an unequivocal assurance that he will bring back a government amendment on this topic which will deliver Leveson on Third Reading, I still believe that agreeing this amendment is what the people of this country want, and what the victims deserve.
When the Minister sits down, it will be for the proposer of the amendment to decide whether to test the opinion of the House. If he decides to do so, we on this side will support him.
(12 years ago)
Lords ChamberMy Lords, forgive me. I want to make, not a pre-emptive remark, but an introductory one. I apologise to your Lordships for intruding on your discussions on this particular amendment, but I am very surprised by the form and volume of the Marshalled List at Third Reading. Having been here for 39 years I do not recall there being anything like this in the past. I draw your Lordships’ attention to paragraph 8.142 of the Companion, and suggest that this is a matter to be considered by the Procedure Committee before we continue in the next Session.
My Lords, I understand that Amendment 5, to which I wish I speak, arises in particular out of concern that the House may unintentionally have been misled on Report. I support the noble Lord, Lord Avebury, on Amendment 5. I fully understand the argument deployed by the Government on Report—it would be absurd to allow a person regarded as dangerous back into the country in order to pursue an appeal. My concern is that legal practitioners understand the policy of the Home Office to be to wait until a person with leave to remain travels abroad before then making the decision to curtail their leave, with the express intention of depriving them of the right of appeal from within the United Kingdom. That seems to be difficult to reconcile with the rule of law. I ask the Minister in his response to Amendment 5 at least to give the House an assurance that decisions to curtail leave to remain will not be deliberately delayed until a person travels abroad, with the intention of depriving them of a right of appeal from within this country.
My Lords, I see that the Minister is eager to respond, which I can well understand. I do not intend to detain the House; the noble Lords, Lord Avebury and Lord Pannick, the noble Earl, Lord Listowel, and the noble and learned Baroness, Lady Butler-Sloss, have made some powerful points. There were some important questions there, particularly regarding the policy of the Home Office, to which it would be helpful if the Minister is able to respond.
On the point made by the noble Lord, Lord Elton, an unusually large number of amendments are before your Lordships’ House today for a Third Reading. I do not recall seeing as many in my time in this House or in the other place. I can see Ministers nodding in agreement. Perhaps they could consider whether the Bill’s needing considerable discussion has something to do with its inadequacy when it was first presented to your Lordships' House. Noble Lords have made great efforts, particularly where they have supported the Government’s policies in principle, to look at the detail. However, in many cases—and perhaps understandably given that three completely new sections of the Bill were not envisaged when the timetable was set, and given the changes of Ministers and changes of policy that we have seen—it has been very difficult.
I appreciate that time is limited today, and I do take issue with the scheduling. We have three important debates with a large number of speakers tonight, and it will be difficult to complete the business within the rules of the Companion, to which the noble Lord, Lord Elton, was right to draw the House’s attention, so I do not wish to repeat the comments that have been made. However, there are some important questions here.
I raised some questions on Report which came back to the issue of public safety. As the noble Lord, Lord Pannick, pointed out, people understand, and I think that the House understands, why if somebody is a danger to the public they should not have leave to remain. The question is about the process and why somebody becomes a danger to the public when they leave the country, as the noble Lord said, but not when they are in the country. There is an issue of process here and it would be helpful if the Minister were able to address those points. However, noble Lords who have already spoken, including the noble Lord, Lord Avebury, have raised and done justice to the issues, so I do not intend to repeat them, but I would be very interested in the Minister’s response.
Before the noble Baroness sits down, I should say that the Clerk of the Parliaments has kindly pointed out that I should have been looking at paragraph 8.143, not 8.142; therefore what we are doing is in order, but is far in advance of anything I remember in my earlier years. However, things do move on.
I readily concede the noble Lord’s encyclopaedic knowledge of the Companion, but I think the reasons why the amendments have been brought forward today are very good. However, it is unusual, and perhaps it would have been better to have had longer discussions about some of these issues, and to have had responses that satisfied the House earlier in the Bill’s proceedings.
(12 years ago)
Lords ChamberWe have only had one Conservative speak so I think it should be my noble friend Lord Elton.
My Lords, I come back to the involvement of statute. I was 12 years old when the first of the succession of reports on the misconduct of the press was published. I was not old enough to take much interest in it, but I have taken an increasing level of interest in the successive ones. Every report has concluded that the press has undertaken to behave better. I was greatly impressed by the proposals from my noble friends Lord Hunt and Lord Black but it comes down to the fact that if their working is dependent on the press fulfilling its undertakings to behave differently, then I hope my noble friend and his right honourable friend will look at the record before deciding how much weight to put on those undertakings.
My noble friend makes a very sound point, and it is extremely good that it comes from someone on the Conservative Benches with such long experience of these matters.
(13 years ago)
Lords ChamberMy Lords, I too would like to associate myself with the remarks of the noble Lord, Lord Ramsbotham. I do not know whether this is career enhancing or not, but I congratulate the noble Lord, Lord McNally, on his influence in his department. I do not know what he slipped into the water at the Ministry of Justice, but he might like to give a supply of it to the noble Earl, Lord Howe, so that he can do the same at Richmond House in relation to the Health and Social Care Bill.
I pay tribute to the Youth Justice Board under the leadership of Frances Done and John Drew, the chief executive. They have shown enormous resilience during this rather lengthy process in which a sword of Damocles has been hanging over them as to their future. It is a tribute to their professionalism that they have kept going and have continued to provide a sterling service. As the noble Lord, Lord Ramsbotham, said, during the London riots they did a good job and dealt with some very difficult situations. I think the whole House would want to pay tribute to their work.
My Lords, in the briefest speech yet, I wish merely to say that there is more rejoicing in heaven over one sinner that repenteth than over 99 troubled Ministers.
My Lords, we are absolutely delighted with this news. It is the triumph of sweet reason and I congratulate the Minister on what has been his absolute grit.
Just to say a brief word, it is difficult to exaggerate the importance of the work of the Youth Justice Board as it is currently operating. It works in the interests of the most vulnerable, difficult and challenging children. In doing so, the board is meeting the interests of us all as its work has implications for both our society today and the nature of our society tomorrow, of which these children will be part. It is also difficult to exaggerate the value and quality of the organisation that the YJB has become over the past few years under Frances Done and John Drew. Further, it advises the Secretary of State for Justice on the operation of the youth justice system. It is the overarching and co-ordinating body for the secure estate for children, for youth offending teams and, increasingly, for other government departments and agencies in both the voluntary and private sectors that make provision for children who offend. This is a great development and another reason why we should rejoice in the continued life of the Youth Justice Board as we know it.
It is worth reminding ourselves that, while the Minister, Crispin Blunt, already has wide-ranging powers of oversight in statute, he needs the wisdom and advice of a highly experienced and knowledgeable arm’s-length body that is expert in the field of children to inform and advise him. It is excellent to learn that he will continue to have that help from the YJB. I was going to say a bit more, as did the noble Lord, Lord Ramsbotham, about the board’s remarkable success in keeping the show on the road and doing such extraordinary work during the riots. It is a story that is not well understood or loudly told, but it has been absolutely extraordinary.
I end by saying that we are delighted and grateful that the work of the YJB can continue. It is the best possible news for the children whose challenges and needs can still be met, for their families and for society as a whole. We are the richer for this decision.
(13 years, 2 months ago)
Lords ChamberMy Lords, we will eventually discuss the various scopes in the legal aid Bill. The Government are satisfied with the scopes they have set in the Legal Aid, Sentencing and Punishment of Offenders Bill and believe that they cover the most vulnerable in family and domestic law. But I freely admit that we are going to have some interesting debates on the matter. I hope that that helps the noble Lord. The debate has yet to come to this House.
My Lords, the noble Lord has referred on a number of occasions to the “target time”. Can he give us the definition of that?
The target time is, I believe, two weeks for the settlement of accounts.
(13 years, 2 months ago)
Lords ChamberThe noble Lord, Lord Grocott, continues his search for the silver bullet that is going to shoot down Lords reform. The fact is that we are approaching the matter of war powers rather more seriously. Of course there is the matter of the power of the House of Commons, and we are considering carefully how such legislation would be couched. When the reformed House of Lords comes into being, as has been made clear by the Cunningham committee, the conventions between the two Houses will be up for re-examination but the conventions of the two Houses will still be in place. The Government have made it quite clear that it will be the House of Lords—sorry, the House of Commons, that will have the—[Laughter.] War powers are a rather serious matter. If the noble Lord would address it as such, instead of as one of his regular “catch them” questions, we could well debate it.
My Lords, my noble friend is mistaken in thinking that this is a flippant approach simply because it comes from somebody with a known record of trying to sabotage reform. Surely reform is intended to be democratic and representative. This House will not be representative unless it can represent those who elect it in all respects. This is the most important respect that is likely to come before this House. How can it be justified as a democratic reform if the House is to be silenced on this matter? If it is not to be silenced on the matter, the problem posed by the noble Lord, Lord Grocott, persists. Deadlock between the Houses would not only lead to uncertainty in the future but sap the morale of those who were eventually engaged in any conflict.
My noble friend’s last point is exactly why the Government are being very careful in thinking about just how these matters should be put into law and how Parliament should discuss them. However, the point raised by the noble Lord, Lord Grocott, is dealt with by the CRAG Act. Treaties will be debated in both Houses and can be voted on by both Houses, but the CRAG Act makes it quite clear that the view of the House of Commons would prevail in such matters. That is one precedent that we could look at but, as I say, let us wait.