Police: Body-worn Cameras

Debate between Lord Harris of Haringey and Lord Bates

Thursday 11th February 2016 Lords Chamber

[Lord Bates]

We are doing a number of things in this area. We have issued the new reforms, and of course, Her Majesty’s Inspectorate of Constabulary keeps this under very tight review. We have also said that data must be collected on this, and transparency of data collection is a very important part of reassuring the public that these important powers are used proportionately and appropriately, irrespective of people’s ethnic backgrounds.

[Lord Harris of Haringey (Lab)]

My Lords, I refer to my interests in the register on policing. Can the Minister enlighten us? Is it not the case that where there have been trials of body-worn videos, the number of complaints against police have fallen, and that they have been much more easily resolved? If all officers who carry out stop and search had body-worn videos, would that not reduce many of the tensions? It might have a good effect on the officers concerned as regards the manner in which they carry out those stop and searches as well as on the behaviour of those whom they stop. If so, should the Government not move much more rapidly to ensure that all officers on the street, whether covert or overt, are equipped with body-worn videos?

[Lord Bates]

Indeed; that particular study the noble Lord refers to was on a trial carried out by the Metropolitan Police and the College of Policing, and it found exactly that: it had a regulating behaviour both on those who were videoed and those who carried the body-worn camera. Public approval was in excess of 90% across a whole range of indicators that this was a positive innovation. That is why the Met has announced that it will roll it out across all front-line services—Hampshire and others have already done so. However, at that level it is a matter for the chief constable.

Emergency Services: Central London

Debate between Lord Harris of Haringey and Lord Bates

Wednesday 18th November 2015 Lords Chamber

[Lord Harris of Haringey (Lab)]

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

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, working across government the Home Office has developed a police-led capability to deal with large-scale firearms attacks. We are reviewing the attacks in Paris to see if there is anything further we can learn. Further communications will be made in due course.

[Lord Harris of Haringey]

My Lords, I am grateful to the noble Lord for that Answer. No doubt he is aware that the London Ambulance Service has failed in virtually every London borough in every month to meet its emergency response targets, that the number of authorised firearms police officers has dropped by 760 since 2009 to below 5,000, and that the Police Federation says that the police would struggle to cope with an incident such as occurred in Paris if it were to happen here. Does the Home Secretary support the view of my honourable friend the shadow Chancellor that police emergency response teams and neighbourhood teams should be exempted from the worst of the Chancellor’s cuts to be announced next week?

[Lord Bates]

On the specifics, the noble Lord will realise that we will have to wait for the announcement to be made as a result of the spending review next week. On the points that he made, he will be aware that since the 7/7 attacks in the capital there has been a counterterrorism strategy. There are regular operations as a result of the coroner’s report into those attacks in London. She recommended that there should be much greater interoperability between the different services. That has happened. Only this summer we had Operation Strong Tower, which was a 1,000 personnel strong exercise, following which the Metropolitan Police Commissioner said that he believed we were ready to meet the challenge should such attacks happen in the capital. We want to maintain that at all costs.

Modern Slavery Act 2015

Debate between Lord Harris of Haringey and Lord Bates

Monday 26th October 2015 Lords Chamber

[Lord Bates]

I had not seen a report of that, but if the noble Baroness would draw it to my attention, I will certainly make sure that we follow up on it, because that is a crucial gap in the system if that is happening. I am sure that that is not happening in UK detention centres, but if she shares the information, I will ensure that it is thoroughly investigated.

[Lord Harris of Haringey (Lab)]

The noble Lord’s own department has produced figures estimating that there are up to 13,000 victims of modern slavery in the country. Given the enormous workload in terms of enforcement, in terms of the work with private businesses and in terms of the work internationally in trying to reduce the flow of trafficked people into this country, is the Minister satisfied that, with a team of staff that is only going to reach seven, the Anti-slavery Commissioner has the resources necessary to carry out this important work?

[Lord Bates]

The noble Lord will be aware that, last week, the Anti-slavery Commissioner produced his report—his strategy document—as he was required to do under the Act. He has set a very clear measure as to where he is focusing: the identification of victims, and the need to encourage prosecutions. As a former police officer, he is well placed to do that. In a lot of cases, it is not a resource question; it is an issue of will and intelligence to identify those people who are at risk to ensure that the perpetrators are tackled and those who are victims are helped.

Asylum: Sexual Orientation

Debate between Lord Harris of Haringey and Lord Bates

Monday 20th July 2015 Lords Chamber

[Lord Bates]

I pay tribute to the noble Baroness’s work in her role as a DfID Minister. We continue to work through the Foreign and Commonwealth Office and public diplomacy to try to ensure that discrimination of that nature is tackled at source. I will look into the projects she referred to, but perhaps we can compare notes to ensure that we are looking at the right ones. However, I will be happy to look into them and ensure that they continue to receive funding.

[Lord Harris of Haringey (Lab)]

My Lords, I understand that the former chief inspector of borders had some issues with the flexibility he was allowed in the investigations he could conduct and the publishing of his reports, rather than waiting for the publication of his annual report. Have those issues been resolved for the new inspector of borders?

[Lord Bates]

That matter was looked into by the Public Accounts Committee, which made some observations on how those reports are laid. They are laid in accordance with the UK Borders Act 2007, so we feel that that is consistent. The only reason why there was a change in the way they were routed through the department was to ensure that the Home Secretary had an opportunity to look at them, as is consistent with other reports, and in line with national security and public safety.

Psychoactive Substances Bill [HL]

Debate between Lord Harris of Haringey and Lord Bates

Tuesday 23rd June 2015 Lords Chamber

[Lord Bates]

My Lords, these amendments seek to reframe the definition of a psychoactive substance for the purposes of the Bill. This Bill is designed to capture substances supplied for human consumption that have psychoactive effects. Its aim is to capture substances that are not currently controlled under the Misuse of Drugs Act 1971, but, as with all drugs when misused, carry health risks.

Subsection (2) provides that,

“a substance produces a psychoactive effect in a person if, by stimulating or depressing the person’s central nervous system, it affects the person’s mental functioning or emotional state”.

We accept that this definition has been drawn purposefully wide. The nature of this market and of experience to date shows that producers of the substances are constantly and actively looking for loopholes to exploit, thereby fuelling this reckless trade. This learning has been central to how we have designed this Bill and in particular our definition.

By using a definition based on a substance’s effects rather than the chemical composition of substances, this legislation will avoid the issues that we have continued to face with the Misuse of Drugs Act 1971. Many new psychoactive substances are still legal due to the speed at which they are produced, with manufacturers inventing new substances by tweaking chemical formulas in order to avoid the existing controls. The need to capture such a wide range of substances, and any that might be invented in the future, necessitated a broad definition. The definition is in two parts: the trigger and the effects. The main effect of psychoactive substances is on a person’s brain, the major part of the central nervous system. By speeding up or slowing down activity here, psychoactive substances cause an alteration in an individual’s state of consciousness.

Amendments 7 and 8 in the name of the noble Baroness, Lady Meacher, seek to restrict the definition of a psychoactive substance so that it captures only synthetic substances. The nature of this market and of experience to date shows that producers of new psychoactive substances are constantly looking for loopholes to exploit, thereby fuelling their reckless trade. There are any number of natural products—such as fly agaric mushrooms and salvia divinorum—that are openly on sale in head shops and elsewhere which are far from safe though they are not banned under the Misuse of Drugs Act 1971. The Bill should give us a proportionate way of dealing with these substances as well.

Amendment 9 seeks to import the definition of a psychoactive substance—

[Lord Harris of Haringey (Lab)]

I am grateful to the noble Lord for giving way. I would like to understand—maybe if I had heard some of the other amendments I would have understood, but I am not sure I would have done given the comments that have been made—how, if the police, for example, have seized a product which may or may not be a psychoactive substance, they assess whether it is going to have these effects on somebody’s brain. Do they feed it to a tame police officer, or to a young person whose brain may be less developed? How is this going to happen? Is that something that then has to be replicated in a court room? What is the process going to be for saying, “This is definitely a psychoactive substance”? How will they tell?

[Lord Bates]

That is a good point. There are a number of ways. Perhaps I may make the point that I have been trying to set out the terms so that a future reader of the Official Report may actually be able to deduce—I will be careful here—what the Government intended when they set out the definition in this particular way. The noble Lord’s intervention is entirely appropriate and I do have an answer which I will give to him, but I want to make sure that we do not lose the flow of what underlies this, which is the rationale behind the definition.

There are a number of ways, and these include data based on a human user’s experience, argument by analogy and in vitro neurochemical profiling. Working with the Centre for Applied Science and Technology at the Home Office, we will identify and build the capability in the UK to meet the demand for this new forensic requirement, as well as working with the Office of the Forensic Science Regulator to ensure that the high standard of quality that forensic evidence meets is maintained.

The Home Secretary has written to the Advisory Council on the Misuse of Drugs seeking its views on how we can strengthen the UK’s forensic capacity and capability to support the implementation of the legislation. We remain ready to consider carefully any recommendations the council may have about other aspects of the Bill. We will continue with the forensic early warning system, which has enabled forensic providers more easily to identify new psychoactive substances coming on to the UK market through the provision of reference standards and establishing a new psychoactive substances community. I am sure that that has entirely answered the noble Lord’s point.

--- Later in debate ---

[Lord Bates]

I will send her chocolates.

I can assure noble Lords that we are dealing here with the trade in new psychoactive substances. In looking at the workings of the Bill it is necessary to consider the definition of a psychoactive substance alongside the elements of the offences in Clauses 4 to 8, which we will come to shortly. It is not correct to equate the effect of a scent wafting through the air with the direct inhalation of fumes, such as from a solvent, and the offences apply only where a substance is likely to be consumed for its psychoactive effect. We may all appreciate the sight and smell of a fine bouquet of flowers, but we are not consuming the flowers or their scent for their psychoactive effect.

The noble Baroness asked whether the reference to “allows” in Clause 2(3) goes further than the recklessness test in the offence clauses. The noble Baroness is, I fear, seeking to compare apples and pears. In Clause 2 we are not dealing with the mental elements of criminal offences. The phraseology in Clause 2 is designed for a wholly separate purpose compared with that used to determine the mens rea of the various offences, so the question whether “allows” is a higher or lower test than recklessness does not arise.

I shall respond to the point made by the noble Lord, Lord Rosser. The ban will come into effect as soon as the Bill is brought into force. What we are debating here is the quality of evidence required to pursue a successful prosecution. As I have said, we have asked the Advisory Council on the Misuse of Drugs to provide advice on how we can strengthen our forensic capacity to this end. It goes without saying, therefore—given that we are consulting widely on this— that the opinions and views of your Lordships’ House will also be helpful at arriving at that definition of minimal harm.

[Lord Harris of Haringey]

For the avoidance of doubt, I think that something should be done in this area and I am concerned that the Government’s proposals may not work.

I understood what the Minister read to us, in terms of the guidance on how you would test. It seems to me that the case rests on this: you have a substance that you think is psychoactive and you need to test it, because you need to establish whether it raises or depresses someone’s mental state. Does this mean that it has to be tested on a human being? If so, what are the arrangements for doing it? What are the safety provisions, given that some of these substances are extremely dangerous? Is there, therefore, a process that we can use when we think something is a psychoactive substance but the only way to find out is by finding a human being and testing it on them?

If that is not the case and the intention is to look at whether a substance is chemically similar to something else, you are back in the same routine of demonstrating that this is a small variant on something seen before. That is what I am trying to establish—the practicalities. Here is something. We have found it. We think it is psychoactive. Can we do something about it? Most Members of this House—there are a number of exceptions —think that something should be done. How do we know that something is psychoactive?

[Lord Bates]

That is a fair point, in that it is asking how this will be tested. We will come to those points because we are going to deal, to some degree, with medical testing and how it is possible to license some of these drugs so that they can continue to be tested. We were talking earlier about how universities and research institutions can continue testing on drugs such as cannabis. That is a key point: that testing will go on. I will make sure about that before Report.

Police and Crime Commissioners

Debate between Lord Harris of Haringey and Lord Bates

Wednesday 3rd June 2015 Lords Chamber

[Lord Harris of Haringey]

To ask Her Majesty’s Government what plans they have to give additional powers and responsibilities to police and crime commissioners.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, we will develop the role of our elected and accountable police and crime commissioners to shape policing services to local needs and priorities, as they are now doing in commissioning victims’ services, setting out policing priorities and driving reform. During this Parliament we will set out further proposals to enhance collaboration between police and fire authorities.

[Lord Harris of Haringey (Lab)]

My Lords, I am grateful to the Minister for his Answer. Given that these police and crime commissioners are elected and accountable and were the flagship policing reform of the Conservative Government, what is the objection to allowing them properly to set the budget of the police service in their area? Why is there an arbitrary cap of 2% on the increase in the precept that they are allowed to impose?

[Lord Bates]

There is a limit because we have to control expenditure. However, the noble Lord makes a very fair point, which is that these are elected and accountable individuals. In Bedfordshire, for example, under the rules permitting a referendum to take place, there was a referendum on raising the precept beyond 2%. That was defeated by two-thirds to one-third just last month on a 65% turnout. I think that demonstrates that we support that principle.