Freedom of Expression

Lord Kennedy of Southwark Excerpts

Wednesday 3rd April 2019 Lords Chamber

[Baroness Williams of Trafford]

I do not know where the specific incident that the noble Lord talked about took place. Was it in the UK? No? You only have to go outside the doors of this Palace of Westminster to hear that any view, as long as it does not incite hatred towards someone, is absolutely taken on board—I enjoy walking past people who either agree with my view or do not, and who regularly admire my handbag—and to know that freedom of speech is well upheld by this country and by this Parliament.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, wearing a pro-Brexit or anti-Brexit badge should not be a reason to be stopped, delayed or detained at a border entry point. These are difficult times and passions are running high, but can the Minister ensure that officials are briefed on ways to avoid these matters becoming incidents?

[Baroness Williams of Trafford]

I assure the noble Lord that in the case of the individual concerned in the Question, we are undertaking some fact-finding meetings with the member of staff and the higher officer on duty at that time. I think that the noble Baroness and the noble Lord will be comforted by that. The noble Lord, Lord Kennedy, perhaps strayed into other events that have taken place around the Palace of Westminster. We all have the right to give our views on Brexit—and, my goodness, we have done that—but when that strays into some of the more aggressive behaviour that we have seen, it is absolutely unacceptable.

Police: Recruitment Criteria

Lord Kennedy of Southwark Excerpts

Tuesday 2nd April 2019 Lords Chamber

[Baroness Williams of Trafford]

Both are important. Those with the skills required to go into the direct entry scheme are subject to very rigorous training and a rigorous selection process. The noble Lord is absolutely right that training thereafter, and experience in policing, are essential.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, what action are the Government taking to ensure that requirements for degrees in many of the paths to become a police officer do not prevent good candidates with the required skills being appointed?

[Baroness Williams of Trafford]

It is absolutely right that good-quality candidates should be allowed to come forward. That is why there are a variety of options available to candidates. As I said to the noble Lord earlier, it is important that candidates do not necessarily need a degree to be able to go into the police force, but that they are educated and trained to degree level going forward, to make the best police officers.

Independent Child Sexual Abuse Inquiry

Lord Kennedy of Southwark Excerpts

Monday 25th March 2019 Lords Chamber

[Baroness Williams of Trafford]

The noble Lord comes back to his Private Member’s Bill, in the sense that he is talking about the media. His Bill deals with media reporting before charge and after arrest. Again, I say to him that DCMS is minded to wait until HMICFRS has reviewed police guidance on media relations before considering whether further action should be taken.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords does the noble Baroness agree that we should always remember the victims, those who are raped and abused; recognise that these crimes are underreported; and make every effort to ensure that victims come forward and the perpetrators are brought to justice?

[Baroness Williams of Trafford]

I am very glad the noble Lord has asked that question. Quite often in these situations the victims can be overlooked, and thousands of accounts of sexual abuse have now been shared with the Truth Project, which noble Lords and others will have seen on the television. We must not overlook the victims. We must ensure that all the processes are in place in order that perpetrators will be brought to justice. Victims are, therefore, at the heart of what we do.

Refugees

Lord Kennedy of Southwark Excerpts

Wednesday 20th March 2019 Lords Chamber

[Baroness Williams of Trafford]

The noble Baroness highlights the complex arguments around permitting asylum seekers to work, which the Government are certainly listening to very carefully. But it is also important to distinguish between those who need protection and those who are actually seeking to work here, who can apply for a work visa under the Immigration Rules.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, does the noble Baroness accept that the present arrangements, as highlighted in this report, can plunge the asylum seeker accepted as a refugee into destitution?

[Baroness Williams of Trafford]

I certainly accept that the Government are doing everything they can to ensure that measures and interventions are put in place during the 28-day period to ensure that the person who has been granted asylum gets the help they need in a timely fashion and that they do not have a gap in which benefits are not paid. But I certainly think there are all sorts of situations, including this, where people can be brought into destitution inadvertently.

Child Sexual Exploitation Victims

Lord Kennedy of Southwark Excerpts

Tuesday 19th March 2019 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank the Minister for repeating the Answer to the Urgent Question given in the other place earlier today. The victims of sexual abuse and exploitation have the pain of the trauma they have suffered with them every day of their lives. It cannot be right that the victims are forced to live with the consequence of the exploitation that they have suffered: that is a further injustice. Will the Minister set out the Government’s position in respect of Sammy’s law? That would appear to be our way forward.

[Baroness Williams of Trafford]

I can talk about Sammy Woodhouse. The noble Lord will know that she was discussed in the other place. Victoria Atkins met Sammy Woodhouse on 14 March 2018 to talk through her ideas and understand how government can best help her and other victims of exploitation. The Minister said that the Government would work with the police, the CPS and others to protect future victims of exploitation and ensure that we do not unnecessarily criminalise those who have been exploited. In respect of Sammy’s law, the Government are considering the recent court judgment on previous convictions of victims but I cannot comment further due to ongoing legal proceedings.

Offensive Weapons Bill

Lord Kennedy of Southwark Excerpts

3rd reading (Hansard): House of Lords
Tuesday 19th March 2019 Lords Chamber

Moved by

[Lord Kennedy of Southwark]

8: Clause 38, page 32, line 32, at end insert—
“(aa) the delivery is not made by a trusted courier of bladed products, and”Member’s explanatory statement
This amendment, and the amendment at page 32, line 37, would allow for the Government to create a “trusted courier” scheme, and to exempt sales using “trusted couriers” from restrictions in this section. This follows the Minister’s undertaking on 4 March (HL Deb, column 448).

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, Amendment 8 in my name would enable bladed products to still be delivered to home addresses by establishing a scheme whereby the product is delivered by a trusted courier. This is an issue that I have raised in all the Bill’s stages in this noble House. Initially, I thought a trusted trader scheme would be the best option but I concluded that this trusted courier scheme is a better way forward.

The Bill would prohibit the delivery of bladed objects to residential properties, and the concern of small and medium-sized knife manufacturers and retailers is about the detrimental impact this ban will have on their businesses. As more and more sales move online, consumers expect to be able to receive deliveries directly to their home.

I have said at each stage that I support the aims of the Bill but I am concerned that it is a legislative sledgehammer that will affect small and medium-sized businesses based in the UK while having no impact on knife crime whatever. There is no shred of evidence that these high-quality knives being sold online are being bought for criminal intent. If there were, it would have been presented.

I think we all accept that if you bought a knife online with the intent to stab someone, you would create a very easy evidence trail for the police to follow. We all want to achieve the Bill’s objective and reduce knife crime, but at the same time not destroy or damage UK-based businesses. All I seek is to achieve protection for British business in the form of an approved deliverer.

Representatives of the industry met me, the noble Baroness, Lady Williams of Trafford, and the noble Baroness, Lady Barran, a few weeks ago, when the industry put what I thought was a very convincing case to the Minister, along with the honourable Members for Sheffield Central and Sheffield South East. I want to find a solution that does not harm business, and I think this is the way forward. I beg to move.

[Lord Paddick (LD)]

My Lords, I support the amendment of the noble Lord, Lord Kennedy of Southwark, in principle, although I have concerns about it. Noble Lords will recall that the Bill as drafted would mean that someone could order a knife from an overseas website and have it delivered to their home address, but could not order the same knife from a UK supplier and have it delivered to their home address. The noble Lord is attempting to remedy that situation. The difficulty I have with it—perhaps he can assist the House in this degree—is that the Bill also covers delivery to a locker. Would his amendment enable a trusted courier to deliver a bladed product to a locker as well as to residential premises, which in my view would be undesirable?

The second issue is that the amendment does not apply to Clause 41, which relates to the delivery of a bladed product to someone under 18 from an overseas website. The legislation sets down rules whereby, if the courier knows that the consignment contains a bladed product, they have to verify the age of the person to whom the bladed product is being delivered. I wonder whether it would be sensible, were the Government to accept that a trusted courier system is necessary, to extend that to Clause 41. Having said that, were the noble Lord, Lord Kennedy, to divide the House, we would support his amendment.

--- Later in debate ---

I hope that I have been able to persuade noble Lords. Given the phrase that the noble Earl used—that we would be “massacred” for this—I do not think the noble Lord is going to withdraw his amendment.

[Lord Kennedy of Southwark]

My Lords, I thank all noble Lords who spoke in the debate. I want to address a couple of the points that were raised. On delivery to lockers, I agree entirely with the noble Lord, Lord Paddick, that that would not be a good thing. I hope that Amendment 9, which calls for regulations, would deal with that point. The noble Lord made another good point about deliveries from abroad. We will potentially stop UK companies delivering products to home addresses, but a company based in Germany, France or anywhere else in the world can carry on doing it. That is just not fair and, again, is a disadvantage to business. For me, that highlights why this amendment should be agreed today.

If the amendment is passed by this House, it will be sent to the Commons and we will ask the Commons to look at the matter. I am sure that, as part of the ping-pong process, they will decide that my wording is not quite as good as it could be. But if the Government decide to accept this or something like it, I am sure the draftsperson will come back with a suggested amendment.

Again, I thank the noble Lords, Lord Paddick and Lord Lucas, and the noble Earl, Lord Erroll, for their support today. I thank the Minister for her contribution as well. But I am not prepared to withdraw the amendment and would like to test the opinion of the House.

--- Later in debate ---

Moved by

[Lord Kennedy of Southwark]

9: Clause 38, page 32, line 37, at end insert—
“( ) The Secretary of State may by regulations determine the conditions of being designated a trusted courier of bladed products in England and Wales for the purposes of section 38(1)(aa).( ) Scottish Ministers may by regulations determine the conditions of being designated a trusted courier of bladed products in Scotland for the purposes of section 38(1)(aa).( ) The Department of Justice in Northern Ireland may by regulations determine the conditions of being designated a trusted courier of bladed products in Northern Ireland for the purposes of section 38(1)(aa).”Member’s explanatory statement
This amendment, and the amendment at page 32, line 32, would allow for the Government to create a "trusted courier" scheme, and to exempt sales using "trusted couriers" from restrictions in this section. This follows the Minister's undertaking on 4 March (HL Deb, column 448).

--- Later in debate ---

[Lord Kennedy of Southwark]

My Lords, I am very content with the amendments in respect of compensation and devolved matters. My remarks will be on the issue of the kirpan. First, however, I thank the noble Baroness, Lady Williams of Trafford, very much. We had a very useful round-table meeting. The noble Baroness and the Government have listened, and we are grateful to them for that. The noble Lord, Lord Singh, explained that this is a very important issue for the Sikh community, and it is good that the Government listened. The noble Lord, Lord Paddick, made a wider point about people not understanding what the kirpan is and the difficulties experienced by Sikhs in going about their daily business. I am not going to get into the issue about the fact that they have the kirpan on their person, but I hope that this will go some way to help people understand more about different faiths, including the Sikh faith, and why people carry the kirpan. I am very happy with the amendment and very pleased that the Government listened, for which I thank them very much.

Amendment 10 agreed.

--- Later in debate ---

[Baroness Williams of Trafford]

My Lords, on moving this Motion, I take the opportunity to say a few words of thanks to those who have contributed to the Bill’s passage through your Lordships’ House. I thank my noble friends Lady Barran and Lord Howe for undertaking some of the heavy lifting in Committee and on Report. Among all the Bills that I have dealt with this has not been the easiest, so I thank them very much. I also thank my noble friend Lady Manzoor for acting as the Government Whip on the Bill, and, on the opposition Benches, the noble Lords, Lord Kennedy, Lord Rosser, Lord Tunnicliffe and Lord Paddick, and the noble Baroness, Lady Hamwee—and my noble friend Lord Attlee for his well-drafted amendment on the storage of certain firearms.

I cannot, of course, omit the noble Lord, Lord Singh, for his constructive assistance in the drafting of the amendment on the kirpan. In fact, I thank all the Sikh organisations with which we have engaged during the Bill’s passage. I thank all noble Lords across the House who have contributed in various ways to the Bill. None of us could do it without officials from the Home Office, who have supported me and my noble friends Lady Barran and Lord Howe throughout the its passage.

The Bill has taken some funny twists and turns but has not lost sight of our ultimate aim, which is to end the scourge of this terrible crime on our streets and in our communities. I am pleased to have been able to reach a position of broad consensus on all but two of the Bill’s provisions, namely the introduction of KCPOs and the delivery of bladed articles. We are, however, continuing to reflect on these issues in advance of the Bill going to and returning from the House of Commons. I beg to move.

[Lord Kennedy of Southwark]

I thank the noble Baroness for the way she has conducted the Bill through the House. I also thank the noble Baroness, Lady Barran, and the noble Earl, Lord Howe. I appreciate the constructive way they have engaged with the House, as they always do. I also place on record my thanks to my noble friends Lord Rosser and Lord Tunnicliffe for the help that they have given me, as well as to the noble Lord, Lord Paddick, and the noble Baroness, Lady Hamwee. I was grateful, too, for the contributions of many other noble Lords from around the House, particularly those of the noble Lords, Lord Lucas and Lord Singh, and the noble Earl, Lord Erroll.

We are certainly sending the Bill back in a better state than that in which it arrived. I am not sure that it will quite achieve all the things that it wants to do, but I certainly support its aims. We have done a good job. I also thank the Bill team at the Home Office, who have always been very courteous and happy to engage with me and other colleagues. I also put on record my thanks to Ben Wood, who works in the Opposition office here in the House of Lords and has kept me armed with briefing notes, amendments and everything else.

[Lord Paddick]

My Lords, I add my thanks to those expressed to the noble Baronesses, Lady Williams of Trafford and Lady Barran, and the noble Earl, Lord Howe, for the way they have conducted the Bill. As the noble Baroness mentioned, there has not really been a consensus on knife crime prevention orders and delivery of bladed articles. I think that my colleagues in the All-Party Parliamentary Group on Knife Crime will discuss knife crime prevention orders with their colleagues before the Commons has an opportunity to consider the amendments put forward by the Government that place knife crime prevention orders in the Bill. I hope that the Government will reflect on the delivery of bladed articles in the light of the amendment passed today. I am grateful to officials and the noble Lord, Lord Kennedy of Southwark, for the co-operation that we have had during the passage of the Bill.

Immigration (European Economic Area Nationals) (EU Exit) Order 2019

Lord Kennedy of Southwark Excerpts

Monday 18th March 2019 Lords Chamber

[Baroness Williams of Trafford]

I have just taken advice and apparently I cannot do that. Please ignore everything I have just said.

On a day when you have three statutory instruments, an Urgent Question, a Question and a speech to deliver to the LGBT conference, this is what happens. I apologise to noble Lords that I have got the right speeches but in the wrong order. I will sit down for a minute to make sure that I have got the right instrument.

[Lord Kennedy of Southwark (Lab Co-op)]

Might I suggest a short adjournment?

--- Later in debate ---

Moved by

[Lord Kennedy of Southwark]

At the end insert “but that this House regrets that the draft Order provides for changes to the status of European Economic Area nationals entering or resident in the United Kingdom that should be made with the full scrutiny of both Houses in the Immigration and Social Security Co-ordination (EU Withdrawal) Bill; and that Her Majesty’s Government have failed to provide details on the practicalities of the varying types of leave to remain, including how they will be enforced, the length of an application process for extended leave to remain, and the impact on individuals who may be asked to prove their status”.

[Lord Kennedy of Southwark]

My Lords, the Minister is so liked and respected in the House that we were all sitting here listening with complete attentiveness to every word she said, and it was only when the word “Dublin” was mentioned that we realised we were dealing with the wrong instrument. We all like the Minister very much and know that she is very busy outside the House as well.

An immigration Bill is going through Parliament, and there is a theme here: yet again, we feel that the Government are hiding from scrutiny and have come up with a patchwork of complicated law through secondary legislation, which we do not think is the right thing to do. They will argue that these provisions need to go through very quickly but, as we have heard, the immigration Bill provides for the end of freedom of movement, so the provision in the order for automatic leave to enter for EEA nationals after freedom of movement has ended can come into force only once the Bill has been passed into law. The timescales are identical, so these provisions should have been up for debate and amendment in that legislation.

The Secondary Legislation Scrutiny Committee has raised questions about how the three-month period will be enforced because, as the Minister said, those entering the country will not be stamped on entry. I have heard the term “light-touch enforcement” used. Could we have an explanation of what that means in practice?

The House of Commons was told that to remain longer than the initial three months, an EEA national would have to apply for temporary leave to remain for up to 36 months. After that, they would have to apply through the new immigration system that should be in place by then. Can we know how long an application will take for temporary leave to remain? If a person goes over the initial three months while waiting for leave to remain, what happens then?

EEA nationals will be over here under three different systems: settled status, the three-month visa and temporary leave to remain for longer than three months. In light of the Windrush scandal, are the Government doing everything they can to ensure that individuals with the right to be here are not routinely and wrongfully challenged or adversely affected, and that they will have no problem proving their right to be here if necessary? This is a most regrettable statutory instrument, which is why I have tabled my amendment. I beg to move.

[Lord Paddick]

My Lords, the first extraordinary thing to say about this statutory instrument is that the Secretary of State did not consider it necessary to consult anyone about it. The second is to make clear its effect and to contrast it with the Government’s often-repeated mantra, not just for leaving the EU but for the dead horse that is Theresa May’s withdrawal agreement, both of which the Government and those in favour of leaving the EU describe as “taking back control of our borders”. The only sense in which this instrument can be interpreted as taking back control of our borders is that the Government have decided by themselves to give up control of our borders without any influence from the EU.

The other contradiction between what the Government claim to be doing and are actually doing is that they say that they are going to create a level playing field for EU and non-EU citizens regarding entry to the UK. This instrument gives preferential treatment to EU citizens after we leave the EU. It grants automatic entry to the UK for EU and EEA citizens even after we leave the EU, with leave to remain for a period of three months. EU and EEA citizens do not even have to have a passport; they can travel on a national identity card. If they do have a passport, they can use the automatic e-gates at airports. In other words, they are as free to enter the UK as they were under freedom of movement. Can the Minister confirm this?

--- Later in debate ---

[Lord Paddick]

I am a little confused. At points, the Minister appeared to say that this was a temporary arrangement in the event of no deal; at other times, she talked about a temporary arrangement pending the introduction of a skills-based scheme. At some points, she talked about that scheme being in place by January 2021; in other places, she talked about it being our intention to have a skills-based scheme in place by January 2021. Is it definite or an intention?

On the light-touch regulatory regime, does that mean that there is a mechanism to enforce the three-month limit on stays in the UK or that there is no such mechanism? Light touch and non-existent are two different things.

[Lord Kennedy of Southwark]

I thank all noble Lords who have spoken in support of my amendment. The inconsistency, the lack of scrutiny and the whole basis on which the Government are making the regulations are the issues in question for me. The noble Lord, Lord Deben, said much more eloquently than me everything that I wanted to say and I agreed with every word. The only thing I would add is that I am equally confused by the position of my own party on these matters, but that is probably for another place. I am happy to withdraw my amendment.

Amendment to the Motion withdrawn.

Immigration, Nationality and Asylum (EU Exit) Regulations 2019

Lord Kennedy of Southwark Excerpts

Monday 18th March 2019 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, this SI makes changes to 21 separate pieces of primary legislation. Again—and this has been a running theme through many of the SIs today—that is just wrong. Can the Minister explain why there is no suitable Bill which this could have formed part of? Can she also explain why the immigration Bill passing through the other place is not a suitable vehicle?

Putting these changes in a Bill would have allowed Members of this House and the other place to scrutinise exactly what they mean for each of these different Acts, and to table amendments if necessary. If we are to be told that these are just technical, that is fine—we get technical matters in legislation all the time and, as noble Lords will know, they are nodded through without any fuss. But it is this House which should take the decision, not the Government, on whether they should be nodded through or not.

I am aware of the concern about how the rules affect individuals. It is sometimes almost impossible for lawyers, judges and Home Office officials to understand the rules and regulations, let alone the average person applying for a visa with or without the help of legal aid. Good parliamentary scrutiny helps to improve legislation, but by bringing these instruments forward in this manner the Government are not allowing themselves the benefits of that, as there are many experts in this House who can help the Government improve what they want to do.

It could also be said that the instrument seems to be overreaching itself. The immigration Bill has not yet completed its parliamentary passage—it has certainly not got to this House. This statutory instrument makes changes for a post-Brexit immigration landscape that is not yet assured.

Terrorist Attack: New Zealand

Lord Kennedy of Southwark Excerpts

Monday 18th March 2019 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, first, I condemn the terrorist attack in Christchurch, the attack in Utrecht and the attack yesterday in Surrey. All the victims of these incidents are in my thoughts and prayers. Terrorists can never be allowed to win; we utterly reject their message of hate, violence and killing. I also express my anger and disappointment at the actions of the social media companies following the terrorist attack in Christchurch—time and time again, they fail us. They are publishers and are responsible for the content on their platforms. Can the Minister confirm that the White Paper she referred to in her Statement will be the start of putting on the statute book the toughest laws possible in the UK to ensure that these companies understand their responsibilities and that there will be serious consequences where they fail to take them seriously?

[Baroness Williams of Trafford]

I absolutely confirm to the noble Lord that the White Paper and its consequent legislation will tackle this. I have had numerous contacts with CSPs; on each occasion, I have made this point most strongly. They have heard submissions from the honourable Member Luciana Berger about some of the disgusting content about her that has been put online. I have only to look at Twitter to see some of the absolutely appalling comments that people make, particularly about Members of either your Lordships’ House or of the other place. To put such a video online is the final straw, so I totally agree with my right honourable friend the Home Secretary, and the sooner this legislation comes, the better.

Children: Covert Human Intelligence Sources

Lord Kennedy of Southwark Excerpts

Monday 18th March 2019 Lords Chamber

[Baroness Williams of Trafford]

The noble Lord and I have gone over this on a number of occasions; the situation reflects the emergence into adulthood of 16 and 17 year-olds. That said, where anybody undertakes covert human intelligence, there is always an independent assessment of various aspects of their personality, their willingness and their ability to undertake such a difficult task.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I recall from our previous discussion on this issue that the young people involved are likely to be the children of people the authorities are interested in. That puts these children in a very dangerous situation. What measures are in place to ensure that children are protected and do not feel pressurised into undertaking this dangerous activity?

[Baroness Williams of Trafford]

The noble Lord brings forward an important point: someone recruited as a covert human intelligence source might be the child of someone who is already involved in criminal activity. Anybody under the age of 16 cannot be involved in anything to do with their parents.