European Union Referendum Bill
Lord Foulkes of Cumnock Excerpts(9 years ago)
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The Minister of State, Ministry of Justice (Lord Faulks) (Con)
My Lords, this afternoon we return to the question of the voting age. Since we last debated the Bill, only two weeks ago, it has been considered in the other place. It agreed to all of the amendments made by your Lordships, with the sole exception of Amendment 1, which would lower the voting age to 16.
This House has now discussed the question of the voting age many times since the election in relation to this Bill and the Cities and Local Government Devolution Bill, so this is now well-trodden ground. The Government’s position is therefore well known. We do not believe that it is appropriate to lower the voting age to 16 and, even if it were, this Bill would not be the place to make such a change. That applies as much to the amendment before the House today in the name of the noble Baroness, Lady Morgan of Ely. I recognise that she has done what she can to minimise the charge on the public purse but that does not change the principle of the Government’s position.
Before I turn to the substantial arguments, I will set out the Government’s position on financial privilege and procedure. Along with the decision to disagree with Amendment 1, the other place has sent us its reason:
“Because it would involve a charge on public funds”.
This is a reference to the financial privilege of the House of Commons. There has been a great deal of discussion and speculation on this issue, so I will endeavour to set out the Government’s position. When this House amends a Bill sent to us by the House of Commons, our amendments are assessed by the clerks in another place in order to establish whether they engage the financial privilege of the House of Commons. That important process is carried out under the authority of the Speaker, and the Government—any Government—have no say in it.
The fact that a Lords amendment to a Bill has been deemed to engage the financial privilege of the House of Commons is announced to that House before it considers the amendment, but it does not prevent the House of Commons from agreeing to that Lords amendment and thereby waiving its privilege: indeed, this happens routinely. However, should it disagree to the Lords amendment, financial privilege is the only formal reason that it can give for doing so.
It should come as no surprise that the original amendment that we sent to the House of Commons, lowering the voting age, was deemed to engage the House of Commons’s financial privilege. The Government estimate that extending the franchise to 16 and 17 year-olds for the referendum would cost at least £6 million. But, as my honourable friend the Minister for Constitutional Reform, John Penrose, explained to the House of Commons last week, that is not the reason why the Government invited the House of Commons to disagree to this House’s amendment. The Government disagree with the principle. We disagree with the proposal to extend the franchise to 16 and 17 year-olds for the referendum for the reasons I made clear to this House when we considered the original amendment, and which I will again set out briefly this afternoon.
I turn now to those arguments. Given the number of times your Lordships have considered this, I of course do not intend to rehearse every part of the argument. However, I will set out briefly why we firmly believe that the voting age should remain at 18 for the referendum. Society has drawn numerous lines for when a young person is able to take various decisions. A 16 year-old may join the army but not use a sunbed. An 18 year-old may be deployed in a war zone but not drive a bus. Only a 21 year-old can supervise a learner driver or adopt a child. For many activities, parental consent is required; in England and Wales, joining the Armed Forces and getting married require the agreement of a young person’s parents. It would hardly be appropriate to require parental consent to cast a vote.
The state also requires that young people in England remain in education or training until the age of 18, and in Scotland young people will soon apparently enjoy the protection of a state-appointed guardian until the age of 18. Indeed, the United Nations Convention on the Rights of the Child defines a child as a person under the age of 18, unless national laws set a lower age of majority. The Committee on the Rights of the Child goes further and recommends that if a country’s age of majority is below 18 it should be reviewed, and that levels of protection be increased for all people younger than 18. Similarly, the Independent Inquiry into Child Sexual Abuse, led by Dame Lowell Goddard, has defined “child” to mean anyone under the age of 18.
These distinctions are, in the final analysis, a matter of judgment. There is no single answer to the question of when a young person should be able to take one decision or another. But it is at 18 that society generally views a young person as becoming an adult. The line has to be drawn somewhere, and we suggest that 18 is the logical, consistent place to choose.
Lord Foulkes of Cumnock (Lab)
The Minister knows that in Scotland in the Scottish referendum, 16 and 17 year-olds were allowed to vote. I spoke to many of them during the course of that referendum and found them intelligent, well-informed and exercising their right to vote with great enthusiasm and sense. Therefore, it was a successful experiment. Why does the Minister not agree that it was successful and why does he think there was something wrong with doing that?
Lord Faulks
I do not suggest that it was unsuccessful, nor do I for a moment cast aspersions on the intelligence of 16 and 17 year-olds in Scotland or in England and Wales. Enthusiasm is of course to be welcomed at any age. Equally, there may be 15 year-olds who are very well informed and intelligent, whether they are in Scotland or in England and Wales. But, although Scotland took the view that it did about the voting age because of the devolution arrangements, most democratic societies have made the same judgment as this Government makes. In every EU member state but Austria, the voting age is 18 for national elections, and referendums where they take place. The 1975 referendum proceeded on that basis, as did the referendum on AV—and, as your Lordships may remember, the EU Act 2011would in the event of a transfer of power on competences have triggered a referendum according to the franchise that is used for general elections.
European Union Referendum Bill
Lord Foulkes of Cumnock Excerpts(9 years, 1 month ago)
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Lord Foulkes of Cumnock (Lab)
Could the noble Lord explain the position of citizens of the Falkland Islands and other dependent territories?
Lord Green of Deddington
They would have to be resident in the UK, of course, in which case they would have the right to vote. That is buried in the reference to the British Nationality Act.
Finally, on the case for change, the effect of these amendments would be to establish a clear principle for the franchise, namely that only British and Irish citizens who have become British citizens would continue to be able to vote in the referendum, as would 340,000 Irish citizens. What is clear, as I mentioned in Committee—where I think there was no disagreement about it—is that whatever the result of this referendum, there will be deep unhappiness on the part of those who consider that they have lost it. A period of reconciliation will be needed so it is absolutely vital that the arrangements for the referendum, especially the franchise, should be above reproach, as the Minister himself made clear.
This matter seems to have slipped through the cracks in the other place. Very few Members of Parliament will have realised that the adoption of the franchise for the general election would include something like a million potential voters who are not British citizens, nearly all of them from countries that do not allow our citizens to vote in their general elections, let alone in their referenda—this when our referendum is so critical for our future. Indeed, the matter was barely mentioned, let alone discussed.
It is surely the duty of this House as a revising Chamber to adopt these amendments and invite the other place to give this important question the consideration that it deserves but has not yet received.
Lord Foulkes of Cumnock
I am sorry to interrupt again, but the noble Lord needs to make clear which countries he is referring to. Could he spell out the number from each country and the countries in which we do not have a reciprocal right? Unless we have that information from him, we may not understand why he is moving the amendment.
Lord Green of Deddington
Yes. The number is of the order of a million—it is actually 1.2 million—who are Commonwealth citizens resident in the UK but are not British citizens. Their nationalities vary—I do not think there is any information on which nationalities they are—but they are the ones who have not become British citizens.
Lord Foulkes of Cumnock
The noble Lord has a lot of experience in these matters. Surely he could give us an indication of the number, in rough terms, from each country—from India, from Pakistan, from Australia and from Canada. It would be helpful if he could.
Lord Green of Deddington
That would be possible—you can take that information from the Labour Force Survey—but it is not relevant to the purpose of the amendment. The purpose of the amendment is that only British citizens shall be entitled to vote in a British referendum. It does not matter to me what their citizenship happens to be, nor does that affect the principle.
European Union Referendum Bill
Lord Foulkes of Cumnock Excerpts(9 years, 1 month ago)
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Lord Forsyth of Drumlean
I might want to add to the list. Broadly speaking, if we get our country back, are in control of our borders and are able to decide on the regulations that govern business, not only would I vote in support of our continued membership of the European Union but I would say that the European Union has been saved and that the Prime Minister was a magician.
It is not what I think that matters. This is not what we are discussing; we are discussing giving the British people an opportunity to decide for themselves. It is a great disappointment to me that the noble Lord who used to be on our Benches, and who I know is a great democrat, really does not want the British people to have that opportunity and that is a great sadness. I give way to my other Scottish friend.
Lord Foulkes of Cumnock (Lab)
But never in the same party. For some time I was in the other House on the Front Bench as a spokesperson on foreign affairs and Europe. I remember the Single European Act and the Maastricht treaty being pushed through that House, in spite of some of our questions about it, by the Prime Minister, Margaret Thatcher. There was a younger Member called Michael Forsyth who went through the Lobbies in favour of all those centralising Motions. I wonder if he is any relative to the noble Lord.
Lord Forsyth of Drumlean
Yes, indeed, and it has only just dawned on me that, just before the Single European Act came before the House of Commons, I was made a Parliamentary Private Secretary to our late friend Geoffrey Howe, who was Foreign Secretary. Does the noble Lord think there might have been a coincidence perhaps? As a member of the payroll vote, I was expected to vote for it, and I did vote for it. Indeed, the late Lady Thatcher supported it, but I can tell noble Lords that if Lady Thatcher were here today she would be saying that we should leave the European Union. I have no doubt about that whatsoever.
Lord Stoddart of Swindon
I think “enslaved” is perhaps going a little far but at the same time, of course, we have lost the ability to govern ourselves in many respects. The noble Lord is right that things change. I always remember the dictum of Harold Wilson:
“A week is a long time in politics”,
and a decade, of course, is an aeon.
I was about to say that I wish we would not call each other names. I respect those who think that Britain should be part of a large agglomerate but, on the other hand, many of us believe that this country has succeeded for 1,000 years by its self-government.
Lord Stoddart of Swindon
I do not want to offend the noble Lord but the country that has been successful for 1,000 years is England. It is England. With my name being of Scottish origin, I would want to join Scotland with the success that the United Kingdom has achieved, certainly since 1706.
When it was mentioned that Lady Thatcher changed her mind, I thought that there was some dissent. I can assure noble Lords that she did change her mind. The reason I know that is that in 1992, when we were discussing the Maastricht treaty, there was a committee consisting of the noble Lord, Lord Pearson of Rannoch, and many other people, and Margaret Thatcher—Lady Thatcher, if I might correct myself—led the opposition. I was chairman and she used to sit on my right hand side and make contributions that made it absolutely clear that her view then was that we should leave the EU. There was only one little problem. As the meeting went on I found that it was slipping away from me. It was slipping away from me on the right, but a little glance at her handed the meeting back to me. Margaret Thatcher became a convert to Britain leaving the EU.
Lord Tyler
There is no concrete evidence of that—the ballot is secret. I think that there was a slight margin among 16 and 17 year-olds to vote no to independence. In the next group up, there was a slight increase.
I dare anybody in your Lordships’ House to say to the 16 and 17 year-olds in England, Wales and Northern Ireland that they are not mature or well-enough informed, do not know what they are talking about and would be influenced by the wrong people—yet that the Scots are up to it. I just do not understand how we could do that. It is critical that this bedrock, this foundation stone of our representative democracy—the franchise—should in this respect be exactly the same throughout the country. I beg to move.
Lord Foulkes of Cumnock
My Lords, I want to say a few words about my experience in the Scottish referendum, which the noble Lord, Lord Tyler, mentioned. I feel so strongly about this issue that I am here tonight despite the fact that in another place—I do not mean down the corridor, but in Tynecastle Park in Edinburgh—Heart of Midlothian are playing Celtic in the quarter-finals of the Scottish league cup. If any of my colleagues here know about my passion and enthusiasm for Heart of Midlothian football club, which I had the privilege of chairing for a couple of years, they will know that it is a great sacrifice for me to be here tonight. That indicates my strength of feeling on this issue.
If I was not convinced before the Scottish referendum that 16 and 17 year-olds should have a vote, the referendum campaign convinced me. I know that my noble friend Lady Adams, who was there as well, agrees with this. I was canvassing for people to vote against independence, and the enthusiasm for participating was absolutely fantastic. To give one example, I was going round Portobello, and some sixth-form pupils from Portobello High School came out and spoke to us on the corner of the street. They were arguing the case: they knew all the arguments on both sides. Some of them supported yes and some of them supported no; they were arguing with me and they were arguing with each other. We were doing that for about half an hour, and then one of them looked at me and said, “Hey, you’re that Foulkes fellow, aren’t you?”, and I said, “Oh, well done”. They really know what is going on.
Lord Hamilton of Epsom
Might the noble Lord’s view of 16 year-olds voting in the Scottish referendum have been different if an overwhelming number of them had voted to pull out of the union?
Lord Foulkes of Cumnock
No, it would not. As I think the noble Lord, Lord Tyler, said, in so far as we know how they voted, the votes of the 16 and 17 year- olds were very similar to the 55:45 result among the older age groups, especially those immediately above them. Clearly, the information they received and the passion that they had did not make them all independence supporters—quite the reverse.
Let us look at general elections as well. The turnout of 18 to 24 year-olds has risen sharply in the past decade, from 38% in 2005 to 58% in 2015. Those people are participating more, and that is something that we should encourage—as well as encouraging the younger people as well.
I do not want to go on at length about this—although, as I said, I feel passionately about it. But I must add that young people understand the situation in Europe and the advantages they gain from our membership of the European Union. The ones that I have met and spoken with have a passion to ensure that we never go to war again. They have read the history books and they know—particularly this year and last year, with the centenary—about the Great War. They also know about the Second World War. They know that those wars started in Europe, and they want to make sure that peace and prosperity are secure—and they know that the European Union helps to ensure that.
Earl Attlee (Con)
My Lords, the noble Lord, in his interesting speech, talked about youngsters being able to join the Armed Forces. Does he recall that they cannot go to war until they are 18? Will he advocate lowering that age limit?
Lord Foulkes of Cumnock
No, I do not want to change that. People can join as boy soldiers, and they can prepare to defend their country. If they are ready to prepare to defend their country, they should be able to vote in the referendum.
Lord Wigley
My Lords, I shall speak to Amendments 9 and 20, in my name, which are linked to the amendment moved by the noble Lord, Lord Tyler, and are aimed at achieving the same objective. We have all seen a number of different proposals for doing that, but there seems to be a broad-based feeling that, for this purpose, the vote should be extended to 16 and 17 year-olds throughout the United Kingdom.
Many of the arguments have been ably put by the noble Lord, Lord Foulkes, on the basis of his experience of the Scottish referendum. I too campaigned in the Scottish referendum—although I am sorry to say that we were not on the same side, and that I probably campaigned less successfully than he did. One thing that we could all see, whichever side we supported, was the enthusiasm that was there and the willingness to engage. I am sure that a lot of young people will take what they got from that referendum campaign with them through the rest of their lives. I very much hope that the lessons from Scotland will be borne in mind, and that even if we do not come to a conclusion on this matter tonight at Committee stage, they will be borne in mind on Report.
Another factor that has not been mentioned is the way in which the interest and enthusiasm of 16 and 17 year-olds, and other young people, can affect older people. Older people find that they have to engage with arguments that perhaps they have not previously thought through themselves. Some may be led to follow the line taken by 16 and 17 year-olds and some may not. Certainly in Scotland many families were divided—and not necessarily on an age basis. I accept that we cannot say which way young people’s votes went, but my goodness, they made a difference to the process of holding a referendum, and the longer-term benefits were that people would be more active citizens as a result of their experience, whatever the outcome of the referendum might be.
I remind noble Lords that for a possible referendum in Wales on tax-varying powers—I believe that my noble friend Lord Elis-Thomas could confirm this—powers have already been passed over to the National Assembly by Westminster, so that any such referendum that may take place could be open for 16 and 17 year- olds to participate in. So the principle is being extended for the purpose of referenda. If it is valid in the context of a referendum on tax-varying powers, how much more so is it when such far-reaching decisions are being taken in the context of the relationship with Europe?
There has been talk in Scotland among some people—I do not necessarily agree with them—that there should not be referenda too frequently. I certainly feel in the context of Europe that we should not be having referenda too frequently, and a decision taken now is likely to stay with those 16 and 17 year-olds for the rest of their lives. It is very far reaching, and whichever way it goes, it will be with them.
The other consideration is whether they are equipped to make a decision. I feel that 16 and 17 year-olds—indeed young people generally—are more likely to be equipped to take a decision on this than many older people, if we are trying to come to a conclusion on capacity to take a decision. We have heard of three factors and I want to underline and stress one of them. We have heard about tax-paying and the ability to enrol, if not directly to fight, in the Armed Forces. That is the question and it was the basic rationale behind the creation of the European Union two generations ago. There were people with a vision that never again would our continent tear itself to bits with two bloody civil wars. These young people’s future can be determined by that. More than any other argument that we will pursue from now until the referendum, there is the question of holding this continent of ours together and not fighting each other in future. That must be basic. For that purpose, if for no other, those young people should have the vote.
Lord Foulkes of Cumnock
Did the noble Lord make exactly the same speech when the voting age was lowered from 21 to 18?
Lord Blencathra
I did not make that speech. I was in no position to make it. I cannot recall what my views were. I was not a Member of Parliament then and I certainly was not in this place. My point of view now is based on what the law currently is for the age of majority and why Governments and both Houses of Parliament have accepted 18 and granted all these rights to people only when they reach the age of 18.
Let me briefly conclude on this point. Until you are aged 18 you cannot open a bank account in your own name. You cannot even get a tattoo, buy fireworks or make a will. You cannot even carry an organ donor card or use a sunbed for tanning. You cannot stand as a Member of Parliament until you are aged 18. If we lower the voting age to 16 are we then going to allow people to stand as a Member of Parliament when they are 16? There are a range of other examples but I will not bore the House with them.
The Minister of State, Ministry of Justice (Lord Faulks) (Con)
My Lords, this has been an excellent debate, with strong feelings expressed on all sides. I hope noble Lords will forgive me if I do not recite all the different amendments and what they purport to do because in effect they come down to one issue: whether or not we should allow 16 and 17 year-olds to vote in this referendum. The voting age for UK parliamentary elections is set at 18. This is the voting age which was used in the 1975 referendum on EEC membership and the 2011 alternative vote referendum and it is the voting age that is used in most democracies, including most member states in the EU. Only Austria in the EU allows voting at 16.
Let me deal with some of the issues that have been raised in the debate. Noble Lords have said that young people are or will be engaged and politically active. That may certainly be true of some 16 year-olds but equally it is true of some 14 year-olds and not true of some 50 year-olds, and political engagement or a lack of it cannot be enough justification for giving or denying the vote.
I am sure that the noble Lord, Lord Tyler, was an early enthusiast for politics and elections and would have been capable of making a decision even before the age of 16. In his Second Reading speech, my noble friend Lord Ridley was far more modest about his capacity to make a decision at 17 or 18, as was my noble friend Lord Blencathra. Enthusiasm has been observed, particularly in the Scottish referendum, but I adhere to the point that it would be odd if enthusiasm of itself created the right to vote. The appetite for this change is in question, as it seems that young people are split on the issue. Recent YouGov polling indicates that although 56% of 16 year-olds want to be able to vote, only 42% of 17 year-olds and 36% of 18 year-olds want the voting age to be lowered.
Another point that has been raised is that people will live with the outcome longer and therefore it is important that younger voters are involved. Of course, 15 year-olds will have to live with the outcome even longer, even if the change proposed in the amendment were made. So will 14 year-olds and those even younger than that, but no one is proposing that we extend the vote to these age groups. I agree with my noble friend Lord Lawson that those who are older are concerned for their children and grandchildren and have an important desire to serve their interests.
The development of the adolescent brain is a complex area. It might be thought that to deny 16 year-olds is to be in some way a killjoy. I have noted the enthusiasm that several noble Lords have shown for the appetite of 16 year-olds to be engaged politically—many of those who have been involved in the Lord Speaker’s visits in particular; the noble Baroness, Lady Crawley, spoke well about that, if I may say so. There is no one clear point at which we categorically say that a person becomes an adult. Research into brain development has yet to provide us with an obvious point at which we can distinguish between adolescents and adults. The noble Earl, Lord Listowel, talked about difficulties in decision-making. Although Professor Laurence Steinberg argues that 16 year-olds are as capable as adults of making measured decisions, Dr Jay Giedd argues that the human brain does not reach full maturity until at least the mid-20s. Clearly, this is an issue that requires careful consideration, and deserves to be considered as part of a stand-alone debate.
Noble Lords have pointed to a number of things that a person can do when they turn 16 and suggested that this means that they ought to be able to vote. These claims do not bear much scrutiny. It is true that a person can marry at 16, but this important and life-changing decision cannot be made in England without parental consent. Of course, it is inappropriate for parental consent to be required to cast a vote. Similarly, although 16 and 17 year-olds can join the Army, parental consent is required, and it is not until a person turns 18 that they can be deployed in a conflict zone. My noble friend Lord Blencathra listed a number of things that 16 year-olds cannot do and, in those circumstances, I do not propose to list them.
There is no clear point at which a young person becomes an adult, but the restrictions that I have listed and were referred to by several other noble Lords acknowledge the simple fact that it is generally at 18, not 16, that society draws the line. It is at this point that we deem a person to be fully capable of making important decisions. We must draw a line somewhere. Of course there is always an element of arbitrariness: what about the person who is 17 years, 11 months—or, as some noble Lords would have it, 15 years, 11 months?
Lord Foulkes of Cumnock
The Minister speaks of being capable of making decisions. Will he think carefully about that, and think about adults in the first stages of dementia?
Lord Faulks
I will indeed think carefully about that. As I conceded, a number of people, often through no fault of their own, may find it difficult to make decisions, but we are talking about those who, in old-fashioned parlance, used to be considered not to be capable of making a decision by reason of infancy. I entirely accept that to describe 16 year-olds as children may be inappropriate, but we should not assume simply because of the speed at which the world works, access to the internet or the capacity for travel, that this necessarily brings the wisdom to take decisions before the age of 18.
Lord Willoughby de Broke (UKIP)
My Lords, I do not think that this amendment has any merit whatever. As the noble Lord on the Cross Benches said, in no other country do foreign nationals have a right to vote at all—ever.
Lord Foulkes of Cumnock
The noble Lord does not want us to be associated with any other country, so if we were different would that not please him?
Lord Willoughby de Broke
I do not see the point of that intervention at all. I was going to say that, because there is no reciprocity, there is no reason for us to give European citizens the vote in what is a purely national matter, in spite of what the noble Baroness said. She said herself that we do not know what is going to happen with European citizens if and when we vote to leave. People live here because they like living here, not because we are a member of the EU, so that will not change at all.
Lord Foulkes of Cumnock
My Lords, I signed the amendment of the noble Baroness, Lady Miller. I am eager that we all pay attention to the words of the noble Lord, Lord Willoughby de Broke. After all, his title goes back to 1491. If my memory serves me right, it was on 7 November that year, that Maximilian I, the Holy Roman Emperor, and King Vladislaus II of Bohemia and Hungary, signed the Peace of Pressburg, ending the Austro-Hungarian war. Later that year, on 6 December, Charles VIII of France married Anne of Brittany and Brittany was incorporated into France. Even in 1491, the European Union was beginning to form. No doubt the very first Baron Willoughby de Broke did not like it very much either. Nothing changes in the barony of Willoughby de Broke but the rest of us have to live in the modern world—not in 1491 but in 2015.
I do not want to repeat the arguments that have been put forward but to underline that I agree with them. I am very fond of the Commonwealth and am on the executive committee of the Commonwealth Parliamentary Association, and I ask, as president of the Caribbean Council, what the logic is in extending the vote to citizens of Mozambique but not to citizens of France. It seems crazy. I agree with what has been said.
Secondly, there is the issue of no taxation without representation. We have many European Union citizens in the United Kingdom, who contribute so much to our economy—it is estimated at £20 billion between 2001 and 2011. London is, I think, the fourth largest French city. We have many French people living here, contributing to our economy, and making London such a powerful and successful place, yet we are saying to them that they are not going to get a say in a referendum which will affect their future. It just seems crazy.
The last argument I want to put forward is the crunch argument. European Union citizens already vote in local elections. As was said earlier, they voted in the Scottish referendum. Most important of all, they vote to choose their Member of the European Parliament. If they are allowed to choose the person who represents them there, it is manifestly obvious they should also be given a vote in the referendum which decides whether we continue to be members of the European Union and continue to send Members to the European Parliament. That is the right thing to do.
Lord Forsyth of Drumlean
Will the noble Lord deal with the point that was made by my noble friend Lord Ridley? He is right that people from eastern European countries living in Scotland were able to vote in the referendum. Certainly, looking at the broadcasts at the time, many of them voted for independence—partly as a result of their own experience; they saw it as about liberation and freedom. If the referendum result had been very close and gone the other way and people were able to demonstrate that it had been turned by the votes of people who had come from Europe, does the noble Lord not think we might have had a problem?
Lord Foulkes of Cumnock
No, I do not. No one made that point in the run-up to the referendum. No one said that they would not accept the result, even if it was close, because European citizens living in Scotland were voting in it. That was not an issue. I went round a lot of Scotland during the referendum and no one ever raised that as an issue with me.
As a postscript, I find the suggestion just referred to that, because no other countries have done this, we should not, quite depressing. We have pioneered so many things in the United Kingdom. We have invented and started so much. Why can we not also be pioneers in this? I hope the Government will give it serious consideration.
Baroness Miller of Chilthorne Domer
My Lords, I have a probing amendment in this group. Should the House decide at a later stage to enfranchise the group we have just been talking about, or the UK citizens we will be discussing in Amendment 14, the purpose of my amendment is to find out what work would need to be done by the Government and what preparations they would need to make in order to make that happen.
Queen’s Speech
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Lord Foulkes of Cumnock (Lab)
My noble friend’s problems are nothing compared with mine. I keep getting invited to meetings of Conservative lawyers for reasons I cannot understand, but they will probably become clear when we come to the reply to this debate.
Lord Ashdown of Norton-sub-Hamdon (LD)
I wonder whether the noble Lord finds it as confusing as my case: I keep being asked for very large sums of money on the grounds that I am Lord Ashcroft.
Lord Foulkes of Cumnock
My Lords, it is a great pleasure to follow the wise words of my noble friend—I think that I can call him that as I have known him for a long time—Lord Empey. I am not sure that I will be able to live up to his billing, but I shall do my best.
First, however, I want to try to dispel a myth. There is a myth going around that the SNP is a left-wing party. That myth arises because Nicola Sturgeon and Alex Salmond said that they could work only with a Labour Government and not work with the Tories, but nothing could be further from the truth. The SNP from 2007 to 2011, as a minority Government in the Scottish Parliament, relied on the Tory party and Annabel Goldie, now the noble Baroness, Lady Goldie, for its support. It would not have been able to get a budget through or to survive without the Tories. So that is not left wing.
The council tax freeze that the SNP has introduced is not left wing, either. I benefit from it—it is wonderful for me, in a nice house in Corstorphine—but people at the lower end of the income scale who rely on council services are losing out. That is not left wing. Then there is the so-called free higher education, which helps people who are relatively well off at the expense of college students. There are 130,000 fewer college students now than when the SNP started, who are unable to do vocational courses. That is not left wing. And then there is ScotRail. When the franchise came up, the opportunity was there to put it into public ownership, but the SNP continued with franchising and now it is in Dutch hands, being run by a Dutch company. That is not left wing. So there is not a shred of truth in the argument put forward, unfortunately successfully, by the SNP in Scotland. It is one of the reasons why the party did well, but nothing could be further from the truth.
I also take this opportunity of castigating the SNP for taking its eye off the ball. It has been so preoccupied with constitutional issues and the referendum in particular that the services that it has responsibility for at the moment—health, education, social work and justice in Scotland—have been neglected. The noble Lord, Lord Forsyth, mentioned the Scottish education system, which was once the pride of the world. In the past few years, we have seen literacy and numeracy rates go down in Scotland because of the SNP. Over the past four or five years, the astonishing thing is that the increase in expenditure on the NHS in Scotland under the SNP has been less than under the Tories in England. It is certainly not left wing and it has certainly occurred because the SNP took its eye off the ball.
Anyway, that is nothing to do with the gracious Speech, but I wanted to get it off my chest and I feel better for it. They are two important things. But I now get back to congratulating the noble Lords, Lord Lisvane and Lord Dunlop, as well as the right reverend Prelate the Bishop of Leeds, on three excellent maiden speeches. It reminds me of my maiden speech, not in here but in the other place, in 1979. Outside this place I would say that very few people would remember that—but, of course, in here everyone remembers way back, long before 1979. Even then, I raised the question of the constitution, right at the start of my parliamentary career. Rather more recently, in the Queen’s Speech debate on 14 May 2012, I argued in favour of a constitutional convention moving towards a quasi-federal or federal system. I warned then that if we did not come up with a sensible, credible and above all stable alternative, we would be back at the precipice that we saw in the general election sooner rather than later. I can say that underlined, a fortiori, and even more so because of what has happened. That is why we need to find a credible alternative. I say to the noble Lord, Lord Dunlop—I will no doubt have other opportunities to do so when we get to the Bills that are coming through—that unless we find a credible, coherent alternative, nationalism and the separation of Scotland from the rest of the United Kingdom will become increasingly likely, if not inevitable.
That brings me to what we are getting from the Government. What are we getting? Instead of something coherent, we are getting EVEL, which really is evil, as so many people have said. It is not getting much support. Apart from the Minister, I do not think it has even had any support on the other side of the House. What will happen? Discussions and decisions that take place in Committee, when only English Members can participate on English Bills, could be overturned at a later stage. When I spoke informally to the Secretary of State, Mr Mundell, he told me that that was not likely to happen. However, it is a bit naive to say that that is not likely to happen.
The noble Lord, Lord Lawson, rightly said that it is ridiculous to have two levels of Members of Parliament. However, it is even more ridiculous given that it will not work in practice. As regards this place, no one has said anything about Scottish Peers—if they can be identified—not participating in English legislation. Therefore, unelected Members from Scotland are allowed to participate in English legislation but not elected Members from Scotland. Is that not ridiculous? It is absolutely ridiculous. We now have an opportunity to take a coherent look at this.
As well as EVEL there has been mention of the northern powerhouse and today we have heard about developments in the Midlands that are being pushed by the Government. However, that is not a coherent approach to this issue. The noble Lord, Lord Purvis, and I have set up an all-party group, of which a number of Peers and MPs are members, to push for a coherent solution. The noble Lord, Lord Purvis, has introduced a Bill on this subject. It will be interesting to see the Government’s response when that Bill comes forward. It is a coherent way forward.
However, I recognise what the noble Lord, Lord Norton of Louth, said. We have to pay a lot of attention to what he says, not just because he is a Member of this House but because of his academic background and experience. I understand that the constitutional convocation, commission or convention—whatever we call it—needs to be established. Indeed, a convocation might be a more appropriate way forward, but something needs to be done to sort out all the muddle that exists and find a systematic—to use the noble Lord’s word—way forward. The noble Lord said that the Constitution Committee of this House was too busy to do this work. That is a pity because this is the most important matter in the constitution. Even if the committee cannot undertake this work, I urge him and other members appointed to the Constitution Committee to point the way forward or at least to signpost or give a direction as regards what should be done. That could be done by the Constitution Committee in one or two sessions. I hope that others will take it up.
That brings me to my penultimate point.
Lord Foulkes of Cumnock
Who said “Thank God”? I never did like some of the Liberal Democrats but now they are on our side I am told that I have to like them. However, even the Liberal Democrat who said “Thank God” might agree with what I am about to say. For some time I have been an advocate of first past the post for election to the House of Commons. The strong argument in favour of it, which I think even those who are sceptical about it are agreed on, is that it maintains a good constituency link and that Members in the other place are interested in their constituencies, run surgeries and are very much involved in their constituencies. That is a good thing which does not always occur in other systems that we have. However, we have got into a muddle on this as well. I take Scotland as the worst example again. In Scotland we have four electoral systems: in local government, we have STV; in the Scottish Parliament, we have the additional member system, which is a combination of first past the post and lists; in Westminster, of course, like the rest of the United Kingdom, we have first past the post; and in Europe we have the closed list—the worst of all, by the way. I do not know how we ended up with that.
I have now come round to the conclusion that that muddle could also be looked at by the convocation or the convention. If a Neanderthal like me—a dinosaur like me, one of the great first past the post advocates—can come round to that point of view because of the mess we are in, surely the Government and those who are sceptical about looking at this in a comprehensive, coherent, systematic way, as the noble Lord, Lord Norton of Louth, and others have suggested, can also think again. I know the pressures from civil servants. I sat in exactly the same office in Dover House that the noble Lord, Lord Dunlop, is now occupying. It is by far one of the best offices in Whitehall, by the way—it has the best view. When Trooping the Colour takes place everyone comes in and looks out; it has a wonderful view. But I remember going again and again to Cabinet committees and Labour Ministers—yes, Labour Ministers—coming up and reading out briefs that had been prepared by their departmental officials. Fortunately, because I was the Minister of State for Scotland, we did not have such a vested interest. I would say, “Wait a minute. We are here as Labour Members to implement Labour Party policy, not the departmental policy”. That is why I think we need Ministers like our new Minister, the noble Lord, Lord Dunlop, and the noble Lord, Lord—
Lord Foulkes of Cumnock
No one can pronounce my name properly either. You know who I mean. By the way, we also have the noble Baroness, Lady Fookes, here today—we have the whole trio.
I hope Ministers will take away from this debate the fact that there are people like the noble Lords, Lord Forsyth, Lord Lawson, Lord Norton and Lord Purvis— people of all political parties and none—who are arguing in favour of some kind of coherent look at the constitution. I hope they will exercise their muscle, push this and say, “This is the considered view of the House of Lords. Let us in government consider it also”.
Lord McAvoy
We have taken a defeat. The noble Lord, Lord Forsyth, indicated that we were defeated because of our economic policy. There were many reasons for our defeat, which we will deal with and hopefully fix in the future. The combination of the Barnett formula and the tax-raising powers of the Scottish Parliament will be entirely up to it. If it does not have the money to do these things, it will not do them. It is our policy to make sure that it has the choice to do so, and that is the difference.
Devolution is about all of the United Kingdom. The Labour Party and I endorse Ivan Lewis’s statement that there is a duty on all parties within the Stormont Parliament to come to a responsible arrangement. We urge them all to do so. We also urge the Government to play a part in bringing these folk together as well.
Labour supports measures to put Welsh devolution on a stronger statutory basis, as in Scotland. We agree with taking forward proposals from the Silk commission and extending the power the people of Wales have over their transport, elections and energy. Wales must not be unfairly disadvantaged by the Barnett formula. The previous Government cut the Welsh budget by £1.5 billion, so this Government must ensure a fair funding settlement for Wales by introducing a funding floor, and we are glad to hear that that is what they are proposing. The measures that are expected to be put into the Wales Bill transfer new powers to Wales by implementing the agreed settlement for Wales and handing over more responsibility to the Welsh Assembly.
I am trying to paint the picture that devolution is not just about Scotland. Scotland is naturally taking all the headlines at the moment, but for devolution to work it must work for the United Kingdom.
I shall deal with one or two things that cropped up in the debate. My noble and learned friend Lord Falconer of Thoroton cleared the noble Lord, Lord Dunlop, of any guilt concerning the poll tax. My view is that if somebody is in the Scotland Office, I believe in collective guilt, so with one bound he is not free. I am still waiting to hear a complete denial of that.
The noble and learned Lord, Lord Hope of Craighead, had a very lucid, shrewd perspective, urging the SNP to nominate. I thought it was a very useful contribution: a voice comes from the non-political world, urging the SNP to get involved. The noble Lord, Lord Forsyth of Drumlean, has made some credible criticisms of the Labour Party over the past few years. I am not saying that I accept them, but they are credible and must be answered. He has some questions to answer himself, for instance about the performance of his Prime Minister on the steps of Downing Street on the morning after the referendum, with his quite disgraceful party-political broadcast on English votes on English laws, thereby giving the Scottish National Party the justification for saying that all unionist parties lied to the people of Scotland to get their vote and then withdrew everything else for it. He altered at a stroke the outcome of that referendum. It was a defeat for the SNP, but Mr Cameron’s intervention helped to turn it into a victory for them. In addition, the Prime Minister compounded it by the scare tactics of using the SNP in England to get votes by frightening people in England about how Scotland was going to take over—Mr Miliband in Salmond’s pocket, and all the rest of it. Therefore if there is some reckoning to be had, the noble Lord, Lord Forsyth, should be knocking on the door of No. 10 and making his point of view heard. Knowing him as I do, he has probably been there already.
I also picked up on the issue of voting systems. I was quite surprised to hear my two noble friends Lady Adams of Craigielea and Lord Foulkes of Cumnock indicate, in all honesty, that perhaps a look should be taken at the voting systems. However, the votes study, which the noble Lord, Lord Flight, mentioned and my noble friend Lord Gordon of Strathblane analysed, does not give a clear picture that the problem would be solved by the introduction of the Liberals’ holy grail of proportional representation. My noble friend Lord Gordon destroyed that case—it is not a clear picture. We are all interested in tackling the problems; all the Liberals can talk about is proportional representation, which gets quite boring.
Lord Foulkes of Cumnock
I do not purport to speak for my noble friend Lady Adams, who is more than able to do that. However, all we said was that that matter should be looked at, and I am sure that even my noble friend on the Front Bench would not object to that.
Lord McAvoy
That is absolutely right, and that is the point I made: that both my noble friends were genuinely and honestly considering whether this is a problem. There is nothing wrong with that at all, and I go along with that.
I must deal with my friend with a small “f”, the noble Lord, Lord Sanderson of Bowden. Again, he was one of the few people not to say something during his speech that was said previously, and he indicated that as well. He may not know it, but he is a local hero in Rutherglen, Cambuslang and Halfway—he does know it—for his services to those areas in local government reorganisation in the 1990s.
I will quickly mention something the noble Lord, Lord Jopling, said when he seemed to warn the Labour Party about the constitutional danger of voting against the Government. I remind him that between 1997 and 2010 this House defeated the Labour Government over 500 times, so the lecture, if it was meant to be that, was a bit misplaced.
Finally, before I get accused of provoking people, the noble Lord, Lord Truscott, made a point about the £1,600 per head that Scotland gets. That is part of the metropolitan attitude that annoys people not just in Scotland but in Wales, the north, the north-west of England and elsewhere. If you took away the hidden government subsidy to London and the south-east from government bodies, contracts, employment and all the rest of it provided by the United Kingdom Government, there might be a better case for complaining about Scotland and elsewhere. However, there is a case for the decentralisation of England. Before I upset anybody else, I will close with that.
Data Protection: Legislation
Lord Foulkes of Cumnock Excerpts(9 years, 9 months ago)
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Lord Faulks
The noble Lord makes a valuable point. One of the difficult tasks that have to be performed in assessing the appropriate stance to take on data is ensuring that medical research is not in any way compromised, while at the same time making sure that individuals’ data are adequately protected. This issue does not have a simple answer, but it is very much a relevant consideration.
Lord Foulkes of Cumnock (Lab)
Has the Minister seen the interesting data published today entitled Government Expenditure & Revenue Scotland, which shows exactly what I predicted in this House a few weeks ago—that if we had voted for an independent Scotland it would by now be bankrupt?
Lord Faulks
A fascinating insight, but a little way away from the Question.
Criminal Justice and Courts Bill
Lord Foulkes of Cumnock Excerpts(10 years, 2 months ago)
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“Assault on workers selling alcohol
(1) A person who assaults a worker who is required to enforce or comply with the Licensing Act 2003—
(a) in the course of that worker’s employment, or(b) by reason of that worker’s employment,commits an offence.(2) In this section—
“worker” means a person whose employment involves them selling alcohol under the provisions of the Licensing Act 2003;
“employment” means any paid or unpaid work whether under contract, apprenticeship, or otherwise.
(3) A person who is guilty of an offence under this section is liable—
(a) on conviction on indictment to imprisonment for a term not exceeding two years or an unlimited fine (or both),(b) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory minimum (or both).”
Lord Foulkes of Cumnock (Lab)
My Lords, I am happy to move my amendment when the House and the Government are in such a contented mood. I thank all those who have stayed.
This is, I believe, the third time I have proposed this amendment, or at least some version of it, to the House. As the Minister knows, last year my Labour colleagues and I moved an amendment to the Anti-social Behaviour, Crime and Policing Bill which would have created a separate legal offence for assaulting any worker in the performance of his duties. Sadly, although many, including a number of those on the Benches opposite, were sympathetic to the amendment’s aim of encouraging prosecutions, acting as a deterrent and doing justice to the physical and emotional suffering of the thousands of workers assaulted each year, your Lordships did not give that amendment your approval.
One concern raised at the time was that the amendment was so wide in scope that it would cover so many workers as to render it ineffective. That is why I proposed at the Committee stage of this Bill in July the amendment before your Lordships, drafted with the invaluable help of the union USDAW. I thank all at USDAW for their great help on this issue. The amendment focuses specifically on those workers who are required to enforce, as part of their employment, compliance with the Licensing Act 2003. It creates a separate either way offence for assaulting a shop or bar worker who is selling alcohol, and in doing so, takes account of comments made by the Solicitor-General in the other place which claimed that, if we were truly serious about higher penalties, such an offence should be either way and not summary as was originally intended.
There are three problems in the way in which we currently deal with assaults on workers serving alcohol which this amendment attempts to address. First, it attempts to remedy the fact that at present the vital and dangerous public function performed by workers who serve alcohol is insufficiently acknowledged by the criminal justice system. Men and women who serve alcohol are required by the Licensing Act 2003 to enforce that law, in terms of its consumption and supply. They must refuse to serve those who they believe to be under age, and those who are already intoxicated. They are working in febrile environments and are responsible, like police officers, for enforcing the law. If they refuse to do so, they themselves can face legal action or lose their licences. It is therefore unacceptable that these men and women receive no effective protection from the legal system for that additional service and the physical danger that it puts them in.
That brings me to my second point. Men and women serving alcohol have, like all workers, the benefit of a clause in the sentencing guidelines—as the Minister pointed out in Committee—which makes the assault of a worker providing a public service one aggravating factor, but it is one of 19 aggravating factors, which is seldom acknowledged. This fails to acknowledge that those who serve alcohol place themselves in greater danger, and make a more vital contribution to public order and to public health, than most others in other professions. According to the Health and Safety Executive, alcohol was the trigger to threatened or actual violence in 38% of cases.
Thirdly, the current regime has inadvertently produced a system which disincentivises prosecution and ends up being too lenient. At the moment, if a worker who sells alcohol is assaulted, the crime will usually fall into the category of common assault. The problem is that common assault carries relatively lenient punishments, meaning that in many cases the Crown Prosecution Service decides not to bother prosecuting. That has certainly been the experience of the unions like USDAW and other organisations in the industry like National Pubwatch, the Wine and Spirit Trade Association and others. Lenient sentencing and lack of sentencing not only fails the victims of such crimes by depriving them of justice but also results in many incidents going unreported as people’s faith in the criminal justice system becomes less and less secure. USDAW found that 17% of workers attacked at work, or threatened with physical violence, did not report—they did not bother to report—the offence because they did not think that any action would be taken.
My amendment addresses these issues. It provides greater protection to this group of workers by doing three things. First, and most importantly, it recognises at long last the dangerous environment these men and women must work in, as well as the strenuous and vital public function they carry out in enforcing the law. It does so by creating a separate, specific offence for assaulting someone who sells alcohol, one that carries a harsher penalty of either up to six months in prison and a fine of up to £500 for those charged summarily, or up to two years in prison or an unlimited fine for those who are convicted or indicted at the Crown Court, for more serious offences.
Secondly, in creating that separate offence, it would act as a deterrent to such crimes. Between 2012 and 2013, reported incidences of violence at work increased—there were 649,000 overall, including assaults on bar and shop workers serving alcohol. At a time when we see that these crimes show no sign of abating and their frequency remains alarmingly high, we must recognise the service of this group of workers. Harsher penalties will act as a deterrent.
This brings me to the third major reason to support this amendment. It will encourage more prosecutions, as a separate legal offence is easier to determine than common assault. You can prove it more easily, and because it carries stiffer penalties, that will give the CPS greater incentive to prosecute.
I heard example after example recently at a presentation by USDAW. I know that Members of the House will know of other examples. I will not go into them in detail as time does not permit, but I assure the House that there were some horrific incidents causing great harm, which I know the noble Lords, Lord Lea and Lord Kennedy, and others who attended the presentation, will testify to. I am arguing in favour of the amendment before your Lordships today so that many thousands of other workers do not have to go through what those about whom we heard in that presentation have already suffered.
In Committee, the noble Lord, Lord Faulks—have I got the pronunciation right? I have the same problem in reverse—expressed his genuine sympathy with the amendment’s aims before arguing that it was not “at the moment” the right way to combat such crimes, citing a lack of evidence and the availability of other actions to deal with it. He also agreed to meet me and other colleagues, and he was true to his word. The general secretary of USDAW, my noble friend Lord Kennedy and I met him and we had a sympathetic response. He asked for more evidence and was interested in trying to deal with the issue, but, unfortunately, he was not willing to support this amendment, at least at this stage, until we had come forward with more evidence to persuade him.
I hope, nevertheless, that the Minister will today recognise the seriousness of this matter. If he does not accept the amendment—I hope that he will and I shall certainly test the opinion of the House if he does not—I hope that he will at least put forward some alternatives to take account of an increasingly serious problem. We should not let down these people who serve the public and make sure that the law is upheld. They deserve the kind of support that we can give them by supporting this amendment.
Lord Lea of Crondall (Lab)
My Lords, perhaps I may add one point which the union raised and which I think is the reason why the Government are having undue difficulty. It is an inconsistency which relates to semantics. These people are serving the public—they are in public houses after all. If you are a public servant, you seem to be protected in a way that these workers are not, yet they are in more direct, physical contact with the public—with many injuries sustained. I ask the Minister—I know that the matter has been brought to his attention in private conversations—how it is that these workers have less protection under a lesser criminal offence than applies to violence done to workers in the public sector who have an interface with the public. These workers are effectively in a private space, not in a public space, and the law works differently for them.
Lord Foulkes of Cumnock
My Lords, in no way do I want to impugn the integrity, the sincerity or any other attribute of the Minister, because he has been very helpful. However, I think that he does not fully realise the extent of the problem. If he came into city centres—I do not know if he does—late at night or early in the morning on Friday, Saturday or Sunday, he would realise some of the problems that our people face who have to serve alcohol, who get threatened, who get frightened and who get assaulted. As my noble friend Lord Robertson was reminding me, binge drinking is becoming an increasing problem.
The Minister asks, “Why pick out only one category?”. It is because those in that category face such dangers, and are upholding the law that we pass. I am sorry, I should have said that the noble Lord, Lord Balfe, was at our meeting. As he said, and as my noble friend Lord Lea said, people who serve alcohol effectively act as policemen, upholding the law on our behalf—upholding the law that we pass. We should give them some recognition for that. USDAW and I have had e-mails and letters from Conservative and Liberal Democrat Members, one or two of whom I see today, from Cross-Benchers and from independent Members as well—I think that I have got it right on this occasion—
Lord Foulkes of Cumnock
Independent Labour. On the basis that they express some genuine concern, I should like to test the view of the House.
Criminal Justice and Courts Bill
Lord Foulkes of Cumnock Excerpts(10 years, 5 months ago)
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Lord Foulkes of Cumnock (Lab)
My Lords, I have listened carefully to all the speeches and I must say I find the arguments on both sides very powerful—some very powerful, convincing arguments have been put forward. It is a great pity and does a disservice to this House that an artificial division is being created on such an important matter merely because the Liberal Democrats want to have a conscious decoupling from the Conservatives in the run-up to the general election.
Baroness Hussein-Ece (LD)
My Lords, I, too, was not going to take part but the previous contribution was not worthy. This is a very serious subject. I am the mother of a son who was mugged when he was a teenager. He came to the brink when he felt so scared that he wanted to carry a knife but luckily he did not—not to my knowledge, anyway. Young people, particularly young men, are more likely to be victims of crime and we need to have faith in the judicial system—as we have heard from noble and learned Lords this afternoon. We need to allow judges to take and judge each matter on its merits, case by case, and must not dictate from this Chamber and from Parliament.
We heard earlier from the noble Baroness, Lady Howells, about the issue of black youth. The argument was—with respect to the noble Baroness, Lady Berridge, whom I respect enormously—that they are disproportionately affected as they tend to be stopped and searched more. That means that others who may be carrying knives are unlikely to be stopped. That is a discrepancy that needs to be taken into account.
The idea that a 14 or 15 year-old boy who feels scared and vulnerable because he may not be in one gang or another but feels the need, however wrong it is—of course it is wrong, but there is no rationality here—to go out with a knife should then have his life ruined as a result of making one mistake is not something that we should support. We should leave it to the courts. We should be listening a little more to young people, which I do not think we are, about which things work and which do not. At a time when knife crime is falling I cannot for the life of me see why we should want to impose this mandatory obligation on the courts.
The Minister of State, Ministry of Justice (Lord Faulks) (Con)
My Lords, Clause 25 would put in place a minimum custodial sentence of six months’ imprisonment for adults and a four-month detention and training order for 16 and 17 year-olds where an offender has committed a second or subsequent offence of possession of a knife or offensive weapon, unless there are particular circumstances that would make it unjust to do so. The clause also provides for a previous conviction of threatening with a knife or offensive weapon to count as a first strike.
Clause 25 was passed into the Bill in the other place and is now being considered by your Lordships’ Committee. The coalition Government are fully committed to ensuring that the public are protected. However, policy agreement has not been reached on this clause, and so it will be for the whole Committee to decide the issue. In these circumstances, noble Lords will understand why I am unable to answer many of the questions about the proper construction of the relevant clause, although I think I can simply draw the attention of those who have not had a chance to study it in detail to the fact that the initial offence has to be,
“without lawful authority or reasonable excuse”.
Then discretion is given with the words,
“unless the court is of the opinion that there are particular circumstances which … (a) relate to the offence or to the offender, and … (b) would make it unjust to do so in all the circumstances”.
The only other point that I make at this stage is that a number of noble Lords made the point that short sentences were not effective. I simply remind the Committee that only this year we passed an important Act which provided, for the first time, that those sentenced to less than 12 months would receive support in the community and support before leaving prison to assist in the resettlement process.
Lord Foulkes of Cumnock
I am completely confused as to who the Minister is speaking on behalf of. Is he speaking on behalf of the Government, the Conservative Party or the group of people who put the clause in the Bill? How are we therefore to treat his remarks? Is it to be a regular occurrence that we get Ministers coming to the Dispatch Box who are not speaking on behalf of this great coalition?
Lord Faulks
I hope it will not be a regular occurrence. I am endeavouring, in my short remarks, to assist the Committee as a whole on matters of construction but not to persuade it in one direction or another.
Criminal Justice and Courts Bill
Lord Foulkes of Cumnock Excerpts(10 years, 5 months ago)
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“Assault on workers selling alcohol
(1) A person who assaults a worker who is required to enforce or comply with the Licensing Act 2003—
(a) in the course of that worker’s employment, or(b) by reason of that worker’s employment,commits an offence.(2) In this section—
“worker selling alcohol” means a person whose employment involves them selling alcohol under the provisions of the Licensing Act 2003;
“employment” in this context means any paid or unpaid work whether under contract, apprenticeship, or otherwise.
(3) A person who is guilty of an offence under this section is liable—
(a) on conviction on indictment to imprisonment for a term not exceeding two years or an unlimited fine (or both),(b) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory minimum (or both).”
Lord Foulkes of Cumnock (Lab)
My Lords, we now move away from great events around the world to rather more mundane matters here at home. None the less, they are very important matters. Noble Lords will recall that last year my colleagues in another place and I in this House moved an amendment to the Anti-social Behaviour, Crime and Policing Bill which would have created a separate legal offence for assaulting a worker in the course of his work. Our goal was relatively simple; it was to create a new, tougher penalty for assaulting people when they are carrying out their work which would encourage prosecutions, act as a deterrent and, most important of all, do justice to the physical and mental suffering of the hundreds of thousands of workers who are assaulted in the course of their employment. Unfortunately, although many noble Lords, including Cross-Benchers and even members of both parties in the coalition, were sympathetic to the general aims of my amendment, it did not succeed.
One of the main concerns raised at the time was that the amendment was too wide in its scope and would cover so many workers that it would be ineffective. I have taken all those criticisms on board in drafting the amendment before the Committee today. Once again, I have had the help of the Union of Shop, Distributive and Allied Workers, one of the most effective unions in the country looking after the interests of its many members in shops and centres around the United Kingdom.
This amendment, unlike the previous amendment, focuses specifically on those workers who are required to enforce and comply with the Licensing Act 2003. They are acting in a policing capacity and if they do not carry out what they are required to do, they are committing an offence. This amendment would create a separate either way offence of assaulting a shop or bar worker selling alcohol. In doing so, it also takes into account another criticism made by the Member of Parliament who is now the new Solicitor-General when a similar amendment was tabled by my colleague, Labour’s shadow Justice Minister, Dan Jarvis. The right honourable Member for Swindon South, our new Solicitor-General, expressed sympathy with the aims of the amendment, but commented that if we were truly serious about higher penalties such an offence should be either way, not summary as was originally intended. I hope, therefore, that my seriousness on this issue has been affirmed to the Solicitor-General, and to those in his party in this House and elsewhere who may have already been sympathetic to the aims of the amendment, as I have taken on board the fact that it should be an either way offence.
For noble Lords who are still sceptical of the case for granting workers who sell alcohol special protection through a separate criminal offence and those leaning towards supporting the amendment, I shall give one example—I have many more, but because of time and because I knew there are other amendments I shall give just one—which captures the issue the amendment seeks to resolve. It is the story of Barry and Teena who own a pub in Leek called “The Priory”. One Sunday night, after the bar had closed, revellers approached Barry in order to purchase some more drinks. It happens again and again like that. Barry rightly refused to serve them. He would have been breaking the law if he had served them. At that stage, one of the revellers threw a glass at Barry’s arm, jumped over the counter and punched the couple’s son, Mark, in the face, splitting his lip. Teena came out to see what was happening and was immediately assaulted by a woman standing behind the bar. Her nose was broken, and when the blood was gushing out of her nose and face, she suffered an asthma attack and needed to be hospitalised. The police arrived, and two people, one man and one woman were arrested. Astonishingly, both were let off with just a caution after that attack. Barry and Teena were two people upholding the law on our behalf, and if they had not done that, they would have been breaking the law. I have other stories, and perhaps I will have another opportunity of telling them.
Why do we need the amendment? This tragic episode and others underline three things which are currently wrong with our criminal justice system. First, and most importantly, the incredibly dangerous and vital public function of workers who serve alcohol goes completely unrecognised. These are men and women who are charged, like the police, with enforcing the law. They must refuse service to those who are underage or too intoxicated. If they refuse to do so, they face legal action, and even the potential loss of their licences and thus their livelihoods. Unlike the police, they have no additional protection for the additional service and for the grave danger it puts them in. What they receive, like all workers, is a clause in the sentencing guidelines—noble Lords who took part in the debate last year will recall this—which makes the assault of a worker providing a public service one of 19 aggravating factors.
There are two problems with the current regime. First, it fails to recognise the additional danger that those who have to sell alcohol face vis-à-vis workers in most other professions and their vital contribution to public order and safety. According to the Health and Safety Executive’s latest figures, alcohol was the trigger to threatened or actual violence in 38% of cases. The second problem is leniency. The regime has produced a system with disincentives to prosecution and which is too lenient. Unfortunately, the fact is that until we start acknowledging the service done by and the added danger faced by those who serve the public alcohol, in a similar manner to how we do with the police, prosecutions will fail to reflect the seriousness of the crime, and victims like Barry and Teena will continue to be deprived of proper justice. At present, as the assault of workers who sell alcohol usually falls into the category of common assault, with the relatively lenient punishments on offer, it results in the Crown Prosecution Service deciding that it is not worth prosecuting. This has been the experience of a range of groups which are supporting my amendment: USDAW; National Pubwatch; the Wine and Spirit Trade Association; the Retail of Alcohol Standards Group, whose members include almost all major supermarkets; and the Association of Convenience Stores. They all support the amendment. Lenient sentencing and a lack of prosecutions feed into a vicious cycle whereby incidents go unreported as workers lose faith in the justice system. Action must be taken.
My amendment will address the problems in three ways. First, by creating a separate offence for assaulting someone who sells alcohol, one that carries a harsher penalty of either up to six months in prison and a fine of up to £500 for those charged summarily—I take what was said earlier about short prison sentences—or, up to two years in prison or an unlimited fine for those convicted on indictment at the Crown Court, the amendment recognises the additional danger faced by this set of workers and their special public service. Secondly, in doing so the amendment will create a greater deterrent through stiffer penalties. I do not want this to happen. I do not want people to be committing this offence and filling up the prisons with all the extra costs involved. That is why having these serious penalties will mean that it is less likely to happen because of the greater deterrence. Thirdly, I hope it will encourage more prosecutions as a new separate offence is easier to determine than common assault, as the Minister knows. I am very pleased that he is dealing with the amendment today. We are not related, but I have developed a friendship with him since he joined this House, and I know he takes his work and this kind of matter very seriously indeed. Common assault, which is currently how such acts are classified, has a number of mitigating and aggravating factors. As this carries stiffer penalties, it would incentivise the CPS to make more prosecutions.
In conclusion, I believe that the amendment would offer greater protection to workers selling alcohol—something that it is often all too easy for us in the comfort of this Chamber to take for granted. The time has come finally to acknowledge the grave danger often faced by those who serve us and enforce our law in the pubs, clubs, bars and shops that all of us frequent and love so much. The time has come for those of us in this Chamber who benefit from their actions to do something to acknowledge that and return the favour to them. I have much pleasure in moving this amendment. I beg to move.
Lord Foulkes of Cumnock
My Lords, I am grateful to the Minister for replying in his usual courteous and helpful way, which I greatly appreciate and which I know the House generally appreciates. I was encouraged by three things that he said. First, he said that the Government do not agree at the moment, which indicates that they are open to looking at the issue further. Secondly, I liked the suggestion that he made about the Solicitor-General and the Attorney-General being able to appeal if sentences are too lenient. I will certainly draw that to the attention of USDAW and others.
There were other Members who wanted to take part in this debate. The noble and learned Lord, Lord Hope, wanted to be here and apologises for not being able to. He said that he would have raised the question about the experience in Scotland. The noble Baroness, Lady Coussins, and the noble Viscount, Lord Montgomery, also wanted to be here. We had rather a long debate earlier, for which I must say I take some of the blame. Only some—a very small part, in fact, I say to the Whip who was nodding rather too enthusiastically there.
Thirdly, the most helpful suggestion of all those that have been made came from my noble friend Lord Kennedy and was very kindly picked up by the Minister—that he is willing to meet a group, including my noble friend and myself, of USDAW and representatives of the trade to discuss this further. I will pass on that very kind invitation and I am sure that it will be taken up. In the light of all those helpful comments, I beg leave to withdraw the amendment.
Digital Bill of Rights
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Lord Faulks
The noble Lord is right that this is a source of anxiety and a matter which continues to alarm all sorts of people and organisations. The consumer has a role to insist on this information being provided. That, rather than legislation, is probably the answer for the moment.
Lord Foulkes of Cumnock (Lab)
Is the Minister aware of the vile, personal internet abuse heaped on supporters of the union in Scotland, including the author JK Rowling—in her case merely for giving £1 million to Better Together? Will he condemn this and indicate whether a Bill as proposed by my noble friend, or some other legislation, could be introduced to protect all of us who suffer such attacks?
Lord Faulks
I am happy to agree with the noble Lord that this is an appalling practice, and I deplore what has been said about those with a particular viewpoint. The internet being used in this way is the enemy of democracy. We should nevertheless be hesitant before we prevent access to the internet. Russia, China and some of the Arab states prevent access to the internet. Once you start doing so, you prevent some of the advantages, economic and otherwise, of this extraordinary phenomenon, now 25 years old.
Queen’s Speech
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Lord Foulkes of Cumnock (Lab)
Before the Minister moves on from the matter of strengthening the provisions of the Proceeds of Crime Act, perhaps I may say that I was a Minister at the time and helped to introduce it in the other place. Can he confirm that all the strengthening of the Act will apply to Scotland as well as to the rest of the United Kingdom?
Lord Faulks
Subject to correction, I think that I can reassure the noble Lord of that.
The Bill will also introduce a new participation offence directed at those who help sustain the operation of organised crime groups and ensure that the penalties for serious cyberattacks properly reflect the harm caused.
The Government are also taking the opportunity provided by the Bill to strengthen the protection of children by clarifying the law on child cruelty, closing a gap in the extraterritorial reach of the Female Genital Mutilation Act 2003 and introducing a new offence of possession of a paedophile manual.
The Government also plan to introduce a modern slavery Bill. Modern slavery is an appalling crime. Traffickers and slave masters, who are often part of organised crime groups, use whatever means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhumane treatment. I am sure that the whole House will join me in deploring the fact that this crime is taking place now in Britain.
The modern slavery Bill will give law enforcement agencies stronger tools to stamp out this complex crime, and it will ensure that perpetrators can receive the sentences they deserve—including, where appropriate, life sentences. The Bill also takes action to enhance protection and support for victims through a new statutory defence for victims who are compelled to commit crime.
Although not specifically referenced in the gracious Speech, the Government intend to introduce a draft Bill to reform the Riot (Damages) Act in the fourth Session. The draft Bill will be the culmination of detailed work undertaken since the events of August 2011 to ensure that the 1886 Act is modernised and provides clarity to stakeholders, individuals and businesses as to what compensation arrangements are to be put in place for the future. In November 2013, an independent review of the Riot (Damages) Act, commissioned by the Home Secretary, was published. The reviewer made a number of recommendations and these form the basis for the public consultation which we will launch shortly. We then plan to present a draft Bill for pre-legislative scrutiny.
Finally, I wish to mention the Government’s firm commitment to health and education. This Government believe in higher standards for all and we are committed to getting every child’s education right, which is why a substantial reform programme is well under way. This programme includes restoring rigour to exams, reforming vocational qualifications, bringing in performance-related pay, reforming teacher training, transforming schools through the academies programme and increasing the total number of apprenticeship places to 2 million by the end of this Parliament.
To improve education attainment and child health, all infants will receive a free school meal. Free childcare will be extended to more of the most disadvantaged two year-olds and a Bill will be introduced to help working families with childcare costs.
During the course of this Parliament this Government have developed a new health and care system which is more patient centred, led by health professionals and focused on delivering world-class health outcomes. We strengthened the role of the Care Quality Commission, with new chief inspectors, a new inspection regime and a new statutory duty of candour on the part of the healthcare providers. With local authorities leading local public health systems and Public Health England providing national leadership and vision on health protection and improvement, this Government have given public health a higher priority and dedicated resources. Through the Care Act 2014, we have delivered the most profound change to the care and support system for a generation, enabling people needing care to be treated with dignity and respect, improving the quality of that care and easing the burden of care costs. During the final Session of this Parliament, the Government will be focused on ensuring that the new health and social care system works with both purpose and integrity.
Some have criticised this Government for having too little by way of legislation in the Queen’s Speech. I reject that criticism. In the areas of law and justice and home affairs alone there is a great deal for Parliament to consider. Experience tells me that much of the detailed scrutiny will take place here in your Lordships’ House. The legislative programme as a whole contains some highly topical and important issues, which will benefit from such scrutiny. However, this Session will be concerned not just with legislation. I appreciate that in the speeches that follow mine there will be a range of issues raised by speakers; those issues, whether they are concerned directly with the Queen’s Speech or not, are likely to set much of the agenda for this final Session.
This coalition Government have achieved much already, but there is more still to achieve. I look forward greatly to the contributions to the debate from all around the House, which will help to indicate how best we can consolidate on these first four remarkable years of government.