It may not be my bailiwick but the well-being of my colleagues and, indeed, the whole House is of utmost importance, so I have asked that the extended opening hours of establishments all over the House, including the Terrace, until midnight be circulated.
My Lords, could I be reminded of what the Companion says about the normal finishing times for business in this House? Is it not the case that the way that this is being structured is almost a punishment beating for the House of Lords for daring to question a particular piece of legislation? The Commons is considering it earlier in the day and then we will have the usual four or five hours while a message comes from one end of the building to the other. It will then be digested before we start our business so that the message can go back—if there is a message—and the Commons can consider it tomorrow, early in the day, and then presumably it will be sent back to us for us to consider right at the end of the day. Would it not be better for us to agree that we finish at the normal time tonight, then consider it at a sensible hour tomorrow and, if the Commons needs to consider again, it can do it either very late at night tomorrow or wait until the following day?
My Lords, I think the House will agree that there is nothing unusual about this ping-pong process. One thing that has led to a slight delay today is that there was a Statement in the House of Commons. The Statement is coming first, followed by the consideration, then the Bill is coming back to us. That is not unusual. I hope that the noble Lord will be satisfied.
(2 years, 4 months ago)
Lords ChamberMy Lords, I refer to my interests in the register and beg leave to ask the Question standing in my name on the Order Paper.
My Lords, the estimated cost from 2015-16 to 2036-37 is £11.3 billion. This includes £1.6 billion for programme costs, compared with the original estimate of £1.2 billion. The current Airwave system costs about £450 million annually, compared with £250 million for the emergency services network, delivering around £200 million of annual savings after Airwave shuts down. This could vary depending on the outcome of the current CMA investigation. The 2021 business case expected ESN transition in 2024, with Airwave shut down in 2026. However, changes to programme delivery arrangements may impact timelines.
My Lords, I am grateful to the Minister for that Answer. The original business case said that the cost of the programme would be £5 billion. We are now talking about £11.3 billion and delivery probably nine or 10 years later. This was cutting-edge technology that would, we were always told, be world beating—we have heard that before—but in fact, as the National Audit Office pointed out, it has never been proven in real-world conditions. Who exactly is responsible for this fiasco? When this fiasco is finally delivered, will it ever deliver the capability expected? Near-instant calls at the push of a button are vital for emergency services and policing. Will they be provided?
The timeframe for switch-on of the new emergency services network, as I said in my initial response, is 2026. I shall be working to make sure that that timescale is met, if I am still in post.
My Lords, the noble Lord opposite talked about the importance of text in this, but what is actually crucial in an emergency situation is voice communication at the point concerned. The worry that many within the emergency services have is that that is being treated as secondary to text and data. What consultations will there be to make sure that these new arrangements and this new system are fit for purpose in the eyes of those who will use it?
I can assure the noble Lord that the new system will not be switched on and up and running until there is that user confidence in it, which goes to his point.
(2 years, 8 months ago)
Lords ChamberMy Lords, the numbers will not be cut; they are going up quite significantly—I think they went up 9% in the last year. On the point about diversity, the noble Lord is absolutely right; we talked about this last year in relation to the HMICFRS report on the back of the Daniel Morgan inquiry. Over the last four years, numbers have gone steadily up in terms of BME representation in the Metropolitan Police.
My Lords, I refer to my interests in the register. Of course, it is to be commended that the Government are putting more resources into police numbers, but that is only to reverse the cuts that they themselves made. Can the Minister tell us how many of those who are being recruited as part of the uplift programme have actually completed their training and not dropped out or been found not to have met the necessary requirements? What are the Government doing about the chronic shortage of detectives, which is now apparent partly because of the loss of police officers over the last 12 years?
My Lords, the noble Lord raises an important point about how many officers have taken up their posts. The total number of officers recruited is nearly 140,000, which is an increase of nearly 10%, as I said. I do not know the dropout number. I suspect that 140,000 is the overall number, but if there are any dropouts I will let the noble Lord know.
(2 years, 8 months ago)
Lords ChamberI agree with the right reverend Prelate and I think I pointed out, either yesterday or the day before, that one thing we can be positive about is the increasing representation of BAME communities within the Metropolitan Police force.
My Lords, I refer to my policing interests in the register. I hope there is no satisfaction within the Metropolitan Police that the inspectorate has not confirmed the findings of the independent inquiry that the force is institutionally corrupt—although the inspectorate has said that it is not yet in a position to make a final judgment on that.
A point has just been made about vetting. I have just concluded an inquiry looking at London’s preparedness on terrorism issues. I looked at some of the vetting issues, but not in the detail that some of the new reviews will be going into. I came across one firearms officer who told me that he had not been repeat vetted for 21 years. So the issue is not just about vetting to get in or when a new role is taken on; it is about how often it is repeated. I wonder whether the Minister will say whether the Home Office or the College of Policing will be giving clearer guidance on that.
My second point is that 20 years ago, when I was responsible for overseeing the work of the Metropolitan Police, we introduced a process of random integrity testing. If a police officer received a bribe, they would not know whether it was being proffered by a criminal or perhaps by the force’s own professional standards department. At some point in the intervening period—I do not know who was mayor at the time—that was stopped in favour of intelligence-led integrity testing. Will the Minister be trying to go back to the process of random integrity testing? I think that is important.
I have one final point, if I am not overstaying my role here. We have talked about the problems with warrant cards. We talked about the murder of Sarah Everard. Why is it not possible for every warrant card to have a RFID chip in it? That would mean that it would be possible to track exactly where the cards were and what they were being used for at the time.
My Lords, I was not thinking so much about the warrant card in tracking, but if I get sacked as a Minister tomorrow because I have done so badly at this Statement, the minute I get sacked I can no longer get into the Home Office. I have been thinking of all sorts of practical solutions to this. I think it is a very serious question for the police to answer, given that there are 2,000 cards out there; it is not just 200, it is 2,000. I totally accept the noble Lord’s point about finding innovative solutions.
On the repeat vetting, the Government expect the College of Policing to consider the findings from this inspection and other relevant inquiries and then to update its guidance appropriately, as the noble Lord said. We will now consider next steps, following the wider vetting inspection being carried out by the inspectorate. We want to make clear that the Met must take immediate steps to safeguard its workforce and, as a result, the wider public.
On the noble Lord’s first point about whether there is any satisfaction in the Metropolitan Police about this report, it would take a strange person to find any satisfaction in this report.
(2 years, 8 months ago)
Lords ChamberWell, I hope I can help the right reverend Prelate in saying that we are surging capacity and capability in the VACs. It is not acceptable if people are being told that they have to wait until the end of April. I certainly hope that, when I next return to this House with an update, it will be a far more positive picture.
My Lords, the whole House recognises that the noble Baroness the Minister is a very empathetic person, and she is quite clear about her sincerity in trying to help refugees from Ukraine. However, the Minister for Justice in Ireland today met Ukrainian refugees arriving in that country and ushered them to a separate room, where they were given national insurance numbers or the equivalent and told how to get help with medical and housing requirements. Why is it that we, a similar nation, are requiring that people apply—very bureaucratically—hundreds of miles away and fill in numerous forms, rather than simply directly accepting people from Ukraine and dealing with them here?
There is one area where I will depart from the noble Lord, which is on the need to make sure that people are who they say they are. If someone says they are Ukrainian and in fact are not—particularly if they are someone who we might not wish to have in this country because of their behaviour—it is really important that that place is not taken by someone who has no genuine right to be here. So I do not make an apology for that, but I otherwise completely concur with the noble Lord. We are country that welcomes people and tries to provide as much support as we can—and, as I said, my right honourable friend the Home Secretary was in Poland at the weekend.
(2 years, 10 months ago)
Lords ChamberMy Lords, I want to make the very simple point that even if the Government were not going to accept the amendment, the clause would be pretty nonsensical due to the very strange way in which it defines “national infrastructure”. It has a unique set of definitions that includes some things that would not normally be regarded as infrastructure and excludes other things that are critical to the nation and the way it operates.
My Lords, I thank the noble Lord, Lord Rosser, who has explained that the amendment would remove Clause 80 from the Bill. It defines “key national infrastructure” for the purposes of the Government’s proposed offence of interfering with the operation or use of key national infrastructure. Of course, I was extremely disappointed that the House voted not to add this new offence to the Bill on Report. The proposed offence would help protect the British public from the misery that certain individuals targeting our key national infrastructure have been able to cause.
The Government fully defend the right to peaceful protest, but we stand behind the British public in protecting them from the serious disruption caused by some who think their right to protest trumps the rights of the public to go about their daily lives. That said, the fact remains that as your Lordships did not support the introduction of the new offence, we are not going to play games: what is now Clause 80 of the Bill is redundant, and, consequently, the Government will not oppose this amendment.
(2 years, 11 months ago)
Lords ChamberIn 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.
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?
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.
(3 years ago)
Lords ChamberIn 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.
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?
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.
(3 years, 4 months ago)
Lords ChamberMy 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.
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.
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?
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.
(3 years, 5 months ago)
Lords ChamberI 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.
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?
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.
(3 years, 5 months ago)
Lords ChamberMy 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?
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.
(3 years, 8 months ago)
Lords ChamberMy 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.
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.
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?
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.
(3 years, 8 months ago)
Lords ChamberMy 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.
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?
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.
(3 years, 10 months ago)
Lords ChamberMy Lords, I draw attention to my interest in the register and beg leave to ask the Question in my name on the Order Paper.
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.
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?
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.
(3 years, 11 months ago)
Lords ChamberI agree whole- heartedly with the noble Baroness: she is absolutely right that the figures she quotes are staggering and worrying. I commend the Internet Watch Foundation for the work it is doing. I know that officials are engaging very closely with the IWF to explore what more we can do to tackle this sort of online grooming. I also know that RSE in schools is another area through which we can engage with children to prevent this sort of thing happening in the first place.
My Lords, the UK Safer Internet Centre recently reported that in one week alone earlier this year 700 young girls, most of them between 11 and 13 years old, were coerced into filming their own abuse and posting it online, where it is easily shared, repeating the trauma and victimisation time and again. What progress have the Government made in getting social media companies to take down all such images, including those that have been shared, as they are reported? Which companies are not complying with this process? Can the Minister also confirm that funding for the UK Safer Internet Centre has been secured as a result of the Chancellor’s Statement last week?
I cannot confirm the answer to the noble Lord’s question about the funding for the UK Safer Internet Centre, but I will confirm it to him in writing. The figure that he quoted of 700 girls in one week is just staggering in its magnitude. Of course, this is a problem of this generation: my children were certainly not subjected to this type of coercion, either by their peers or by groomers online. This is the double concern. I know that Five Eyes are working together with some of the internet providers and social media sites and that the Home Secretary has been engaged in this work, specifically with Facebook.
(4 years, 1 month ago)
Lords ChamberMy Lords, the current deformation in clay standard for police equipment is 25 millimetres, which is far more stringent than international standards. The deformation in clay standard for MoD equipment is 44 millimetres. The testing meets those criteria.
My Lords, lighter-weight armour is welcome, but a report in the Mail on Sunday last month—I am sure that the Minister saw it—said that this type of body armour is not fit for purpose because of the risk of behind armour blunt trauma. Although the bullet itself is stopped, the force causes the plate to bulge into the body, causing serious damage. Is the Minister saying that the Mail on Sunday got it completely wrong and made up the tests that it carried out? An NHS trauma consultant described the resulting injuries as “unsurvivable”. This is all very disturbing and suggests that the standards used are inadequate. Has the Home Office discussed the Mail on Sunday findings with the Police Federation? If so, were its representatives satisfied as a result of those discussions?
The Home Office view is that the recent testing reported in the media was unscientific. On the tests, Home Office officials contacted the DSTL for its views: it does not believe that the Mail on Sunday tests demonstrate a weakness in the equipment that it has approved.
(4 years, 1 month ago)
Lords ChamberThe noble and learned Baroness will probably know that we have already rolled them out in a third of local authorities in England and Wales. That work is progressing, starting with those areas with the highest need in requiring independent guardians for children who have been trafficked.
My Lords, last weekend, in Trafalgar Square, alongside the anti-maskers and the anti-vaxxers were conspiracy theorists who believe that an international elite is kidnapping children for abuse, sacrifice and to drink their blood—an insidious resurgence of historical anti-Semitic blood libel. These people have hijacked the legitimate concerns about child trafficking and abuse. This vile nonsense is circulating increasingly widely and, worryingly, is gaining credence. What are the Government going to do to combat it?
The noble Lord will want, as I do, to see the online harms White Paper become a Bill in Parliament. Much work is going on to tackle that sort of abuse, which is probably on the increase during the Covid pandemic. On conspiracy theorists of all descriptions—including anti-vaxxers and those against 5G masts, which we saw at the beginning—clearly that sort of misinformation can be incredibly harmful.
(4 years, 2 months ago)
Lords ChamberMy Lords, I beg leave to ask the Question standing in my name on the Order Paper and draw attention to my interests in the register.
My Lords, the removal of Huawei equipment from EE’s network is being managed and monitored closely to ensure that any disruption to the build or operation of the emergency services network —otherwise known as ESN—is avoided. We do not anticipate any impact on programme schedules.
My Lords, I am sure that that is intended to be good news, but this has been an omnishambles from day one. It was supposed to take four years; now it is 10. We are the only country in the world using this technology. Is there any police, fire or ambulance chief who has confidence in this project? Last year, the PAC was told that it was running £3.1 billion over budget and would cost £9.3 billion, and now it has been delayed by another two years. So what will the final bill be before we have a communications system on which our emergency services can rely?
(4 years, 5 months ago)
Lords ChamberI join the noble Baroness in offering condolences to the families and those who have lost loved ones. She talked about an issue which crosses society, religion and all sorts of boundaries. It is a multi-government effort to ensure that our communities feel included, safe and protected from violence.
My Lords, I refer to my interests in the register. I welcome the Minister’s reaffirmation of the intention to legislate on a protect duty. Reference has already been made to the bravery of the unarmed police officer who rugby tackled the alleged perpetrator. Can the Minister tell us whether any armed response units were scrambled to the scene and how long it took them to arrive? I am aware from my work on London’s preparedness that, in recent incidents in the capital, armed police have been on the scene within a small handful of minutes. London is resourced well in recognition of the higher level of risk. My purpose is not to criticise Thames Valley Police but to establish whether there are sufficient armed police outside London. What are the Government doing about this?
(4 years, 5 months ago)
Lords ChamberIt is a matter for SAGE when to publish its advice. It published advice from 23 March. As I said in my Answer, the Home Secretary has agreed to publish a summary of the advice in due course.
The noble Baroness makes it sounds as though SAGE was rather lukewarm about this change. Could she tell us whether the national police chiefs’ guidance was shared with it, namely that it would not be the role of the police to conduct spot checks on those who should be isolating, and that they will act only if the public health authority suspects that someone is not following the guidelines? They ask how the public health authorities will know this, since, as the Immigration Service Union says, Border Force officers will not be able to check basic information such as the address at which a new arrival plans to self-isolate. They say that it is a shambles, so was SAGE told how much of a sham these quarantine rules are and is that why we are not being given more detail?
My Lords, I think that Parliament has been given a lot of detail on this. On spot checks, PHE will do dip sampling of 20% of arriving passengers. If information on where to contact people is not forthcoming at the border, a fine can be issued.
(4 years, 6 months ago)
Lords ChamberThe noble Baroness’s noble friend Lord Beith helpfully distinguished between the two. The regulations are drafted in a way that draws a distinction between them and the guidance. The regulations are the law and the law is what applies. They set out the legal obligations and the guidance sets out best practice to assist in compliance with the law. While examples of inconsistencies have been reported in the press, given that 86% of the public are complying with the law and 70% support what the police are doing, I think that we are going in the right direction.
My Lords, I refer to my interests as set out in the register. Policing by consent is the foundation of policing in this country. If interactions with the public are heavy-handed or disproportionate when dealing with Covid-19 issues, there is a real danger that support for policing will be jeopardised. The police are now themselves saying that this will become more difficult as the lockdown messages become more nuanced. Does the Minister agree that local police commanders should consult at least weekly, if not more frequently, with local MPs and council leaders about which issues of social distancing and the like are arising locally and what the appropriate response should be in that locality?
I hope the noble Lord will be comforted by the fact that every single day I join the Home Secretary on operational calls to not only the Met police but other law enforcement agencies. We also speak each day to a regional lead. I hope this will reassure him that we are doing just that and that we remain engaged with local law enforcement as we go through a very difficult process.
(4 years, 9 months ago)
Lords ChamberI am suitably chastised; I shall go back, ask that question and update both noble Lords in writing. On the independent review of Prevent, I take this opportunity to thank the noble Lord, Lord Carlile, who is very modest about his knowledge of Prevent. I understand that the next steps are being considered, but I take the point that there is an end date to this. The Government intend to look at options for taking this work forward.
The noble Lord, Lord Harris, and the right reverend Prelate the Bishop of Southwark, asked about places of worship. The Government, of course, funded security training for mosques during Ramadan in 2019. We have committed to a fifth year of the Places of Worship Protective Security Funding Scheme and we are developing security training for places of worship of all faiths. We will also open a funding consultation on what more can, and should, be done to protect faith communities.
The noble Lord, Lord Harris, asked about schools. Through the Counter-Terrorism and Security Act 2015, we introduced the Prevent statutory duty, which requires local authorities, schools, colleges, universities, health bodies, prisons and probation services, as part of their day-to-day work, to prevent people being drawn into terrorism. We keep the guidance issued to organisations on this duty under review to ensure that it is fit for purpose in this changing world.
I am sorry to interrupt the Minister, particularly as time is getting on, but that is about the Prevent duty. I was talking about Protect, and whether guidance could be given to schools so that one of their governors could take over that responsibility—just as they do over safeguarding—to ensure that appropriate measures are in place and teachers know what would happen were the school to come under attack, whether from a terrorist or somebody else, as the noble Lord, Lord Anderson pointed out.
I thought the noble Lord had asked about a Protect duty but I sent a note to the Box and got an answer back about Prevent. Obviously, all schools have a duty of care to their children but I will have to get back to the noble Lord on the question of offering advice and guidance on protecting children. I did think that I might not have answered his question. He raised the issue of primary legislation in the form of a Protect duty. In the London Bridge report, Prevention of Future Deaths, the coroner notes that careful work would be required to ensure that any such statutory duty were effective.
I want to assure noble Lords that, as the Security Minister wrote earlier this month, this work has the full support of the Prime Minister and Home Secretary, and we are working quickly to come up with a solution that will honour the memory of those affected by terrorism as well as other threats. We continue to engage with interested parties as this work progresses and hope to make a further announcement in due course. On the question of whether I will support the Bill being introduced by the noble Lord, Lord Harris, I would like to see it before making any comment. I thank all noble Lords who have taken part in this debate.
(4 years, 10 months ago)
Lords ChamberMy noble friend is of course absolutely right.
My Lords, given that these techniques are used not just by police forces but by many private sector organisations, will the noble Baroness give us a very clear assurance that we will not face a situation in this country where our police and security forces are operating in a more restrictive environment than private sector organisations?
The noble Lord makes a very good point and I think I know to which cases he is referring. The police must be able to use the technology available for policing purposes, but within the framework I have just discussed.
(5 years, 1 month ago)
Lords ChamberMy Lords, I draw attention to my interests in the register and beg leave to ask the Question standing in my name on the Order Paper.
My Lords, first, I commend Figen Murray and the campaign team for their efforts to improve security and safety in memory of her son Martyn. The Government have discussed the proposals in the campaign with Figen Murray and others campaigning for Martyn’s law. We continue to consider where improvements can be made to ensure the safety and security of the public in crowded places. That includes considering whether it would be appropriate to legislate on protective security and preparedness measures.
I am grateful to the noble Baroness for that Answer. Martyn Hett was one of the 22 people who went for a night out in Manchester Arena and never came home. Many people will find it extraordinary that, given we already have so many regulations that sit on places of public entertainment and so on, it is not a legal requirement for such venues to carry out sensible, appropriate and proportionate security checks on those attending them. Will the Government give a firm commitment that they will move forward on this?
I know that the Security Minister met Martyn’s mum on 13 September, and whether legislation is needed is certainly one of the things that the Government are considering. I totally concur with the noble Lord that a lot of regulations are in place, but one thinks of some of the events over the last few years, particularly the shocking event in Manchester—I was there when the first bomb went off and I will never forget that night, particularly as I thought of the children of friends and family. Certainly the Government are seriously considering it.
(5 years, 1 month ago)
Lords ChamberI totally empathise with where the noble Baroness is coming from. She speaks from personal experience when she outlines the devastation that knives can cause to communities. I have some empathy with the “No Points” campaign, although there are very dangerous knives that do not have points at all, such as machetes. The Government believe that the current controls, which will be strengthened by the Offensive Weapons Act, will support this. A further point—no pun intended—is that it is not only legislation that will reduce and curtail knife crime.
I declare my interest as chair of National Trading Standards, an organisation that receives Home Office money to deal with the sale of knives to underage people. Can the noble Baroness tell the House what further measures she thinks are necessary in respect of handling online sales—making sure that delivery points are properly safeguarded and follow the law—and whether similar arrangements should be extended to the sale, in stores or online, of acids and corrosive materials?
This is a subject that the noble Lord, Lord Kennedy, and others discussed with me during the passage of the Bill. We decided not to do so—that corrosive products are clearly labelled. It is true that in both the online and retail worlds, age has to be verified at both ends, and how the online or street retailer does that is up to them. It is, however, an offence to deliver to a delivery box or a residential address without that verification.
(5 years, 1 month ago)
Lords ChamberI agree with the noble Lord that the emergence of these new technologies necessitates a very careful approach. The live facial recognition technology is currently being trialled rather than fully rolled out, so we need to be very careful about it. In terms of oversight, the Surveillance Camera Commissioner has provided guidance for the police. We have established an oversight board, and the police are bringing forward proposals for new trials. We are working with the police on the development of national operational guidance, which will capture the lessons learned, as well as best practice. However, the noble Lord is absolutely right: with all these new technologies, we need to tread with extreme care and balance their proportionate use with the interests of the public.
My Lords, I refer to my interests as listed in the register. Is it not the case that the genie is out of the bottle as far as many of these technologies are concerned? They are in current use in the private sector, as well as being used by investigatory agencies. Can the Minister confirm the regulatory frameworks for the use of these technologies which apply and which are legally binding on the private sector, and will the Government give an undertaking that the police and the other agencies will not be disadvantaged compared with the private sector in accessing and using these technologies?
The noble Lord makes a good point. As I said to the noble Lord, Lord Anderson, the use of this technology is being looked at by the ICO. It has launched an investigation following concerns about the use of LFR by managers of shopping malls in and around King’s Cross. I have explained the oversight process to the noble Lord but, as I said to other noble Lords, it is very important that the technology is used proportionately and within the law, and of course the court judgment last month confirmed that that was the case.
(5 years, 5 months ago)
Lords ChamberMy Lords, I draw attention to my interests as declared in the register and beg leave to ask the Question standing in my name on the Order Paper.
My Lords, the Border Force and other law enforcement organisations are successfully working together with international partners to secure our borders from a range of threats, including firearms and harmful substances, and to disrupt and prosecute organised criminal groups. The Government have been consistently clear that border security will remain our priority now and after the UK leaves the EU.
My Lords, I am grateful to the Minister for that Answer, but it sounds rather complacent. For example, Chief Constable Andy Cooke has warned that police and border officials are struggling to stem the rise in illegal guns being smuggled into this country. The National Crime Agency has pointed out that most criminal firearms have not been used before, which suggests that a “fluid supply” of guns is crossing the border. We also know the degree of confusion and chaos that is likely following Brexit. We know that the senior official responsible for this at the Department for Exiting the EU has just resigned. Is the Minister really saying that she has confidence, first, that the system is preventing dangerous and illegal materials entering this country at the moment and, secondly, that it will continue to do so after Brexit?
I am saying that I am confident. A number of the measures that we have taken over the past few months underline my comments. On EU exit, the Border Force has had an additional £91.7 million on top of its gross annual budget.
I turn to the work we are doing in other states, which is incredibly important because drugs and firearms, which the noble Lord raised, are not a UK problem—they are a global problem and require a global response. We liaise and communicate in a number of forums to ensure the global response that we intend to maintain when the UK leaves the European Union. The noble Lord will also know that my right honourable friend the Home Secretary, in his meeting with Monsieur Castaner back in January, boosted and bolstered our response to the juxtaposed controls and the channel.
(5 years, 6 months ago)
Lords ChamberMy Lords, I am not sure that even the Labour Party would consult Ken Livingstone if it wanted any advice. The congestion charge was done under Ken Livingstone, and I am sure that there were many good people behind it. On a positive note, this infrastructure project is sorely needed, both in terms of its reach and the potential number of victims it can get to. As a result of the upgrade to 4G and 5G it will have reach underground and from surface to air—therefore, there is no going back on it. But, as I said, we need this reset and I am glad that the change notice is being issued.
My Lords, will the £3 billion overspend come from existing policing budgets or is it being found centrally? When I looked at this three years ago, I could not find a single serving emergency service officer at senior or junior level who had any confidence in this system. Has that changed?
My Lords, the team that will be responsible for delivering it has changed, and I know that the Permanent Secretary is taking personal responsibility for its delivery as well. The noble Lord is absolutely right to point out the £3 billion, which is a very large sum; it is hoped that the savings that are realised will go towards mitigating that loss.
(5 years, 6 months ago)
Lords ChamberI thank the right reverend Prelate for those questions. Starting with his last question first, the real benefit of the consultation is that people—including, I am sure, the right reverend Prelate himself—can point out some of the wider risks that we have not perhaps considered in deliberating on the security of not just places of worship but the people who worship there and those who lead people in worship.
He mentioned the point raised by the noble Lord, Lord Rosser, which I neglected to deal with—that is, the balance between security and being welcome and open. People go to places of worship for such a wide range of reasons. We all know the role that the Church has played throughout history through the various operations it facilitates for people who are hungry, homeless, need refuge for the night or just an ear to listen, which is one of the most important things the clergy does. It is always so sad when a church or other place of worship is closed for security reasons. The right reverend Prelate has made a very good point. I know that he is not making a pitch but an offer from the Church of England, and I thank him for the help that it has given with the administration of funding so far.
My Lords, I am grateful to the Minister for repeating this Statement. Three years ago, I reviewed London’s preparedness for a major terrorist incident and had some consultation meetings with faith communities. Complacency may be the wrong word, but I was concerned about the sense that came across from so many of the faith communities that “This would not happen to us because we are good people”, and therefore their unwillingness even to contemplate it. As the right reverend Prelate just said, anyone can be a target. Every faith has been a target somewhere in the world—many in this country.
I was slightly concerned that this is a Statement made by the Home Office as much for show as for reality. This is not new money—the Minister has told us that. Spending £1.6 million between the country’s 60,000 places of worship equals £26 each, which does not buy much in the way of CCTV or physical preventions. If it was just applied to one community, maybe it would be a little bit more. The Minister could not tell us what the average sum spent in the previous round was. According to the Statement, £1.5 million was spent on 134 places of worship, so that was £11,000 per place of worship. Spreading this amount of money and saying that it will target all communities and all places of worship is ambitious, and I therefore wonder what the purpose of this Statement has been, other than to demonstrate that the Home Secretary is doing something.
One of my report’s specific recommendations was that advice and encouragement should be given to every place of worship. If a parochial church, a mosque or a temple has a committee, one member of that committee should be designated to take responsibility for security, to look at the arrangements, to do some general planning and to liaise with the police about what could be done in the event of an attack on that place of worship. Will the Minister pick that up?
I thank the noble Lord for his points and pay tribute to the work that he did, some of which has been subject to questions from myself. He talks about complacency. I think it is fair to say that we are all complacent until something happens to us—we never quite think that it will. He asks whether this is all for show. No, it is not. As we go into the holy month of Ramadan, there are people who are concerned, and I think it absolutely right to reiterate what is and what will be available to them and to give them reassurance.
The noble Lord states the average and says that it is not much, but there will be different amounts within that. Some will have got more, some might even have got less, depending upon the needs. I do not think, so far as I know, that needs have not been met; that is the most important thing. Of course, if demand changes, that will be considered. He makes a very valid point about advice being given to every place of worship. I do not know what advice is given to places of worship, but it is certainly a good suggestion, as is the idea that a specific person might be responsible for it. Of course, the right reverend Prelate might pipe up and say that in fact this already happens, but I thank the noble Lord for his suggestion.
(5 years, 9 months ago)
Grand CommitteeI hope the noble Lord will not mind if I intervene on that point. He is right that, if you want to commit knife crime, you could go to your kitchen drawer and probably get a fairly effective weapon out of it. But that is not the nub of this legislation or of what we are trying to achieve. There are a number of interventions we are trying to make. I think I explained right at the outset when I introduced the Bill that no one intervention is going to solve the problem in and of itself. It is the range of measures that we have in place, including this legislation, that we hope will reduce what has become a scourge in society which is blighting the lives of young people.
My Lords, I should first declare an interest as chair of National Trading Standards which is a recipient of Home Office money and was responsible for the test purchases that have been talked about. However, I do not intend to comment on the detail of those test purchases—partly because I have not been briefed on them—but to make a specific point on the comment of the noble Lord, Lord Paddick, about creating an evidence trail.
One of the issues of concern is young people who decide they need to carry a knife notionally for their protection. It is not that they intend to use it, but they carry it for their protection and unfortunately it then gets used. One has to be particularly concerned about that category of person. They may well have a careful parent who would notice the disappearance of a knife from a knife drawer, or they may believe that they would be stopped or other social pressures be applied if they tried to get one in a way other than online; they would therefore be attracted to the online route. So while this particular mechanism may or may not be the most effective way of dealing with it, this is the category of person one should be concerned about. It is about dealing not with those who are intent on committing knife crime but those who seek to have a knife that no one else knows about, which they can carry with them, because they think it will defend them.
The noble Lord makes a very good point. Young people are being forced to carry knives for protection. We have an awful situation where young people become both victims and perpetrators of knife crime, both in self-defence and, perhaps, more maliciously. I thank him for making that point.
(5 years, 9 months ago)
Lords ChamberUnder a deal situation, the political declaration has provisions for Eurojust, Europol, Prüm and PNR. Leaving without a deal would necessitate us relying on other mechanisms to fulfil those obligations.
My Lords, we will be relying on a 63 year-old convention from the Council of Europe. Will the Minister tell us how long, on average, extradition requests take with those countries where we currently rely on it compared with the European arrest warrant that we have with the 27 EU nations?
It is certainly the case that the European arrest warrant is a very smooth process. I cannot give the noble Lord an estimate of the exact time relying on the Council of Europe convention because it has not happened yet. I can give estimates of what happened when we relied on the convention, but I cannot give an estimate on what has not happened yet. There is no doubt—I think this goes to the nub of the noble Lord’s point—that the European arrest warrant is a very smooth process.
(5 years, 10 months ago)
Lords ChamberMy Lords, are the Government still committed to making homophobic hate crime an aggravated offence or not?
(5 years, 11 months ago)
Lords ChamberI think that is a hint. The Minister may not have been listening earlier when her noble friend Lord Agnew said quite explicitly that school pensions were being fully funded by the Government, so why is it that the schools settlement can be determined and those pensions fully funded yet at the moment she is unable to provide that commitment?
What I am trying to trail, without giving any commitments, is that I am very hopeful that the announcement on 6 December will be that the impact of the employer contributions is mitigated, but obviously I cannot make such an announcement.
(6 years ago)
Lords ChamberI just wanted to correct the Minister. There is no PCC in Greater Manchester; there is an elected mayor.
I beg your pardon. I am sorry—I was making a point about visibility and I knew that the noble Lord would pick that up the moment I said it.
A public consultation on Roger Hirst’s fire and rescue plan, outlining the fire and rescue service’s priorities over the next five years, will soon go live. Staffordshire’s police, fire and crime commissioner, Matthew Ellis, is also beginning to make real headway. For instance, a shared occupational service is providing readily accessible mental health support for all police and fire staff. I know noble Lords will join me in commending such a worthwhile service.
Last week, we saw the third police, fire and crime commissioner established in North Yorkshire, which is the subject of this debate. I am grateful to all those who have taken part. I have listened very carefully to the noble Baroness and her concerns, but I say with great respect that I disagree with the assertions levelled in her Motion. She expressed concern about the lack of assessment undertaken by the PCC. I regret that this betrays a misunderstanding of the robust process that is in place before a governance transfer is approved. Before a proposal is submitted to the Home Secretary, the police and crime and commissioner must publicly consult with all relevant local authorities, local members of the public and those employees who may be affected by the proposal. Commissioner Julia Mulligan duly undertook a public consultation to garner views on her proposal. The consultation ran for 10 weeks and received over 2,500 individual responses from residents, local businesses, employees from the police and fire service and local authorities.
Opposition to the proposal was not widespread, as the noble Baroness maintained. It is clear that the status quo in North Yorkshire had not been aiding collaboration across the emergency services. All local stakeholders agreed that some change in governance was needed to aid collaboration. The North Yorkshire branch of the Fire Brigades Union supported a governance change and the PCC’s consultation resulted in over half of respondents supporting the PCC’s proposal to take on responsibility for the fire service.
I accept that that means that some respondents did not support the proposal, but such views were in a minority. These views have been considered very carefully. North Yorkshire County Council and the City of York Council did not support the proposal, as the noble Baroness, Lady Harris, said, and the noble Baroness, Lady Pinnock, highlighted that the fire and rescue authority disagreed with the proposal.
As a result of the objections from North Yorkshire County Council and City of York Council, the Chartered Institute of Public Finance and Accountancy, as noble Lords mentioned, was commissioned to undertake an independent assessment of the proposal. CIPFA is independent, has substantial public sector finance expertise, and experience of working in both the policing and fire sector. Importantly, CIPFA discussed the proposal with local leaders, including the chief fire officer and his senior management team, the leader of North Yorkshire County Council and the leader of City of York Council.
CIPFA concluded that the PCC had conducted a wide-ranging consultation, with public events held on market days, and allowed adequate time for responses, especially taking account of the holiday season. CIPFA also noted that there is,
“no increased risk to public safety due to the proposed change in governance and there may be benefits in the future”,
as other noble Lords noted. On that point, I make clear that maintaining public safety is a core part of the fire and police service’s role. Its commitment to public safety will not be compromised.
The Home Secretary had due regard to CIPFA’s assessment and the PCC’s proposal alongside the consultation and representations made. In June, the Home Secretary was satisfied that the proposal was in the interests of economy, efficiency and effectiveness and did not have an adverse effect on public safety. I reassure noble Lords that the distinction between policing and fire will remain: this is not an operational takeover. I recall the very firm arguments to that end that were made in this Chamber when we discussed the Bill.
The new police, fire and crime commissioner will be subject to robust scrutiny between elections. The police and crime panel has a range of appropriate powers to scrutinise the decisions of commissioners that affect their communities. The Act makes it clear that the functions of the police and crime panel will be extended to include the fire service. The panel will need to ensure that it has the right skills and knowledge relating to fire and rescue, as well as crime and policing. To support this process, a grant uplift has been issued to North Yorkshire County Council, in respect of the North Yorkshire police, fire and crime panel.
Following this Government’s reforms, the North Yorkshire Fire and Rescue Service will also be subject to inspection, which is a key pillar of the reform agenda. I hope that gives the noble Baroness some comfort as to some of the work going forward. I am sure she will be looking forward to the outcome of the inspection.
I am confident that the changes to fire governance in North Yorkshire will take collaboration between North Yorkshire police and fire services further than has been the case to date. The police, fire and crime commissioner, Julia Mulligan, will further develop her plans, as we would expect, but I welcome the emphasis, in particular, on streamlining senior management posts, collaboration on back-office support services and sharing buildings between the two services.
They did not have the public-facing role that—
My Lords, the Minister has, unfortunately, said something quite outrageous. I chaired the Metropolitan Police Authority for four years, and the number of times we went into private session was extremely small. Most of those meetings were held in public with television cameras and most of the national press present. That was the balance.
The noble Lord is absolutely right; it was the case in London. Elsewhere it most certainly was not.
(6 years ago)
Lords ChamberMy Lords, can the Minister confirm reports that victims of modern slavery and women who have been trafficked who are EU citizens will be required to pay a fee to the Home Office before they are allowed to stay? Can she explain the reasons behind that, given how difficult it can be to enable victims of modern slavery to come forward to be rescued?
The noble Lord raises a very valid point about victims of modern slavery, who will be supported and helped when they come here no matter what country they are from. Depending on their situation, they will be helped either to move on within this country or to move back to the country of their origin.
(6 years ago)
Lords ChamberMy Lords, we are dealing with many difficult issues here. I thank the noble Baroness. We will, of course, have further discussions.
Amendment 1 would raise the threshold for commission of the offence from a single instance of the prohibited behaviour to a pattern of behaviour. Given the seriousness of this type of behaviour and the potential harm that can be caused, I cannot agree that the amendment is appropriate. I point out that there is no requirement for there to be a pattern of behaviour in the existing Section 12(1) offence. I therefore do not see a case for adopting a different approach for the new Section 12(1)(a) offence.
I also fear that the amendment would run into similar issues with definition and certainty to those which were raised in the House of Commons in relation to the three clicks element of Clause 3, and which ultimately led to the Government’s removing that provision. For example, how many instances constitute a pattern of behaviour and how far apart can they be?
The noble Baroness says it is difficult to define. Presumably, the court would then have to interpret it and would say that this is clearly a pattern which is designed to have this effect.
The court might also say that it is evidence, along with other types of evidence, which leads it to a certain conclusion. Just as the three clicks approach was seen as arbitrary in debate in the House of Commons, this is probably similar in the sense that downloading, together with other types of evidence, would lead a court to come to its conclusions, as it would here.
I want to talk about the concept of recklessness. It involves a person being aware of the risk that what they plan to say will have the effect of encouraging support but none the less going on to say it. In such circumstances, a reasonable person would not have gone on to make that statement.
On Amendment 2, the noble Baroness, Lady Jones, explained her concerns both at Second Reading and today that statements supporting an independent Kurdistan may fall foul of the new offence on the basis that it is a political objective held also by the proscribed group the PKK. I hope I can provide some assurance. On the noble Baroness’s example, I suggest that our hypothetical person could have a very high level of confidence that they would not fall foul of the Clause 1 offence. Support for an independent Kurdistan is a view held widely across a far broader range of people than just PKK members. To put it another way, while all members and supporters of the PKK are likely to support an independent Kurdistan, it is certainly not the case that all supporters of an independent Kurdistan are members or supporters of the PKK. It certainly could not be inferred from a statement in the terms described by the noble Baroness that the speaker supports the PKK or another such organisation; rather, they support an independent Kurdistan.
Noble Lords can take further assurance from the fact that in addition to not referencing any particular organisation, our hypothetical speaker has not said anything of the methods by which they would wish to see an independent Kurdistan brought about. Were they to suggest that this should be through means of terrorist violence, a reasonable person might anticipate that such a statement might influence the listener to support a terrorist organisation, such as the PKK, which supports the same political cause. Such a statement may well be reckless and may fall foul of the new Clause 1 offence. I hope we can agree that such a statement of support for terrorist violence would be unacceptable in any event. But in this example, there is no such suggestion of support for terrorist methods to achieve a legitimate political aim.
The same would apply to a statement in support of the withdrawal of Israeli troops from Palestine that does not voice support for violent methods or any proscribed terrorist organisation. There would be no basis on which a reasonable person might equate such a statement with support for Hamas or Hezbollah or anticipate that a listener would be influenced to support those organisations. As such, the statement would not meet the recklessness test and would not be caught by Clause 1. I make it clear that none of this analysis would be any different if “is supportive of” were replaced with “supports”.
Amendment 5, in the name of the noble Baroness, Lady Hamwee, would provide an exemption from the offence for those who make statements to the effect that a particular terrorist organisation should cease to be proscribed. We will have a wider debate on deproscription when we reach Amendment 59 in the name of the noble Lord, Lord Anderson. In that context, the noble Lord, Lord Carlile, is correct in saying that the Home Secretary regularly reviews proscribed organisations.
Perhaps I may make a few observations in the context of Amendment 5. I am happy to agree that those who make neutral statements along these lines should not be caught by the criminal law. However, I am clear that this will be the position under Clause 1 as currently drafted. The amendment, while well intended, is not needed to secure this result and would risk introducing unintended consequences. It has been a long-standing feature of the proscription system that individuals and organisations will question the proscription of certain organisations. It may be suggested, for example, that a group is not really terrorist in nature but is engaged in legitimate activism in the form of resistance or freedom fighting, or that its proscription inhibits a peace process or some other form of positive engagement and should therefore be lifted as a matter of discretion. The law already provides a clear route for people who hold such views to apply to the Home Secretary for the deproscription of any organisation. Three groups have been deproscribed following such applications.
The law also provides at Section 10 of the Terrorism Act 2000 clear and unambiguous immunity from prosecution under proscription offences for anything done in relation to such an application, including any statements made in support of the organisation.
(6 years, 1 month ago)
Lords ChamberMy Lords, I pay tribute to the work that the police do. Of course, the PCC decides how to allocate funding to the various types of policing mentioned by the noble Baroness. I also point out the initiative to reduce moped crime, which noble Lords were so concerned about. There has been a 32.6% fall in that type of crime. That is not to undermine exactly what noble Lords are saying, which is that certain types of crime are increasing, but the police are working to reduce crime in local areas in the way that it presents itself.
My Lords, the noble Baroness has told us about a blizzard of initiatives—some worth £150,000, some worth £700,000 and so on—but that does not alter the fact that the totality of services, by which I mean the whole-system approach, which is surely what is needed here, has suffered. We have seen huge reductions in local government funding, in health funding and in policing. How on earth can the Government continue to blame local authorities, police and crime commissioners and everyone else for the fact that it is their policies that are creating this situation?
My Lords, I am not in any way seeking to blame local authorities or PCCs; rather I am saying that they have budgets and they can decide what their priorities are for their budget allocations. However, I will say that my right honourable friend the Home Secretary and the Policing Minister recognise the strain under which the police find themselves, particularly in the light of changing crime patterns and of course the terrorist attacks that this country saw last year.
(6 years, 1 month ago)
Lords ChamberI may have misheard the Minister and therefore misunderstood her argument, but she seemed to be saying at one point that my noble friend’s amendments were not necessary because this is already covered under the PACE regulations. Is that the reason for resisting it—it is not necessary because it goes no further—or is she suggesting that there are elements of it which do go further that the Government are resisting? If the latter is the case, perhaps she could indicate to us what has gone further that she does not like. If it is simply that it is not necessary, can she explain why the Government are resisting it?
I think I have already explained at length why it is not necessary. If Clause 12 were to be amended, a court would not be able to make an overseas production order in relation to confidential journalistic material unless the requirements set out there were satisfied.
So there is no objection to what my noble friend has tabled; the Minister is saying simply that it is not necessary?
(6 years, 1 month ago)
Lords ChamberI fully understand the sentiments expressed by both my noble friend and Members of the House on this issue in general. In terms of the chief constable, although I am not referring to this particular case, moving force does not of itself absolve someone from accountability for their actions. As I said, certainly the PCC who, is much more high-profile than local police authorities, can be held to account by his or her voters.
My Lords, I refer to my interests as listed in the register. When I was involved in appointing chief officers in the police service, we had the benefit of receiving advice from the Home Office senior appointments panel, which the noble Lord, Lord Paddick, referred to, which told us whether the shortlist was adequate and broad enough, and we also had the benefit of advice from Her Majesty’s Inspectorate of Constabulary. Legislation now precludes the Chief Inspector of Constabulary from providing advice to chief constables. Why is that?
My Lords, I do not know the answer to that question. I will have to take that back, if the noble Lord does not mind, and come up with a reply, because I am not quite sure of the history of this.
(6 years, 2 months ago)
Lords ChamberMy noble friend makes a very good point about the changing face of crime in the light of technology. Of course, we have the recent rise in knife crime. In terms of whether the police have the equipment they need, or whether we have enough boots on the ground to tackle crime, it is up to local police forces to decide the number of police they need in relation to the demands they face and the crime patterns in their area. For some police, gang violence is a particular problem; in other areas, it might be knife crime; and where I live in London, in Camden, moped crime is a particular problem. Resource need is something that needs to be locally determined.
The Minister has referred at least twice, or perhaps three times, to the incredible efforts of her colleague the Policing Minister in going round all 43 forces. Can she tell the House how many of the police and crime commissioners, whom he no doubt met on those visits, expressed support for the current level of policing resources that was available to them and what proportion of the population they represent? Further to the question that has just been asked about public order, given that the police were barely able to cope with the disorder that happened in 2011, what level of policing numbers are there now, even with this extra 5,000, compared to the numbers then, and would the police be able to cope with a similar incident in the future?
The noble Lord will probably know that I have not got an answer off the top of my head about what PCCs said to the Policing Minister about the financial settlement. In terms of whether the policing numbers that existed in 2011 would be able to cope with some of the demands now, it is not an entirely simple equation to say that numbers equal resilience to cope, though I am certainly not dismissing what the noble Lord says. All I can say is that, when the Policing Minister went round all the police forces, he did ask specifically about the numbers necessary to meet demand.
(6 years, 2 months ago)
Lords ChamberAs I just said to the noble Lord, we do not keep official records of the numbers, but the Office of the Children’s Commissioner will look at every case where such decisions are considered—the complex cases—so that those interests are weighed before any decisions are taken.
My Lords, can the Minister clarify that answer, because the noble Baroness, Lady Hamwee, asked whether records were kept of the considerations taken into account in reaching the decisions? Are they kept or not?
I apologise to the noble Baroness and the noble Lord for not being clear. Clearly, safeguarding records and records of decisions taken are kept. I was trying, in the first instance, to refer back to the question of the noble Lord, Lord Kennedy; I cannot tell the noble Baroness and the noble Lord how many of those decisions were made.
(6 years, 4 months ago)
Lords ChamberI can confirm, as my right honourable friend the Home Secretary confirmed this morning, that a number of international engagement opportunities are coming up. Let us not forget that we are at the beginning of an investigation, but of course there will be opportunities for international engagement as time goes forward. I fully expect that our international partners will stand with us this time, as they did last time.
We are all grateful to the Minister for the Statement even though there is only a limited amount that she can tell us. What arrangements have been put in place for the health and welfare of the first responders from the emergency services who will have attended the scene?
The noble Lord raises a very important point, because he will remember that, last time, they were clad from head to toe in special suits to stop contamination. Their welfare is of the utmost importance. They risk life and limb to attend these things, and I assure him that their health and welfare is of the utmost concern to us, and we have of course put measures in place to ensure their safety.
(6 years, 5 months ago)
Lords ChamberI thank the noble Lord for his Question—his first to me, I think. I thank him for the time he took to speak to me this morning and join him in paying tribute to all those who serve in our police services in some very difficult circumstances indeed. On his first point on the previous Prime Minister commissioning the review, officials have been looking at the legal and procedural framework of post-incident procedure in consultation with stakeholders, including the noble Lord. His second point was about armed police officers feeling like they are treated as suspects. As I am sure that he would agree, it is quite clear that the facts should be established and no predetermination made during the process. The police and the IOPC have agreed a protocol for post-incident procedures following a terrorist attack to improve clarity and address concerns about safety and fairness. On the noble Lord’s third point on timeliness from the point of view of the firearms officer, and that of the family of someone who might have been shot, he is absolutely right. There have been precious few convictions—in fact none—since 2004, but timeliness is improving.
My Lords, I refer to my interests to do with policing in the register. Can the Minister confirm that it is proving difficult to recruit up to the required level of firearms officers at present? Can she tell us the reason? Is it because there is now too small a pool of police officers to recruit from? Is it because police officers who accept this responsibility are not paid any extra? Is it because they are worried about the extremely long processes that might follow if they ever have to use their weapon? Which is it?
The noble Lord rightly raises a number of concerns. We know there have been challenges in recruiting additional firearms officers. To date, we have recruited 650 and hope to reach 1,000 by the end of this year. Developing a pipeline of skills is very important when we are looking to recruit. In doing so, we want firearms officers to feel that they can do their job with the safety of a legal framework around them.
(6 years, 6 months ago)
Lords ChamberThe report in question focuses on third country removal charter flights, but the noble Lord is nevertheless absolutely right that while people should be treated properly and humanely, with risk taken proportionately, we have to ensure immigration removal for those who should not be here.
The noble Baroness told us in answer to the question from the noble Baroness, Lady Hamwee, that there is an automatic reporting system when force is used. In the cases that have come to light from Her Majesty’s inspectorate, how many of those reports of force being used were received by the department and was the force considered proportionate by the department? What does the Home Office do when it receives these reports?
The noble Lord will know that the report was produced just today. On the proportionate use of force, I have recognised that use of de-escalation techniques will be reviewed. That will be undertaken by the Home Office and the new provider. I do not have the numbers before me but I can certainly ask and get them to the noble Lord.
(6 years, 6 months ago)
Lords ChamberMy Lords, I outlined to the noble Baroness earlier who might be in the cohort, and who might have to stop studying, but it is up to the First-tier Tribunal to impose the immigration bail conditions on an individual. It is certainly not mandatory to impose a condition against study.
Can the Minister tell us how many young people caught up in the backwash of the Windrush scandal have been denied student loans because of uncertainty about their residency position in this country?
I cannot give the noble Lord that information. As I have said to the House previously, the Home Office is proactively looking at anyone of the Windrush generation who might have been inadvertently caught up in the issue we have been talking about over the last few weeks. I am sure that those figures will ultimately come to light, but I do not have them here today.
(6 years, 7 months ago)
Lords ChamberMy Lords, the noble Baroness will recall that she told me on 19 December last year that the number of staff in Border Force had fallen over the last four years by 845. Last week, the Home Secretary said that there would be an extra 1,000 staff, but it subsequently transpired that some of those would be to replace staff who are currently leaving Border Force. Will there actually be any increase in the number of Border Force staff compared with 2012? What level does the noble Baroness think will be adequate to deal with the situation that will face us on the borders after EU exit?
My Lords, the noble Lord makes a correct point in the sense that we need sufficient border staff to police our border. However, 1,000 roles in total will be advertised across Border Force. We have almost finished recruiting the additional 300 front-line Border Force officers that we announced last year to prepare for Brexit. As I have said to the noble Lord on several occasions from the Dispatch Box, we need not just skilled personnel but technology, innovation and intelligence to provide us with the big picture at our border.
(6 years, 8 months ago)
Lords ChamberMy Lords, I am sure that we all want to pay tribute to the emergency service workers on the night—in particular those who carried on caring for victims even though they were being instructed to withdraw from the area because of the risk of supplementary explosions. The issue of communications and the failure on this occasion of Vodafone have been raised already. Will the noble Baroness tell us whether the failure in this instance has meant that the Government will think again about transferring all emergency services communication to the mobile phone network over the next few years?
The noble Lord is absolutely right to again bring up the issue of communication. Certainly moves are afoot to upgrade the mobile phone network but, of course, the police might use underground, which is another possibility. I will keep the House abreast of some of the updates in innovation that are taking place as they come forward.
(6 years, 8 months ago)
Lords ChamberI could not agree more with my noble friend that this is not just a governmental or societal issue. As legislators for this country, we have a strong leadership role to take, and it dismays me when I see certain quite extreme people invited into the Palace of Westminster to propagate their hate.
(6 years, 9 months ago)
Lords ChamberMy Lords, I beg leave to ask the Question standing in my name on the Order Paper and I refer to my interests in policing and security as set out in the register.
My Lords, schools and nurseries have a legal responsibility to ensure that staff and pupils are safe, including in the event of a terrorist attack. The Government provide a range of advice to help them fulfil their responsibilities. The National Counter Terrorism Security Office also provides specialist advice on staying safe in the event of an attack, including tailored advice for education establishments, which schools and nurseries are able to draw upon.
My Lords, not for the first time I think that the Minister has drawn the short straw on the Government Front Bench, in that this is really a Question on what the Department for Education is doing about this. Two years ago I made a recommendation that every school governing body should appoint one of their members to take a lead in overseeing work on security and protecting pupils in the event of some attack of this nature. The Department for Education’s response was to say, no, it would leave it to individual schools. That response was then criticised by the head teachers’ associations which said they would welcome such general guidance. Will the Minister talk to her colleagues in the Department for Education so that it actually provides some guidance and a framework for schools to protect children in the event of such an attack?
I am very aware of the noble Lord’s advice and recommendations on governing bodies and a single person on a governing body. Governing bodies have to make a judgment as a whole on the health, safety and protective measures that they need to put in their schools. As for guidance, clearly the last year has been unprecedented in terms of security generally and our schools are no less vulnerable. The DfE is currently reviewing its health, safety and school security advice, giving consideration to how guidance material can improve advice that is given to schools.
(6 years, 10 months ago)
Lords ChamberOne of the myths being put about was that police are not pursuing drivers of motorcycles who are not wearing helmets. In fact, that is not the case at all: there has been no ban on police pursuing people without helmets. It is an operational matter for the police what they prioritise at local level.
My Lords, in the light of that answer, perhaps the noble Baroness can explain why the young people concerned are taking off their helmets. More particularly, she talked about increased funding. Why is it, then, that the Home Office refuses to pay the full amount of compensation to the Metropolitan Police for its national and international functions, although it has agreed the sum of money which is due? Is that not reducing the Metropolitan Police’s ability to deal with crimes such as this?
My Lords, in answer to the question of why people are taking off their helmets, I assume that it is in order not to be pursued. That is why I made the point that police are absolutely at liberty, in pursuit of fighting crime, to chase people who are not wearing a helmet. On full compensation, if the noble Lord is amenable, I shall write to him on that point.
(6 years, 11 months ago)
Lords ChamberI wish I had listened in more depth to the statutory instrument that the noble Lord discussed the other day instead of looking at the notes for my own statutory instrument. I understand that transport is devolved and therefore that this would be a matter for the Scottish Government. However, I will look into that more closely for the noble Lord because it is not precisely my area.
My Lords, I refer to my interests in policing—in particular that I chair the independent reference group for the National Crime Agency. Can the noble Baroness explain to us why the National Crime Agency has been given these particular responsibilities and why the task has not been passed to the City of London Police, which has the lead responsibility for fraud matters? I do not suggest that the City of London Police should take on these additional responsibilities, but will the noble Baroness explain whether there is any incoherence in government policy with regard to two different agencies, an authority and forces being given responsibilities in the fraud area. Will that not be rather confusing for people?
I hope that I can satisfy the noble Lord when I say that the National Economic Crime Centre will be hosted by the NCA but will be staffed by partners from across the law enforcement community: for example, the NCA, the FCA, HMRC and the City of London Police, as well as the Serious Fraud Office and the private sector. So a multifaceted approach will be taken to this, rather than the fragmented one that he suggests.
I take the noble Lord’s point. I never realised that this Question would go down the transport line—otherwise, as I say, I would have listened more carefully to the noble Lord’s points in debate.
In the light of this line of questioning, which is separate from the one I developed earlier, can the noble Baroness tell us what has happened to the Government’s national infrastructure policing review, which of course could have an impact on transport? Alternatively, you could argue that infrastructure is part of the economic system and therefore may be impacted on by the move. Where is that review?
I will have to write to the noble Lord on that point, because we have now gone down another avenue that is not about fraud.
(7 years ago)
Lords ChamberThe right reverend Prelate is correct that while it is complex, it is incredibly simple. We have dealt with this sort of multiagency approach in other public service areas in the past. He is also right to talk about the approach to drugs and alcohol and the possibility that misuse can lead to death in custody. Of course, a range of various treatments is already available in prisons, but the Government will certainly consider this in due course.
My Lords, as a former chair of the Independent Advisory Panel on Deaths in Custody, and as someone who gave evidence to Dame Elish, I very much welcome her report. However, I am somewhat disappointed that after 11 months of consideration, the Government’s response—although quite voluminous—is quite so thin. Two of its proposals are to set up another two working groups. What is the point of setting up an independent review, considering that for 11 months without saying a word, and then setting up two further working parties to look at several aspects? The real issue is that many of these lessons have been spelled out time and time again in the inquests that have taken place into people who have unfortunately died in police custody. What is the process the Government see going forward to ensure that lessons that arise from an individual death are taken on board, not just in the police force area where the death occurs but more generally?
Secondly, on the question of the inquests, I remember vividly talking to the families of those whose loved ones died in the custody of the state. They described how every single person who was in any way engaged in that death—every police officer, the police force concerned, any health workers, and so on—would all be independently represented at the cost of the state. However, the individuals concerned—the families, who might have to agree among themselves as to which members would be there because of shortage of funds—were not automatically represented. Is it not time that the Government, rather than talking about legal aid, which will presumably diminish the pot for everyone else, are quite clear that these individuals and families should be represented at public expense?
The Government’s response is very much empathetic to the fact that the families of people who died in custody generally feel that they have come off worse through the inquest and representation processes and the financial ability to pay. At the moment, 50% of people are entitled to legal aid, while the other 50% might feel that they are short-changed when it comes to this sort of process. More than that, however, they are also bereaved and probably in an environment that they have never been in before. The Government are alive to that, which is why they commissioned this report back in 2015. The working groups will see that the work goes forward, and it is right to do that. On the wider learning, Bishop James’s report will come out on Wednesday, which I am sure will give insight not only into Hillsborough but into the wider lessons to be learned. Every time we carry out these reviews we attempt to learn the lessons of the past and we hope that they do not happen again.
(7 years ago)
Lords ChamberTo ask Her Majesty’s Government what assessment they have made of the sustainability of the current level of funding available for police forces in England and Wales.
My Lords, the Government have protected police spending since 2015. We know that crime is changing, and Ministers are sensitive to current pressures on policing. The Policing Minister is therefore undertaking a programme of engagement with the police to understand the impact of changing demands.
That is a very complacent response. Does the noble Baroness understand the concerns expressed by Chief Superintendent Gavin Thomas, president of the Police Superintendents’ Association, when he says that a “perfect storm” is developing in policing, with staff cuts, new threats and a rise in crime, and with half of senior officers showing signs of mental ill-health as a result? Does she recognise the concerns expressed by her Conservative colleagues who are police and crime commissioners? For example, the PCC in Avon and Somerset says that that force is pushed to its limits, and in Bedfordshire the position is considered to be unsustainable. When crime figures were falling, the Prime Minister’s view was that police numbers could fall too. Does the Minister now accept that the logic of that view is that, now that the latest figures show a 13% increase in crime, the Chancellor should make substantial resources available for policing in next month’s Budget?
My Lords, first, there has been an overall fall in total crime. PCC funding, which the noble Lord mentioned, is now over £11 billion—up £150 million from 2015-16. Total police funding, excluding counterterrorism funding, is up to £8.5 billion from £8.4 billion. Therefore, as I said in my first Answer, resourcing has remained flat. Of course, if the police maximise the precept, most police forces will have a slight increase in funding.
(7 years, 7 months ago)
Lords ChamberMy Lords, I do not agree with the point on the police misusing their time. On whether the Answer was misleading, the Question read:
“To ask Her Majesty’s Government whether they intend to refine the definition of domestic extremism”.
It is not our definition.
My Lords, I refer to my interests in the register. I appreciate that we are towards the end of this parliamentary Session so the opportunity to do something about what was in the last Queen’s speech is diminishing, but in the last Queen’s speech the Government promised a Bill to look at preventing extremism. I understand that that has been festering in the long grass ever since because of the difficulty in defining extremism. Will it carry on festering in the long grass or are the Government planning, if they manage to be re-elected, to bring forward proposals that will define extremism and that might then define whether the noble Baroness is an extremist? Quite a number of us might be deemed by other colleagues in your Lordships’ House to be extremists. How will the Government address that question, as they told us in the Queen’s speech they would?
My Lords, clearly events have overtaken us. Tomorrow we will prorogue and this will be in the hands of the next Government—it might be a Labour one—to decide whether to bring forward such legislation. Yes, at the time of the last Queen’s speech that was our intention.
(7 years, 8 months ago)
Lords ChamberUnfortunately, I do not agree with my noble friend. The approach that we have adopted in successive immigration Acts is to make it harder for illegal migrants to live and work in the UK and easier for us to remove them.
My Lords, I refer to my interests in the register. Given the decision that has been taken to leave the European Union, and the fact that a timetable is about to be established for that which sets an end date, can the noble Baroness tell us what assessment the Government are making of the need for better identity assurance—for example, for the citizens of Northern Ireland, those citizens who wish to use our health service, and, indeed, to tackle the employment issues that have just been raised by her noble friend? Those are urgent questions. What assessment are the Government making?
(7 years, 8 months ago)
Lords ChamberMy Lords, I draw attention to my interests as recorded in the register and beg leave to ask the Question standing in my name on the Order Paper.
My Lords, securing the UK is about active law enforcement, using and sharing intelligence to ensure that resources are effectively utilised in line with threats and pressures. Law enforcement partners work to prevent dangerous items ever reaching our shores, and at the border a combination of law enforcement officers and officials, targeting and technology is used to make our already secure borders even stronger.
My Lords, I am grateful to the Minister for that Answer, which I interpret as meaning that there is no plan to increase the resources available to protect our borders. In September last year, the outgoing Commissioner of the Metropolitan Police said that the rapid increase in gun crime was a result of more illegal arms coming into the country. Last month, dog walkers on the Suffolk and Norfolk coasts stumbled across packages containing cocaine with a street value of more than £50 million. I am told that the weight of this was 360 kilograms. To put that in context, it is about three times my body weight, so we are not talking about a small amount here. Can the noble Baroness tell us whether the Government are being complacent about the arrival of drugs and guns in this country or whether they will increase the resources to patrol our borders and make them effective?
My Lords, the Government take the issue of guns and drugs arriving in this country very seriously. The noble Lord and the House will have heard me talking previously about Operation Dragon Root last October, in which 800 potentially lethal weapons were seized and 282 suspects were arrested. In addition, 80 kilograms of illegal drugs were seized. I do not know how that compares with the noble Lord’s weight, but that is a lot of drugs.
(7 years, 9 months ago)
Lords ChamberMy Lords, I draw attention to my policing interests and beg leave to ask the Question standing in my name on the Order paper.
My Lords, offences involving firearms, excluding air weapons, have fallen by 31% since July 2010. The National Ballistics Intelligence Service regularly assesses the volume of illegal firearms in the UK, but this information is operationally sensitive and is not suitable for release. The National Crime Agency and the police continue to conduct specific operations to disrupt the threats posed by illegal firearms.
My Lords, I am grateful for the Answer given by the Minister and intrigued by the fact that on 21 November, in response to another Question on this point asked by my noble friend Lord Rosser, she said:
“Without doing the maths, I cannot give the noble Lord the figures off the top of my head. However, I will certainly write to him with accurate figures”.—[Official Report, 21/11/16; col. 1724.]
I assume from the Answer she has just given that she cannot share the figures that she wrote to my noble friend. Can I put it to her that, if there were 126 illegal arms seized in 2014-15—these are the figures she gave on 21 November—445 seized in 2015-16 and 800 in just four weeks as a result of this joint exercise by the counterterrorism police and the National Crime Agency, this is a situation in which there is an explosion of the problem of illegal firearms and that the Government should do a great deal more?
What the noble Lord points out is not an explosion in the problem but a revelation in the solution, because that four-week operation showed us that a new approach to intelligence collection and sharing is the way forward. The operation that I think he is referring to—Operation Dragon Root—yielded excellent results.
(7 years, 10 months ago)
Lords ChamberTo ask Her Majesty’s Government what representations they have received from the Photo Marketing Association and the Imaging Alliance about their proposals to digitise the passport application process, and what consideration they have given to enhancing and protecting passport security as part of the digitisation process.
My Lords, Her Majesty’s Passport Office has been working closely with the Imaging Alliance and previously with the Photo Marketing Association to consider their proposals to further enhance HM Passport Office’s digital passport application process. HM Passport Office works alongside the International Organization for Standardisation to ensure that the UK passport remains a highly secure and trusted document. System developments will enhance security and keep ahead of any evolving threats of fraud.
My Lords, I am grateful to the Minister for that Answer, but when I met the Imaging Alliance four weeks ago it did not feel that it was being as fully consulted as she suggests. As I understand it, the Government are seeking to arrange that any of us can send what is essentially a selfie to the Passport Office to form our passport. The passport is the gold standard as far as identity assurance in this country is concerned. Why is the opportunity not being taken to prevent a situation in which people can Photoshop images and to make sure that there is proper certification about when an image has been taken, that it was taken in a proper way and that it is a secure and viable basis on which we can prove our identity?
The noble Lord is absolutely right that security standards are paramount, whether under the old system, as we can call it, or under the new digital system. I reassure the noble Lord that security standards are exactly the same under both systems. The USA and New Zealand allow people to take their own photograph. A photograph identified as a selfie that does not meet those security standards and requirements is rejected in the examination process. As the noble Lord is right to point out, that gold standard is paramount for the robustness of and the confidence in this very important document.
(7 years, 10 months ago)
Lords ChamberMy Lords, I have not told the police. Obviously, I will not ask from the Dispatch Box whether the noble Baroness has asked the police but perhaps we could have a conversation about it afterwards.
My Lords, can the Minister tell us what she regards as appropriate oversight by police and crime commissioners of the undercover policing carried out by the police forces for which they are responsible?
My Lords, with regard to professional practice, the College of Policing published the Undercover Policing Authorised Professional Practice for consultation, and the guidance sets out the roles and responsibilities of police officers. Obviously, the PCC has oversight of the work of both chief constables and police officers.
(7 years, 11 months ago)
Lords ChamberMy Lords, the government amendments in this group respond to some very well-made points in Committee about the provisions in the Bill establishing the office of the London fire commissioner.
Amendments 37, 156, 195 and 205 will ensure that no locally elected councillor will have to resign their council position if they are appointed as deputy mayor for fire or deputy mayor for policing and crime in London. In Committee the noble Lord, Lord Harris, made a compelling case for this change with reference to two London borough councillors who had had to resign their council positions when appointed to the position of deputy mayor for police and crime because, when appointed, they were treated as an employee of the Greater London Authority and therefore became politically restricted. I have listened to the case made by the noble Lord and agree that no locally elected councillor should be placed in a situation where they would have to give up their seat to become the deputy mayor for fire or the deputy mayor for policing and crime.
Amendments 38 to 40 are drafting amendments which correct erroneous references to the assembly’s fire and emergency “panel” rather than “committee”. I am again grateful to the noble Lord, Lord Harris, for spotting them. Finally, Amendments 41 and 42 respond to one tabled in Committee by the noble Baroness, Lady Hamwee, relating to the functions of the fire and emergency committee. These amendments will ensure that there is appropriate scrutiny of the actions and decisions of the deputy mayor for fire, and allow the committee to investigate and prepare reports about any other matters the assembly considers to be of importance to fire and rescue services in London. I beg to move.
My Lords, I thank the Minister for responding to the points I made in Committee and introducing these amendments. I suspect that this is a refinement and clarification of the law which is of interest to a tiny handful of citizens of the United Kingdom. None the less, the anomaly created was slightly strange.
However, at the risk of prolonging this only a moment, I seek a little clarification. The amendments, as I understand them, would enable a deputy mayor in these circumstances to be an elected councillor. Does that also remove the restriction on those individuals placed by the Local Government Officers (Political Restrictions) Regulations 1990, which among other things do not allow such a person to hold office in a political party or to canvass for one? It might be a boon to anyone in this position if they were allowed to be elected and stand for election but not to canvass on their own behalf.
It is difficult to disentangle what are three interlocking Acts of Parliament, not all of which seem in the public references to have been updated by subsequent legislation. It seems to me that the Local Government Officers (Political Restrictions) Regulations 1990 might still apply to these individuals, even though the specific issue of election to a local authority has been removed. Having said that, I am sure that the Minister will be able to clarify it entirely to my satisfaction and I am very grateful to her and her officials for responding to this allegedly minor issue.
I hope it is not going to be another letter because, from my dim and distant memory of local government officers’ political restrictions, I recall that up to a certain level of officer, you are free to canvass and engage in political activity. You are also free to stand for elected office in an authority other than your own. I think I may have to write, now that the noble Lord is heading for the door, on the matter of elected office for local authority officials because that will be looked at in the regulations.
Perhaps I worded it clumsily, but what I was trying to say is that it would be a sunset provision and reviewed after two years.
Before the Minister sits down, will she address the question of whether or not, as part of their response to this, the Government will take some action to support the improvement of forensic services and the speed at which forensic cases are dealt with? What steps are the Government going to take to improve the resources available to the CPS so that it might deal with cases more quickly? That is a major reason why the 28-day period would be under pressure.
The noble Lord makes a very good point, and there are in fact other reasons outside the police’s control why 28 days might prove difficult. It is for that reason that we will not only keep it under review but look at any blockages to the 28 days being fulfilled that are outside the police’s control.
(8 years ago)
Lords ChamberThe noble Baroness is right—restraint is the last possible option. It is certainly not for ambulance staff to deal with someone who is extremely violent and a danger to both themselves and others. So, yes, in rare circumstances the use of Taser will be necessary.
My Lords, I refer to my interests in the register. Is not one of the fundamental problems that there is a lack of appropriate levels of staffing in many mental health units and a lack of appropriate levels of community mental health services on whom the police can call under such circumstances? What representations has the Home Office made to its colleagues in the Department of Health to ensure that those gaps in service provision are being addressed?
The noble Lord is right to raise this issue. The Government recognise the need to invest in places of safety and £15 million has been allocated to 88 projects in England to improve provision for those in mental health crises, including increasing places of safety.
(8 years ago)
Lords ChamberMy Lords, I draw attention to my interests in the register and beg leave to ask the Question standing in my name on the Order Paper.
My Lords, between April 2015 and March 2016, Border Force seized 445 real firearms, 321 imitation firearms and 1,533 other items captured by firearms law. This is an increase on real firearm seizures from 2014-15, when 126 real firearms, 419 imitation firearms and 2,301 other items were seized. Border Force works closely with other law enforcement agencies to combat smuggling of firearms.
My Lords, that improvement is welcome but in July and August of this year, the Metropolitan Police recorded 202 firearms discharges in the London area compared with 87 in the same period in the previous year. A record number of firearms have been seized within the United Kingdom, so there is clearly a leakage of illegal firearms into the country. The resources of the UK Border Force are woefully spread too thinly to deal with the task. Its budget has been cut by £50 million in the past four years and there are 100 fewer staff. Why do we still consider it adequate to have three vessels patrolling 7,723 miles of coastline while 16 patrol the Netherlands coastline of 280 miles?
My Lords, we have increased our maritime capability and Border Force is an active member of the joint Maritime Operations Centre, where it works closely with partner agencies. Border Force is working to enhance its capability by training more firearms dogs and improving detection technologies. The technologies have formed a critical part of the improvement in performance in this area.
I think that 40 admirals would come in very handy.
My Lords, the noble Baroness has talked about the Border Force collaborating with other forces. At most Question Times we hear from my noble friend Lord West about the problems with the Royal Navy. Are there really enough ships, vessels and aircraft patrolling our borders?
My Lords, I think I made it clear in my follow-up response to the noble Lord that Border Force has invested in its maritime capability, having purchased a number of new coastal patrol vessels, four of which will be in service by April of next year. We have also invested in new technology which has hugely helped in detection.
(8 years ago)
Lords ChamberMy Lords, the Government agree that fees for firearms licences should be set on a cost-recovery basis. We have already increased the fees for civilian firearms and shotgun certificates issued by the police in line with this objective. Clause 115 addresses firearms licences issued by the Home Office and the Scottish Government. They therefore concern fees for licences to possess non-civilian prohibited weapons, and for shooting clubs and museums. Currently, most of these types of licence do not attract a fee. Where a fee is charged, it is set at a level well below the cost of administering an application.
Amendments 204 to 206 would require the Government to set all fees at a level that would achieve full cost recovery. The administration of these licences, including assistance from the police, costs the taxpayer an estimated £700,000 a year. The Government agree that licence holders, not the taxpayer, should pay for this service. Clause 115 therefore provides a power for the Home Secretary to set fees for these licences. As the then policing Minister, Mike Penning, explained when similar amendments were debated in the House of Commons, we intend that the fees should be set at a level that will achieve full cost recovery. We will then set out the proposed fees in a public consultation, which we intend to publish shortly.
The consultation will invite views on the implementation of these measures and we welcome responses. The noble Lord, Lord Rosser, asked when the Section 5 fees are planned to be introduced. It will be in April 2017, subject to the planned consultation. I do not want to pre-empt the outcome of the consultation. However, there might be good reasons not to set fees at full cost recovery levels, either for a transitional period or for certain categories of licence holder. We will consider the responses to the consultation on these matters before deciding on the level that should be set. In doing so, we will be guided by the principle to which I referred above: that the costs of licensing should fall to the licence holder rather than to the taxpayer.
Amendment 207 relates to the fees charged by the police for shotgun and civilian firearms certificates and for registered firearms dealer licences. In 2015, we increased fees for those certificates substantially. This was the first increase in the licence fee since 2001. The increase reflected the fact that the cost of the licences had fallen far below the cost to the police of their administration. Fees increased between 23% and 76%, depending on the type of certificate.
When we consulted on the fee levels for certificates issued by the police, we were clear that the cost of licences should reflect the full cost of licensing once a new online licensing system was in place. Work is under way to secure that system. In the meantime we are committed to undertaking an annual review of the fees. There will be a comprehensive review of police licensing fees in five years’ time. I hope that the noble Lord will be reassured that it is indeed this Government’s intention that firearms fees should reflect the full cost of licensing and that on this basis he will be content to withdraw his amendment.
My Lords, part of the process of enacting this would be to make quite clear what qualifies as negligence. In my view, this should not apply if the gun owner has followed all the prescribed procedures, which should be quite onerous. In my understanding, gun owners are extremely careful, particularly about the storage of their weapons. I am concerned about guns that are left in the boot of a car, not necessarily in very adequate containers, or even on the back seat of a car or in circumstances where the gun owner has not locked them away in the approved fashion. Those are certainly cases where this should apply, and I hope that the threat of this action being taken would mean that all gun owners became much more responsible and acted in the way the noble Earl has suggested.
My Lords, as the noble Lord, Lord Harris, has explained, Amendment 208 would provide that:
“Any person who has through negligence lost a firearm or through negligence enabled a firearm to be stolen shall have all firearms certificates in their name revoked and shall be banned from holding a firearms certificate for the rest of their life”.
As the noble Lord indicated, this was one of the recommendations in his report for the Mayor of London on London’s preparedness to respond to a major terrorist incident, which was published last week.
It is clear that the loss or theft of firearms presents a potential risk to public safety. However, the number of firearms and shotguns that are lost remains extremely small. Any loss or theft is, of course, a cause for concern and it is right that we must take appropriate action in the case of owners who lose or enable the theft of a firearm or shotgun through negligence. I therefore considered carefully the noble Lord’s proposed amendment to the Firearms Act 1968.
When a firearm or shotgun certificate is issued, conditions are automatically included requiring the certificate holder to store their firearms securely to prevent, so far as reasonably practicable, access to the firearms by an unauthorised person. The condition also applies in circumstances where the firearm or shotgun has been removed from secure storage for cleaning, repair or testing or during transit. In these circumstances, all reasonable precautions must be taken to ensure the safe custody of the firearm. A condition is also placed on the certificate requiring the holder to notify the police within seven days of the theft, loss or destruction of a firearm or shotgun. It is an offence not to comply with these conditions, and the maximum penalty for that offence can be up to six months in prison, a fine or both.
Section 38 of the 1968 Act provides for a firearm certificate to be revoked if the chief officer of police is satisfied that the holder is,
“otherwise unfitted to be entrusted with a firearm”,
or can no longer be permitted to have a firearm in their possession without danger to the public’s safety or to the peace. Section 30C makes similar provision for the revocation of shotgun certificates. In the year ending March 2016, the police revoked just under 400 firearms certificates and almost 1,350 shotgun certificates. I assure the noble Lord that when the loss or theft of a firearm or shotgun is reported to the police, the matter is taken very seriously. In such cases the chief officer should consider whether to prosecute the certificate holder for breach of a condition on their certificate, and whether the certificate should be revoked under Sections 30A or 30C of the 1968 Act.
Noble Lords may also be reassured to know that the police intend to set minimum standards in respect of the investigation of lost or stolen firearms. This will provide a consistent national approach to the call-taking, initial response, investigation, assessment of risk and consideration of firearms licensing issues such as revocation. If a person whose certificate has been revoked applies for a new certificate at a later date, the chief officer will consider all the circumstances of the application and, if the reasons for the previous revocation can be determined, in some circumstances a user certificate might be granted. In cases where a firearms offence has been committed, the courts will consider the sentencing options available under the 1968 Act. Depending on the sentence handed down by a court, a lifetime ban may automatically be imposed on a certificate holder. Generally, persons who are sentenced to three years or more are never allowed to possess a firearm again.
The 1968 Act provides for a five-year ban where someone has been sentenced to a period of imprisonment of three months or more but less than three years. Persons who are subject to a suspended sentence of three months or more are also not allowed to possess firearms, including antique firearms, for five years. The amendment could therefore lead to a situation whereby an individual who has been imprisoned for less than three years does not receive a lifetime ban while an individual whose firearm has been lost or stolen receives a ban for life. While I fully agree that we must have robust firearms laws to preserve and maintain public safety, including safeguards to help to prevent their misuse, I am sure noble Lords will agree that our laws must be proportionate.
The inclusion on certificates of conditions governing safe storage means that firearms and shotgun certificate holders understand their responsibilities in respect of keeping their weapons secure. I am also satisfied that police forces already have the powers they need to revoke firearms or shotgun certificates in cases where the owner has lost or enabled the theft of a weapon through negligence. I hope that, having aired this important issue, the noble Lord will feel that he can withdraw his amendment.
(8 years ago)
Lords ChamberI do not intend to hold things up, nor am I necessarily expecting that the Minister will be able to respond—I had not given notice of this—but I hope that she might be able to respond well in advance of Report.
Clause 109 relates to the eligibility of deputy police and crime commissioners for election. Noble Lords may recall that on day 1 in Committee I raised the complexities of the position of the proposed deputy mayor for fire, but I then referred to the complexity of the position of the deputy mayor for policing and crime, it being a politically restricted post. As I understand it, deputy police and crime commissioners are politically restricted posts, yet here we have a very sensible clause which I believe creates an arrangement whereby deputy police and crime commissioners can stand for election. If deputy police and crime commissioners are politically restricted, we are now creating a situation that goes against that provision by saying that they can stand for election.
Between now and Report—perhaps in good time before Report—can the Minister tell us, first, what the rationale is for deputy police and crime commissioners, let alone deputy mayors for policing and crime, to be politically restricted under certain circumstances; and, secondly, whether this restriction is still necessary and, given that this clause assumes that it is possible for deputy police and crime commissioners to stand for election, whether the original idea that deputy police and crime commissioners should not be politically restricted can be adjusted? I think that this issue needs to be tidied up. It is certainly a matter that I intend to return to on Report unless we succeed in clarifying it before then.
My Lords, it seems like ages ago but I remember the debate and I remember what I thought at the time, although I cannot for the life of me think of an answer for the noble Lord at such a late hour. However, I said that we would reflect on the points that he raised because at the time—on day 1 of Committee, as the noble Lord said—they seemed very pertinent, and we will respond ahead of Report. I hope that he is happy with that.
My Lords, I believe that we all sympathise with the intention of the amendment. These new clauses draw on the experience of the Hillsborough families, and their fight for justice has been a long time coming. As noble Lords will be aware, the Hillsborough families received public funding for their legal costs at the fresh inquest. That was a bespoke scheme. We need to ensure that any similar action we take in the future is appropriate and proportionate. It is for these reasons that the former Home Secretary commissioned Bishop James Jones to compile a report on the experiences of the Hillsborough families, and the Government believe that it is appropriate that we should wait for his report before considering these issues further.
In relation to the funding of former police officers, this was a decision taken by the police and crime commissioner taking into account relevant case law and guidance on this subject. Separately, the former Home Secretary took a decision to provide a special grant to the South Yorkshire PCC in order to assist with the legal costs incurred as a result of the former officers’ legal fees. In arriving at this decision, the former Home Secretary put the concerns and interests of the families at the forefront of her thinking, together with the principle of justice and the continuation of the inquests.
Additionally, in taking her decision on providing a special grant, the former Home Secretary was clear that it was important that justice should not only be done, but be seen to be done. It would have been wrong to leave police and other witnesses vulnerable to claims that justice had not been done because they lacked proper legal representation. The decision was taken specifically in the context of the Hillsborough inquests and should not be seen as setting a wider precedent.
In the light of these issues, it would be premature at this stage to commit to any further legislation, should it be required, before we have received Bishop Jones’s report and seen its recommendations. Without prejudice to our consideration of Bishop Jones’s conclusions and recommendations, it is important that I put on record that these amendments would place a significant financial burden on the Secretary of State or, in the case of Amendment 203, on PCCs. The cost of the legal representation for the 103 families at the fresh inquest into Hillsborough amounted to £63.6 million. Clearly, the Hillsborough inquests were an exceptional case, but it does at least provide an indication of the level of financial commitment these amendments imply. It is right that your Lordships’ House takes this into consideration fully. On Amendment 202, it is also unclear to me why a PCC has a role in making a recommendation to the Secretary of State when the financial implications of that decision fall solely on the Secretary of State.
There are other technical issues with these amendments. For example, how would a PCC be in a position to know the funding available to other interested persons, which can include other public bodies? A PCC has no powers to inquire into the legal costs of the ambulance service or a health trust, for example.
The reference in the amendments to “parity of funding” also requires careful consideration. There will be significant differences between the legal advice required by a police officer or former police officer who could potentially face criminal charges and the family of a victim who are seeking justice. Does parity mean the cost, or the number of solicitors and counsel, or the level of their qualifications, with, for example, both legal teams headed up by a QC?
On Amendment 203, it is not clear to me whether a PCC has discretion to consider the merits of the representations he or she receives, or whether the PCC is bound to provide funding by virtue of the fact that representations have been received.
I accept that these are all detail points, which, while they will need to be addressed, are secondary. As I have said, the Government are firmly of the view that we should wait for Bishop Jones’s report and then determine, in the light of it, the most appropriate way forward. On the understanding that this issue is firmly on the Government’s agenda, I invite the noble Lord to withdraw his amendment.
My Lords, before my noble friend responds, could we first have clarity as to the scope and terms of reference of Bishop Jones’s inquiry and whether it will look not at circumstances where large numbers of families are potentially involved, but at situations where there is one bereft family who are perhaps traumatised by what has happened and then face the full panoply of all this legal representation?
I note that the noble Baroness said very carefully that the former Home Secretary, in agreeing the funding in respect of the Hillsborough inquests, said that she was not setting a precedent. I appreciate that that is what one would do under such circumstances, but Hillsborough was a unique tragedy. I am not trying to gauge the size of tragedies and their impact, but the fact that for every person who died in Hillsborough their families were bereaved, shocked, appalled and in a terrible state does not alter the fact that individual families, perhaps whose 16 year-old son has died in a police cell or whatever else it might be, are suffering just as much as any of the Hillsborough families. Whether parity is the right word, as raised by the Minister, is a genuine question. It is quite complicated. However, what is important is the principle that it should be possible for families to seek representation of their choice and for it to be funded. I appreciate that they would be seeking to get to the bottom of what had happened, whereas police officers, who might be subject to criminal charges, would have a different set of objectives, but I hope that the Government, when they have fully considered this, will take on board the principle that those families should have the right to representation.
My Lords, the Government will see and respond to Bishop Jones’s review in due course. He is considering the terms of reference for his review with the families and intends to publish them shortly.
The noble Lord spoke of the suffering. He is absolutely right: it is not just the suffering of one person but the suffering of everybody associated with them, so I do not undermine the noble Lord’s point at all; in fact, I share his view. Let us see what Bishop Jones says and the Government will respond in due course.
(8 years ago)
Lords ChamberIt is pretty much on the tip of my tongue to say that, but I think that noble Lords know exactly what the Government’s intentions are.
I think the Minister has unfortunately raised a large red herring, which will certainly prove to be one if she gets the clarification that she wants on it. However, although the intent may not be to allow this, the current wording suggests that it might be used in that way. The specific issue is that a very clear line is being crossed by saying that volunteers can be authorised to use sprays—pepper sprays or whatever else—and that is the distinction. Although the clause may or may not give the Secretary of State powers to increase the list—the Minister way be about to get the answer—or even to specify particular pepper sprays, the concern is about the use of the spray in the first place and whether it is right that a volunteer, despite not having gone through all the other training which is necessary, is able to do that.
Yes, I totally take the noble Lord’s point, and I am hoping the clarification will arrive from my left in the next five minutes.
As we have made clear in our delegated powers memorandum, this is intended as a future-proofing provision to cover any self-defence equipment not yet invented—and I am not talking about guns. We are also taking the opportunity to make it explicit in the 1968 Act that special constables are members of a police force for the purposes of that Act, and therefore similarly do not require a certificate or authorisation under the 1968 Act when equipped with a defensive spray. This will avoid any doubt being created by the insertion of a specific reference to policing support and community support volunteers within the meaning of “Crown servant” in the Firearms Act.
I turn next to the various points that have been raised in relation to equipping staff.
My Lords, may I perhaps make a bit of progress on what I was already outlining? Much of what I am going to say answers the questions that noble Lords are asking.
The argument has been put forward that issuing PCSOs with defensive equipment is somehow incompatible with those officers’ primary role, which is to engage with members of the public in their communities. If we examine the way in which different forces equip their PCSOs, we can see that there are different approaches. Some forces equip their PCSOs with body armour and some do not, and the same is true of handcuffs, yet all forces use their PCSOs as the key point of engagement with their local communities. I was one of the people who was very sceptical about PCSOs, but they now have a lot of respect in communities across the country. If the prevailing security situation were such that a particular chief officer considered it necessary to issue their PCSOs with defensive sprays—I emphasise to noble Lords that none has to date—the Government consider that they should be able to, subject of course to the test of suitability, capability and training already set out in the Police Reform Act 2002.
It has also been argued that it is impractical to train volunteers in the use of defensive sprays, to which our response has two limbs. First, if an officer or volunteer has not been properly trained in the use of any power, the law simply does not allow a chief officer to designate that officer or volunteer with the power in question. Section 38(4) of the Police Reform Act 2002, as amended by Clause 37 of the Bill, already states that a chief officer cannot designate the person with a power unless they are satisfied that they are both suitable and capable of exercising the power and that they have received adequate training in the exercise and performance of the powers and duties to be conferred.
However, we do not consider that it is impractical to train volunteers in the use of defensive sprays. On 31 March this year, there were over 16,000 special constables in the 43 police forces in England and Wales and the British Transport Police, all of whom have the full powers of a police officer, performed on a volunteer basis for at least 12 hours per month.
I was grateful to listen to the noble Lord, Lord Paddick, at Second Reading, on his strong support for members of the special constabulary, with whom he will definitely have worked during his career policing. As he said, special constables receive extensive training and have all the powers of a regular constable. Many of those specials patrol on a regular basis with their full-time colleagues and they carry identical equipment, including body armour, batons and defensive sprays—again, in exactly the way as their full-time colleagues. It is therefore patently not the case that it is impractical to train volunteers in the use of such equipment. Any volunteer who did not want to carry such a spray, could not undertake the training or was not suitable would not be designated by their chief to carry and use it, even if others in their force were so designated.
But we might drift off the point. Could the Minister clarify why, rather than encouraging more people to go through the special constable route where they take the affirmation about their role and everything else, the Government are suggesting instead that there be a volunteer category that would not be the same as special constables but would have exactly the same access to equipment?
It is simply to give chief officers the flexibility to use their workforce and their volunteer force to the best end in fighting crime and reassuring communities. The noble Lord, Lord Harris, asks why, for example, a volunteer cannot simply become a special constable. There are many reasons why you might want to be a volunteer rather than a special constable. We are focused today on the deployment of PAVA and CS spray, but actually a volunteer could be a police volunteer. They could be a retired accountant, for example, or a retired lawyer, and may want to bring their skills to the police but may not want to volunteer for any more than that, or indeed become a special constable.
My Lords, I am talking about the powers that volunteers may have in the round. There may be myriad different powers, not just the one that we are focusing on.
The noble Lord, Lord Kennedy, talked about policing on the cheap. I remember that when PCSOs were introduced, I said, “Oh, it’s only policing on the cheap”, but actually I have seen the really good benefit that they have brought. As my noble friend Lady Redfern says, they are not a replacement for the police force but a really valuable extra on the streets of Lincolnshire, providing crime fighting for the police.
On that very lengthy note, and thanking all noble Lords for their interventions, I wonder if the noble Lord, Lord Kennedy, would like to withdraw his amendment.
(8 years, 1 month ago)
Lords ChamberThe noble Lord is absolutely right. Perhaps I did the noble Lord, Lord Paddick, a disservice by slightly getting the wrong end of the stick as regards his question. Of course those inquiries must go on as the independent inquiry proceeds.
My Lords, the noble Baroness referred to the meeting on July—
(8 years, 2 months ago)
Lords ChamberMy Lords, I thank all noble Lords who have spoken so constructively to this group of amendments. I shall start with its government amendment, Amendment 4. Part 1 places a duty on the three emergency services to enter into collaboration agreements where it would be in the interests of efficiency or effectiveness to do so. In one place, the Bill inadvertently specifies a test of “efficiency and effectiveness”, and Amendment 4 rectifies that. The noble Lords, Lord Harris and Lord Rosser, rightly ask why the duty applies when the collaboration agreement would be in the interests of efficiency or effectiveness rather than both. Collaboration can lead to service improvements through either increased efficiency or increased effectiveness. Consequently, it should not be a precondition of a collaboration agreement that it should improve both. If an initiative would improve the quality of the service but not save any money, for example, we would still want the emergency services to give effect to that project. I hope noble Lords are satisfied with that explanation.
My Lords, is the noble Baroness leaving that point? It looks as though she is. I understand if she is saying that the collaboration must improve one of them and not have a negative effect on the other, but that is not what “effectiveness or efficiency” necessarily implies. If it means that it must be neutral about efficiency but improve effectiveness, say that. If it means that it must improve effectiveness but is neutral about efficiency, again, say it. By leaving the wording as “or”, the implication is that one might be detrimentally affected but that it would still be appropriate. So that we can understand what the Government are getting at, will she give us an example of a collaboration agreement that has improved one but not the other?
As I said, a collaboration agreement could vastly improve the quality of a service, which is a good thing, but it may not save any money. However, the improvement of the quality of that service may be deemed to be very effective in that collaboration agreement. It obviously ties to both: it could increase the efficiency or it could increase the effectiveness. The happy outcome is that it might improve both. I hope that that is a decent explanation.
I am sorry to do this to the noble Baroness, because she is trying to be helpful. However, her answer to my noble friend has actually made the situation worse. If she had said, “As long it does not hurt either efficiency or effectiveness but there is an improvement in one”, that would have been fine. But she is now saying that there can be an improvement in efficiency that makes effectiveness worse, or vice versa. The question then is: how much will that have to be balanced and how will that balancing effect be measured? Surely the argument must be that it does not make either efficiency or effectiveness worse and it improves at least one of them.
In that case, I will stick to the answer that I gave the noble Lord and perhaps disagree with the noble Lord, Lord Kennedy. We are so used to agreeing that that is almost my default position.
Perhaps we could move on to Amendments 1 and 2. I start by talking about some of the very good examples of emergency services collaboration that have gone on up and down the country. As noble Lords have said, there is clear evidence that emergency services can deliver real benefits for the public and help each service better meet the demands and challenges that they face. On Friday, I visited the emergency services collaboration in Greater Manchester. I was deeply impressed with the activity I saw, both in improving the service provided to the public—in all sorts of ways, as the noble Lord, Lord Bach, said in his speech—and in saving the taxpayer money.
On my visit to the Earlham tri-service station, I saw the benefits of collocation between the police, the fire and rescue service and the ambulance service in practice. Not only is this breaking down professional barriers but it is leading to far more innovative ways of delivering local services. If the noble Lord, Lord Bach, visits Earlham, he will see that the critical-risk intervention teams, which are led by the fire and rescue service in collaboration with Greater Manchester Police, respond to low-priority calls from the ambulance service regarding falls and mental health incidents. This innovative working is not only saving money, with an estimated £13 million in value being added across the region, but it is better protecting the public from harm.
There is a wide range of other examples from across the country of where emergency services collaboration is improving outcomes for local communities. For example, as the noble Lord, Lord Bach, said, in Leicestershire, the Braunstone Blues project has built on the success of a home fire-safety visit programme to involve all three emergency services in health, safety and well visits to local communities and schools. As he said, the programme is in its early stages, but I am sure it will be very successful.
I thank noble Lords who spoke so articulately to this group of amendments, particularly the noble Lord, Lord Bach, who is the only PCC in both Houses of Parliament. To hear his experience is incredibly helpful. My noble friend Lady Scott also articulated very well some of what I will say. I think we know how Leicestershire and Rutland will proceed in due course.
On what the noble Lord, Lord Harris, calls “timidity”, the Government came into office with a clear manifesto commitment to,
“enable fire and police services to work more closely together and develop the role of our elected and accountable Police and Crime Commissioners”.
If the Government had been dictatorial and autocratic in what they expected, I am sure there would be a lot more complaints in both Houses. The provisions in Part 1, including those in Clauses 6 and 8 and in Schedule 1, give legislative effect to that commitment. Noble Lords have a proper role to play in scrutinising the details of the Government’s proposals.
I hesitate to intervene so early in the Minister’s response, but she referred to the Conservative Party manifesto. I assume she quoted from it. The quote she gave was about improving collaboration, which is covered by Chapter 1 of the Bill. The second part was about strengthening the role of police and crime commissioners. I do not think it said strengthening the role of police and crime commissioners specifically in terms of the fire service.
My Lords, the quote,
“enable fire and police services to work more closely together”,
is captured—
If I could make some progress, I am sure the noble Lord will come back to me if he feels he needs to.
As the noble Lord said, the provisions in Part 1 give legislative effect to that commitment. Noble Lords will have ample opportunity to scrutinise the details of the Government’s proposals and to put forward amendments to them, but I am a bit disappointed that the noble Lord, Lord Rosser, now seeks to strike out the key provisions in their entirety.
There are clear benefits to fostering greater joint working between the blue-light services, from better managing the changing nature of demand for services to providing greater value for money for taxpayers’ money in the interests of local people. While there are many excellent examples of collaboration between the emergency services across the country, which I talked about earlier—I draw the Committee’s attention to the excellent overview of such collaboration published by the Emergency Services Collaboration Working Group—it is clear that there is still more that can be done to secure smarter working, as I said. Collaboration is still patchy. We would like to make a more consistent service across the country.
The noble Lords, Lord Harris and Lord Beecham, talked about pilot schemes and trials. As I said, there is already substantial evidence to show that collaboration can work. The measures are locally enabling to reflect the Government’s view that local areas are best placed to determine the type of collaboration, but the provisions will in effect, by their very nature, be piloted as some areas will go first. A number of PCCs, such as Essex PCC, have already actively worked with their local fire and rescue services to develop a local business case.
My Lords, I talked about the provisions in effect being piloted as some areas will go first. Not every area will move at the same pace, so clearly it will be a matter for local determination. Some PCCs might come forward with proposals in 2017 and others in 2018. The Bill will also be subject to post-legislative review in the normal way. Consulting on the proposals is—
On the question of pilots, the Home Office has no doubt given careful consideration to what has been in essence a 16-year pilot, in that since the office of the Mayor of London was created in 2000, the mayor has had responsibility for both police and fire. Although the mayoralty of London has been an enormous success, as everybody around the world acknowledges, can the Minister tell us what administrative or back-office savings have been delivered as a result of a single elected person having responsibility for both services in that intervening period? Having some degree of knowledge about that, I am not sure that there have been an awful lot.
Being of Haringey, the noble Lord probably has a far better idea of what efficiency savings have been achieved over those years. It is funny that he said that the mayoralty of London has been such a great success. It has been, but there was huge scepticism about it among many people and across parties when it began. I made the point about the noble Lord, Lord Bach, because, as time goes on, people are seeing the merit of having very accountable leadership at the top of organisations.
I return to the point on consultation. The Government have already consulted on their proposals for emergency service collaboration and that consultation informed the development of the clauses in the Bill. PCCs will undertake further local consultation on their business case, which brings me back to the question asked by the noble Lord, Lord Rosser, about the alternatives. Clearly, things evolve locally and change over time, but I do not think that they will be consulting on alternative proposals.
(8 years, 2 months ago)
Lords ChamberMy Lords, no doubt there was extensive consultation about the name that the new commissioners should have. No doubt, in typical fashion, that was conducted over the summer months when there was perhaps not a huge response. It more or less must have been then because this amendment was brought in at a late stage, at the tail end of the Commons consideration. I would be interested to know exactly how many responses there were and the substance of those responses.
Lumbering the commissioners, who I suppose we will have to get used to calling PFAC commissioners, is not necessarily the most helpful of things. My noble friend Lord Rosser has pointed out the omission of “rescue”.
Look at the order of the words: police, fire and crime. One might have thought that crime sat more comfortably near police than with fire, and while the Government are about it, they are compounding the problem that the original Act created of having somebody whose responsibility is to commission crime. They are making it worse because now this person commissions fire. If they said that this person was the police and rescue commissioner, it would make sense. It would be their job to commission people to do policing and rescue, but at the moment there is this strange amalgam which loses half the role of fire and rescue and at the same time manages to imply that the commissioner is responsible for all fires and crimes in their area. This is frankly not sensible. Rather than embark on another intensive consultation that perhaps nobody knows about, perhaps the Home Office might want to think again.
While it is thinking again, perhaps the Minister could give us a little more explanation about the proposals to have a police, fire and crime panel. Noble Lords will be pleased to know that I shall not rehearse the same set of arguments about why the various things should be bundled together and in what order the words should be, but my noble friend Lord Rosser raised an extremely important and pertinent point. Police and crime panels were bolted on to the legislation that created police and crime commissioners, I think probably because of some rumblings on the Liberal Democrats Benches at the time. It was a half-hearted gesture in the direction of creating an accountability mechanism, but it is a gesture that does not work. The panels have created a mechanism whereby people are brought together from different local authorities, perhaps three or four times a year, to carry out the statutory functions. It is not a cohesive team. The budget available for servicing them is microscopic, which means that there is no staff work which supports that work. It is not surprising that the learned study which my noble friend referred to is quite so scathing about them. I also wonder why it has been decided that this scrutiny function is best located in a single body. Why would you not have a body which focused on policing matters and one which focused on the fire matters, given that the Government keep telling us that these will continue to be separate functions with separate streams of funding? Perhaps the Minister can enlighten us.
I thank noble Lords for the points they have made. On using the word “rescue” in the title, apart from the fact that it is a bit of a mouthful, chief fire officers in the Chief Fire Officers Association do not have the word “rescue” in their title. I think that is the reason. I take the noble Lord’s point, but too many words can be a bit cumbersome. We consulted police and fire stakeholders between the amendment being made in the Commons and our suggestion to change the name.
On whether the panels are effective, I was on the police authority for a year. At that time there was a lot of criticism of police authorities being remote from people and questions about whether they were fulfilling their function of bringing police authority to account. The police and crime panels under the Bill have clear powers to scrutinise the actions and decisions of each PCC and to make sure the information is available to the public. The meetings are held in public, so not only is the information available to the electorate but they can watch these meetings, which are often recorded. For example, the meeting of Sussex PCP is broadcast, and members of the public can submit questions to the panel for the commissioner ahead of the regular scrutiny meetings. I will not disavow what the noble Lord said—I have not read the book—but their powers are clear, and the decision-making and the scrutiny process is transparent. The scrutiny meetings are often available for broadcast, and members of the public can ask questions ahead of them.
My Lords, in replying to the noble Lord, I hope that I have the right end of the stick as to what he is saying; I will give it a go anyway and I am sure that he will intervene if I am wrong. The amendment relates to the rules on political restriction in Sections 1, 2 and 3A of the Local Government and Housing Act 1989, in so far as they apply to the deputy mayor for fire and the deputy mayor for policing and crime. Those rules do not apply to the deputy mayor for policing and crime. I therefore put it to the noble Lord that they are not applicable or relevant for this amendment.
The provisions for appointing the deputy mayor for policing and crime are set out in the Police Reform and Social Responsibility Act 2011. The Bill does not seek to change those provisions. The 2011 Act does not restrict a member of the Assembly from being appointed as the deputy mayor for policing and crime, and for that member to continue to be a member of the Assembly.
The purpose of paragraph 8 of Schedule 2 to the Bill is to enable a person who is an Assembly member to remain a member of the Assembly or to become one despite having been appointed or designated as the deputy mayor for fire. The amendment would remove the political restriction rules completely for that position, which is perhaps what he was seeking. I did not think that was what the noble Lord intended, but it may be. If I have misunderstood his purpose, I will be very happy to reflect on what he has said and write to him.
I will certainly be grateful to receive a letter from the noble Baroness, Lady Williams. However, I think she has slightly missed the point—namely, that, under the current legislation, if the deputy mayor for policing and crime is not an Assembly member, he or she is politically restricted. It is just conceivable that, because of the convoluted way in which legislation is frequently drafted, the political restriction is derived from something other than those particular clauses in the Local Government Act, but I rather doubt it. Therefore, we are talking about those people who are not already Assembly members who are appointed as either deputy mayor for policing and crime or deputy mayor for fire. The Bill seeks to apply that provision to the deputy mayor for fire if they are not an Assembly member, so they are politically restricted. As I have said before, I think that is a nonsense. Therefore, I hope that the noble Baroness will check precisely how the legislation applies to them. But it certainly has applied to the last two deputy mayors for policing and crime in London, because both of them have been obliged to resign their council seats as a consequence not of any disqualification laid down other than the fact that they have become politically restricted, so clearly the measure has applied under those circumstances. The noble Baroness, Lady Hamwee, no doubt has encyclopaedic knowledge on this.
My Lords, I support the noble Lord, Lord Harris, on this. I remember quite clearly, during the passage of the Greater London Authority Act, the then Minister—or the government representative at the Dispatch Box; I think it was a Whip at the time—saying firmly, on the basis of notes coming to her from the Box, that the London Assembly should be allowed to sort out its own procedure. I think we were debating an issue around a quorum. The same applies here, probably in spades. It is also interesting that the Government, who are concerned about efficiency, effectiveness and economy, should insist on procedures that must have the potential to be less efficient and more expensive.
My Lords, as the noble Lord, Lord Harris, explained, the amendment would delete the provision which prevents the assembly arranging for any of its non-fire and emergency committee functions to be discharged by that committee. The role of the fire and emergency committee will be to review how the London Fire Commissioner exercises his or her functions and to investigate and prepare reports on the commissioner’s actions and decisions. The committee will also review draft documents presented to it by the London Fire Commissioner and make a report or recommendations to the mayor. The committee will also undertake confirmation hearings in respect of the appointment of the London Fire Commissioner and the deputy mayor for fire. In addition, it will have the power to require the deputy mayor for fire, the London Fire Commissioner and any officer of the London Fire Commissioner to attend proceedings of the committee to give evidence.
The functions are set out in the Bill so that it is clear that the fire and emergency committee has a specific fire-related purpose. It follows that the committee should not be used for any non-fire-related business of the assembly. This is clearly different from everywhere else in the country, as the noble Lord said—and I am sure that other places in the country will argue for what London has. The position in London is different. There will be two separate functional bodies and no move to a single-employer model, so in that sense it is not the same as elsewhere. I apologise for doing it again, but I compare Greater London to Greater Manchester—it is four times the size.
I would not agree with that, but with that explanation I hope that the noble Lord will feel happy to withdraw his amendment.
My Lords, to be honest, I do not think that it was really an explanation. The issue is not that London is more complicated even than Greater Manchester, nor that there will be two separate functional bodies headed by the deputy mayor and so on—although I have to ask: if the Government are enthusiastic about such a model everywhere else in the country, why would it not make sense for the two functions to be brought together in London, or for there to be a single employer? I am not advocating that, by the way, because I do not think that it would be a good idea, but I find it inconsistent with everything else in the Bill.
As the noble Baroness says, the Bill specifies in enormous detail exactly how the Assembly will have to organise this:
“The Assembly must arrange for the functions”—
the noble Baroness listed them—
“to be discharged on its behalf by a particular committee of the Assembly … The Assembly may not arrange for the fire and emergency committee functions to be discharged on its behalf otherwise than in accordance with subsection (1)”,
which sets up the committee.
“The Assembly may not arrange for any of its other functions to be discharged by the fire and emergency committee”.
This is really laying it down—“You have to have a fire and emergency committee. It can do only this, it mustn’t do anything else, and nobody else must do it”. It really is not very much of a statement in favour of localism. The Bill then goes on to say that:
“The special scrutiny functions may only be exercised at a meeting of the whole panel”.
I do not know where “panel” comes from; the rest of the new section talks about a committee; no doubt that is a technical issue that I do not understand, but officials might want to look at whether the Bill should say “panel” or “committee” at that stage.
Had I been really malevolent, I would have taken out all that and just said, “These are the functions that the Assembly must consider how to administer”. Laying things down in that detail and limiting the discretion of the Assembly to decide how it wants to organise itself seems a nonsense. Although I am happy not to press the amendment to a vote tonight, I hope that I am getting an assurance from the noble Baroness that she will look at it again and come back on it on Report, otherwise I will.
(8 years, 4 months ago)
Lords ChamberI thank my noble friend for making that point. My right honourable friend was indeed very impressive. If I can be a fraction as competent as she is, I will feel that I have done a very good job. She stated not once but twice, I think, during the reply to the Urgent Question that she accords this issue top priority in her inbox over the summer.
My Lords, I think we understand that there is a new Home Secretary; we would be hard pressed not to notice that. We also appreciate that the noble Baroness is a new Minister on this topic. However, there is no new IPPC. The point that my noble friend Lord Rosser raised was that in essence the position of the IPPC was misrepresented. Could the Minister tell us how that happened?
My Lords, I can tell noble Lords that the IPCC is working very closely with the CPS to assess whether material related to the policing of Orgreave is relevant to the Hillsborough criminal investigation. Decisions have yet to be made by the CPS on whether any criminal proceedings will be brought as a result.
(8 years, 4 months ago)
Lords ChamberI can confirm that we are satisfied that we have the police-led and vehicle-led capability to deal with such large-scale firearm attacks in the UK. The noble Lord will have to forgive me—it is my first hour, never mind my first day.
My Lords, I refer to my interests in the register. Further to that exchange with the noble Lord, Lord Carlile, the pattern around the world is increasingly that vehicles are being used as a weapon in terrorist attacks, particularly when there is a lone actor. Given those circumstances, could the Minister confirm that consideration is being given to making the resources available to local authorities and others to build much more robust street furniture? With all due respect to the noble Lord, Lord Carlile, I rather suspect that a mobile barrier would have been completely ineffective given the size of the truck that was used, but I wonder whether more investment should not be taking place. We have extremely ugly concrete blocks around this building, and I rather fear that if the use of vehicles as weapons becomes more prevalent around the world, that is the sort of thing that will need to be present in very many other parts not only of this capital city but of the country as a whole.
The noble Lord makes a good point about the things we need to do in this country, which we do. The amount of barriers outside this building has certainly increased in the time that I have been here, and our security and intelligence services monitor the places around the country which they feel are vulnerable, and measures are put in place accordingly.
(8 years, 7 months ago)
Lords ChamberMy Lords, I, too, think that this amendment is important and I hope that the Minister will be able to accept it. My view is that this Bill is littered with unintended consequences. However, I may be wrong about that; they may be intended consequences. The answer is that we simply do not know, because so much of the Bill has not been brought forward in a way that allows us see what exactly is intended; we do not know what will be in regulations and so on. So we do not know what the consequences will be, whether they are intended or not. That is not a sensible position to be in.
If one takes at face value the objectives the Government have enunciated—what they want to do to address the housing problems that affect many parts of this country—there has to be the opportunity to take stock of the way the changes included in the Bill will work through the system. My noble friend’s amendment would at least enable that to be done. It would of course have been much better if the Bill had been properly produced in the first place after a proper assessment of all the evidence, and if it had been made clear to Parliament what all its various components would be. But given that we are not there, if this amendment is accepted, we could before the next general election have some of that information before Parliament and before government. The Government might even decide that they want to unpick some of what they are trying to do here, or they might recognise that remedial measures are necessary; but in any event there would be a generally and publicly available report so that, near the time of that general election, there could be an understanding of the Bill’s consequences and of how we need to move forward to achieve balanced and adequate housing provision in all parts of the country. I am pretty certain that this Bill, with all its consequences, whether intended or unintended, will not provide us with that; we need the evidence and the information. Indeed, I would have thought that good government, of whatever colour, requires that such data be collected and made available.
My Lords, I begin by agreeing with the noble Lord, Lord Kennedy, about the intention of government in providing housing, and about people—not usually the tenants themselves, and subsequently the owners—sometimes trying to profit from housing that is intended for an entirely different purpose. I hope the noble Baroness will recall the undertaking I gave in Committee to get a working group together to look at how such fraud can be eliminated from the system. I feel very committed to that. I also take on board her point about the detail perhaps not being ready when noble Lords might want it. I hope that noble Lords will at least give me credit for trying to do that when I can, and in as much detail as I can.
I assure noble Lords that the Government already publish a significant amount of statistical data on the composition, tenure and affordability of housing through various mechanisms such as housing surveys and data collection exercises. For example, as part of the English housing survey, we publish an annual report on households. For 2013-14, this included information about tenure in the social rented sector, the private rented sector and owner-occupation. It compared each of these tenures and looked at how the relative size of each has changed. The report also examined measures of the affordability of social rented accommodation and movements into and out of the social rented sector.
Additionally, the Government publish various housing statistics, giving up-to-date data on a range of issues such as affordable housing supply, dwelling stock estimates, net supply of housing, housebuilding and housing market data. That is very useful information which provides a comprehensive and up-to-date picture of changes in housing stock, tenure and affordability.
With that reassurance about the extensive data—
The noble Lord is obviously referring to a previous group of amendments. I am not sure whether he was in his place when I said that this data collection exercise is quite extensive— 60 million pieces of data. We always thought it would be a quite a lengthy process, but we will keep noble Lords up to date as and when we can.
Does the noble Lord, Lord Harris, want to add to that?
I seek clarification on what the Minister just told us. She outlined all the various data which are collected and published at the moment, but this Government are committed to reducing the burdens of data collection and regulation. We keep having various surveys and various other forms of data, the collection of which is then cancelled. Can the Minister give us an absolute undertaking that none of the data sets she has talked about will stop being collected between now and the end of this Parliament? If it was written into legislation that this report would have to be produced, it would obviously then be very difficult for the Government to resile from their obligation to collect the data.
I hope the noble Lord will understand that I do not have telepathy regarding what might happen in various spending reviews et cetera, but as far as I know such data collection exercises will continue. If that is not the case, I will let the House know.
(8 years, 8 months ago)
Lords ChamberMy Lords, I am sure that that is the case, but I am not a member of the usual channels. There are Members sitting in this Committee who are interested in this Bill or in particular clauses or aspects of it. We have a right to know the intention in terms of the remaining groups on this Bill. That is why I therefore move that the House do now resume.
My Lords, perhaps I might speak as the Minister who is on the Bill. We have spent many weeks on it. The one thing that we do not do is the job of the usual channels. With respect to the noble Lord, I ask him to respect this convention and allow the Chief Whip to make a Statement at 7 pm. In the mean time, could we please get on with this Bill because we all want to go home?
My Lords, there are a number of products on offer to first-time buyers, including shared ownership, which might require a deposit of as little as £1,400. There is Rent to Buy and a number of other products should people want home ownership.
My Lords, three weeks ago today the Minister answered a Question about the £140 million that the Prime Minister had announced for estate renewal. We now understand that that £140 million was payable as a loan—it is seed corn that you have to give back. Was the Minister aware at that time that it was a loan? If she was, why did she not tell the House? If she was not, what is going wrong at the Department for Communities?
(8 years, 9 months ago)
Lords ChamberMy Lords, I will not be sitting on the panel, but I shall certainly bring that point to my noble friend Lord Heseltine. Of course, my noble friend is absolutely right that, the more energy efficient a house is, the cheaper it is to live in and the cheaper the bills are for the tenants or the owners of it. I will certainly bring that point to my noble friend’s attention.
The noble Lord makes a very important point on the need for those tenants not to feel that this has been imposed on them or that things have been done to them, but that they are very much part of the process that is taking place. I know that that is foremost in the mind of my noble friend Lord Heseltine. It will be a collaborative process with tenants to do the best for them.
The Minister’s right honourable friend the Prime Minister, when he announced this initiative, talked about bulldozing 100 sink estates. Can the noble Baroness tell us how many families will be living in those sink estates and how far the £140 million will go towards providing them with adequate accommodation? Perhaps she can tell us whether she agrees with the Prime Minister’s terminology in describing those homes as being in sink estates.
My Lords, “sink estate” is terminology that conjures up a picture of an estate that has become run-down, in which people feel less safe to live or, indeed, where the standard of accommodation is not what it should be. The £140 million of funding is seed funding for other types of funding to come in both from the public and the private sector. While that regeneration is being done, I do not expect that the tenants will be living in those houses.
(8 years, 11 months ago)
Lords ChamberMy Lords, I thank all noble Lords who have spoken in the debate on these regulations, and the Secondary Legislation Scrutiny Committee for its report, which has helped to inform it. I understand that the regulations apply to both domestic and public buildings. I thought that I might clear that up at the start.
I will start by addressing the concerns expressed by the Secondary Legislation Scrutiny Committee that the policy-making process relating to these regulations may have been weakened by the lack of consultation. I regret that in the limited time available to take action, my officials did not have the opportunity to carry out more extensive consultation on the regulations. However, they made use of the responses to the previous Government’s consultation on the future of the display energy certificate, or DEC, regime, which sought views on this enforcement regime. They then tested these regulatory proposals in discussion with a number of local weights and measures authorities and officers, based on their experience of implementing the existing duty.
Local weights and measures authorities have been responsible for the enforcement of energy performance of buildings regulations in England and Wales since 2008. These regulatory changes do not change the nature of the existing enforcement responsibility or set central targets for activity, as enforcement priorities are a matter for local determination. They create a new reporting duty and require local measures to resolve a potential conflict-of-interest issue. From their discussions with local enforcement officers, my officials were assured that the additional burdens imposed by this reporting of existing duties would be minimal, as all enforcement activity should already be appropriately recorded locally. They discussed these measures with local trading standards officers and confirmed that this was not a significant burden. They confirmed that enforcement action is already recorded, so one annual report is no burden. It is for local enforcement bodies to determine—
Yes, but this is the only one for which there is a requirement to present an annual report to the department. Why?
My Lords, the DCLG will collate and publish a national report. The data will not be challenged in order to provide transparency and national evidence on activity. I am guessing that it is being done because it is an important matter.
It is for local enforcement bodies to determine the nature and extent of the enforcement activity, responding to local priorities and needs. Local weights and measures authorities have the power and discretion to issue penalty notices if necessary, as well as being able to take action to inform, advise and educate. We have ensured that the new reporting requirements are as light-touch as possible to fulfil the purposes of these regulations and provide the transparency that I talked about.
We did not simply spontaneously decide to impose requirements on these authorities, however. As set out in the appendix to the 11th report of the Secondary Legislation Scrutiny Committee, the department received a letter of formal notice in July 2014 from the European Commission relating to UK regulations. The focus of the letter was broader than the scope of these regulatory amendments as it was considering the issue and display of energy certificates in public buildings, although it raised a range of concerns on the adequacy of our enforcement regime. We responded to all the issues raised by the European Commission. We explained the measures we have put in place to allow scrutiny of compliance with the requirements of the Energy Performance of Buildings (England and Wales) Regulations 2012. This included the accessibility of registers on which all of our data are lodged and the amount of information that we put into the public domain.
In various exchanges with the Commission between July 2014 and June 2015, we made it clear that our enforcement regime did not need significant change. Views were sought regarding barriers to enforcement and information in the last Government’s consultation on the future of the display energy regime in early 2015. Local weights and measures authorities have, for the last seven years, had a duty to carry out this work, and appropriate funding has been included in the local government settlement since 2008, when regulations first placed responsibility for enforcement on local weights and measures bodies.
The noble Baroness, Lady Crawley, talked about ring-fencing funding. The settlement provides unring-fenced funding and individual councils can decide what resources they will allocate to each service, depending on the local priorities and needs. We received a range of suggestions on alternative approaches, along with a suggestion that we should ring-fence the funding for this work if it remains a local government responsibility. However, ring-fencing would run directly counter to the long-standing government policy to allow local authorities to determine for themselves how best to use the total pool of resources allocated to them, and cannot be justified in these circumstances.
I believe that these regulations set out the minimum measures necessary to satisfy the UK’s obligations under the directive and to protect England and Wales, and our local authorities, from the possibility of further action. However, that is not to say that they are set in stone.
I regret that we were unable to consult more widely regarding these regulations. However, despite the impression that we have had over a year to address any weaknesses, it was not until we received the Commission’s reasoned opinion in June 2015 that it was clear that further steps were necessary, in particular to address a potential conflict of interest that may arise when a local weights and measures authority is required to enforce against its own parent authority and to put more information into the public domain on enforcement activities.
Once we received the reasoned opinion, we had to act quickly to address any shortcomings. Our focus was to ensure that any further measures we introduced were fit for purpose but as light-touch as possible, and to this end we concentrated on engaging with enforcement officers directly in order to reality-check our thinking. Were we to fail to satisfactorily fulfil the obligations of the directive within the time allocated to us, the likely outcome would be a referral to the European Court of Justice and ultimately the imposition of a multimillion pound fine. Any such fine could potentially fall on local as well as central government.
Going forward, my department will continue to be open to considering the views or proposals of authorities and others based on their experience of implementation. I am also aware of the ongoing review of the functions of local trading standards authorities being led by the Department for Business, Innovation and Skills, and we will consider any relevant recommendations that arise from that.
With that, I hope that the House is assured that we take seriously the representations made to us regarding this enforcement regime. In acting to regulate, we have needed to respond—
(8 years, 11 months ago)
Lords ChamberMy Lords, I think that I partly answered that in answer to the noble Lord, Lord Beecham. In small planning authorities, particularly in district authorities, there is every reason why authorities should share functions, if the authorities are particularly small.
My Lords, I do not think that, in answering the question asked by my noble friend Lord Beecham, the Minister really addressed the central issue. My noble friend gave two examples of housing associations that have withdrawn from schemes because they do not think that they are now viable, given government policies. What evidence do the Government have that their policies towards housing associations are not going to choke off new housing development for affordable homes?
My Lords, I think that our record in the last Parliament is evidence enough.
(8 years, 11 months ago)
Lords ChamberI thank my noble friend for that question. I did not set him up to ask it. He is absolutely right.
My Lords, who is responsible for enforcing this requirement, and what resources are made available for them to do so?
It is up to the tenant to get in touch with the local authority if the regulations have not been complied with. The landlord will have 28 days to do so, within which time a notice will be issued.
(8 years, 11 months ago)
Lords ChamberI think others might disagree with my noble friend.
The noble Lord, Lord Cormack, reminds the House, which the Minister did not, that there was a referendum in London and a two-thirds majority voted in favour of having an elected mayor. That was different from the election of police and crime commissioners, when there was no such referendum. Of course, the date was selected by a shabby deal done inside the coalition with the Liberal Democrats, which meant that we ended up with those elections in November. But why is it not permissible for the new combined authorities to have a referendum on their governance structures and how that process will happen? Surely that would buy in support—as it did in London, for everyone with the exception of the noble Lord, Lord Cormack—for the principle of having a directly elected mayor.
My Lords, the Conservative Party made explicit in its manifesto its intention to have mayors for large cities which agreed to that. For that reason, the principle was outlined before the election. The people engaging with the Government are themselves elected members.
My Lords, Amendment 3 would set out in the Bill that the introduction of a mayor for a combined authority area would not be a precondition for the transfer of functions to combined authorities. We had a very lively debate on this amendment in Committee and we have had another very lively debate today. In that context, I am not surprised that we are considering the amendment.
I have been very clear on the Government’s policy on the devolution of far-reaching powers to local areas. I think we can all agree that if areas are to have such powers they must adopt strong governance and accountability arrangements. As my noble friend Lord Heseltine said, it is not for us to come up with the proposals. It is a bottom-up process, and we want to hear from areas what their proposals are for the powers and budgets they want devolved to them, and the governance arrangements that they think are necessary to support such devolution. As my noble friend Lord Deben said, we need something new.
What sort of governance arrangements will be necessary—the scale and scope of the powers—will depend on the sort of proposals put forward. Last week, in his Budget speech in the other place, the Chancellor was very clear when he stated:
“The historic devolution that we have agreed with Greater Manchester in return for a directly elected Mayor is available to other cities that want to go down a similar path”.—[Official Report, Commons, 8/7/15; col. 329.]
Our policy is therefore clear and this amendment is directly at odds with it.
We have this policy for good reasons. We have it because where there is devolution of the ambition and scale as in Greater Manchester, there needs to be a clear, single point of accountability. People need to know who is responsible for the major decisions in their area—decisions which will affect their daily lives.
My noble friend Lord Deben highlighted the importance of there being real change in local government. That is why we committed so clearly in our manifesto to legislate to implement the Greater Manchester deal and to offer similar deals to other cities that choose to have a mayor. The Bill, with its provisions on mayors, allows us to implement the Greater Manchester deal and fulfil our manifesto commitment. The amendment would, in fact, frustrate it.
As other noble Lords have said, mayoral governance for cities is a proven model that works around the world. It provides a single point of accountability. As my noble friend Lord Deben said, it has made a big difference to Bristol. When the office of the Mayor of London was created there was not much excitement across the country. As either my noble friend Lord Heseltine or my noble friend Lord Deben said—I cannot remember who it was—it is now seen as a force for progress in our capital.
Is it not the case, however, that the election of the Mayor of London was preceded by a referendum where the people of London chose to have government in London and an elected mayor—by, if I remember correctly, a two-thirds majority?
That is correct. I am making a point not about referenda but about the profile and remit of the Mayor of London and how it is now something that people with a very high-profile background in both local and national government wish to go for.
I must say at this point that a mayoral model is not an imposition: it has to be agreed. No order can be made to transfer powers and create new governance arrangements without the consent of all authorities involved. The Secretary of State is not imposing a mayor on anyone, but he wants to see accountability proportionate to the scale of the devolution of powers. That we have this offer does not preclude us from engaging with all areas, cities, towns and counties to consider their proposals for devolution. Quite the contrary: we are ready to have conversations with anyone. The Bill does not limit in any way the devolution proposals that areas can make, and the Government will consider any and all proposals for greater local powers. In short, our clear policy is that the Government,
“intends to support towns and counties to play their part in growing the economy, offering them the opportunity to agree devolution deals, and providing local people with the levers they need to boost growth”.
That was made clear in the Budget.