Passports

Lord Kennedy of Southwark Excerpts

Wednesday 10th April 2019 Lords Chamber

[Baroness Williams of Trafford]

I thank the noble Baroness for returning the debate to some common sense. She is absolutely right and of course our standards are set in consultation with the International Civil Aviation Organisation.

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

My Lords, the noble Lord, Lord Marlesford, has raised an important point. Why does the Home Office not collect this information? Also, can the noble Baroness help me? I read somewhere that the European Union is going to change all of its passports to blue. Is that true?

[Baroness Williams of Trafford]

Would it not be a wonderful day if the Europeans followed our lead and changed EU passports to blue? I look forward to that. I think that the noble Lord is just having a bit of fun with me, but it is very difficult to gather the data establishing how many people are holders of passports from other countries. However, I shall look again into why that is so.

Offensive Weapons Bill

Lord Kennedy of Southwark Excerpts

Ping Pong (Hansard): House of Lords
Wednesday 10th April 2019 Lords Chamber

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

My Lords, I am delighted to be able to support the Motions before the House today in the name of the Minister.

This is an issue that I raised at Second Reading and which I persisted with throughout the passage of the Bill through your Lordships’ House. As I have said many times before, I support the general aims of the Bill, but the proposals to prevent British businesses in all circumstances from selling and sending their knives and other bladed products to UK home addresses was just damaging to business while contributing nothing to dealing with the terrible incidences of knife crime.

I am grateful that the noble Baroness, Lady Williams of Trafford, engaged so positively with me, the Members for Sheffield Central and Sheffield South East in the other place and representatives of the knife manufacturing industry, including James Goodwin and Alastair Fisher.

To get this concession, we had to win a vote here in the House of Lords, and I am grateful to noble Lords from my own Benches, the Liberal Democrat Benches, the Cross Benches and the Conservative Benches who supported my amendment. I am also grateful to those Conservative Peers who told me they were with me and then very kindly abstained on the vote. It all helped to show the other place that we had a lot of support for this sensible proposal, and it means we are able to support British businesses and the jobs they provide.

I am particularly grateful to my noble friends Lord Rosser and Lord Tunnicliffe, the noble Lords, Lord Paddick, Lord Scriven and Lord Lucas, and the noble Earl, Lord Erroll, as I am to the noble Baronesses, Lady Williams of Trafford and Lady Barran. That brings me to the end of my contributions on this Bill.

Retailers: Business Rates

Lord Kennedy of Southwark Excerpts

Monday 8th April 2019 Lords Chamber

[Lord Bates]

Let me refer to a quote from the British Retail Consortium. It looked at this situation, and said:

“We fail to see how adding additional new taxes to the industry is really going to resolve the challenges we currently face”.

John Lewis said,

“this would actually have a detrimental effect … high streets need successful retailers with both a physical and online presence”.

I am not saying that this is easy and straightforward. It is complex, but the Government are seeking to come up with flexible solutions that address the concerns.

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

My Lords, in addition to the measures outlined by the noble Lord, what is the overall government strategy to deal with these matters?

[Lord Bates]

The overall strategy, if the question is about business rates, is pretty straightforward: we collect about £25 billion in business rates, about 25% of which comes from the retail market and the remaining 75% from offices and industrial premises. At the moment, we are seeing the business rate book, if you like, increasing in value. Through the retention scheme, local authorities will get an extra £2.5 billion as a result of the growth of businesses in this country. At the same time, we are looking at how we deal with online businesses to ensure that there is fair taxation. That was the purpose behind the digital services tax.

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.

Windrush Compensation Scheme

Lord Kennedy of Southwark Excerpts

Wednesday 3rd April 2019 Lords Chamber

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

My Lords, I thank the noble Baroness for repeating the Statement made in the other place by her right honourable friend the Home Secretary earlier today. I too place on record my thanks to Martin Forde QC and his colleagues for the work they have done; we are grateful for the work they have undertaken.

I concur with the comments in the Statement to the effect that we have a proud history of welcoming new arrivals here. My own parents were immigrants to this country from the Republic of Ireland in the 1950s, and my mum went on to work in the NHS as a nurse. I agree that what happened to the Windrush generation was a shocking, unacceptable outrage. People who had every right to be here, who were working hard and paying their taxes, were treated in a shabby, disgraceful way.

The noble Baroness refers to the scheme, but it will be helpful to the House if she could outline briefly what the scheme will look like and how it will work. I welcome the proposal to accept claims from the estates of individuals who have, sadly, passed away. However, could the noble Baroness set out what she means by “close family members” in respect of claims submitted for compensation? Is that children, grandchildren or cousins? It would be good to be clear on that point as soon as possible.

When the noble Baroness talks of media coverage, what does she mean? I have seen the coverage in the mainstream media, but will the Government make use of social media? A social media campaign, properly targeted, could prove to be very effective in this regard; even if it could not make contact with individuals, certainly it could make contact with their children and grandchildren.

Finally, can the noble Baroness say a little more about the programme of events she referred to in the Statement and how long it is envisaged that will run for? I look forward to the noble Baroness’s response to my questions.

[Lord Paddick (LD)]

My Lords, I, too, thank the Minister for repeating the Statement. This is a shameful episode in our country’s history, where those who came here to help the UK were wrongly denied the right to remain. I pay tribute to my noble friend Lady Benjamin for her tireless and successful campaign for a Windrush Day. It is sad that this scandal casts a shadow over what is meant to be a celebration of everything the Windrush generation and their descendants have contributed to the UK. It is difficult to see how the wrongs of unlawful deportation, where some of those affected have died in poverty overseas, can be made right. Rather than accepting claims from the estate of those who have passed away and from close family members, will the Government approach those affected and proactively offer compensation?

While the Government await the results of Wendy Williams’ review, there are some things that they could and should do now. They need to address the ongoing “hostile environment” created by such measures as the right to rent scheme. As Liberal Democrats, we argued when the scheme was being discussed in this House that, as a recent High Court case has found, forcing landlords to carry out immigration checks on potential tenants is likely to be discriminatory, not just against immigrants but against black and minority ethnic Britons. Why are the Government appealing against that finding when they say that they are dismantling the hostile environment?

Can the Minister also explain why Windrush generation individuals who received settled status without being given the ability to prove it are now being asked to prove that they are of “good character” and why, if they fail to do so, they could be refused right of abode, settlement or citizenship? On page 14 of 19, the Windrush scheme application form states:

“Please give any other information which will help us decide whether you are of good character. Please use an additional sheet if necessary”.


I thought those who had a right of abode in the UK would automatically be given the right to remain. Perhaps the Minister can explain what is going on.

The Government accept that the roots of the Windrush scandal lie in a policy that saw people receive settled status without giving them the ability to prove it. Will they therefore accept the Liberal Democrat amendments to the Immigration and Social Security Co-ordination (EU Withdrawal) Bill currently before the other place, so that EEA and Swiss nationals and their family members who are granted settled or pre-settled status under the EU settlement scheme are provided with physical documented proof of that status, so that they can prove it?

A compensation scheme is one thing. Government action to prove they have learned lessons is quite another.

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.