(3 years, 9 months ago)
Lords ChamberWe have discussed this a lot in your Lordships’ House. There is a presumption of anonymity, and that is absolutely right. There are occasions when names may be given out to bring forward further evidence. The Jimmy Savile case was a classic case in point. Quite often, it is not the police, the Home Office or anyone but the media who gives out names.
My Lords, first, I declare an interest in that Paul Gambaccini is, I am pleased to say, a close personal friend. I am also conscious that the Metropolitan Police on occasion, when investigating such cases, has clearly shown its ability and impartiality, which is not reflected here. I come back to the Henriques report. Will that and similar reports be taken into consideration by the Home Office in future for any appointments and promotions? Many of us consider that necessary for this report.
My Lords, it depends which promotions the noble Lord is talking about, but recruitment within the police is done by the police; recruitment of the commissioner, as I said, is done by the Home Secretary in conjunction with the Mayor of London.
(4 years, 2 months ago)
Lords ChamberTo ask Her Majesty’s Government what progress has been made towards finalising a digital evidence policy for access to complainants’ and witnesses’ mobile phones, particularly in relation to cases of alleged rape and sexual assault.
My Lords, cross-government work continues to ensure that complainants and witnesses are asked only to provide what is necessary and proportionate to investigate crime. Policing and the Attorney-General will publish new and updated guidance and the Home Office will work with policing to ensure that this is enabled by appropriate technology and training.
My Lords, there is a sense that, in recent years, police policy in sexual offence cases has swung from favouring one side to favouring the other. Following recent court cases, and the need to review how police deal with digital evidence, can my noble friend and the Home Office officials help ensure that both the alleged victim and the accused have fair and reasonable access to all relevant communications at all times?
I share my noble friend’s sentiment. While rape and sexual assault are devastating and serious crimes, we expect all investigations to be conducted thoroughly and fairly to ensure equal access to justice for both victims and defendants. We are engaging with partners, including the NPCC, the CPS and the College of Policing, to ensure that the police have the appropriate framework, technology and training to strike the right balance between a victim’s right to privacy and reasonable lines of inquiry.
(7 years, 2 months ago)
Grand CommitteeMy Lords, I congratulate the noble Baroness, Lady Meacher, on securing this debate and I apologise for not having applied to speak originally—I was not expecting to be able to be present. I echo everything that has been said in this debate and I do so as a diagnosed MS sufferer. I have been confronted by the diagnosis; as it happens, contrary to what the noble Lord, Lord Dubs, said, I have not taken cannabis at any point, but I agree with his overall analysis that on most estimates the figures are gross underestimates of the number of people who have taken cannabis as a treatment for my illness and, I believe, for many others as well. So I support everything that has been said around the Room this afternoon.
(8 years, 5 months ago)
Lords ChamberI agree with the right reverend Prelate. The noble Baroness raised this issue, and I will take it back and put it into play. One of my areas of responsibility at the Home Office is as Minister for Countering Extremism. That means meeting the challenges of extremism in all its ugly guises and bringing together voices to unite against extremism. The noble Baroness’s suggestion, endorsed by the right reverend Prelate, is something that I will take back. We will look to make progress with faith leaders, and those of no faith. This goes way beyond any faith; it is about how we as a country come together. People of faith and no faith should stand united against all kinds of evil.
My Lords, my noble friend will be aware that I and several hundred gay rugby players were partying in gay nightclubs in Florida only last week and the week before. We are therefore very conscious of the events of the last two days. However, it is a hate crime. The target happened on this occasion to be the LGBT community, but it could have been any other community on another occasion. Will the Minister please encourage a British response to this? That means not just saying, “We will ensure that Pride is safe”, but encouraging the nation at large to come out and show its support for Pride events, wherever they may be, because British people are not cowed by such events.
First, I say to my noble friend that our reports say no British citizens were impacted, and I am pleased to hear that all are safe. That said, he is right. I agree with his sentiment that we as Britain deal with these issues head on, and that means bringing people and communities together. The best response to any extremist or terrorist threat is to unite against such threats. By doing so, as we have done previously and are doing again today, we will show extremists of any guise that we will defeat their voices of evil.
(8 years, 7 months ago)
Lords ChamberThe noble Lord is right to raise the issue of pollution. That is why the Government are taking full consideration of the Davies Commission’s powerful recommendations on mitigating those impacts, so that appropriate consideration is given to ensure that those impacts can be mitigated, whatever the final decision on south-east expansion.
Does my noble friend recognise that there are concerns in all parts of this House that the announcement on the runway should not be made close to the recess? On a day when the Chancellor is discussing the economic benefits of staying in the EU, will my noble friend please acknowledge that every single day or week that this decision is delayed is a loss to this country?
My noble friend makes two very important points. Of course, the Government are listening and hear these concerns. I assure him that the concerns reflected in this Chamber are very much given due consideration by other members of the Government, as well as myself.
(8 years, 10 months ago)
Lords ChamberI welcome these amendments very much, particularly the ones relating to research, a concern about which was shared on these Benches. I remember asking about veterinary research, as distinct from research relating to human medicine. There were some raised eyebrows at that point and I had better not pursue it now. But I assume that these provisions will enable research regarding the medicinal use of cannabis, about which we were particularly concerned and on which I moved an amendment. The possible limitation of research was one of the concerns underlying that amendment.
I have a couple of questions for the Minister. I hope I gave him enough notice of them. I am sorry that they came so late by email. Both relate to the definition of,
“a relevant ethics review body”.
The first is on the use of the term “individuals” in paragraph 4(b) of the proposed new schedule. I wondered whether that might suggest—clearly absurdly—that we were looking at research involving separate individuals rather than cohorts of people. When I looked at the Human Medicines Regulations, I realised that the term “human beings” was used and that seemed a rather more appropriate term, less likely to be interpreted in a different way.
My second concern is with regard to charities. We very much want to see wide research so we welcome this approach. I recognise that the regulation of charities has been the subject of some concern and some change recently, but we may not be altogether rid of—how can I put it?—dodgy charities. Is there any sort of loophole here that would enable a dodgy charity to have an ethics committee—it would probably be rather a dodgy ethics committee but, nevertheless, it would be one—that would allow less than appropriate research?
I would like to pursue the matter raised by the noble Lord, Lord Rosser, as well as touch on a broader aspect of the legislation. I am in the slightly odd position of having arrived in this place after the original debates in Committee, and I would like to make two points.
First, there is something I do not really understand—and I say this having been chief executive of the British Beer & Pub Association. Pubs were created in 1751. This legislation is all or nothing. There is no allowance for things that might be sold in either a licensed premises or a regulated premises. There are many things in British life that are sold under such circumstances and I do not understand why we have to have an all-or-nothing approach to these substances. I understand the nature of the legislation but there are chemical circumstances under which people could define things and regulate them. If we have been doing something for 260 years, I think the Home Office might catch up. It is probably not its finest hour in terms of legislative process.
To follow up the question asked by the noble Lord, Lord Rosser, since the Government say—this is a change of position, although it was not a specific government amendment—that they will look at something, they could do one of two things. They could either adjust the timetable for the whole legislation and defer it slightly or rush through a consideration of something that is likely to be driven underground in the mean time. The noble Lord, Lord Rosser, asked whether we are going to ban and then unban. What advice will be given to the police in the mean time? Are they to disregard the sale of illegal products or are they just not to prosecute? It really does not make sense. I suggest that we either adopt a position of regulating products or defer the introduction of this legislation.
In response, I say first to my noble friend Lord Hayward, who has been a welcome addition to this House since his arrival, that when we were considering the Bill during its earlier stages in this House, the problem we were trying to identify was that once these new psychoactive substances were named, I or someone else, such as my noble friend Lady Chisholm, would come before your Lordships’ House with secondary legislation seeking to ban a particular chemical composition. Then it would be slightly tweaked by one or two molecules and reappear the next week as something else, and all the time people would be put at risk. That was the mischief that the whole thrust of this legislation was about. In the Conservative Party manifesto at the last election, we also made it clear that we would institute a blanket ban.
Forgive me for going through the points raised almost in reverse order, but my noble friend Lord Hayward asked whether we are going to ban and then unban. That is to prejudge the outcome of the consultation and review. The review may say that it is something that should be taken off the list; it may say that it should remain on the list. That is for it to do, so we do not know what the outcome will be. As we do not know that, we cannot prejudge it by putting it into this primary legislation. But because of this legislation we have a secondary legislation option whereby, if that decision is taken as a result of the consultation, we can act quickly to address it.
Let me deal with some of the other points which were raised. First, the noble Lord, Lord Rosser, asked me to confirm whether various medical groups and research groups had been consulted. Yes, they have, and they have been immensely helpful. I know that many in your Lordships’ House who spoke in Committee and on Report were speaking precisely to that point about the potential danger that this posed to legitimate medical research. I think they would welcome the fact that we have made it explicit in the Bill that these exemptions are there for research.
I thank the noble Baroness, Lady Hamwee, for her advance notice of the question on charities. The charity we are talking about would of course be a registered charity, and it would have to be one concerned with the advancing of health and saving lives. One hopes that the ability of someone to set up a “charitable body” which then started dispensing might be restricted, in the same way as restricting research to that approved by an ethics committee was the correct way forward. I can confirm that the Academy of Medical Sciences and other research communities were consulted on this. Also in response to the noble Baroness, cannabis is a controlled drug so it is outside the scope of the Bill, as controlled drugs are specifically exempt. The regulations that govern research in relation to cannabis are under the Misuse of Drugs Act, which is unchanged.
I may have answered the other points that were raised —no, there was a specific one on the term “individual”. The definition of the ethics body in new paragraph 4(b) does not exclude clinical trials of cohorts of people, as it refers to “individuals”—plural—not to an individual. It is important that medical charities such as Cancer Research are able to benefit from this exemption. We do not believe that the exemption for charities risks opening any loopholes. Section 1 of the Charities Act 2011 defines a charity as,
“an institution … established for charitable purposes only”.
Section 2(1)(b) of the Act states that the charitable purposes must be in the public interest. Head shops are unlikely to be considered as acting in the public interest—on the contrary, we would argue—so could not benefit from this exemption. I hope that that has been helpful in addressing some of the points raised.
(8 years, 10 months ago)
Lords ChamberThe Cyclamen co-ordination group, which works with the Border Force and the security services in tracking down this material, does a lot of work in this area. Sections of the inquiry findings point to the fact that, because polonium-210 consists of large molecules, it is extremely difficult to detect through the normal detection methods. We will have to look at that to ensure that we are better at detecting this type of material when it crosses borders or is used within the UK—or anywhere else, for that matter—in the future.
In his comments, my noble friend emphasised that he wanted to ensure that the two perpetrators were brought to justice in this country. I heard the Russian ambassador earlier today trying to rubbish the report on the basis that it was written without having been tested in a court. Will my noble friend take this opportunity to send a further message to the Russian ambassador that we are quite willing for these two individuals to be tried in a British court of justice and, if necessary, will he give consideration to the process that was undertaken for Lockerbie to protect those individuals until that process is complete?
I am very happy to do that. Of course, that is what we are aiming for. That is the direction and thrust of our policy. We want those two individuals to come to the UK so that they can be put on trial and all the evidence can be put to them, they can seek to defend themselves and a judgment can be made.