(4 years, 8 months ago)
Lords ChamberMy Lords, this has been a short but very good debate, with some very powerful contributions from around the House, and I am delighted to be able to speak in it today. At the outset, I offer my full support to the Government for this short, two-clause Bill, which gives them the necessary parliamentary authority to make payments under the Windrush compensation scheme.
As we have heard, there would normally have been a much longer debate on the Bill. Like other noble Lords, I am really pleased that we will have a virtual debate on 6 May, when I know that many other noble Lords from all sides of the House will make the points that they would have made today. We know that there has been a ministerial direction to allow compensation payments to be made ahead of this Bill becoming law. However, as we have heard again today, there has not been a huge number of payments and we have to be a little concerned about that. As we have also heard, people have suffered terrible injustice, and the sooner that financial compensation and a proper and fulsome apology is made to them, the better. I concur with the noble Baroness, Lady Williams of Trafford, about the contribution that the Windrush generation has made to our country, and we will forever be grateful to them for that.
Any financial compensation and apology can go only so far to alleviate the hurt and injustice that has befallen people who have been treated so badly, as was highlighted by many noble Lords. That is something that we should not forget. What of the people who have since passed away and are not alive to see the action being taken today to at least correct the wrong that was done to them?
When we discussed these matters previously, I made the point that it is important to have a robust communications plan so victims are informed that there is a scheme in place to compensate them and to right the injustices they have suffered. The Government have been very imaginative with their communications plan. I welcome the Minister outlining that a fund has been made available. That is very important, because we will not get away with a few Facebook posts and a couple of tweets; that would not be good enough. Particularly when we look at the age now of some of the people who suffered this injustice, careful thought has to be given to how we are going to contact people and get in touch with them so that they understand, first, that they have suffered an injustice and, secondly, that the Government want to put this right and that there is a scheme in place.
People have suffered real financial and other hardships. They have been split from their families and friends. It may well be that people have lived or are living very difficult lives elsewhere in the world; we should not forget that. It may well be that people are living off-grid, as it were, where they are presently. We must recognise that.
There also needs to be an acceptance from the authorities that claims for compensation have to be as easy as possible and that excessive form filling, an insistence that items must be submitted online and other bureaucratic obstacles will not be accepted. The description of the form by the noble Lord, Lord Newby, is an example of a bureaucratic obstacle; that is just not acceptable. We cannot have a situation in which people have to fill in these forms and submit them online, or cannot get the file through because the file of evidence is so big that the server will not take it. That is just not acceptable. I look forward to the Minister answering the points made by the noble Lord, Lord Newby. We have to get this right. If these obstacles become another source of grievance, we are just making a dreadful, terrible situation even worse. I know that many noble Lords in this House will not accept that.
The noble Lord, Lord Hastings of Scarisbrick, asked the key question of where communities will be. How can they be assured that the officials operating this scheme will now get this right? What assurance can the Minister give that the Home Office will now get this right? People are genuinely worried about that.
The noble Baroness, Lady Watkins of Tavistock, made the powerful point that we need to be flexible in accepting people’s claims. We will also need an extension of the scheme. I understand why maybe they do not want to extend it over a number of years, but I do not believe that everyone will be covered in the relatively short time the Government have outlined. It will have to be extended, and I fully support the noble Baroness’s call for an extension of the scheme. That would just be plain common sense. I hope Ministers will make sure that the attitude of the officials administering the scheme is right. The last thing we want to hear of in this House or anywhere else is further injustices. Perhaps the noble Baroness, Lady Williams of Trafford, can outline how she will assure the House how she, other Ministers and in particular the Home Secretary will review what is happening. How will they apprise themselves of the scheme as it develops, keep it under review and ensure that nothing is mentioned ever again about hostile environments and how people are treated? It would also be good to hear from the Minister what has been going on since the scheme has been up and running. What has the Home Secretary done to ensure that it is being administered properly? It would be good for the House to hear that.
The noble Lord, Lord Taylor of Warwick, highlighted the contribution his parents made—a contribution typical of people who came from the Commonwealth to fight in our wars and to work in our armed services, the NHS and our other public services.
The noble Baroness, Lady Bull, made a similar contribution on the Windrush generation. Her speech and that of the noble Lord, Lord Taylor, reminded me of my friend Sam King, who came from Jamaica, fought in the RAF in the Second World War, then came back and served as a postman. He was a councillor in Southwark—I was privileged to know him—and was its first black mayor. He was a wonderful man who did so much for the Caribbean community and the wider community in Southwark and beyond. He was awarded the MBE for his contributions. He died in June 2016, an example of service and a life well lived. It was a privilege to know him.
We also need to remember that we live in a great country. I am very proud to live in this country and to have been born here, but when you look at our country and its achievements, you see that they were made by immigrants who came here to make a better life for themselves and their families and to contribute to their country. Quite a lot of Members of this and the other House are immigrants, or the children of immigrants. I know that the noble Baroness, Lady Williams, is an immigrant, and I am the child of immigrants. Her parents came here as doctors; my mum came here to work as a nurse in the National Health Service. That is quite typical. I recall the Irish embassy a few years ago doing some work which identified how many Members of the other place had parents who were nurses who came over from Ireland to work in the health service. That highlights to me how lucky we are.
As we battle this terrible Covid-19 pandemic, I am struck by how many people in our police and other blue light services, how many people keeping us safe in our hospitals and care homes, how many people ensuring that our bins are emptied, keeping our children safe from abuse, protecting women from domestic abuse, working in local authorities, keeping the shelves filled in our supermarkets are immigrants. What a disaster would fall on us if they were not here keeping us safe and looking after us. I have seen NHS staff many times holding up signs saying what countries they have come from. That shows what a small world we live in and how lucky we are that they are here.
I am very pleased that the purveyors of awful politics have been silent recently. I hope we hear less and less from these people. They are absent from our screens, and long may that continue. They are not elected and they are appointed to nothing. I certainly hope we never see them again.
I give my full support to the Government on this Bill. Clearly more needs to be done, but it is a step in the right direction. I thank the Government for that and I look forward to the contribution of the noble Baroness in answer to the points we have made.
(4 years, 9 months ago)
Lords ChamberMy Lords, there is quite a lot in my noble friend’s follow-up question. I join him in paying tribute to my right honourable friend the Home Secretary, who took very swift action in dealing with this. It is regrettable that there was no plan in place to deliver sustained improvements after Sir Richard’s review. Both HMICFRS and the IOPC have now found that the MPS has delivered significant improvements but, with respect to keeping track of those improvements, the Home Secretary will continue to seek assurances from the MPS that those improvements are being embedded across the force. On whether we will launch an inquiry into Operation Conifer, Operation Conifer and Operation Midland were quite different investigations. Operation Conifer has been subject to significant scrutiny. As Wiltshire Police has made clear, Operation Conifer did not pursue further inquiries into Carl Beech’s allegations after deciding that there was undermining evidence.
My Lords, I see the point made by the noble Lord, Lord Lexden, about Operation Conifer. In respect of all the allegations of historical sexual abuse, can the Minister tell the House how many convictions there have been to date?
I am glad that the noble Lord raises this because we need to see this in the broader context of historical abuse against children, of which there have been 11,346 non-recent allegations; that is a significant number. In total, 4,024 convictions have resulted from this. It has most definitely been something worth pursuing.
(4 years, 9 months ago)
Grand CommitteeMy Lords, I thank the noble Baroness, Lady Williams of Trafford, for explaining the order. I have no particular comments to make in respect of Norway and Iceland becoming Part 1, and no longer being Part 2, territories other than that, for me, it illustrates what a stupid decision it is no longer to take part in the European arrest warrant procedure. That is obviously for another time but I think that it will benefit nobody but criminals; I am sure that we will come back to that in other debates.
As the noble Baroness, Lady Hamwee, outlined, there are some concerns about Kuwait and Morocco. In respect of Kuwait, the treaty was signed in 2016 but, since then, it has resumed executions and is now talking about lowering the age at which someone can be executed. There are genuine concerns about that and it would be helpful if the noble Baroness could explain what the process will be. We are genuinely worried. We do not support the death penalty in any circumstances and it would be very worrying if people could potentially be sent back to face it. In addition, Kuwait outlaws same-sex relationships, with a maximum prison sentence of seven years, so, again, we would be very worried if someone in that situation were to be extradited to Kuwait.
It would be useful to hear from the noble Baroness whether the Government have received any assurances from the Kuwaiti authorities since the treaty was signed in 2016 and since that country changed its laws regarding executions. In this respect, in 2018, my noble friend Lord Collins of Highbury tabled a Motion that was debated on the Floor of the House. It would be useful to know whether anything happened following that Motion being debated. I look forward to the noble Baroness’s reply.
I thank both noble Lords for the questions on this statutory instrument that they have rightly asked. The noble Baroness, Lady Hamwee, asked whether our intention in the future is to remain part of the ECHR. At the moment, that is our intention, although, as she acknowledged, I cannot speak about what will happen in the future.
The question that I thought might be brought up was about the death penalty in Kuwait. It is important to make it clear at the outset that extradition is prohibited by statute if the person concerned might face the death penalty, unless the Secretary of State gets adequate written assurance that the death penalty will not be imposed. The UK Government oppose the death penalty in all circumstances as a matter of principle. As we all know, it undermines human dignity and there is no conclusive evidence that it is a deterrent. Any miscarriage of justice leading to its imposition is clearly irreparable, so extradition from the UK is not possible where the person has been, will be or could be sentenced to death, and that is made explicitly clear in the Extradition Act.
Extradition is obviously a very important tool in bringing perpetrators to justice. We can maintain extradition relations with countries that have the death penalty while making it absolutely clear that we will never allow a person to be extradited from the UK if they will face the death penalty elsewhere.
Kuwait and Morocco are not listed as priority countries in the FCO’s human rights report. Therefore, no explicit exchange of human rights assurances was sought in addition to those that make up the extradition treaty. The point made by the noble Lord, Lord Kennedy, is all the more reason for us to be explicit on extradition and the death penalty.
Our very good relations with both Kuwait and Morocco provide further comfort, so we can raise a range of human rights issues with them. We do so in the context of ongoing bilateral dialogue.
On LGBT status, it is important to note that the same standard of safeguards applies to UK extradition relations with all Part 2 countries. Whether a request is compatible with a person’s human rights is assessed by the UK’s judiciary in extradition cases. If a court found that a person would, for example, be subject to inhumane or degrading treatment or punishment as a result of their extradition, they would not be extradited. I hope that provides the comfort that the Committee rightly seeks on this statutory instrument.
(4 years, 9 months ago)
Grand CommitteeMy Lords, I thank the noble Baroness, Lady Williams of Trafford, for explaining the regulations to the Grand Committee this afternoon. The noble Baroness, Lady Hamwee, raised all the points I was going to raise—
It is absolutely fine. I shall not repeat them because it would detain the Committee longer than necessary, but the noble Baroness has raised some very important points. I support the regulations and we are pleased they are here, but our concern and worry is that the people who are vulnerable are those who have not picked up on the need to use this system. If they do not use it, they will find themselves, in June 2021, to be in the UK illegally, even if they have been here for many years. That is what we are worried about.
The other point of concern is that there have been a few issues in the Home Office in terms of appeals and other problems in the past. We are very worried that someone might find themselves in difficulty, so what we are looking for from the Minister is some reassurance about that and about how people will be treated. What will the Government do to ensure that people know they need to apply for this? It may well be that some of those people who are here from elsewhere in Europe are in quite low-paid jobs, do not have a lot of money and are just not picking up on it. What we do not want is a situation where people do not understand that they need to apply and find themselves in difficulty with the authorities and potentially being removed from this country when, had they applied, they would have been given the right to stay here. That is the reassurance every noble Lord here is looking for. In principle, I am very happy with there now being a right to appeal, so I will leave it there.
My Lords, I thank both noble Lords for their points. I thought this would be the easy SI and that every noble Lord would be so happy with the appeal processes. The noble Baroness, Lady Hamwee, asked why so many appeals are successful. An appeal may succeed where new information is provided.
I am sorry for treating this as a conversation, but I understand that their funding goes to the 31st of this month, but they need to know, if they do not know already, whether they will be able to employ people to continue the service.
I understand that when this came up in the Commons the Minister said the thing should be resolved in a couple of weeks. That was a week ago.
That is because we will be announcing the arrangements for the financial year 2020-21 shortly—in the Budget, I am guessing. I hope that rather clumsily answers the noble Baroness’s questions.
I totally understand that point. It is frustrating for any group or organisation waiting for future funding announcements to be in this position right at the end of the financial year; I really get that. I just want to answer the last point made by the noble Lord, Lord Kennedy, on vulnerable people. As he knows, we have set out some funding for organisations who will help vulnerable people. I think they are the last cohort of people on whom our attention will need to focus: as he says, people who do not even know that they must apply. That work is well under way across the country and, given the number of applicants, which is 3.2 million, it is clearly going well for most people, but he is right to raise that final cohort.
I am glad that the noble Baroness has recognised that point, but can we have an assurance that the Government will look at them sympathetically? There will be people who do not know that they have to apply and, in a few months’ or a year’s time, find themselves illegally in this country who thought they were here legally. I hope that, at that point, the Government will treat people reasonably and understand that it may well be through no fault of their own—they have not picked it up—they are in these difficult situations.
Totally, and that is what this reasonable grounds process is all about. We actually want to find reasons to grant people settled status, so the point the noble Lord makes about not being harsh on people is absolutely right. The other day, I came across a Romanian lady who did not know what to do. I helped to point her in the right direction of applying. Yes, those people who still do not know now will need that extra bit of help. I beg to move.
(4 years, 9 months ago)
Grand CommitteeMy Lords, Amendment 1 in my name seeks to add a new clause to the Bill that would require the Secretary of State, within 12 months of the Bill becoming law, to lay before Parliament
“an assessment of the reliability of Interpol Red Notices as a basis for arrest”
under the Bill. That assessment must address the extent to which there is a risk of abuse of the red notice system. There are eight different types of Interpol notice, but most of the recent controversy has been over the red notices. My amendment seeks to shed some light on them to ensure that they are used properly; that, where we are complying with a request under a notice, we are more confident that we are working towards getting them to be more accurate; and that the risk of their being politically motivated is drawn out.
We have to recognise that some of Interpol’s member countries do not have as good a human rights record as others. There are allegations of corruption against some and some regimes have been accused of using red notices for political purposes to attempt to capture dissidents and people who oppose them. That is why I want to hear from the Minister how we will ensure that they are not abused.
Amendment 2 in my name, also in this group, is very straightforward. It would require the Secretary of State to report to Parliament, again, within 12 months and every 12 months after that, to provide us with a statement that ensures that what happens under the Act complies with Section 4 of the Equality Act 2010. I hope the Minister will be able to respond positively to both amendments, which are simple, straightforward and attempt to address issues of concern by providing information useful to government, policymakers and Parliament. I beg to move.
We will get on to my noble friend’s point, but we use Parliament to make law rather than to make points. I hope he will respect the point that I make.
The noble Lord, Lord Inglewood, asked about obligation to extradite. He is absolutely right. The Bill creates powers for the police, not obligations to other countries.
Amendment 2 requests the publication of an annual statement on arrests. The NCA already keeps data and publishes statistics around arrest volumes in relation to Part 1 of the Extradition Act. It does it without being required to do so by primary legislation. We have no doubt that it will similarly do so in respect of arrests under this new arrest power, as this is a sensible operational practice. I have sympathy for the amendment, so I have asked officials to look at how we can give the noble Lord, Lord Kennedy, some reassurance. I hope he will accept that I will liaise with him between now and Report.
I am not persuaded that the either the Secretary of State or the NCA require a statutory obligation to take these steps. I hope I have been able to persuade the noble Lord not to press his amendments, but we will have further discussions between now and Report.
My Lords, I thank all noble Lords who have spoken in this short debate. I am obviously happy to withdraw my amendment for the moment.
I agree with the point made by the noble Lord, Lord Inglewood. The noble Lord, Lord Deben, has also made some important points, which I know we will come to later.
The noble and learned Lord, Lord Mackay, mentioned Parliamentary Questions. Sometimes, the Answers we get are not very good, to say the least. That goes across government. I am going to have to start tabling Questions about Parliamentary Answers. I asked one recently of another department. I asked, “What do we here?” and the Answer had no bearing whatever on the Question. I raised that with the Minister concerned and he accepted that. I thought, “Just answer the Question. If you can’t answer it, tell me you can’t answer it.” They had sent back a ridiculous Answer that had no bearing and it is not good enough. Unfortunately, that is a problem across government. Maybe we need a debate in the House about it. I am going to try putting in FoIs and comparing answers between PQs and FoIs. Will the answers be as bad there? We will see. But that is a separate issue. I would love to think that PQs were the answer; unfortunately, in my experience of being here for nearly 10 years, they are not.
Having said that, I am pleased with the Minister’s response, especially to my second amendment. I look forward to further discussions between now and Report. On that basis, I am happy to withdraw my amendment.
My Lords, I tabled this amendment following the speech of the noble and learned Baroness, Lady Clark of Calton, at Second Reading. She raised the issue of the time that a suspect—the person who has been arrested—might spend in custody before coming before the court. Someone arrested on the Friday before a bank holiday weekend might not go before the court until the Tuesday, if one excludes weekends and bank holidays. The impact assessment tells us that the legislation is likely to involve only half a dozen people, so without wanting to impose too much on our judiciary—I accept that it is pretty hard pressed these days—I do not see that it would be too much of an extra strain on them or on the police to deal with these matters over the weekend.
I am grateful to the Minister for calling me just before we started the Committee stage to say that, basically, I had got the drafting wrong. Okay, this is what Committee stages are about: to raise issues and to see how we can deal with them. The schedule provides that in calculating the 24-hour period before a person is brought before a judge, no account is taken of weekends, bank holidays and so on. Reference is made to provision elsewhere. I understand that the noble Lord, Lord Parkinson, will deal with this matter. I look forward to him explaining this to me because I believe the argument is that that would mean that no one could be arrested on a Saturday or a Sunday. I am not quite sure that I follow that, but no doubt he will put that right.
When the noble and learned Baroness, Lady Clark, spoke at Second Reading on 4 February, she asked, at col. 1743, for some statistics on the number of arrests. I thought I should check on whether those have been made available. It may be that the matter was not pursued, the Minister having spoken to her. But as she said then, if there is a problem in relation to extradition to category 2 territories, the solution might be better co-ordination between the police and the judiciary to enable a warrant to be obtained at an early stage, or the involvement of the judiciary in a screening process instead of the designated authority. This is a useful opportunity for us to consider these points and I beg to move.
I rise briefly to welcome the noble Lord, Lord Parkinson of Whitley Bay. If he will now be covering some Home Office matters, we will be spending a lot of time together and will get know each other well, so that will be welcome.
The amendment moved by the noble Baroness, Lady Hamwee, is very sensible and I am happy to support it. She set out the issue clearly: someone can be picked up on the Friday before a bank holiday weekend and potentially wait until the Tuesday morning before being brought before a judge. That is a fair point. If people are arrested, they should be brought before a judge quickly, so I look forward to the noble Lord’s response.
My Lords, I also support this amendment. Would you believe it, there is a judge on duty all weekend, every weekend, and all night? If the period is reduced to 24 hours and this happens over a weekend, it can be treated as urgent business.
I think the position is that, as times have changed and we are more modern than we once were, a judge is now available at all times to deal with this matter. Therefore, it is not necessary to leave out weekends or bank holidays because the reason that was put in was that the judge might not be there. Now, under the rules of the system, the person can have his case before the judge in the holidays because a judge is always there. Therefore, it needs to be changed to take account of that. That is my understanding. I hope the noble and learned Lord, Lord Judge, agrees with me.
My Lords, we have just heard from two very experienced former members of the judiciary. The noble Lord, Lord Parkinson, would be very wise to agree to take this matter away and try to sort it out.
Amendment 5 in this group is in my name. It would simply put “National Crime Agency” into the Bill. Throughout the Bill, there are references to the “designated authority”, but there is no mention of a specific agency. I am sure that the Minister will set out why the Bill is framed in that way and I look forward to that explanation.
Other amendments in this group are in the name of the noble Baroness, Lady Hamwee. They are all useful, as they give the Minister the opportunity to explain further the Government’s reasoning in specific areas and to convince the Grand Committee of the protections in the Bill.
On Amendment 4, who will be responsible and accountable if the safeguards fail and we end up complying with a request that is politically motivated? Amendment 11 would take away the uncertainty built into the Bill. I do not like phrases such as “the designated authority believes”. “Believes” is a strange word to have in legislation. I like there to be a bit more certainty than is offered by a word such as “believes”. It seems very loose and open to all sorts of interpretations by all sorts of people.
Amendment 11A raises the circumstance where somebody could be rearrested under a new certificate. I accept that circumstances can change and maybe those powers are needed, but if somebody has been released under one certificate, we need to make clear what would need to change for them to be rearrested under a new one.
Amendment 11C has my full support. In many ways, it is a compromise between what the Bill says and what Amendment 5 says. Doing it through an SI is probably the best way forward, so I fully support Amendment 11C. I look forward to the Minister’s response.
I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Hamwee, for their points on these amendments. They have been grouped together as dealing with the functions of the designated authority and the criteria applied by it in certifying requests.
Amendment 4 proposes a new criterion for certification. This would require the designated authority to be satisfied that the request is not politically motivated. Making consideration of political motivation a precondition of certification for the designated authority would reverse the present position for arrests under the Extradition Act 2003. Presently, the courts are required to consider during the substantive extradition hearing whether any of the statutory bars to extradition apply. These statutory bars include whether the request for extradition is made for the purpose of prosecuting or punishing an individual on account of their political opinions—that comes under Section 81 of the Extradition Act 2003. The Government’s position remains that it is right that the judge considers these points based on all the evidence before him or her during the substantive hearing and not the NCA prior to arrest. It is the judge who is ultimately accountable.
Furthermore, we are all aware that the Extradition Act contains substantial safeguards in respect of requests motivated by reason of the requested person’s political views. These safeguards will continue to apply, and we fully expect the courts to continue to exercise their powers of scrutiny as usual.
Arguments of political motivation are of course not usually simple. It is right that the question of whether an individual extradition request can be described as politically motivated should be assessed by a judge before an open court. It is vital, of course, that the requested person should be able to put their arguments on this basis to a judge, but it is also crucial, in the fulfilment of our obligations under the international arrangements on extradition that give rise to such proceedings, that the requesting authority should be able to respond to such arguments and put their own case as to why the request is not politically motivated. This should be openly and fairly arbitrated, so importing this consideration into the process for determining whether an individual may be arrested would be at odds with existing extradition law. Noble Lords will be aware that judges and justices of the peace are not required to consider such factors when deciding whether to issue an arrest warrant under Section 71 or Section 73 of the 2003 Act.
Were the designated authority to make such a deliberation in effectively, it would need to be able to invite representations on the point from both the requesting authority and the requested person in each case before certification. Not only would this be hugely resource-intensive, it would also advertise to the wanted person that they are wanted. I should note that the designated authority, as a public body, would already be under an obligation to act compatibly with convention rights under Section 6 of the Human Rights Act 1998. At the point of certification, this will include consideration of whether an arrest is ECHR-compatible.
I bring the attention of noble Lords to the types of territories proposed as appropriate specified territories. These are democracies whose criminal justice systems are rooted in the rule of law. I am certain Parliament would not accept the addition to the schedule of territories that we believed would send the UK politically motivated arrest requests. I hope I have been able to persuade the noble Baroness that there is no gap in safeguards here and that, consequently, she will be content with withdraw her amendment.
She also asked what is meant by the “seriousness of the conduct”. The language mirrors the test in Part 1 of the Extradition Act 2003. As she thought, there is indeed case law on the point. The intention is to capture only conduct sufficiently serious to ensure that the power is used only where proportionate. For example, the minor theft of an item of food from a supermarket or a very small amount of money is unlikely, without exceptional circumstances, to be sufficiently serious. Only when the designated authority decides that the offence satisfies the test will it be able to certify the request.
I turn now to Amendment 5, which seeks to define the designated authority as the National Crime Agency in the Bill. Our approach here mirrors that of the designation of the authority responsible for certification of European arrest warrants under Part 1 of the Act. The Government consider that the designation of the authority responsible for issuing a certificate is an appropriate matter to be left to secondary legislation. A regulation-making power affords the appropriate degree of flexibility to amend the designated authority in light of changing circumstances, including alterations to the functions of law enforcement bodies in the UK. To future-proof the legislation, the Government believe that the current drafting leaves an appropriate amount of flexibility. As I said, the Government’s intention is initially to designate the NCA, which is the UK’s national central bureau for Interpol, as the designated authority. I hope I have persuaded the noble Lord that we have got the balance right and that he will be content not to press his amendment.
I turn finally to Amendment 11, on requests made in the “approved way”. My noble friend’s amendment suggests that a request should be considered to have been made in the approved way only if it is made by an authority that has the function of making such requests in the territory concerned, rather than an authority which the designated authority believes to have this function.
Perhaps I may momentarily be a bit philosophical. The amendment attempts to base the assessment of the authority’s function on an objective truth. That is admirable from the point of view of legal certainty, but the designated authority does not have a monopoly on truth. The best it could do in practice, when making the assessment described in the amendment, would be to decide, to the best of its ability, whether the authority in question has the function of making such requests, arriving at what I think we would characterise as being a belief that it does so. Of course, the designated authority, as a public body, must take decisions that are reasonable and rational.
As such, we expect there to be no difference between how the assessment would be made in practice under the amendment and how it would be made under the existing text. The benefit of the text, as we have proposed it, is that it mirrors language elsewhere in the Extradition Act—for example, when the designated authority under Part 1 may issue a certificate in relation to a warrant and when the Secretary of State may issue a certificate under Part 2.
On the perceived risk implicit in Amendment 11A—that an arrested person could be rearrested for the same thing, having been discharged by a court, perhaps because they were not produced at court on time or for some other failing—I reassure the Committee that this is neither the intention nor the effect of the new sections in the Bill. New Section 74A(8) makes clear that an arrested person may
“not be arrested again in reliance of the same certificate”
if they have previously been discharged. The intention of this drafting is to stipulate that an individual may not be arrested again on the basis of the same international arrest request once a judge has discharged them. This mirrors Section 6 of the Extradition Act 2003, which provides for the same thing, where a person provisionally arrested on the basis of a belief relating to a European arrest warrant may not be arrested again on the basis of a belief relating to the same European arrest warrant.
On top of that, new Section 74B(3) requires that a certificate has to have been withdrawn before any arrest takes place to allow a new one to be issued relating to the same request. This again illustrates that a further certificate cannot simply be issued on the basis of the same request once an individual arrested under this power has been discharged by a judge.
Of course, it is vital that a certificate can be issued on the basis of a new request, or on the basis of a wholly different request, so that an individual wanted for another crime is not immune to any further arrest because they were once arrested and discharged for a different crime. Organised transnational offences, such as people trafficking, often involve offences in different countries, on different dates, with different victims, and no individual should be able to avoid answering for more than one serious crime using a legal loophole. The amendment would create that impunity. For that reason, I hope I have been able to persuade the noble Baroness and that she will be happy not to press that amendment.
Amendment 11C would require an affirmative resolution procedure to apply to any statutory instrument that designates an authority as a “designated authority”. Given that the framework and criteria for the issuing of a certificate are provided for in the Bill, we consider that the negative resolution procedure affords an appropriate level of parliamentary scrutiny. We have plainly set out what the designated authority will do and how they must do it. Which particular body exercises that function is not, in our view, a matter that needs to be subject to debate in both Houses. The use of the power to designate an authority is necessary to accommodate any changing circumstances, including alterations to the functions of law enforcement bodies in the UK, and we consider it appropriate that we can respond to this promptly. The application of the negative procedure is also, again, completely consistent with the procedure for designating an authority for the purposes of issuing a certificate in respect of a European arrest warrant under Part 1 of the Extradition Act 2003.
I am sorry for my long-winded response to these several amendments. I hope the noble Baroness and the noble Lord are happy not to press their amendments.
My Lords, I add my general support to the proposition and arguments that have been made. When I had the good fortune to chair the ad hoc committee looking at the workings of this legislation three or four years ago, this was one issue that the committee spent a long time discussing. Our concern throughout was essentially—and, I believe, entirely properly—about injustice. We must have an extradition system that is just at its heart. If there is any risk or probability of people being extradited into circumstances in which their human rights will be abused or ignored, or in which injustice will be meted out to them, we should not be party to it.
I was particularly grateful for the remarks by the noble and learned Lord, Lord Judge. He has touched on a point that I will come to when I move my amendment later on in the proceedings. I will not say that he has stolen my thunder—he has made the point a lot better than I might have.
My Lords, Amendment 6 is a very good probing amendment from the noble Baroness, Lady Hamwee. As I raised on the previous group, the words of the Bill need clarifying. This amendment gives the Minister the opportunity to do that and to explain why the word “vary” is in new Section 74B(7)(a). We have to be very careful with the words that we use in legislation. I can see why we would want to add or remove a territory, but why vary it? Is it to address a name change? I am sure that the Minister will tell us why. Amendment 7 allows the Minister to explain the need for this power. It may be perfectly sensible, but to make that clear would be most welcome.
My Amendment 8 is fairly simple. It seeks to improve the Bill—as do all my amendments—by requiring the Government to report changes before adding, removing or varying a reference to a territory. What is the process for adding a country? How will additions to the list be approved? What would the parliamentary scrutiny be? What is the process for the talks?
I also have my name to Amendment 9, which has been referred to in a number of contributions. The Government would have to add territories one at a time; I very much agree with that. Parliament could reject a specific country or territory, which seems very sensible and proportionate. However, this came out in Second Reading: is this Bill also a back door to some sort of protection from the loss of the European arrest warrant? I know the Government said that it was not, but this would allow them to add the European Union straight away and in one go. That would be an interesting thing for the Government to do. When I thought of that, I was reminded of the interesting PNQ that the noble Lord, Lord Paddick, recently asked about the European arrest warrant. I also recalled the comments of the noble Lord, Lord Robathan. He asked a question of the Minister:
“My Lords, is it not the case that not all European arrest warrants are the same? A European arrest warrant from France or Germany, with whom we share the same respect for the rule of law, is one thing, but a European arrest warrant from one or two other countries—here I particularly mention Romania—is not the same because often political interference has taken place in the judicial system.”
The Minister replied:
“My noble friend makes a very good point about political interference. In fact, that is one of the safeguards within what we are seeking. He is right to make the point that not all EU states are the same.”—[Official Report, 2/3/20; col. 398.]
If the Government decide to put in the European Union in the future, that point could not be addressed. It is a valid issue—or, of course, it may not be an issue at all. It would be useful to have a response on that.
Amendment 10 should cause the Government no problem at all; I look forward to the Minister’s response on that. The noble Lord, Lord Deben, makes a valid case in Amendment 11B. “Levelling up” is the new buzzword in the Government. I think that we need a bit of levelling up in our special relationship with our friends across the pond as far as it applies to extraditing suspects who are wanted for crimes committed in this country. They must be very serious crimes which need to be investigated. Questions need to be asked, and potentially the evidence test is made and the matter is put before a court in the UK. The noble Lord cited two cases to illustrate that, which is very important in this respect. We are seeking a bit of reciprocity here, so I strongly support what he said and I hope that the noble Baroness can give a full response to these points because he has made the case very well.
My Lords, I feel very strongly that although we may have disagreed on the subject of the United States, that should not stop us recognising the wider argument to which the noble and learned Lord, Lord Judge, has referred. Far too much legislation going through both Houses ends up leaving everything to be decided in secondary legislation where it is almost impossible to make changes, and this is another example.
I want to underline what my noble friend Lord Inglewood has said, which is that extradition is far too important a matter to leave basic, material decisions merely to secondary legislation. This is part of the freedom that people in this country rightly feel they have and I do not believe that we should allow the Government to have the powers that this seems to allow. I hope that my noble friend will recognise that this is a matter of real principle, a principle that the party to which we both belong is supposed to believe in above all things—constitutional propriety. This is not constitutional propriety, but sleight of hand.
I do not have many remarks to make on this and I could not think of a quixotic quote. However, I really like Shakespeare because he is connected with the borough I grew up in, so I will remind you of this quote
“haste is needful in this desperate case.”
Some of the points which have been made are very important and should be taken on board. What are we doing here? We support the legislation in principle, but we have asked for reasons why we are doing this and we have gone through some of the wording before.
I look forward in particular to the Minister’s response to Amendment 12 because when you look at the wording it seeks to take out, it is quite worrying that it is in there at all. It may well be that there is a perfectly understandable explanation and I will be able to get up in a moment and say, “I fully support what the Minister intends to do”, but as it reads now, I am worried about what we are passing here. Perhaps she will say that it is fine because it talks about further consequential provisions in the sub-paragraph above and the Government will do nothing. However, there is an issue about the powers we are giving to the Executive and our ability to scrutinise or change them at a later date. That point has been made by the noble Lord, Lord Inglewood, so I want this to be looked at.
Amendment 13 seeks to remove regulations about “saving” or “incidental” provision. What is that about? We could make all sorts of changes by saying that something is a saving. We could get rid of whole swathes of stuff, so what are we agreeing to? We do not want to find ourselves saying months or years ahead that we did not realise when we agreed to this that we were giving those powers to the Executive. I will leave it there and look forward to the Minister’s response, but I may intervene at some point for further clarification.
I thank noble Lords for the points they have made and I hope to be able to allay any fears around what Amendments 12, 13 and 14 seek to address.
As noble Lords have said, paragraph 29(1) confers a power on the Secretary of State to make further provisions that are consequential on the amendments made by the Schedule to the Bill. This is a standard power which is commonplace in legislation and is naturally constrained. It can be used only to make provisions that are consequential and it is not a power to make substantive policy changes. Rather, it will allow the Government to make small, technical amendments for good housekeeping to ensure that that statute book is consistent and functions well.
As we implement the new arrest power, it is in everyone’s interests to ensure legal continuity for law enforcement partners and those subject to arrest for extradition purposes. While many of the amendments required to other enactments are made by Part 2 of the Schedule to the Bill, it is anticipated that further consequential amendments may be identified as part of the implementation process. That is why the standard power is taken to provide the flexibility to ensure that the new arrest power can operate smoothly and efficiently. Placing a timeframe such as 12 months on the use of the power would unnecessarily frustrate the aim. In any event, as noble Lords will know, the power cannot be used to amend future legislation.
As to the scope of the possible amendments, the Bill is narrowly focused. Its purpose is to provide a power of provisional arrest for specified category 2 territories for extradition purposes. I stress the point that it does not affect or relate to the subsequent extradition process. The purpose of the consequential power is to deal with the consequences of those changes to the statute book. As such, just as wider amendments to the Extradition Act 2003 fall outside the Bill’s ambit, so amendments to effect wider extradition policy would fall outwith the consequential amendments power. The power extends to provisions that amend, repeal or revoke any provision of primary legislation. As I hope I have made clear, this is not unusual or exceptional. It is standard practice to take such a power to provide flexibility for smooth and efficient implementation.
Similarly, the power to make saving or incidental provision by regulations found at paragraph 29(3) of the Schedule is a standard power commonly given in legislation for the purposes of smoothing the introduction of a change to the statute book. Incidental provision would include only amendments that are necessary or expedient to make the Bill’s substantive provisions work. Saving provisions are required where it is necessary to preserve existing law following a change to legislation —for example, to ensure fairness or consistency in court proceedings in progress at the time of a change to legislation. As I have stated, these are standard clauses. Any amendment by regulations that amended, repealed or revoked primary legislation would be subject to the affirmative resolution procedure by virtue of paragraph 29(5), as befitting a Henry VIII power of this type. I hope that I have allayed noble Lords’ fears about that.
As a final point to my noble friend Lord Inglewood, the power in this Act would not allow us simply to move countries from Part 1 to Part 2 of the Extradition Act, nor to substantively amend Part 1. Those are not consequential amendments. With those explanations, I hope that noble Lords will feel happy to withdraw their amendments.
I thank the Minister very much for explaining that. I am reassured to a large extent by what she said. Would it be possible to give an example of one of those little technical things that would be changed so that we are clear what we are all talking about? If she cannot now, maybe she could write to us.
My Lords, the Government have laid Amendment 15 to reflect Section 2 of the Senedd and Elections (Wales) Act 2020, which changes the name of the Welsh legislature to “Senedd Cymru or the Welsh Parliament”. This amendment is a technical consequential amendment. It follows the new practice of using the Welsh name when referring only to the Welsh legislature. I hope noble Lords will be able to join me in voting for this amendment.
I am very happy to support this amendment. While looking at it, I was thinking that Members of the Welsh Parliament are called Assembly Members. What will they be called in future? They are in a Parliament and are called AMs—will there be some consequential change there? Maybe someone could clarify that at some point.
I will try to do that. It is a technical point to which I do not know the answer.
(4 years, 9 months ago)
Lords ChamberI certainly take on board that last point about restoring the reputation of Wiltshire Police. I guess that it is for that force to ensure that the cultures change over time. Three successive Home Secretaries have now said that they will not instigate an inquiry and that it is a matter for the police. The IOPC has already had an inquiry into Operation Midland. HMICFRS is now carrying out a lessons-learned review into Operation Midland, and that report is due in the next few weeks.
My Lords, the noble Baroness has just said that there have been three Home Secretaries who have not made an investigation into Operation Conifer, but, as the right reverend Prelate said, we are not going to move forward here. Why will a Home Secretary not order an investigation?
My Lords, for the simple reason that the police are operationally independent of the Government; it is a matter for them. There are funds available should they wish to launch inquiries, but it has been the clear view of three successive Home Secretaries that an inquiry is not appropriate.
(4 years, 9 months ago)
Lords ChamberThe first thing to say is that the Norway-Iceland agreement might have taken 13 years but the initial agreement took very little time at all; it was the commencement that seemed to take so long. It did not take very long to get agreement on this. The agreement we are negotiating should provide for co-operation between the UK and Europol and Eurojust to facilitate multilateral law enforcement and criminal justice co-operation. The agreement with Europol should go beyond existing precedent, given the scale and nature of co-operation between the UK and Europol. For example, the UK was the highest contributor of data to Europol for strategic, thematic and operational analysis in 2018.
My Lords, will the Minister set out for the House who she believes are the beneficiaries of this decision other than criminals seeking to evade justice? How will she ensure that fugitives in Europe will not just laugh at us for failing to bring them to justice?
My Lords, the beneficiaries of this should be the people of the UK. It seeks to replicate many of the operational capabilities in the European arrest warrant, while containing safeguards.
(4 years, 9 months ago)
Lords ChamberTo ask Her Majesty’s Government what plans they have to extend the time limit on pre-charge police bail.
(7 years ago)
Lords ChamberMy Lords, I first draw the attention of the House to my entry in the register of interests; in particular, I am a councillor in the London Borough of Lewisham and a vice-president of the Local Government Association. I should also mention that I am a member of the Campaign for Real Ale and vice-chair of the All-Party Parliamentary Beer Group. I join other noble Lords in thanking the noble Baroness, Lady McIntosh of Pickering, and the members of her Select Committee for the excellent report they have produced and the detailed work they undertook to consider and report on the Licensing Act 2003.
As the noble Baroness said, it is disappointing that the Government took so long to respond to the report, but at least they have responded to it before we had a debate today. That is progress. As we have heard in this debate, the Licensing Act 2003 changed the law governing the sale of alcohol. I agree very much that, in moderation, alcohol can enhance community cohesion, bring people together and is enjoyable with family and friends. But in excess it can have a devastating effect for the individuals drinking, for their family and friends and for the community more widely.
We have all seen reports in the media of the effects of drinking to excess. There is a clear link between drinking to excess and violent crime and general anti-social behaviour. I agree with the general thrust of the report that the Act needs to be reviewed and overhauled. It has been in force for 11 years and piecemeal amendments do not enable a comprehensive look to be taken at licensing, alcohol consumption, what the trends are, what is good, what has worked and what has not worked so well.
I note that the Government do not intend to be “hasty” in instigating such an overhaul, which is a word sometimes used when responding to reports and reviews. I am always sceptical when I hear from the Government such phrases as “keeping matters under review”, or “will deal with it in due course”. I am very much in favour of the Government introducing, reviewing and updating legislation on the back of evidence and careful policy consideration, and with the benefit of pre-legislative or post-legislative scrutiny reviews, which we have here, as my noble friend Lord Davies of Stamford and the noble Lord, Lord Mancroft, mentioned. It is a better way to legislate, and we have two recent examples from this House of how to do it and how not to do it.
The Modern Slavery Act was a comprehensive, world-class piece of legislation, tackling a real problem and getting it right. It became law after detailed consideration in this House and excellent pre-legislative scrutiny. Then there is the Housing and Planning Act 2016, which must rate as one of the worst pieces of legislation put on the statute book by a Government in recent times. Largely, the provisions contained in the Act—all devised on the back of an envelope from the Policy Exchange—have been formally dropped or quietly forgotten about.
I remember when I became a councillor, many years ago, to get permission to sell alcohol you had to appear in front of the licensing magistrates, as we have heard—a specific group of magistrates who had received specific training. But that all changed with this Act and these matters became the responsibility of the local authority. The new system has generally worked well, but it is a lot of work for councillors, in my experience.
One of the recommendations that I am not convinced about, although other noble Lords are, is the trial merging of planning and licensing committees. I serve on the planning committee of Lewisham Council and it is a significant time commitment. In Lewisham, every member of the authority has the option of serving on either the planning committee or the licensing committee. The licensing committee undertakes a significant amount of work and meets regularly. Members of both committees take their responsibilities seriously and receive training. I am not convinced, from what I have seen of this proposal, that it would enhance that, but I accept that it is different in other places, as I have heard from other noble Lords this evening. I very much agree with the comments of the noble Baroness, Lady Eaton.
The proposal from the committee was not to merge the two systems but to experiment with merging the two systems. That is a significant difference and worth considering. A complete change would, I agree, be inappropriate, but the proposal is to experiment in limited areas with that change.
I thank the noble Lord for that clarification. I am always happy to experiment and we could look at that, but in my experience, from what I have seen so far as a councillor in my own authority, the current system works well. In other places that may not be the case.
As I was saying, I agree very much with the noble Baroness, Lady Eaton, about the setting of fees locally. We had a similar debate about planning fees and my noble friend Lady Henig made the same point in her remarks. What is important is that whoever deals with these matters receives good-quality training that is refreshed at regular intervals. The noble Lord, Lord Smith of Hindhead, and other noble Lords made that point. Training is important and it should be refreshed regularly.
As to where the appeal goes, I am not opposed to looking at some other body rather than the magistrates’ court where they go at present. Expertise and knowing the local area are important, as is being properly trained, as I said. I would not want to see the appeal process being too remote. One benefit of local magistrates is that they are drawn from the local community.
The 2003 Act was never going to deal with the problems around excessive drinking and all the problems associated with alcohol misuse. There have been many benefits to the liberalising of the law. Many cities have developed thriving night-time offerings that have become an important part of the local economy, and that is to be welcomed. The noble Baroness, Lady Watkins of Tavistock, made the important point about the risks of selling alcohol to young people or them buying it online. I am well aware that the police and trading standards officers have initiatives whereby they send police cadets into off-licences and other premises selling alcohol to see whether they will be served, but that cannot be done when alcohol is bought online.
There are, though, serious problems with alcohol misuse and the link between alcohol misuse and violence is there for all to see. I have been spending a few weeks completing the Police Force Parliamentary Scheme and I am very grateful for the time the Metropolitan Police has given me and for showing me different aspects of its work. One of the most distressing things was my visit to the domestic violence unit at Greenwich, where a really professional group of officers do an excellent job and make a real difference. But it is distressing to be briefed on the real horror of domestic violence and then see the role that alcohol played in many, but not all, of the incidents the police had to deal with.
As part of the same scheme, I was present when a very drunk man was being violent on the streets and was arrested by police officers. He told them he had swallowed a bottle of pills, so the officers had to call for an ambulance. He was assessed at the scene and taken to A&E with the police officers. They had to remain with him while he was seen because he was very aggressive and violent and could have hurt himself or been a danger to others there. Of course, the officers were then unable to assist other colleagues if any other problems happened later that day. These are all serious problems related to alcohol misuse. It is all down to excessive drinking.
My noble friend Lord Davies of Stamford referred to how important the hospitality industry is to our economy, as did the noble Lord, Lord Smith of Hindhead. That leads on to the issue of off-sales and the reversal in terms of the amount of alcohol sold in premises licensed for alcohol to be consumed on those premises and alcohol sold through off-licences and supermarkets.
There is a very real problem with supermarkets, which can, using economies of scale, buy huge quantities of high-strength alcohol, usually lager, and sell it very cheaply. My noble friend Lord Brooke of Alverthorpe raised the importance of tax as a determining factor in the amount of alcohol sold. When noble Lords next go into their local supermarket, I suspect they will not get far before being met by a large beer mountain or maybe, at this time of year, a prosecco or sparkling wine mountain right next to it. These are issues that we need to deal with. My noble friend Lady Henig made a point about the growing problem of super-strength alcohol being sold in supermarkets and corner shops.
While there are some very good local voluntary schemes in place to deal with specific problems, we should look to other jurisdictions to see how they deal with the issue. I note that the committee made reference to and recommended the introduction of legislation based on that presently in force in Scotland, with amendments to the guidance presently in force in England in the meantime.
I agree with the noble Baroness, Lady McIntosh of Pickering, that a disability access statement for the premises is something the Government should quickly seek to introduce. I agree with the noble Lord, Lord Shinkwin, that holding another consultation is inadequate, but it is an unfortunate problem that we often experience across various parts of government. I have lost count of the number of consultation reviews that were introduced for mandatory electrical safety checks, despite the Government announcing from the Dispatch Box that they were going to introduce them.
Introducing this new legislation and guidance is very sensible. While people want to enjoy themselves, the massive change to more drinking at home cannot be a good thing, both for the reasons I highlighted earlier and the effect on our pubs, which are closing at a rate of nearly 25 a week—despite the valiant efforts of Pub is The Hub, CAMRA and other campaigns. The closure of such community assets is regrettable. I know that the Government see the value of local pubs. The Localism Act introduced the assets of community value scheme, but CAMRA does not recommend that members seek to list pubs any more because there have been unintended consequences as banks and financial institutions do not like the charge held over the premises. There have also been problems with landlords raising finance for pub improvements because they see the charge listed there. I know that the noble Lord, Lord Bourne, is looking at this matter; I have raised it with him previously.
When your pub is gone, it is gone and it is not coming back, despite the boom in new breweries selling a number of fantastic products. The issue of the late-night levy was addressed by the committee; I concur with the thrust of the report that business improvement districts, or something similar, should be explored and that the late-night levy should probably be abolished at an appropriate point. The committee also looked at live music; I think the Live Music Act 2012 has been very welcome, making a positive contribution to the live music scene with proportionate deregulation. The noble Lord, Lord Clement-Jones, deserves much credit for skilfully taking that Bill through your Lordships’ House. I agree with the committee that the Act is probably working broadly as intended.
I agree with the recommendations of the committee’s report on the need for some form of licensing on the airside of airports and, similarly, on the portside of ports. I totally agree with the comments of the noble Lord, Lord Blair, in this respect and hope that the noble Baroness, Lady Williams of Trafford, will take those concerns back to her department. I have been at airports early in the morning and seen people sitting there, drinking pints of high-strength lager at 8 am. It is just ridiculous. We need to deal with that. Getting on to a plane in a poor condition is just not good enough. We need to be careful and proportionate, but there are issues here that need to be carefully considered.
In conclusion, I thank the noble Baroness, Lady McIntosh of Pickering, for instigating this excellent debate, which has provided a number of important issues to be responded to by the noble Baroness, Lady Williams of Trafford.
(7 years ago)
Lords ChamberMy Lords, first, the Prime Minister was absolutely right to make it clear that President Trump was wrong to tweet videos from the extremist group Britain First. Such actions are no help in the fight against terrorism.
Secondly, does the Minister agree that the United Kingdom always has and always will fight terrorism wherever it comes from, with our police, security services and military keeping us safe 24 hours a day, and that people of faith—whatever that faith may be—and people of no faith coming together in communities, respecting each other, celebrating our differences and learning from each other, is equally important in fighting terrorism and the spreaders of hate? Will she and her colleagues in government look again at what they can do to remove these vile sites, such as that of Britain First, from the web?
I completely agree with the noble Lord. We will always fight terrorism, and we will fight it together in whatever form it takes. We should remember that our different communities and different faiths played a part in both the wars that we have fought together. As a society, we will not tolerate any divisions that seek to penetrate our communities. On the noble Lord’s point about going further to tackle activities on Twitter and other social media sites, Twitter now takes down 95% of illegal activity, but on the point about us working together as two nations, it is because of the US that we were able to talk to the CSPs about taking down such content from Twitter and other platforms, and we will continue to do that. We now have the online hate crime hub, Tell MAMA, which allows people to report Islamophobia, and the Community Security Trust as a repository for people to report anti-Semitism and related activity. We are absolutely determined to drive out all forms of hatred within our country, and this country should be rightly proud of the tolerance and respect that it has for other faiths and other communities.