Hate Crime

Lord Kennedy of Southwark Excerpts

Tuesday 18th October 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, it most certainly was not because we are all free to express our opinions. It is absolutely right that this country is a country in which we can express our opinions. The line lies where that expression incites people to commit hate crimes.

[Lord Kennedy of Southwark (Lab)]

My Lords, racist and religious instances of abuse jumped 41% in the month after the UK voted to leave the EU. Does the Minister attribute that rise to some of the more unpleasant aspects of the EU debate? What further actions are the Government taking and what are the review mechanisms in place in government to ensure that we have the most effective, tough and up-to-date laws to tackle anti-Semitism, Islamophobia and all other forms of racist and religious abuse?

[Baroness Williams of Trafford]

The noble Lord is absolutely right: in the post-EU referendum period we did see a spike in hate crimes, particularly those that were racially motivated. I held a number of round tables with people of different religions in Manchester and met the Polish ambassador following the graffiti and hatred directed towards the Polish community in Hammersmith. It was very clear that it was a spike in crime motivated by people who used the EU referendum as an opportunity to vent their hate. I am very pleased that those figures have now calmed right down to almost normal levels. However, it teaches us a lesson that, in light of events that might cause such feelings, we need to quell them quickly.

Misuse of Drugs Act 1971 (Amendment) Order 2016

Lord Kennedy of Southwark Excerpts

Tuesday 18th October 2016 Grand Committee

[Lord Jones (Lab)]

My Lords, I thank the Minister for her cogent and precise explanation of this draft statutory instrument. I am not able to discern from looking at the papers before us whether the Misuse of Drugs Act 1971 (Amendment) Order 2016 as a statutory instrument has any reference to Wales. Perhaps the Minister’s officials may be able to advise her. My guess is that it does not, but perhaps the information can come forward for the convenience of the Committee via officials. If it is not applicable, are we able to understand today how it may indirectly be applied to the Principality? Some information would be helpful. Even though more and more Members of your Lordships’ House have a link to and a residence in Wales, it is harder and harder to obtain information about the Principality given the establishment of the Welsh Assembly.

Lastly, and with no great seriousness, looking at the Explanatory Note and at the last list of substances that have legitimate medical uses, can I invite the Minister—who has great ability—for the convenience of the Committee to pronounce the last three substances?

[Lord Kennedy of Southwark (Lab)]

My Lords, I thank the noble Baroness for her explanation of the order before us today and say at the outset that we fully support them and what the Government are trying to do. I see in my briefing note that synthetic cannabinoids are also known as Spice, which I will use as it is easier. There were 29 deaths from these drugs in 2011 and that figure rose to 67 in 2014. Spice can cause aggression and delusions and worsen mental conditions and clearly is a very dangerous substance. We must do what we can to get it off the streets.

Figures from the Centre for Social Justice show that officers from 32 police forces attended 3,807 incidents in 2014, up from 1,400 the previous year. The Prison Ombudsman reported that between June 2013 and January 2016 there were 58 fatalities where the prisoner was thought to be, or suspected of being, involved with the substances before their death.

I do not know whether the Minister has any evidence or any information regarding admissions to A&E departments. I am sure there will be a number of these and ones where these drugs were taken with other substances. As I said, I fully support the order but I have a number of other points and questions for the Minister. If she cannot answer them now I would be very happy for her to write to me.

These drugs are still covered by the Psychoactive Substances Act so why are we moving across to the Misuse of Drugs Act? There is also a possession offence with this Act. How is that going to be policed? It would also be helpful if the Minister could say something about how schools, colleges and universities deal with young people’s exposure to these drugs and more generally about the quality of drug and alcohol education provision. I understand that the drugs strategy is going to be published in the next few weeks. Can she say a bit more about that, particularly about education and prevention? Does she see an intelligence gap in our ability to police the levels of Spice in the UK, being imported into Britain and being stockpiled? I am conscious that she may not be able to answer these questions here, and I am content with the order.

[Baroness Williams of Trafford]

My Lords, I thank all noble Lords who have contributed to the debate, and I shall go through the various questions they have asked. The noble Lord, Lord Jones, mentioned the fact that no reference is made to Wales, but these orders apply to England and Wales. He asked about the last three substances mentioned in the order—telmisartan, viminol and zafirlukast. The noble Lord wants to intervene.

Calais: Refugee Camp

Lord Kennedy of Southwark Excerpts

Thursday 15th September 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

First, I congratulate my noble friend Lord Dubs on putting down this most timely Question for Short Debate today. Unlike some noble Lords, I have not visited the refugee camp in Calais. I have relied on the media reports and talking to people such as my noble friend Lord Dubs and my friend in the other place Keir Starmer MP, who have visited. It is a desperate, nightmare situation, with people, many of them unaccompanied children, living in squalor and at risk of being the victims of violence and abuse. The damage to their mental health and long-term well-being that this trauma must be causing is unimaginable

The horror of the predicament the children find themselves in is truly shocking, and we should all be ashamed about that. We have a moral duty to help these children. The United Kingdom has a reputation as a safe, tolerant and generous country. Our history shows that when called upon we step up, do our fair share and do not shirk our responsibilities. I am sure that the noble Baroness, Lady Williams of Trafford, will have a raft of statistics to illustrate what the Government are doing. I have no doubt that we have very able and dedicated staff doing everything they can within the constraints they are working to. I thank them and pay tribute to them for the work they are doing. I also join my noble friend Lord Dubs in paying tribute to the NGOs and all the staff they have there working very hard in Calais.

But it is the Government’s responsibility to up their game. Can the noble Baroness, Lady Williams of Trafford, tell me whether there is a proper system in place, organised by the French authorities, to register people, particularly the children, to find out who they are and see who is eligible to be brought into the UK? If it is determined that they are eligible and can come to the UK, it is important to get them in urgently, as the noble and learned Baroness, Lady Butler-Sloss, just said.

How are the Government going to up their game? What assistance are they giving to the French authorities and other agencies? Why has so little happened since my noble friend’s amendment was accepted by the Government? Yesterday during Questions, reference was made to the 400 children on the list, and the noble Lord, Lord Roberts of Llandudno, referred to them today in his contribution. These are the ones who campaigners believe are eligible to be settled here, either under the Dublin III regulations or under my noble friend Lord Dubs’s amendment. The list was handed recently to the Home Office, so what has happened to it? What action has been taken to identify the children on the list? What action has been taken to verify whether they are eligible to get to the UK, and when are we going to bring them here? How many have been accepted?

It is really important that this is not viewed as immigration. It is about children fleeing persecution and violence, and our responsibility as a nation to face up to its responsibilities and to do its bit urgently. As my noble friend Lady Royall of Blaisdon said, the French Government have announced that the refugee camp at Calais is to be demolished, although I do not think a timeline for that has been agreed. What discussions have the Government had with the French authorities about that decision, and what is their assessment of the safety of the children if the camp is closed and the people there dispersed over a wide area? People at the camp will need shelter, food, and clothing. Winter is coming and the children should be safe, warm, dry and fed, not homeless, cold, alone, hungry and scared.

I very much endorse the ideas that the noble Baroness, Lady Jenkin, mentioned in her contribution. I also pay tribute to Councillor Paul Carter, the leader of Kent County Council, and all the members and staff of that council and the other local authorities across the country who have helped, although Kent has undoubtedly taken the lion’s share of the burden, when refugees reach the UK. What further assistance are the Government giving to local authorities? I refer the House to my declaration of interests.

In conclusion, I thank my noble friend for his diligence in raising this issue. We are all grateful to him, and I hope the Minister can give us some comfort when she responds to the debate.

Policing and Crime Bill

Lord Kennedy of Southwark Excerpts

Wednesday 14th September 2016 Lords Chamber

[Baroness Williams of Trafford]

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.

[Lord Kennedy of Southwark (Lab)]

I have just one point. Could it be more effective and less efficient or vice versa?

[Baroness Williams of Trafford]

It could be.

Anti-social Behaviour, Crime and Policing Act 2014

Lord Kennedy of Southwark Excerpts

Thursday 8th September 2016 Grand Committee

[Lord Kennedy of Southwark (Lab)]

My Lords, I declare that I am a councillor in the London Borough of Lewisham. We have had two excellent contributions. I am pleased that at least they did not mention Lewisham Council in that list of ridiculous decisions that have been taken by many authorities. I will certainly go back and check that my council has not done some of the stupid things that it was suggested have been done. That was clearly never the intention and it is absolutely ridiculous. I congratulate the noble Lord, Lord Clement-Jones, on securing this Question for Short Debate today. It is good to be back debating with the noble Baroness, Lady Williams of Trafford. It is a bit strange that we will not mention housing, or the housing regulations in the Housing and Planning Act, but it is good to be here today.

As we have heard, the Anti-social Behaviour, Crime and Policing Act 2014 replaced a number of mechanisms for dealing with anti-social behaviour with six new powers, which are shared between police, local authorities and social housing providers. These offences were designed to deal with the sort of offences that can upset residents and cause problems and which can quickly destroy people’s quality of life. If left unchecked, these problems can lead to the risk of more serious offences being committed. The noble Lord, Lord Clement-Jones, asks what is being done to ensure that these powers are used in an accountable, proportionate and appropriate manner, with a particular emphasis on live music, busking and so on.

We all want to live in areas that are safe and free from fear, so ensuring that powers are invoked properly is all about striking the right balance—that is the important thing here. We need to work with local communities and look at some of the powers here. For example, the public spaces protection order was meant to deal with groups of youths out at night, drinking and causing trouble, playing loud music on radios and annoying people. It was not intended to deal with people enjoying themselves in the park and so on. I am quite worried now, because I quite like going to Blackheath, lying on the grass with my friends and having a beer. It was never the intention to stop such things and it is ridiculous that anyone would suggest that they should be stopped. We want to ensure that all these things are done proportionately, like live music, busking and the sort of things that people do with their friends and family in the park and elsewhere, should never be banned. We all live together, and we need to make sure that we live properly, so the list is ridiculous.

The noble Lord was also right to say that you should not be able to find a council officer who can sign a piece of paper to ban something; it should at least come before elected members of the authority, or the mayor and the cabinet should decide that, and it should possibly be able to be challenged in the local magistrates’ court as well. The fact that a council officer can ban these activities means that the whole council itself will get lambasted for doing ridiculous things. I will certainly go back and check that my council has not done anything stupid and banned something I do not know about, and if it has I will try to get it changed.

The noble Earl, Lord Clancarty, asked whether people could be banned for being annoying or a nuisance. I am sure we are all annoying and a nuisance to other people so we could all be banned on that basis. Again, this seems completely ridiculous.

I started a debate last night in the Chamber on homelessness in which we talked about rough sleepers. We all know that the homeless can have mental health issues and drink and other problems but these people need help, not to be banned and moved on elsewhere. That, again, is ridiculous.

I shall leave my remarks there. I hope the Minister can give a full response to the noble Lord. There are other bits of this order on different things. Maybe the Minister could write to us having looked at the more criminal things that people can do. What are the mechanisms for reviewing this and the six powers? There are unintended consequences with some of these things. We must have mechanisms to change them and stop them.

--- Later in debate ---

[Baroness Williams of Trafford]

The noble Earl made a good point; I hope that I covered it when addressing the speeches of other noble Lords. There has to be proportionality in this. “Nuisance and annoyance” could be someone walking their dog, but clearly that would not be proportionate. I think that that is what the refreshed guidance will cover, and I will be pleased to hear from the noble Earl if he thinks that we have not struck the balance right. Indeed, one person’s nuisance is something that another person does not even notice. I thank him for his comments.

[Lord Kennedy of Southwark]

I was quite shocked by the list set out by the noble Lord, Lord Clement-Jones, but I am pleased that he brought it to our attention. The examples are absolutely ridiculous. It is important to get the guidance right because clearly one problem with PSPOs has been that they can come down to, “I don’t like that, so it has to be banned”. When the new guidance comes out, it will have to be very clear and state, “These things are not a nuisance”, with examples of what PSPOs can and cannot be used for.

[Baroness Williams of Trafford]

I will not pre-empt the guidance, which has not yet been written, but the noble Lord, Lord Clement-Jones, brought up some ridiculous interpretations of the orders. We duly note what he said and the councils he mentioned and I am sure that those examples will be taken into account. It is always dangerous to get too prescriptive because that then allows wriggle room the other way. But we will firm up the guidance and refer back to noble Lords.

Telecommunications Restriction Orders (Custodial Institutions) (England and Wales) Regulations 2016

Lord Kennedy of Southwark Excerpts

Tuesday 12th July 2016 Grand Committee

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, the draft telecommunications restriction order regulations provide that the National Offender Management Service—NOMS—and other specified law enforcement bodies may apply to the civil court for an order requiring mobile network operators to prevent or restrict the use of communications devices, including mobile phones, by persons detained in custodial institutions.

The use of mobile phones by prisoners is on the increase. In 2013, NOMS recovered an astonishing 7,451 mobile phone handsets and SIM cards from its estate. In 2014, it seized a record 9,745 devices. That is an average of over 26 handsets and SIM cards seized per day, every day. If these numbers alone are food for thought, then the range of serious crimes committed by prisoners, all enabled by their use of mobile phones, is truly sobering. Prisoners have been convicted of an array of serious organised crimes, all underpinned and enabled by their access to and use of mobile phones. These include: arranging murder; importing automatic firearms into the UK from Europe; smuggling huge shipments of class A drugs from South America; orchestrating the supply of recommissioned firearms across London; controlling the supply and distribution of class A drugs across the UK; two separate and truly audacious prison escape plots—the list goes on. The use of mobile phones by prisoners does not just help them continue their offending in prison but threatens prison security as well. Unauthorised mobile phones are strongly associated with drug supply, violence and bullying inside custodial institutions.

NOMS uses a range of effective passive and active security measures to stop mobile phones getting into prisons and to prevent their use when they do, but the fact remains that it is seizing more mobile phones than ever. The problem is growing and, I say, will continue to grow unless we add to and strengthen the powers that prevent unauthorised mobile phone use. It is a criminal offence for prisoners to possess or use a mobile phone, but because of the relatively small size of handsets and SIM cards and the way prisoners can hide and move these around the prison estate, it is not always possible to take possession of these devices. There is a clear need for new, cost-effective measures to prevent the use of mobile phones which do not rely on first taking possession of the device—powers which allow mobile phones and SIM cards to be put beyond normal use remotely and effectively. These draft regulations achieve those aims.

NOMS or other law enforcement bodies will apply to the county court for a telecommunications restriction order. If the court is satisfied that those devices specified in the application are in use inside a prison, it will order the mobile network operators—MNOs—to take whatever action the order specifies to prevent or restrict the use of those devices by prisoners. I note in passing that each mobile phone has a unique identifier and, therefore, irrespective of the SIM that has been employed, once an order is obtained in respect of the mobile device, it will not be useable inside the prison estate. In practice, the order will involve the MNOs blacklisting the handsets—which prevents the handset from connecting to the mobile network—and disconnecting the SIM cards from their mobile networks. A disconnected SIM card will not work in any handset. These actions will be completed within a maximum of five working days. This quickly puts the mobile phone beyond normal use, without the need to take possession of the handset or SIM.

It may be useful if I summarise the main provisions in the draft regulations. These draft regulations confer on the civil courts powers to compel mobile network operators to disconnect mobile phones and SIM cards that are found by a judge to be in use inside custodial institutions without authorisation. There is no requirement to take possession of the mobile phone first. They provide the National Offender Management Service and other law enforcement bodies with a flexible, cost-effective measure which will add to and strengthen measures deployed to tackle unauthorised mobile phone use in prisons. They will provide that only a judge can order the blacklisting of handsets and the disconnection of SIM cards found to be operating inside prisons. They will protect law enforcement’s capability to disrupt and prevent offending in prisons using covert techniques by providing for court hearings to be held in private, and for non-disclosure of evidence beyond parties to the proceedings. In some circumstances—and only if the court is satisfied that it is not in the public interest —some sensitive evidence may not be disclosed to parties to the proceedings.

The regulations will enable the applicant for a telecommunications restriction order to inform the mobile network operator to remove the terms of a court order if an error is made and a handset or SIM card is incorrectly blacklisted or disconnected, without the need to return to court to vary the order. This safeguard will make sure that any mistakes are quickly put right and that anyone affected by an error can be reconnected as soon as possible in a matter of days, minimising as far as possible the impact of an error on anyone wrongly affected by a TRO. As an additional safeguard, and to make sure that there is independent and transparent scrutiny of these provisions, the use of the draft telecommunications restriction order regulations will be overseen by the proposed Investigatory Powers Commissioner when the draft Investigatory Powers Bill receives Royal Assent. I commend this order to the Committee and beg to move.

[Lord Kennedy of Southwark (Lab)]

My Lords, as we have heard from the noble and learned Lord, Lord Keen, the order before us today gives an additional power to disrupt the use of illegally held mobile phones in the prison estate by way of a telecommunications restriction order, which requires the telecommunication provider to prevent or restrict the use of communication devices by persons detained in custodial institutions.

I very much agree with the comments from the noble Lord, Lord Ramsbotham, contained in Appendix 1 of the report from the Secondary Legislation Scrutiny Committee. The option to block mobile phone signals seems to me a far simpler and more effective option available, and it seems odd that that was dismissed out of hand largely, it appears, on the grounds of cost. Clearly, there is a serious problem and action needs to be taken. What is proposed here is better than where we are at present, but it is cumbersome—new phones or SIM cards risk being smuggled in, and a constant battle may take place to identify a new device or number so that another application can be made for a telecommunications restriction order. It does not completely solve the problem. As I said, it is cumbersome. It will require multiple applications to court on a regular basis and the more effective option has been ruled out.

As we have heard and read in the papers, mobile phones held illegally in prisons have enabled serious crimes to be committed by prisoners, including the importation of automatic firearms, the distribution of drugs, the sale of firearms, planned escapes and the harassment and intimidation of witnesses. With a list like that, I think the case for a blanket ban, through the use of blocking devices, is compelling. Can the noble and learned Lord tell us what review processes are going to be in place to evaluate this scheme and whether the blocking devices are off the table for good, or is it something the Home Office will reconsider at some point in the future? Although I prefer the blocking option, I fully support the order before us today.

[Lord Rowlands (Lab)]

My Lords, I have had three privileges in my life. I have had the privilege of serving in every Parliament for the last 50 years. I have also had the additional privilege—the most recent one—of being a member of the Joint Committee on Statutory Instruments, and it is in that context that I rise to speak. I refer in particular to that part of the report in which our committee reported on the use of the statutory instrument.

Over the years that I have been in both Houses, these were all too familiar words:

“Regulations … may … make incidental, consequential, supplementary or transitional provision”.

Both Houses have warned Ministers and departments over the years not to use these generalised and imprecise words to promote regulations of importance and significance. Our own committee made that very point in the eighth report of 2008, yet here we are in 2016 with Regulation 8 being promoted through these imprecise and general words.

I remind the Committee what Regulation 8 seeks to establish. It will give the courts the power to order that some or all documents can be withheld and prevent a party to the proceedings from having access to such information. Who would deny that that type of restriction is both important and significant? Who would claim that this is just a consequential, incidental, supplementary or transitional matter? If the Government intend to promote Regulation 8 on that basis, which of those applies? Is it incidental? It cannot be, surely. An instrument which will restrict access to information for parties in a hearing is certainly not incidental. Is it consequential? No, how can it be consequential? Is it supplementary? Is the Minister going to rest his case on the basis that this is just a mere supplement? An instrument of this kind, leading to the possible restriction of parties’ access to evidence in the proceedings? That cannot be supplementary. On what possible basis can the Government promote Regulation 8 as regulation that is incidental, consequential, supplementary or transitional?

The Government’s case is even more feeble and flimsy when one goes back and looks at the parent Act. The Act stipulates, in considerable detail, in Sections 80(3) and (4), the matters that should be subject to regulations. Section 80(3) lists some seven matters that must be considered in regulations, while Section 80(4) lists six that may be. Some 13 matters are specified in the two subsections, but what is not in them is the issue of the power to give the courts the right to withhold evidence. Why is that not there? This is an important issue. The 2015 Act specifically listed the kinds of issues that should be dealt with and addressed in regulations, but the important one that is now being brought forward, of withholding evidence, was missing.

Why was it not included in the list in the parent Act? There must have been some debate in the department about it, or among Ministers about such a big issue. Why was it left out? Why was it excluded and why is it now being brought in? Was it an oversight? Did they forget that this was going to be a big issue? If so, they are now trying to remedy an omission or an oversight. I want to find out from the Minister why and how an important issue such as this was left out of the parent Act and is now being brought forward and promoted under this raw, general and imprecise regulation. We deserve answers on this mysterious issue.

Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2016

Lord Kennedy of Southwark Excerpts

Tuesday 12th July 2016 Grand Committee

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, the order before us today adds zombie knives, zombie killer knives and zombie slayer knives to the list of offensive weapons by amending the Criminal Justice Act 1988 (Offensive Weapons) Order 1988.

The purpose of the order is to maintain public safety. Restricting the supply of weapons which can be used in violent crime or to create a fear of violence is a matter of public concern, which is why the Government are taking this action. Before setting out further details about the order and what action the Government are taking, I will briefly explain why it is necessary to tackle zombie knives.

We are concerned about the availability of these weapons, which can be purchased for as little as £10, have an aesthetic appeal to young men and have no practical use. In 2015, Stefan Appleton, a young man of 17, was murdered with a zombie knife marketed as a “renegade zombie killer machete/head decapitator”.

The Government believe that although the number of sales is relatively low, these weapons have a disproportionate effect because their appearance both creates a fear of violence in law-abiding members of the public and glamorises violence for those to whom these types of knives appeal. The police advise that they are often used as status symbols by gangs in videos inciting violence, and have asked that they are banned.

Unlike other types of knife, zombie knives have no legitimate purpose. They are designed for the purpose of violence and creating a fear of violence, and the way they are marketed, using names such as “headsplitter”, “decapitator”, “skullsplitter”, “chopper” or “executioner”, clearly demonstrates the purposes for which they are intended. Many of the knives are also painted in a way that suggests blood on the handle or blade. These knives pose a danger to the young men themselves and to wider society.

With that background in mind, I turn to the details of the order. Under Section 141 of the Criminal Justice Act 1988, it is an offence to manufacture, sell, hire, offer for sale or hire, or expose or possess for the purposes of sale or hire, a weapon specified in an order made under that section. The importation of any such weapon is also prohibited. The offence carries a maximum penalty of six months’ imprisonment.

The order does not provide for the possession of these weapons to be a criminal offence, but the possession of an article with a blade or point in a public place or school premises without good reason or lawful excuse is a criminal offence under Sections 139 and 139A of the Criminal Justice Act 1988, as is the possession of an offensive weapon in a public place by virtue of Section 1 of the Prevention of Crime Act 1953.

The Government want to add zombie knives to those weapons that are prohibited by order. This will be achieved by using the order-making powers in Section 141(2) of the Criminal Justice Act 1988 to add these knives to the list of offensive weapons to which the section applies. These weapons are defined as:

“the weapon sometimes known as a ‘zombie knife’, ‘zombie killer knife’ or ‘zombie slayer knife’, being a blade with … a cutting edge … a serrated edge; and … images or words (whether on the blade or handle) that suggest that it is to be used for the purpose of violence”.

I hope noble Lords will agree that this order should proceed. It will prevent these weapons being used in violent crime or to instil a fear of violence. I therefore commend the order to the Committee and I beg to move.

[Lord Kennedy of Southwark (Lab)]

My Lords, I had never heard of these weapons before I looked at this order a couple of days ago. The descriptions in the Explanatory Notes and impact assessment are truly dreadful, and I am grateful to the Minister for showing me a picture of one of these knives a few minutes ago. I am very happy to support a complete ban on the manufacture, import, sale, hire, and offer for sale or hire of these weapons. The names—zombie knives, zombie killer knives and zombie slayer knives—are just dreadful.

The impact assessment makes it very clear that the benefits outweigh the costs, even in simple monetary terms, but what we are talking about here is not just money but serious injury to human beings and the killing of human beings with these awful weapons. There is no monetary figure you can put on that. If one life is saved or one serious injury prevented by introducing this ban, it will be a step well worth taking, and I am very happy to support the order.

Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2016

Lord Kennedy of Southwark Excerpts

Tuesday 12th July 2016 Grand Committee

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, I thank the Advisory Council on the Misuse of Drugs for its expert advice, which informed the order we are considering today, which was laid in Parliament on 15 June.

If the order is made, seven methylphenidate-based compounds, as well as their simple derivatives, will be subject to temporary control under Section 2A of the Misuse of Drugs Act 1971 for a further 12 months, thereby maintaining the offences concerning their production and distribution. These compounds were controlled for 12 months under a previous temporary class drug order, which expired on 26 June 2016. The new TCDO came into effect on 27 June and will remain in effect for 12 months, subject to Parliament’s approval.

We are seeking to extend the temporary control following a request from the ACMD for additional time to strengthen its evidence base. This will give it the opportunity to consider the most recent data, including data from festivals, drug-related deaths and information from the drugs early warning system. The additional 12 months will allow the ACMD to consider whether these drugs should be made subject to full control under the Misuse of Drugs Act 1971. The ACMD notes that the initial TCDO has had a positive effect. Police Scotland has reported that in Edinburgh, where there had been reported injecting practices and an outbreak of infections involving some of these substances, there has been a reduction in harms.

These seven compounds are thought to be highly potent stimulants, similar to methylphenidate, a class B drug. One of these substances, ethylphenidate, had previously been marketed online as an alternative to cocaine. Their harms are reported to include anxiety, paranoia, visual disturbance, chest pain and a strong urge to re-dose. Other reported harms include anti-social and violent behaviour, loss of fine motor control, a high risk of bacterial infection and local tissue damage from injecting.

The order enables UK law enforcement to continue action against traffickers and suppliers of temporary class drugs while the ACMD gathers evidence. The order also sends out a clear message to the public, especially to young people, that these drugs and the brand names associated with them carry serious health risks. We know that the change in the law cannot on its own deter all those inclined to use or experiment with these drugs. However, we expect the TCDO to continue to have a notable impact on their availability, and in turn on demand for them, as we have seen with other substances controlled under a TCDO.

We know that legislation alone is not enough and continue to take action across education, prevention, treatment and recovery in order to reduce harmful drug use. We will continue to update our public health messages to inform the public of the harms caused by these substances, using the latest evidence gathered from early warning systems. In these circumstances, I commend the order to your Lordships.

[Lord Kennedy of Southwark (Lab)]

My Lords, as we have heard, the order seeks to renew a temporary control order on the substances listed in the paper for another year, while further work is undertaken and a decision is made on what should happen in the long term. I have no issue with the order whatever. All I would say is that I hope that in granting this temporary ban for another year, we are able within that time to gather the information that the council has asked for, so that it can come back to us to recommend a permanent ban. Clearly, these drugs are harmful to health, and it is important, as the noble and learned Lord said, that education, treatment and advice are made available to young people so that they understand the harm that they can do to themselves and to others by taking them. I am happy to support the order and hope that sooner rather than later we will be able to deal with this issue permanently.

[Lord Keen of Elie]

I am obliged to the noble Lord. I should explain that generally speaking the council has to be helped to make a recommendation about six months before the expiry of a TCDO in order for there to be time to transpose the prohibition into the Act itself. It was therefore thought necessary in the present case that there should be an extension. I do not believe that it is anticipated that a further extension will be required, because further evidence of harm has become available and is now being analysed.

Modern Slavery (Transparency in Supply Chains) Bill [HL]

Lord Kennedy of Southwark Excerpts

Friday 8th July 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I start my remarks today, as other noble Lords have, by congratulating the noble Baroness, Lady Young of Hornsey, on securing second place in the Private Member’s Bill ballot and on securing the Second Reading of her Bill today. Last year, the Modern Slavery Act became law; it is a good piece of legislation, and noble Lords on all sides of the House made important contributions to ensuring we have a sound piece of legislation that will tackle the exploitation of people through human trafficking and slavery. The Bill before us seeks to build on that landmark legislation and strengthen it further. The Bill has my support and, I wish it speedy progress through your Lordships’ House.

Worldwide there are estimated to be approximately 21 million people, or three out of every 1,000 people on the planet, in jobs that they were coerced or deceived into taking and which they cannot leave. Research undertaken by the International Labour Organisation found that the Asia-Pacific region accounts for the largest number of forced labourers in the world, at 11.7 million, which equates to 56% of the global total, followed by Africa with 18% and then Latin America with 9% of the victims. They also found that the lowest number of victims were in the developed economies and in the European Union, with 1.5 victims per 1,000 inhabitants. They found that 90% of the victims were exploited by the private economy, by individuals or enterprises. Of these, 68% are victims of forced labour exploitation in activities such as agriculture, construction, domestic work or manufacturing, and 22% are victims of sexual exploitation. Some 26% of the victims of forced labour are below the age of 18, and the majority are in their place of origin or residence, while those people moved across borders were more heavily associated with sexual exploitation.

The figures are truly shocking and the situation in the United Kingdom is on an unbelievable scale. As the noble Lord, Lord Smith of Hindhead, said, the Government’s own estimate puts the total number of people in slavery in the, UK at around 13,000, of which approximately 3,000 are thought to be under the age of 18. Some experts believe that this figure is a massive underrepresentation of the true figure, and the thought that there could be even more victims in the UK is truly shocking.

As I said, the Bill seeks to build on the Modern Slavery Act 2015. It has only four clauses and one schedule, but they are extremely important and seek to move our legislation in this area further forward. Clause 1 would bring public bodies within the scope of the Modern Slavery Act and require them to prepare a slavery and human trafficking statement every year. I agree with the noble Baroness, Lady Young of Hornsey, when she spoke of the widespread abuse of various services provided by public bodies through contractors and subcontractors. As the noble Baroness said, public bodies have a combined purchasing budget of approximately £45 billion per year. I also agreed with the noble and learned Baroness, Lady Butler-Sloss, when she asked why the obligation should not be extended to the public sector. Public bodies spend large amounts of public money purchasing goods and services, and this clause would put the same obligations on them as we are expecting commercial organisations of a certain size to follow. Surely it must be right that we require public bodies to publish a statement so that we can see what action they are taking to combat slavery in the supply chains they purchase from.

Clause 1 also requires the Secretary of State to publish a list of all commercial organisations that are required to publish a statement. This was a matter under much consideration last year, and for some reason the Government were resistant to being required to publish such a list. The compromise I recall was that we were told that some other body in the voluntary sector may publish a list. The right reverend Prelate the Bishop of Derby was right when he said that the Government should not hesitate in finding the tools for business to get these matters right. The Government should produce such a list and categorise it in sectors, so that it is as easy as possible to access the information; that seems the most sensible way forward. I hope the noble and learned Lord, Lord Keen of Ellie, will be able to confirm that the Government have reflected on this since last year and are prepared to move on it. It always seemed odd to me that, having required commercial organisations to produce these statements in their annual accounts, the Government were not prepared to bring them all together in one easy and accessible place. We learned today from the noble Baroness, Lady Young of Hornsey, that an industry has been created which creates hosting statements, provides model text and statements and charges fees for preparing them; that should concern us all. Again, I agree with the right reverend Prelate that good practice is to encourage business to act responsibly and to stamp out slavery through chains. So far, that is voluntary; we need the support of the Government at all times to help deliver that.

Clause 2 would require contracting authorities to exclude from the participation in the procurement process companies that had not produced a slavery and human trafficking statement when they were required to do so. Why would any contracting organisation want to do business with a commercial organisation that had fallen down on its obligations in this respect? Clause 3 would require the Secretary of State to produce guidance to comply with the changes to regulations brought in by the Bill. Again, it is important to ensure that proper clarity is given to contracting organisations so that they can be clear how they go about implementing these requirements.

The Bill is an important step in the fight against modern slavery in all its forms. It seeks to improve on legislation passed last year, which will always have to be kept under review to ensure we are at the forefront against the exploitation of human beings all around the world.

In conclusion, this is a very good Bill, as are the other Bills before us today. They are all to be referred to a Committee of the Whole House. I checked with the clerk, and it would be quite proper to refer some Private Members’ Bills to a Grand Committee, which would help to speed things along. We have only so many Fridays, and many Bills get lost here and do not have a chance because they get clogged up in waiting for days in Committee and on Report. Again, I ask the Government—I particularly look to the noble Lord, Lord Ashton of Hyde, when he goes back to talk to his colleagues in the Whips’ Office—why we cannot in future make use of the Moses Room and a Grand Committee and have these Private Members’ Bills there on Fridays. That would be a good step forward.

I congratulate the noble Baroness, Lady Young of Hornsey, on her excellent Bill and wish it speedy progress through this House.

Bus Services Bill [HL]

Lord Kennedy of Southwark Excerpts

Monday 4th July 2016 Lords Chamber

Moved by

[Lord Kennedy of Southwark]

33: Clause 4, page 15, line 43, at end insert—
“(g) how the operators of the franchise will seek to increase passenger representation through the life of the plan.”

[Lord Kennedy of Southwark (Lab)]

My Lords, as this is the first time I have spoken in today’s Committee debate, I declare that I am an elected councillor in the London Borough of Lewisham.

The two amendments in this group are in my name and that of my noble friend Lady Jones of Whitchurch. As regards franchises and enhanced partnerships respectively, they would require operators to set out how they will seek to increase passenger representation. As I said in previous debates, this Bill is very technical in parts but the issues we are talking about today, and that of buses in general, are about people and delivering a reasonably priced local service which delivers for them and their local communities, and keeps places alive and vibrant by connecting communities with other communities and enabling people to travel to work, go to school and enjoy leisure activities. For all that to happen in a responsive manner, we need mechanisms in place to hear the voice of the passenger at a local level. I am fully aware that we have a body—Passenger Focus—which provides a voice for England outside London, but I am talking about what happens at a very local level. It is important that people and communities are able to discuss their experiences face to face and say what they want. That can include working with Passenger Focus at a local level or perhaps other arrangements.

Operators and local transport authorities often carry out surveys and other work and meet local councillors and MPs. That is always very welcome. However, what is proposed in these amendments is the need to ensure that the views of passengers are taken into account, and to make provision in the Bill for the planning of these services. I beg to move.

[Earl Attlee]

My Lords, I shall try to be brief. These amendments are what are often termed “no-brainers”. As the noble Lord, Lord Kennedy, explained, the purpose of these amendments is to ensure greater participation and involvement with passenger groups in the process for developing a franchise scheme and the consultation and throughout the life of an enhanced partnership scheme. During Second Reading, a number of noble Lords commented that there was little mention of passengers in the Bill, so these amendments address that point.

I know that bus operators do a huge amount of work to ensure that they engage with the people who actually use their services. After all, who are they providing their services for? They are for passengers. On what basis would bus operators, and local authorities for that matter, not want to seek the views and opinions of the people who will be using their services?

Organisations such as Bus Users UK exist for the very purpose of giving passengers a voice, and do great work with operators, including holding local bus surgeries where passengers can engage directly with operators. Together with operator and local authority open days, these events are invaluable. Passengers are able to give solid feedback to those actually running the services, and in turn operators can inform and explain their decisions. Those decisions may not always be popular, but to my mind people are much more likely to accept a decision if the reasons for it are helpfully and properly explained.

I hope that my noble friend has a piece of paper in front of him marked: “Agree to consider”, or something similar. Even if he cannot advise the Committee to accept the amendments in the form that we see them today, I hope he will agree with the sentiment and spirit in which they have been brought forward so that we might see some government amendment which would achieve the same effect, at a later stage.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

I have already said that I am open to discussing how we move this matter forward. I hope that I am indicating that I believe we should proceed in a collaborative way on the passage of the Bill through Committee and Report. I am happy to discuss with the noble Baroness and the noble Lord, Lord Kennedy, how we can develop this amendment to reflect the intent behind it, which I share and which I am sure she shares, and also incorporate the issues raised by the noble Baroness. On that basis, I hope that the noble Lord is minded to withdraw his amendment.

[Lord Kennedy of Southwark]

I thank the noble Lord for that very helpful response. When we tabled the amendments we should have included the advanced partnerships and the current arrangement, as the noble Lord mentioned, but is he saying that, through the discussions that will take place over the coming days and weeks, we will seek to agree an amendment that will deal with the issues raised here?

[Lord Ahmad of Wimbledon]

It is certainly my intention to discuss with the noble Lord and the noble Baroness how best to take this forward. Yes, if it needs to be in the Bill, that is something we can discuss. I am sure we can overcome the drafting issues and it is important to reflect the points raised by the noble Baroness, Lady Randerson, in any amendment that comes forward.

[Lord Kennedy of Southwark]

That is very helpful. I am very happy to get involved in discussions on an amendment that we are all happy with and can work with, and which delivers the aim expressed across the Committee today of making sure that passengers are properly involved. However, what I do not want to see at the end of those discussions is a note in guidance, because, importantly, that does not have the same strength as something in the Bill.

[Earl Attlee]

Will the Minister take great care to make sure that everyone who has an interest in the Bill is included in these discussions? Sometimes it is possible for people to fall out of the loop and not be fully involved.

[Lord Ahmad of Wimbledon]

I give my noble friend that assurance. I will go further and say that I never forget my noble friend when it comes to such discussions. He has made a very valid contribution throughout this debate and I am sure he will continue to do so in debates going forward. Any noble Lord has an open invitation to meetings, as I have said, as we look to strengthen the provisions of the Bill and the services it provides.

[Lord Kennedy of Southwark]

I thank the noble Lord for those very helpful responses. I am very pleased to have received support from the noble Earl, Lord Attlee, and the noble Baroness, Lady Randerson. It is beneficial that local transport authorities and operators seek the views of their passengers, who are, in fact, their customers. Being sensitive to the needs of your customers is usually good practice for any business or public service and benefits everybody concerned, particularly the providers of the service. A role for bus passengers, as the noble Baroness, Lady Randerson, said, is important and needs to be in the Bill. I am very pleased with the comments of the noble Lord, Lord Ahmad of Wimbledon, and look forward to our discussions. I hope that we can agree an amendment we can all be happy with during Report.

[Lord Ahmad of Wimbledon]

Before the noble Lord sits down, let me assure him that that is the Government’s intention with all the provisions we have discussed. Putting passengers at the heart of what we seek to do is a key part of delivering either the franchising model or the partnership model. Importantly, as I said, the current amendment does not incorporate, for example, the issues around the status quo.

I know the noble Lord is working with me to ensure that that is what we do. That is certainly the intention—one that is resonating around the Chamber. Given that assurance and the positive nature of the debate, I think the noble Lord is moving towards formally withdrawing his amendment.

[Lord Kennedy of Southwark]

I thank the noble Lord again for his very helpful comments. I beg leave to withdraw the amendment.

Amendment 33 withdrawn.