Nationality and Borders Bill

Lord Harris of Haringey Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

Finally, I am also given to understand that the use of dental X-rays, techniques and observation is current in the Federal Republic of Germany—

[Lord Harris of Haringey (Lab)]

My Lords, I refer to my interests in this matter in the register. In the event of the Government’s having advice that they proceed with this, whom do they envisage will carry out these dental X-rays? If they are doing so without the consent of the person concerned, will that be a breach of the ethical guidelines? If they are being carried out by non-qualified people, is that not also an offence for those carrying out those X-rays?

[Lord Stewart of Dirleton (Con)]

If I may, I will revert to the noble Lord’s point in the course of my submission; the specific questions that he raised will need some detail, which I do not have to hand but hope to be supplied with before I sit down.

I was talking about the use of ionising radiation in these matters. As I have said previously, the use of ionising radiation in the United Kingdom is highly regulated, and we will ensure that methods used comply with all regulatory requirements and standards. The Age Estimation Science Advisory Committee will have been asked to advise on the ethical considerations for the use of medical imaging techniques. As I have said, the Home Office is exploring a number of potential methods that do not involve ionising radiation, but these may require further research and development to support their technical and commercial viability in assessing the ages of age-disputed persons.

It is important to recognise that techniques develop. In the forensic context, for example, it has been the practice when considering child pornography to employ professional persons—paediatricians and others—to make an assessment of the appearance of the unfortunate people recorded in these images, and to assess from appearance alone what age they were, for forensic purposes, in order that the appropriate criminal charges might be brought.

Also in the forensic context, we recognise that scientific techniques move on. When I was called to the Bar and started to look at criminal work, there was no DNA analysis. Blood testing was available, as was blood group analysis, to assist in drawing certain conclusions. It was not nearly as accurate as DNA testing, but it was available and could in some circumstances exclude a person from suspicion or bring a person into suspicion. Thus, although it did not purport to be able to answer questions with the degree of precision and accuracy that DNA analysis has, it was none the less a valuable technique. It may perhaps be useful for your Lordships to look at what the Government propose ultimately in that context, not as something that will provide a comprehensive answer to exclude all others but, rather, as an additional source of information, which might—I repeat, might—assist, or might be considered to have no value.

Amendment 64A calls for the establishment of a committee independent of the Home Office to consider these matters. It is, however, standard practice for the Home Office to convene its own scientific advisory committees as a forum for policy-making. The Home Office has announced the direct appointment of an interim committee of nine independent members, including the chair, to review the scientific methods of age assessment. The interim chair and committee members were appointed by the Home Office’s chief scientific adviser for a period of not more than 12 months. I return to this point—it may be that I will not need to write to the noble Baroness, Lady Hamwee, but the current interim committee includes experts involved in medical statistics, children’s social work, anthropology, psychiatry, paediatrics and radiology. The intention is that, from this broad range of disciplines, a holistic view of the issues involved in age assessment can be arrived at.

A submission was made, I think by the noble Baroness, Lady Neuberger, about the different appearances of persons coming for assessment. We acknowledge the contributing factors of ethnicity, diet and life experience that may have an effect on things like bone development, and therefore on the results of a scientific age assessment. We will be in a position to take into account all these factors, and I stress once again that the intention is not to present these scientific age assessments as a means of determining the question once and for all but rather, potentially, as available evidence, depending on the views of a committee.

It was my noble friend Lady Shackleton, I think, who questioned the fitness of the Home Office to assess such claims. The figures that I have been given are that the Home Office grants refugee status on humanitarian or humanitarian protection grounds in 90% of cases of unaccompanied asylum-seeking children.

The Government are embarking on this process so that more data is available to assist in what is, necessarily, a difficult area, and one where—as I pointed out to the House on a previous occasion—the Merton assessments undertaken by skilled and experienced social workers may throw up radically different conclusions from examinations of the very same persons. Anything that can be done to assist in that process, by providing additional data, ought to be welcome.

I turn briefly but gratefully to—

Metropolitan Police: Stephen Port Murders Inquest

Lord Harris of Haringey Excerpts

Tuesday 14th December 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

In response to the noble Lord’s question about why the Commissioner was not publicly fronting any statements or comments, one thing we can say is that attitudes in the police have changed since the time of those young men’s murders, which is not to diminish this in any way. The Commissioner is, of course, a member of the LGBT community. I do not know the answer. I do not think it diminishes in any way the horror and the feelings of the Metropolitan Police about what has happened. I will say that, since the time of those murders, diversity within the police has improved—it has a long way to go, but it has improved—and there is more training in place to improve that diversity and the culture in which the police operate.

[Lord Harris of Haringey (Lab)]

My Lords, we all take extremely seriously the findings of this inquest, but could the noble Baroness tell us what steps are in place within the Metropolitan Police, or any other police service in the country, to ensure that when there are adverse findings, as there were in the case of this inquest, or when there are issues raised through reviews by the inspectorate or, indeed, by an independent review, whether commissioned by the police themselves or by the Government, the lessons from those reviews are taken on board, acted upon and continue to be acted upon?

[Baroness Williams of Trafford (Con)]

The noble Lord makes a very good point. We can pay lip service to inquiries and investigations or we can actually try to make sure that there is a shift in the way that we operate. I know the Metropolitan Police is committed to a series of actions, including providing further training to officers, which is clearly needed. With more training and support, response team officers now investigate all but the most serious and complex crimes and victims are not passed between different units, and the quality of each investigation is improving. The College of Policing is regularly reviewing the training offered to police forces, and the NPCC is delivering a series of programmes to support forces in securing the trust of the public. The public need to have more faith in the police and that trust desperately needs rebuilding, certainly in the light of recent events such as the terrible murder of Sarah Everard. The noble Lord will probably know that the NPCC appointed Maggie Blyth as the national police lead for violence against women and girls, and a police plan of action on inclusion and race is also being led by the NPCC. Some things have been done, but there is a long way to go.

Police, Crime, Sentencing and Courts Bill

Lord Harris of Haringey Excerpts

Committee stage
Wednesday 24th November 2021 Lords Chamber

[Lord Ashton of Hyde (Con)]

Because when we started three hours earlier, the usual channels asked us to finish three hours earlier—so it did not achieve anything.

[Lord Harris of Haringey (Lab)]

My Lords, I have listened to this with great fascination. I am afraid that the Chief Whip is being slightly disingenuous. He says that all this time has been spent in Committee in this House on this Bill. Nobody disputes that; it is a fact. But what is significant is that this is new material which has not previously been considered anywhere—except within the bowels of the Home Office perhaps. It is new material and that is why this House needs the opportunity to scrutinise it. Without that scrutiny, it will pass into law without there having been adequate discussion of what are clearly important provisions—they are important because, otherwise, I presume the Government would not have brought them forward.

[Lord Ashton of Hyde (Con)]

But they will be scrutinised, at the Committee stage and then at the Report stage.

Police: Recruits

Lord Harris of Haringey Excerpts

Thursday 28th October 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

In general terms, PCSOs will be recruited according to local need. The noble Lord is absolutely right that they are a very valuable resource for policing. They are very good at community engagement and deliver more than just that visible police presence. Prevention, problem solving and safeguarding the vulnerable remain key and PCSOs are most definitely at the forefront of this.

[Lord Harris of Haringey (Lab)]

My Lords, my noble friend Lord Blunkett highlighted the fact that this welcome uplift will bring police numbers nearly back to the level they were at before this Government cut them. We all welcome a sinner that repenteth, but is it right to gloat about such a repentance? Could the Minister also acknowledge that, for a police officer to be effective, they need the appropriate support structures and staffing, including not only PCSOs, as has just been mentioned, but forensics and all the other support services? None of that is covered in this uplift. What the Government are doing is recruiting police officers without the support structures they need. Will the Government remedy that?

[Baroness Williams of Trafford (Con)]

I agree with the noble Lord on an awful lot, but I disagree with the term “gloat”. I do not think we have been gloating about it at all. This House has talked frequently about the need to increase police numbers. In light of the changing patterns of crime, we have done just that, in line with what the public want.

Police: Body-worn Videos

Lord Harris of Haringey Excerpts

Wednesday 7th July 2021 Lords Chamber

Asked by

[Lord Harris of Haringey]

To ask Her Majesty’s Government what progress they have made on enabling the police to release material from body-worn videos in a timely fashion following an incident.

[Lord Harris of Haringey (Lab)]

My Lords, I refer to my policing interests as declared in the register and beg leave to ask the Question standing in my name on the Order Paper.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the release of material from body-worn videos is a matter for police forces. To assist the police in taking decisions on the release of such material, the National Police Chiefs’ Council issued advice to forces in November last year. The Government support the police taking a proactive approach to considering the release of body-worn video to increase transparency, build public confidence and correct misleading information that circulates online.

[Lord Harris of Haringey (Lab)]

My Lords, I am grateful to the noble Baroness for that response. She said that the Government want police forces to be “proactive”, but the reality is that it is the work of a moment for a very partial video of a particular incident to be circulated widely on social media, yet it takes a very long time for police to release their version of events on the basis of body-worn video. That undermines confidence in the police and allows on occasions false rumours to circulate. How proactive does the Minister expect police forces to be, and does she agree that such material should be made available within 24 hours rather than in the rather long term, as happens at the moment?

[Baroness Williams of Trafford (Con)]

I totally agree with the noble Lord that space between online circulation of video and the police reactively putting the video online creates a vacuum for speculation and can undermine the criminal justice process, so I think speed is of the essence. For that reason, I am very grateful to the noble Lord for asking the Question.

Daniel Morgan Independent Panel Report

Lord Harris of Haringey Excerpts

Tuesday 22nd June 2021 Lords Chamber

[Lord Harris of Haringey (Lab) [V]]

My Lords, I refer again to my policing interests as set out in the register. The finding of institutional corruption is uniquely serious, but two issues are being conflated. The first is the corrupt relationships that undoubtedly existed between police officers, criminal groups and the news media that frustrated a proper investigation of the murder of Daniel Morgan. When I chaired the Metropolitan Police Authority, there was a system of integrity-testing police officers on an intelligence-led basis, but also randomly. My understanding is that the latter was phased out during Boris Johnson’s mayoralty. Does the Minister agree that this was unwise?

The second issue is the culture of defensiveness. The Daniel Morgan report suggests that such a culture is just as significant now as it was when I first raised the need for a further investigation into the 1987 murder and was told by the then commissioner that there was no point as the case was 15 years old, the Met had changed and a fresh investigation would only undermine the reputation of the police. Openness and accountability are essential, so will the Government lead by example?

[Baroness Williams of Trafford (Con)]

I apologise to the noble Lord because the sound was not very good, but I understood that he sees a culture that has not changed over many years, particularly one of defensiveness. The report makes it clear that there were significant failings in the Met and that the force put its reputation first, ahead of its duty to the public.

The vast majority of Metropolitan police officers, who work tirelessly to keep us safe and often put themselves in the way of danger, cannot be forgotten. They uphold the highest standards expected of them. Lessons need to be learned and the Home Secretary has decided that she wants a clear and transparent response from the commissioner, as the noble Lord says.

Law Enforcement Agencies: Duty of Candour

Lord Harris of Haringey Excerpts

Tuesday 22nd June 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I agree with the noble Baroness and I thank her for the work she has done to bring forward this report, which I am sure will be a source of learning for both the Government and the Metropolitan Police. Regarding the policies and procedures and what has changed since the murder of Daniel Morgan, as the noble Baroness probably knows, a code of ethics for the police was introduced in 2014, and in 2020 the standards of professional behaviour were changed to clarify that failure to co-operate with investigations and inquiries could constitute misconduct. Much has changed for the better since the murder of Daniel Morgan, but, as the noble Baroness says, this is by no means the end of this very long story.

[Lord Harris of Haringey (Lab) [V]]

My Lords, I refer to my policing interests in the register. I campaigned for a duty of candour in the NHS. My review, Changing Prisons, Saving Lives, recommended a similar duty for the offender management service. So, of course, it is right that a similar duty should be placed on police. However, the Minister said that everything must wait for the response from the commissioner, the review by Her Majesty’s inspectorate and a full response to the Hillsborough inquiry. But this is a free-standing issue—a duty of candour could be introduced now. What is the Home Office waiting for? Will the Minister make a clear commitment to legislating on this today?

[Baroness Williams of Trafford (Con)]

It is important to answer the noble Lord’s questions. The Home Secretary is keen to speak to the family before taking such measures forward. There were trials going on until recently. The families are very important in helping the Home Secretary on what steps to take forward.

Police: Sarah Everard Vigils

Lord Harris of Haringey Excerpts

Wednesday 17th March 2021 Lords Chamber

Asked by

[Lord Harris of Haringey]

To ask Her Majesty’s Government what discussions they had with police chiefs about vigils on 13 March in memory of Sarah Everard prior to those vigils taking place.

[Lord Harris of Haringey (Lab) [V]]

My Lords, I draw attention to my interest in the register and beg leave to ask the Question standing in my name on the Order Paper.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con) [V]]

My Lords, as my right honourable friend the Home Secretary has said, she met Commissioner Dame Cressida Dick last Friday and over the weekend to discuss the vigil. Her view that the images from Saturday are upsetting is a matter of public record and she has asked for an independent review into the matter.

[Lord Harris of Haringey (Lab) [V]]

Ministers have made it clear for months that there should be a tougher approach to Black Lives Matter, climate emergency and anti-lockdown demonstration, and all that is reflected in the Police, Crime, Sentencing and Courts Bill. Operational independence does not preclude Ministers, PCCs or mayors from providing advice to police leaders on how their actions will be seen and on the community effect of operational decisions. That is what political oversight is all about, so what advice did the Home Secretary offer on this occasion? When she and the commissioner spoke by telephone while the ugly scenes on Clapham Common were taking place, what did they talk about—the weather?

[Baroness Williams of Trafford (Con) [V]]

My Lords, I will quote directly from the Home Secretary, who said:

“It is right that I have had many discussions with the Metropolitan police and specifically the commissioner on Friday and over the weekend in relation to preparations and planning prior to Saturday evening. My comments are public and on the record regarding what has happened and, quite frankly, the upsetting images of Saturday evening. A review is now being conducted by Her Majesty’s inspectorate of constabulary. It is right that that takes place.”—[Official Report, Commons, 15/3/21; col 29.]


The noble Lord talks about operational independence. It is absolutely right that the police have operational independence, but it is also absolutely right that, first, the Government make the law and, secondly, that conversations take place between the Executive and some of the agencies of government.

Stop and Search

Lord Harris of Haringey Excerpts

Wednesday 3rd March 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I trust the police to use their powers in a fair way to tackle serious violence and protect communities. It is right that these powers are used to stand firm against criminals who break the law. Every knife taken off our streets is a potential life that is saved, and, in 2019-20, stop and search removed over 11,000 weapons and firearms from our streets and resulted in over 74,000 arrests. It is a tragedy that young black men are disproportionately more likely to be the victims of knife crime—no one should be targeted because of their race. The extensive safeguards in place now, such as statutory codes of practice and the use of body-worn video, are important safeguards to ensure that it does not happen.

[Lord Harris of Haringey (Lab) [V]]

I refer to my interests in the register. We all want proper scrutiny of stop and search, but we have also seen highly disturbing clips on social media of what appear to be inappropriate stops. Those who post them have surely waived their right to privacy. Given that, as police body-worn video makes it possible to see the context—particularly what went on before the stop and why it took place—will the Government make it possible for the police to publish the full videos in a timely fashion to counteract misleading impressions from truncated social media clips?

[Baroness Williams of Trafford (Con)]

I totally concur with the noble Lord that, sometimes, what you see in a snapshot is not actually indicative of what happened in the round. Obviously, the police are operationally independent of government, but the safeguards, which include body-worn video and data, are very important in this area. We now collect more data on this than ever before, allowing local scrutiny groups, police and crime commissioners and others to hold the forces to account. However, I thank the noble Lord for that question because it is a very important point.

Law Enforcement: Brexit Impacts

Lord Harris of Haringey Excerpts

Wednesday 6th January 2021 Lords Chamber

Asked by

[Lord Harris of Haringey]

To ask Her Majesty’s Government what assessment they have made of the impact on law enforcement agencies in the United Kingdom of (1) not having access to European Union databases for the purposes of investigating crime, and (2) the replacement being put in place for the European arrest warrant.

[Lord Harris of Haringey (Lab)]

My Lords, I draw attention to my interest in the register and beg leave to ask the Question in my name on the Order Paper.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the safety and security of our citizens is the Government’s top priority. That is why we have secured an agreement delivering a comprehensive package of capabilities that will ensure that we can work with counterparts across Europe to tackle serious crime and terrorism, protecting the public and bringing criminals to justice. Importantly, this agreement includes arrangements facilitating streamlined extradition and the fast and effective exchange of data.

[Lord Harris of Haringey (Lab)]

My Lords, on Christmas Day, the Home Secretary issued a statement saying that the new agreement with the EU was “historic” and would

“make the UK safer and more secure”.

Will the Minister tell us precisely in what ways the deal makes us safer and more secure? How will the loss of direct, real-time data-sharing access, and the loss of access to the Schengen database of alerts about wanted or missing people, stolen firearms and vehicles, conceivably help our law enforcement agencies?

[Baroness Williams of Trafford (Con)]

My right honourable friend the Home Secretary is absolutely right. This deal is historic and it will keep us safe. In terms of SIS II, to which the noble Lord refers, as he knows, the EU took the position that it was legally impossible for any non-Schengen country to be included. We obviously are using Interpol and bilateral channels to facilitate that. It is important that we get SIS II into perspective, because every time that a UK law enforcement officer checked policing or border systems, it counted as a check against SIS II. That is why there were 572 million checks in 2019. Less than 0.5 per cent of those SIS II records related to persons of law enforcement interest.