Covid-19: Domestic Abuse

Debate between Lord Kennedy of Southwark and Lord Bates

Monday 29th June 2020 Lords Chamber

[The Deputy Speaker (Lord Bates) (Con)]

I call the noble Baroness, Lady Greengross. Baroness Greengross?

We will move on to the noble Lord, Lord Kennedy of Southwark.

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

My Lords, additional funding is welcome, but I do not believe that it is enough to cope with the surge of domestic abuse during the pandemic. Following on from the noble Lord, Lord Polak, what specific additional work are the Government funding to help children who could be victims or who witness this criminal behaviour, because of the trauma it causes and the risk that it will be normalised in the home as acceptable behaviour and carried on into future generations?

Retailers: Business Rates

Debate between Lord Kennedy of Southwark and Lord Bates

Monday 8th April 2019 Lords Chamber

[Lord Bates]

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

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

John Lewis said,

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

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

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

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

[Lord Bates]

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

Creditworthiness Assessment Bill [HL]

Debate between Lord Kennedy of Southwark and Lord Bates

Committee: 1st sitting (Hansard): House of Lords
Friday 11th May 2018 Lords Chamber

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

My Lords, I strongly support the Bill in its unamended form and do not support the amendments proposed by the noble Lord, Lord Blencathra. When the noble Lord responds to the debate, can he tell the Committee a little bit more about who the members of the Consumer Credit Association are? I do not know whether BrightHouse is a member of the CCA, but if he could tell us it would be helpful.

I grew up on a council estate in the 1960s and 1970s. Both my parents worked and made sure that they paid their rent—it was the first thing they ever did. My dad had two jobs to ensure that our rent and rates were paid. It is important that people who meet their financial obligations week in, week out have that taken into account when they seek credit. As the noble Lord, Lord Best, said, it is always the poor who pay more, and that is totally unfair—of course, that goes for many things in life. When I go into my local newsagent, I see people queueing up with their little fobs to get their electricity; they pay more. And there are other things—it is just unfair. What the Bill does, on which I congratulate the noble Lord, Lord Bird, is begin to make sure that, if you have a good credit record, that is taken into account properly, so that when you seek credit you can get a fair price and will not always have to pay the most.

[The Minister of State, Department for International Development (Lord Bates) (Con)]

My Lords, I thank my noble friend Lord Blencathra for moving the amendment, but before I turn to the amendments I shall make some general remarks about the noble Lord, Lord Bird, and his Bill. I should state categorically that the Government’s position is not one of opposition to the purpose he seeks and which so many noble Lords have spoken very powerfully about, which is to ensure that people’s rent or credit history is taken into account when credit decisions are made. The question is about the means by which we achieve that, whether this legislation is the right way to do it and whether we should seek to mandate it.

My noble friends Lady Gardner and Lady Wheatcroft were right to point out that, in effect, the amendments would undermine the Bill because they would give to the Financial Conduct Authority discretion, which in many ways it has at present, to act in these ways should it so wish. The underlying concern is very real, and it is shared by John Glen, the new Economic Secretary to the Treasury, who is working very diligently on this, and it is shared by the Government. We recognise the very real concerns of people on low incomes seeking to access credit.

The report of the committee chaired by the noble Baroness, Lady Tyler, to which the Government have responded, called in its recommendations for having a Minister for financial inclusion, and that is something we have made some progress on. Financial inclusion is very important, and we are building upon a series of measures that we have sought to introduce, starting with the cap on payday lending, to stop the exploitation that was happening, with some of the horrendous interest rates that my noble friend Lady Wheatcroft referred to.

One of the problems was that a lot of the poorest people did not have bank accounts. Therefore, we introduced basic bank accounts, which are fee-free accounts, to get people into that area. Another initiative, which the noble Lord, Lord Desai, talked about, is the use of technology: he referred to blockchain and fintech solutions, which I shall come to shortly. We see great potential in open banking, allowing people to share their bank records online—their payment history, their incomes and outgoings—with people from whom they might be seeking credit. Again, that may be something that helps in that area.

Several noble Lords talked rightly about the appalling way that the poorest in our society are preyed upon by illegal money lending—loan sharks, as they are referred to. In fact, John Glen, the Economic Secretary, announced less than a month ago, I think, that we will be putting another £5.5 million into the fight against illegal loan sharks in England, Scotland, Wales and Northern Ireland.

The noble Lord, Lord Hain—and, I think, the noble Lord, Lord Kennedy—made reference to credit unions. We see credit unions having a huge role to play in this area: that is one reason why the coalition Government introduced significant investment in credit unions and changed the way in which they can operate. Some £38 million was put into helping credit unions to form, to operate and to raise capital: we think they are a crucial part of seeking to tackle this type of exploitation.

--- Later in debate ---

[Lord Bates]

Just to update the noble Lord on this point: the money that has been announced will help investigate and prosecute illegal lenders and support victims and those vulnerable to loan sharks. Overall, this is a 16% increase in funding. In England £100,000 seized from loan sharks will be spent on encouraging people at risk of being targeted by loan sharks to join a credit union as an alternative. The quadrupling of funding will help vulnerable consumers access a safer form of finance and get their lives back on track.

[Lord Kennedy of Southwark]

We often hear that financial institutions are fined for doing things wrong. I know that those fines go into the general fund and are used for various things. One good thing they could be used for would be to support the credit union movement so that it can advertise the alternatives that are around. It is not just the monetary fines, it is the fact that the punishment is advising the public to go elsewhere and that there are cheaper alternatives. Often the credit union movement cannot have adverts in the Tube and on the buses and elsewhere, and it cannot fund phone lines. It would be useful and a good way to deal with fines from financial institutions. Perhaps the Minister will take that back to his colleagues in the Treasury.

[Lord Bates]

I am very happy to take that back. It is an example of the innovative ideas that we can discuss as alternatives to the measures before us today in terms of legislation. As the noble Lord was speaking, I was thinking of the Libor fines. Those sums were significant —some £600 million or £700 million—but the then Chancellor designated that they would be given to the families of servicemen and the emergency services. There is an example there. My point is that I think there are solutions which would better achieve the effect that the noble Lord, Lord Bird, is rightly trying to achieve.

Riot Compensation Bill

Debate between Lord Kennedy of Southwark and Lord Bates

Friday 26th February 2016 Lords Chamber

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, I, too, join noble Lords in paying tribute to my noble friend Lord Trefgarne on securing, bringing forward and outlining the Bill with such clarity today. The noble and learned Lord, Lord Brown of Eaton-under-Heywood, spoke of his profound regret when he discovered that he was to speak after the noble Lord, Lord Pannick, in this debate, such was the noble Lord’s powerful exposition. It is a challenge for me to have to come to the Dispatch Box after the noble Lord, Lord Pannick, the noble and learned Lord, Lord Brown, and my noble friend Lord Deben’s historical exposition of Lord Mansfield’s conflict of interest. I was led to believe that this would be an uncontroversial Friday morning Bill but of course it has not turned out to be quite like that. I will try to address a number of the issues.

I am sure that we are very thankful that serious rioting continues to be a rare occurrence in this country, but that is not a reason to be complacent. History has told us that a breakdown in order can occur at any time and we should not wait until victims are waiting for assistance before we improve the system to put in place support for them. The Government have used the time since the last serious riots to undertake an independent review followed by public consultation and to use these to create careful and considered new legislation. Her Majesty’s Government wholeheartedly support these measures, which represent the best possible replacement for the outdated and unsuitable Riot (Damages) Act.

The Bill addresses the need to protect public funds from unlimited liability while continuing to offer a vital safety net to communities recovering from the devastating effects of rioting. Based on the experiences of claimants, claims handlers and insurers, the Bill has been drafted in a way which is designed to be more flexible and responsive to the practical challenges that people face after a riot.

It is the Government’s intention that regulations will further enhance the measures set out in the Bill by providing the necessary details for claims handlers to improve consistency in decision-making and allowing flexibility for measures to be updated and adjusted in future. On that point, I say to the noble Lord, Lord Pannick, that the regulations will of course come before your Lordships’ House. In addition, the Government expect to produce guidance for both the public and claims handlers, as well as publicising these reforms so that potential claimants are well aware of the provisions in place to support them.

Having set out the Government’s position on that, I shall try to address some of the issues that were raised when the noble Lord, Lord Pannick, read the Riot Act in relation to the Bill. First, he made a number of detailed observations about apparent anomalies and differences in the way that highways and other issues are tackled. Rather than attempt to address these points individually, I shall be happy to write to him about them, placing a copy in the Library.

The noble Lord asked whether there was any hard evidence that people may not get insurance. In areas affected by riots, people can get insurance. However, the 2011 riots showed that a number of claimants simply could not afford insurance and, if the Act had not been in place, hundreds—not thousands—of people would have gone without compensation.

On the question of whether to allow the right to a judicial review of a case, the intention is to allow a right of appeal to a First-tier Tribunal. This is simply to enable more people to obtain an independent decision. The ability to take court action through a judicial review would have been beyond the financial ability of many who would have made a riot compensation claim.

In terms of police liability, the independent reviewer concluded that on balance, while the cause of riots can vary, their occurrence indicates a breakdown in law and order, and it is the responsibility of the police to prevent such a breakdown. This is a principle on which the 1886 Act is based and it remains valid today.

The noble Lord, Lord Pannick, then turned to international comparisons, saying that this was without precedent around the world. There is of course comparable legislation in Northern Ireland. The only other country where this legislation is in place that we have been able to come up with is Sweden.

On balance, for all the reasons that have rightly been identified, the Bill seeks to look at the outdated, anomalous and anachronistic legislation covering these important areas and seeks to update it for the modern era to ensure that, on the mercifully rare occasions when law and order breaks down and people’s lives and properties are affected, they have a means of redress which is both swift and fair for their purposes. The Government support the Bill.

[Lord Kennedy of Southwark]

I mentioned the victims of the 2011 riots and the fact that my honourable friend Steve Reed has found out that many victims have still not had a penny nearly three years after making a claim. Will the noble Lord confirm that he will talk to his right honourable friend the Prime Minister about that? Frankly, it is outrageous that three years on not a penny has been paid in some cases.

[Lord Bates]

Some cases are still going through the courts. They are the subject of litigation and controversy, and therefore I am not able to comment on them. Perhaps in the letter that we are going to write in response to some of the detailed points raised by the noble Lord, Lord Pannick, we can provide an update on where we are more generally in relation to compensation that is being paid.

[Lord Kennedy of Southwark]

That would be helpful. The noble Lord has used the word “swift” many times. Considering where we are now, I would not say that things have been dealt with swiftly.

[Lord Bates]

Perhaps that was not the best word to use. I am trying to recall the figure but I think that about 4,000 people have had their claims settled. Whenever there is an occurrence of this kind there will of course be significant disputes, often between the insurers and the authorities, about where liability rests. It may be that an individual has been compensated but the insurer is seeking to recover the amount. However, I will certainly look into that because, if matters have not been dealt with swiftly, the intention is that they certainly should be in future.

Immigration Bill

Debate between Lord Kennedy of Southwark and Lord Bates

Monday 1st February 2016 Lords Chamber

[Lord Bates]

Under one of the proposals introduced for stop-and-search powers, we are now collecting those data. The ability to make the statements that I have, about how stop and search has actually been reduced, is a very good thing. This is such a sensitive area but also one where I believe a significant amount of good work has been done in policing. We would not want anything in this to in any way undermine that wider effort to improve community cohesion and trust between the police and the communities which they serve. I would be very happy to organise a meeting with interested Peers between Committee and Report to explore this area further, to try to offer further reassurances and to hear more about any specific concerns.

[Lord Kennedy of Southwark (Lab)]

I do not think the noble Lord has really answered the concerns raised by my noble friend Lady Lawrence or by the noble Lord, Lord Paddick, who was an experienced police officer in the Brixton area—he talked about the problems of the Brixton riots and so on. Whatever the intentions of the provisions, there are real concerns about what will happen in practice. Could he say a little more about that?

[Lord Bates]

The noble Lord is right to point to the immense experience of many noble Lords who have spoken, such as that of the noble Lord, Lord Paddick, in policing and of the noble Baroness, Lady Lawrence, in representing victims of crime over many years. That is why I am suggesting, in the light of the concerns that have been expressed, that we ought to look at this. Sometimes there is an overfocus on this particular element, without recognising the wider context of the Bill. This is not being targeted simply through stop-and-search powers but is consistent with the wider aim to reduce the ability of people who are here illegally to live a normal life while in the UK—such as by having bank accounts, being able to rent properties, being able to work and gain employment, or being able to gain a driving licence. In the wider context, it fits, but there are some specific concerns here. It is a very sensitive area. Therefore, I am very happy to meet noble Lords to discuss it further.

Immigration Bill

Debate between Lord Kennedy of Southwark and Lord Bates

Wednesday 20th January 2016 Lords Chamber

[Lord Bates]

That is an important point. Students are of course exempt because their right to be in the UK will have been checked by their university in granting them accommodation. The fact that they are exempt is because those checks are happening, and the social sector is exempt because the checks are happening there. All we want is for those checks to happen in the private sector as well.

[Lord Kennedy of Southwark]

Can the Minister say a bit more about who is doing the evaluations? The points that the noble Baroness, Lady Sheehan, and the noble Lord, Lord Best, have made clearly could not be further apart.

[Lord Bates]

In that respect I might suggest that the partial solution which we came across for our last debate, which was on overseas domestic workers, was to look at organising a meeting in between Committee and Report. However, it would probably be more useful for the House to have the noble Lord, Lord Best, at such a meeting if he were willing to meet with colleagues on that basis. We would certainly be happy to facilitate one to explain more about the process, but we have tried to be as transparent as possible about this. It has been a long trial and there has been a thorough evaluation. It will also continue to be under review because this is not the completion of the process; we are simply talking about moving to the next stage of rollout, which is to England. There will be further opportunities for evaluation thereafter. I hope that, with those suggestions, I might have prevailed upon the noble Baroness to withdraw her amendment at this stage.

--- Later in debate ---

[Lord Kennedy of Southwark]

My Lords, this group of amendments contains some very sensible protections for landlords, who could find themselves in difficulties and at risk of prosecution and a fine, imprisonment or both, although they have taken all reasonable precautions and have no intention of breaking the law. Landlords, as has been said before, are not immigration officers. One of the concerns about this section of the Bill is that people will take reasonable precautions but will still find themselves in difficulties and possibly at risk of prosecution.

The amendment in the name of the noble Lord, Lord Howard of Rising, is both simple and effective, and he has made a compelling case here today: the landlord would not commit an offence if they had taken reasonable steps and there was no reasonable cause not to believe that other persons who met the first and second conditions were residing at the property.

Amendment 149 seeks to afford landlords protection when they are prohibited from evicting a tenant under new Section 33D(4), and Amendment 150, in the name of the noble Earl, Lord Cathcart, would protect landlords who were acting diligently to evict people who were disqualified as a result of their immigration status. Again, the noble Earl has made a compelling case as to why the amendment should be supported.

I have no issue with Amendment 153 in the name of the noble Lord, Lord Bates. The remaining amendments are in the names of my noble friend Lord Prosser, myself and the noble Baroness, Lady Hamwee. These important amendments would ensure that individuals and families could be evicted only following due legal process, by removing from the Bill the provisions to grant new and extensive powers to landlords outside the oversight of the courts. I say to the Minister that the Government really are creating a very difficult situation here. This whole part of the Bill puts significant pressure on landlords, with tough penalties and little protection, along with extensive new powers with no oversight by the courts.

There is a real risk here, as has been said by other noble Lords, that landlords will just not rent the property to anyone who looks as though they might be more of a risk, and great injustices could take place. To make it worse, the courts are to be excluded from the process of evicting people if they are resident in a property. This is not right, and the Government are going to have to make some movement on these matters again. I hope the Minister will agree to meet Peers who are interested in these matters and campaigners before we come back on Report.

[Lord Bates]

My Lords, I shall speak to Amendment 153 in my name and respond to the amendments spoken to by noble Lords. Government Amendment 153 provides powers for the Secretary of State to prescribe the form of the notice that the landlord must serve in relation to the eviction powers in new Section 33D, and the manner in which it is served. This amendment provides clarity and consistency to landlords, tenants and High Court enforcement officers about the circumstances in which High Court enforcement officers will be permitted to enforce a notice. The Secretary of State may prescribe the form or forms to be used by order, subject to the negative procedure.

I understand the concern that has been expressed thoughtfully and passionately, particularly by my noble friends Lord Howard of Rising and Lord Cathcart, that reputable landlords who have made a mistake or been deceived would be committing an offence immediately when they receive a notice from the Home Office that a tenant is disqualified from renting. However, I reassure them that the focus of these measures is on the minority of rogue landlords who deliberately flout the law. They are the intended target of the legislation, as the noble Lord, Lord Best, said in his excellent summary on the previous amendment. They are not intended to be used against reputable landlords who may have made a genuine mistake. In fact, if we look at the Bill in its present form, new Section 33A(3) says that the condition for an offence to be committed,

“is that the landlord knows or has reasonable cause to believe that the premises are occupied by an adult who is disqualified as a result of their immigration status”.

That threshold of proof, “knows or has reasonable cause to believe”, is very high.

The offences in the Bill are to do with landlords and agents knowingly renting to illegal migrants or doing so when they have reasonable cause to believe that they are doing so. They are not strictly about a failure to evict. While a desire to safeguard the position of responsible landlords is understandable, it would not be right to afford a grace period of 28 days to the worst offenders, such as the one that would result from Amendment 149. Such landlords deliberately rent to and may also exploit illegal migrants. Likewise, it would be difficult to be certain in any particular case what would constitute “proceeding diligently” for the purposes of Amendment 150. I am concerned that this would also provide rogue landlords with a way to avoid prosecution.

Amendment 148A is unnecessary because, under the right-to-rent scheme introduced by the Immigration Act 2014, the landlord should perform document checks to a reasonable standard. Should they do so, they will not be liable to a civil penalty, nor will they be subject to prosecution under this legislation unless they are explicitly notified or become aware when they undertake subsequent checks that an occupant is an illegal migrant.

[Lord Kennedy of Southwark]

Nobody here wants to protect the rogue landlords—all these amendments are about protecting the good landlords and they relate to genuine concerns about that. It would not be the first time that mistakes were made; people get things wrong, officials get things wrong. We are trying to ensure that we protect the good landlords, not the rogue ones.

[Lord Bates]

I accept that, and the noble Lord is making a genuine point. Certainly that is the intent, as we have said, behind the legislation. If evidence comes to light during the passage of this legislation through this House that that may not be the case, clearly the Government will want to take note of that, because it is explicitly not the intent to catch the vast majority of genuine landlords. There are a small number of rogue landlords.

Immigration Bill

Debate between Lord Kennedy of Southwark and Lord Bates

Wednesday 20th January 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, the amendments in this group are in the names of the noble Baroness, Lady Hamwee, and the noble Lord, Lord Paddick, with the exception of the final two, which are in the name of the noble Lord, Lord Bates. They are all concerned with Schedule 1 to the Bill and are generally technical in nature.

Amendments 78 and 79 aim to remove from the schedule amendments to the Licensing Act 2003, which would bring that Act into line with the proposals in the Bill. These amendments highlight the very unsatisfactory nature of the Bill that has been brought before us today, and for that reason, if nothing else, they are useful.

The next part of this group seeks to delete and insert certain words to make changes in emphasis and to clarify at what point action is sought to be taken. To remove the word “appropriate” and insert the word “necessary” in its place would raise the requirement from what is deemed “suitable” or “fitting” to achieve the objective or outcome to something where those exercising the power would have to be satisfied that it is “essential” or “indispensable” to achieve the desired outcome. I agree with the points made in this respect by the noble and learned Baroness, Lady Butler-Sloss.

I will not spend any more time on this as there will be more substantial debates later today, but I hope that the noble Lord, Lord Bates, will be able to answer the important points that have been raised in this initial debate. The final two amendments, which are in the name of the noble Lord, Lord Bates, seek to clarify further what is proposed in the provisions in the schedule, and I am satisfied with them.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, I thank the noble Baroness for speaking to her amendments. Before coming to the questions that have been asked, I will briefly speak to Amendments 92 and 93 in my name. Schedule 1 to the Bill concerns the powers to prevent illegal working in premises licensed to sell alcohol or provide late-night refreshment in England and Wales. These are two technical amendments to Schedule 1 which aim to ensure that those who have applied for a premises licence or a personal licence for the sale of alcohol or the provision of late-night refreshment, and who have not had a decision on that licence application before these provisions have commenced, will have their application determined on the basis of the licensing law in force at the time they made their licensing application.

Amendments 78 to 91 are proposed by the noble Baroness, Lady Hamwee. Schedule 1 integrates protection against illegal working into the existing licensing regime, including by adding the Home Secretary to the list of responsible authorities for the purpose of the Licensing Act, by making the prevention of illegal working an objective of the licensing regime and by requiring licence applicants to have the requisite right to work. The amendments proposed by the noble Baroness would adjust the threshold at which the Secretary of State may object to a licensing application. They would permit a court to consider whether the appellant has been granted leave to enter or remain in the UK after the date of the decision being appealed against, in effect duplicating the proper role of the tribunal—the Immigration and Asylum Chamber. The amendments would also make changes to the proposed “entitlement to work” definition from the Licensing Act 2003 to prevent immigration status and, in particular, the lack of it being relevant to alcohol or late-night refreshment licensing decisions.

We do not believe that these amendments would achieve the objective of preventing illegal working in this high-risk sector. They would not provide the necessary clarity for licensing authorities or the Home Office in respect of the proposed power to withhold personal and premises licences based on the absence of the applicant’s right to work in this sector or concerns about the risk of illegal working in the premises concerned. They would also result in inconsistency with the standards employed in the wider licensing framework. Changes made by the Police Reform and Social Responsibility Act 2011 have given licensing authorities greater power to tackle alcohol-related crime and disorder, and it is appropriate that the same level of evidence and discretion is also afforded in respect of the prevention of illegal working.

The Home Office decision to object to the issue of a premises licence to prevent illegal working will not be taken lightly. Schedule 1 makes it clear that the Secretary of State may object only where she is satisfied that the exceptional circumstances of the case are such that issuing a licence would be prejudicial to preventing illegal working. Schedule 1 also provides the necessary clarity on the circumstances in which a person’s immigration status should render them ineligible to hold a licence to sell alcohol. The proposed amendments would permit an individual to apply for a licence even though they are not permitted to work in the UK, or where their immigration status prevents their doing work related to licensable activity. This cannot be right. An applicant who has been refused a licence but is subsequently granted leave would simply need to make a fresh application and include the required information that provides evidence of immigration status.

Let me turn to some of the particular points that were made. The noble Earl, Lord Sandwich, asked what evidence exists that this is a particular problem. Of the civil penalties served for illegal working in the year to June 2015, 82% were served on the retail industry or hotel, restaurant and leisure industry sectors. A large proportion of these sectors hold premises or personal alcohol licences. Enforcement activity is decided as a consequence of intelligence and does not affect only companies that employ a small number of employees.

The noble Baroness, Lady Hamwee, asked what consultation had taken place. The changes proposed to the Licensing Act in the Bill have been subject to consultation with interested partners, including licensing authorities, the police, and representatives of the licensed trade. The consultation was undertaken last summer via a number of workshops, which were attended by the Local Government Association, the Institute of Licensing, licensing officers from seven licensing authorities, representatives of the national policing lead on alcohol, and the police and crime commissioner lead on alcohol. The second workshop included industry partners such as the British Beer & Pub Association, the Association of Convenience Stores, the Wine and Spirit Trade Association and the Association of Licensed Multiple Retailers. These partners provided a significant contribution to shaping our proposals.

Let me turn to perhaps the most interesting point, raised by the noble and learned Baroness, Lady Butler-Sloss, which is the subject of most of the amendments in this group: the use of the term “appropriate”. This was introduced across the licensing regime in the Police Reform and Social Responsibility Act 2011. We want the test in standards to be consistent across the two pieces of legislation. If we ended up with a differently worded test in the Bill before us, that might require consequential changes to the 2011 Act to bring them into line. I have listened carefully to the arguments that have been made and the point made by the noble Lord, Lord Kennedy, on behalf of the Opposition, and I am very happy to look at this issue ahead of Report to see whether any change is needed. However, that is the rationale for the choice of language.

With that assurance, I hope that the noble Baroness will feel able to withdraw her amendments, and in doing so I commend my amendments to the Committee.

--- Later in debate ---

[Lord Kennedy of Southwark]

My Lords, this group comprises a large group of government amendments in the name of the noble Lord, Lord Bates, and a number of amendments in the names of the noble Baroness, Lady Hamwee, and the noble Lord, Lord Paddick. It is clear that the government amendments are included to make matters clear and consistent across all relevant lines of legislation. That in itself is a good thing. But for me that further illustrates the point that this legislation has been rushed and ill thought out and these revisions should have been in the Bill from the start.

Also, the Secretary of State is given powers in these government amendments to amend fine amounts by secondary legislation. That may be perfectly acceptable in this case. But the Government like their secondary legislation, hiding behind the limited ability of Parliament to hold them to account in such circumstances, but that I think is a wider issue for the House.

I have looked at the amendments put down by the noble Baroness, Lady Hamwee, and the noble Lord, Lord Paddick, and with respect to Amendment 117, they have a good point to make. It is not unreasonable for the courts to take into account that, after the date of a decision being appealed against, the person has been granted leave to remain in or enter the UK.

I take it that the other amendments are probing in nature in order to assist the Committee in further understanding the intention of the Government and satisfying noble Lords that what is being proposed is achievable, and of course they can be retabled later in the course of the Bill if we think it necessary. I very much accept the point made by the noble Baroness, Lady Hamwee, that these are important issues that concern people’s livelihoods.

[Lord Bates]

My Lords, I understand the nature of the amendments and I understand them better now that the noble Baroness has spoken to them. At the same time, I should like to provide some reassurances on the points she has made, in respect of taxi and private hire licence holders who have limited leave to be in the UK, that any licence granted must be for the full duration of the leave period. This fails to recognise that taxi and private hire licences cannot be granted for more than three years, while operating licences cannot be granted for more than five years. As the licence holder’s immigration leave may expire after the relevant maximum licence duration, the Bill must enable licences to be granted for a shorter period.

Amendments 99B, 99D, 101, 106, 118B, 122, 126 and 131B relate to leave being extended by virtue of Section 3C of the Immigration Act 1971 when a person makes an application in time for an extension of leave, an administrative review or an appeal. While I appreciate the reasons behind these amendments, the Government believe that it is reasonable to limit the duration of a licence issued during a period of Section 3C leave to six months. The provisions would not work in practice without a stated duration, since licensing authorities cannot grant licences of unspecified duration. The six-month duration mirrors the period of an excuse provided to an employer who performs a right to work check on a migrant during a period in which they may have Section 3C leave to remain. If at the end of the six-month period the licence holder has been granted further leave, he or she will be able to demonstrate this leave and obtain a new licence.

Amendment 117 has already been considered by noble Lords in the context of alcohol and late night refreshment licences. The purpose of an appeal is to ascertain whether the original decision was correctly made. It would therefore not be appropriate for the court to consider a subsequent immigration decision. An appellant who has subsequently been granted leave would need to make a fresh application and include the required information which provides evidence of immigration status.

Amendments 120 to 124 would require the Secretary of State to consult licensing authorities and Transport for London before issuing relevant guidance on whether an applicant is disqualified from holding a licence because of their immigration status. This will be done anyway. In formulating these provisions, the Home Office, with the assistance of the Department for Transport, consulted the Local Government Association, licensing authorities, the Institute of Licensing and Transport for London.

In the light of this explanation, which I hope has addressed the key points made by the noble Baroness, Lady Hamwee, and the noble Lord, Lord Kennedy, I hope that she feels reassured enough not to press her amendment.

Immigration Bill

Debate between Lord Kennedy of Southwark and Lord Bates

Monday 18th January 2016 Lords Chamber

[Lord Kennedy of Southwark]

My Lords, this amendment and the two other amendments in both my name and that of my noble friend Lord Rosser are very straightforward and come to your Lordships’ House following the concerns raised by the report of the Constitution Committee published on 11 January. The amendments require the consent of the relevant devolved institution before regulations can be made covering their nation. The clauses that these amendments seek to amend presently allow the Secretary of State to by regulation make provisions in the other nations that would have similar effect to the provisions enforced in England—English provisions.

The Government take the view that the clause does not engage the conventions so the legislative consent Motions are not required. This has been disputed by many interested parties including the Law Society of Scotland, for example. It would be helpful for the House if the noble Lord, Lord Bates, in responding could set out carefully the reasoning behind the Government’s decision not to seek approval via the legislative consent Motion process. I am also grateful to the Constitution Committee for highlighting the differential legislative approaches adopted in respect of England and other parts of the United Kingdom and the difference in the degree of scrutiny that that implies. I for one am not convinced that this is a good way to handle these important matters. Again, I would be grateful if the noble Lord, Lord Bates, could outline why he thinks this is appropriate. I beg to move.

[Lord Bates]

I am grateful to the noble Lord, Lord Kennedy, for moving the amendment and giving me an opportunity to say more on the record. I also pay tribute to the work of the Constitution Committee. I know that a number of recommendations in the report will have further bearing on our discussions in Committee. However, immigration is a reserved matter and the subject matter of all these amendments relates to parts of the Bill that remain within the immigration reservation which have not been devolved or transferred to a devolved legislature.

Amendment 72A relates to the measures to prevent illegal working on licensed premises. The Bill integrates protection against illegal working into the existing licensing regime, including by adding the Home Secretary to the list of responsible authorities for the purpose of the Licensing Act, by making the prevention of illegal working an objective of the licensing regime, and by requiring licence applicants to have the requisite right to work. The noble Lord, Lord Kennedy, raised the questions posed by the Constitution Committee on whether legislative consent Motions will be required. The legislation has a reserved purpose. It is necessary to amend devolved licensing laws in consequence of that reserved purpose. Legislative consent from devolved legislatures is not required.

We have consulted the devolved Administrations as the provisions have been developed. Alcohol and late-night refreshment licensing legislation in Scotland and Northern Ireland is complex and, in the case of Scotland, that legislation itself is subject to prospective amendment by the Scottish Parliament. We have therefore been working with the Scottish and Northern Irish Governments on the provisions to ensure that they can operate effectively within their licensing regimes. This work is ongoing and will continue in order to make equivalent provisions in regulations, using the order-making powers in the Bill once it has come into force.

Amendment 157A relates to the provisions in the Bill about residential tenancies. These provisions restrict the access of illegal migrants to private residential accommodation in the UK and concern the reserved area of immigration control. This is not an area in which Wales, Scotland or Northern Ireland have the competence to legislate and their consent is not required for the UK Government to legislate in this area. It is therefore inappropriate for the application of the residential tenancy provisions in the Bill to the rest of the UK to be subject to the consent of Wales, Scotland and Northern Ireland. It could lead to separate immigration controls applying in different parts of the United Kingdom, which would be to no one’s advantage, and to illegal migrants moving to jurisdictions which are perceived to be more lax.

Amendment 236A relates to provisions in Part 5 which will make it easier to transfer unaccompanied migrant and asylum-seeking children from one local authority to another and enable the Secretary of State to require local authorities to co-operate in the transfer of unaccompanied migrant children from one local authority to another, should voluntary arrangements fail. Immigration is a reserved matter, and immigration legislation already provides a UK-wide framework for migrants’ access to local authority services. The dispersal of migrant children is not an area in which Wales, Scotland or Northern Ireland have the competence to legislate and their consent is therefore not required for the UK Government to legislate in this area. The Government have been clear that they hope that the arrangements will remain voluntary and have been liaising with the devolved Administrations to see how this might extend to Wales, Scotland and Northern Ireland, but we must avoid the repetition of the situation we saw in Kent in the summer, so we will enforce dispersal if necessary to promote and safeguard the welfare of children. The regulations in Clause 43 are subject to the affirmative resolution procedure, so they will be scrutinised by Parliament before they come into law.

I will write to the Constitution Committee shortly to respond to its helpful report in more detail. Further, the Government propose to publish the text of the licensing regulations to extend the measure to Scotland and Northern Ireland before Report. We are unable to produce regulations immediately on residential tenancies because we are working out how this will interplay with the Private Housing (Tenancies) (Scotland) Bill currently making its way through the Scottish Parliament. On the final measure in respect of children, discussions continue with the devolved Administrations.

I hope that in the light of these reassurances and the commitments I have made this evening the noble Lord will feel able to withdraw his amendment at this stage.

[Lord Kennedy of Southwark]

My Lords, I thank the Minister for his helpful response. At this stage, I am very happy to withdraw my amendment. I will look at the record when it is published and reflect on it. I beg leave to withdraw the amendment.

Immigration Bill

Debate between Lord Kennedy of Southwark and Lord Bates

Monday 18th January 2016 Lords Chamber

[Lord Kennedy of Southwark]

My Lords, Amendment 12, moved by the noble Baroness, Lady Hamwee, puts in the Bill a new clause that puts beyond doubt that this part of the Bill cannot be used to permit the alteration of a strategy of a person entitled to prepare a labour market enforcement strategy paper. This is a sensible addition to the Bill and one that I hope the Minister—whether it is the noble Lord, Lord Bates, or the noble Lord, Lord Ashton, who responds—will be able to support, or at least agree to look at carefully and perhaps bring something back on Report.

I am not sure that Amendment 14, also proposed by the noble Baroness, Lady Hamwee, would bring much to the clause, although I am not against it in principle. Amendment 38 makes it optional for the Director of Labour Market Enforcement to,

“gather, store, process, analyse and disseminate information”.

I have given thought to the amendment and listened to the reasoning behind it. In fact, it may be quite useful to have this information, but the noble Baroness made some excellent points about resources and the useful work already done by the Gangmasters Licensing Authority.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, I thank the noble Baroness, Lady Hamwee, for giving us the opportunity to discuss this important area further and to look at the production of an evidence-based, annual labour market enforcement strategy as a key part of the role of the Director of Labour Market Enforcement. By following a single, overarching strategy with a shared view of risk, enforcement will be better co-ordinated and more effective.

A real concern was expressed during the consultation exercise on labour market enforcement, which has been referred to. The Government have of course responded to that, giving rise to the amendments referred to earlier. In many ways, this touches on the point raised by the noble and learned Baroness, Lady Butler-Sloss. In terms of responsibility for strategy, the Gangmasters Licensing Authority currently reports up to the Home Secretary. Initially, it was I think part of Defra, but it was moved across to the Home Office because we felt that that was a more logical place for it to sit, particularly in the light of the introduction of the Modern Slavery Act. So the authority refers up to the Home Secretary, while the HMRC national minimum wage team feeds up its strategy to the Secretary of State for Business, Innovation and Skills, as does the Employment Agency’s standards inspectorate. So at the moment there are two different reporting lines. The proposal is that, rather than effectively having two separate reporting structures, there is an initial feed-in to the Director of Labour Market Enforcement, who then reports to the joint Secretaries of State. That may in fact result in fewer problems.

Amendments 12 and 14 appear to limit the director’s proposed role by not permitting his strategy to alter the strategies set out by any of the other enforcement bodies or by not binding the enforcement bodies to delivering the director’s strategy. The director’s strategy is not intended to undermine or take precedence over the enforcement bodies’ strategies; rather, we expect those strategies to be informed by the director’s strategy as they contribute to tackling labour market exploitation.

The GLA board will continue to be responsible for delivery of the GLA’s functions. What will change is that the delivery of those functions will sit within a wider vision of tackling labour market exploitation, an issue I will address in due course. The Government’s amendments will add the functions of the GLA board to the list of labour market enforcement functions. Furthermore, the GLA board will have a duty to exercise its functions in accordance with the director’s strategy. We believe that this will ensure that the enforcement bodies and the director can work together more effectively.

Amendment 38 brings me to the intelligence hub. Clause 6 as drafted gives the new director the duty to lead an intelligence hub that forms a coherent view of the nature and extent of exploitation and non-compliance in the labour market—something that the consultation and the Committee have accepted as being absolutely necessary. The director will use the information gathered to formulate the annual strategy for labour market enforcement. It is essential that the director have the power to gather information from those involved in labour market enforcement to enable them to set the annual strategy. Without this, the strategy will not be evidence-based and will therefore be unable to improve the effectiveness and co-ordination of enforcement, which is our objective. If the duty on the director to gather information was removed from Clause 6, that would lead to a different role than the Government have committed to creating.

To enable the intelligence hub to work, we intend to create a statutory framework to enable information and intelligence to be shared appropriately, with the necessary safeguards. We will bring forward amendments at Report to achieve this. I reassure noble Lords that the new intelligence hub will not replace existing information-gathering arrangements in the individual enforcement bodies, which I know was a point of concern. They will continue to gather and analyse their own data in order to plan their own operational activity. This will then be fed into the new intelligence hub and the director’s strategic plan, providing an up-to-date picture of areas where workers are at risk of abuse. However, the director’s intelligence hub will be wider. It is important that the director have the power to exchange data and intelligence with other enforcement bodies whose legislation is often breached by the same rogue businesses.

I also reassure noble Lords that we are in the process of identifying what resources, including IT infrastructure, will be required to enable the new information hub to be effective, and that the Government recognise this is just as important as creating the statutory framework. I hope my explanation will be helpful to the noble Baroness and that she may therefore feel able to withdraw her amendment.

Immigration Bill

Debate between Lord Kennedy of Southwark and Lord Bates

Monday 18th January 2016 Lords Chamber

[Lord Bates]

Well, I have to say in that respect, I have not turned over two pages, but I may well be on to the next group. If so, and with that helpful prompt from the ever-helpful Baroness, I give way.

[Lord Kennedy of Southwark]

I thank the Minister for his helpful explanations of his remarks. Will he confirm that, because of the situation we find ourselves in with these amendments coming at such a late stage—civil society will want to look at them again—there will be plenty of time outside the Chamber for noble Lords and campaigners to meet the Minister to discuss these things in more detail?

[Lord Bates]

I can certainly say that. That is a very helpful intervention on a number of levels. I know that officials found our meetings last week and before Christmas very helpful. I think that that will continue to strengthen the work of the Committee. With that, I will pause my remarks and hope that the noble Baroness will feel able to withdraw her amendment at this stage.

Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 3) Order 2015

Debate between Lord Kennedy of Southwark and Lord Bates

Tuesday 22nd December 2015 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I support the order before the House. As the noble Lord, Lord Bates, said, it would be in effect for a maximum of 12 months, by which time a decision would be made on whether MPA should be subject to a permanent ban. I shall not attempt to pronounce the name in full but will stick with the abbreviation. I am sure that the noble Lord will come back on the points made by the noble Lord, Lord Colwyn.

I echo the comments of the noble Baroness, Lady Hamwee, in respect of the work, and the walks, that the noble Lord does in the recesses. I will leave it there.

[Lord Bates]

I am very grateful. I should perhaps explain to the House that the reason for my slight struggle was that I was not only trying to pronounce those words but, at the same time, was feeling the symptoms that I was reading out of an abnormally fast heart rate, anxiety, a panic attack, perspiration, headaches and nausea. My inability to pronounce the medical terms was due to my having to pause slightly to compose myself. I am grateful for the patience of the House.

I shall deal with where we are with the Psychoactive Substances Bill. We expect the Bill to reach its Commons Report stage and Third Reading early in the new year, and I hope noble Lords’ consideration of Commons amendments will follow shortly after that. Explanatory notes on the Commons amendments will be published in the usual way once the Bill leaves the Commons. The noble Lord, Lord Rosser, and the noble Baroness, Lady Meacher, among others, will have seen letters from the Policing Minister detailing the government amendments made at the Commons Committee stage.

Schedule 1 to the Bill lists substances exempted from the scope of the Bill. Medicinal products as defined by the Human Medicines Regulations 2012 are included in that list. The definition of medical products, as in regulation, includes herbal medicines. Therefore, herbal medicines covered by the regulations are excluded from the scope of that Bill. I hope that offers some reassurance to my noble friend Lord Colwyn and clarifies the communication that I had with the noble Lord, Lord Hunt.

The Chief Whip is here, so I need to be on my best behaviour, but let me just say that I have no plans to engage in further walks over the Christmas period. I will be back on duty for the Immigration Bill on 11 January as required. However, I am very grateful for the kind words that have been said. We heard about the tremendous work being done by many charitable bodies this Christmas. I was thinking in particular of the Red Cross walk this year, which managed to raise more than £90,000 for its work in China and the UK. It is a tremendous privilege for us all, I know, to do anything that we can to support the many people who at times such as this are helping and caring for those in greatest need in our country and on our planet.

Finally, the Bill will go through Report and Third Reading early in the new year. That completes the business before us and I commend the order to the House. I join others in wishing noble Lords on all sides of the House a very merry Christmas.

Equipment Interference (Code of Practice) Order 2015

Debate between Lord Kennedy of Southwark and Lord Bates

Monday 7th December 2015 Grand Committee

[Lord Kennedy of Southwark (Lab)]

My Lords, the orders before us today are important. They are tools to obtain evidence of suspected wrongdoing. I can tell the noble Lord that the Opposition support both orders, although we have some concerns. There has to be a balance between the scope of the powers exercised by the state and the rights of individuals who are subject to the exercise of those powers.

The noble Lord will, I am sure, be aware of the concerns raised by the Bar Council in relation to legal privilege. It would be helpful if he could say something about the safeguards against interference with privileged communications and, in particular, how the equipment interference order could result in the acquisition of matters subject to legal privilege, as well as what steps are being taken to mitigate such a risk. What I am looking for today from the noble Lord, Lord Bates, is more reassurance that the balance has been properly fixed. Clearly, technology is moving very fast and I am supportive of the Government ensuring, on the one hand, that the powers are appropriate and up to date and, on the other, that the procedures are properly codified and people’s rights are respected. I also understand that the orders are likely to be in force for only a short time, as of course we will be having the new Bill, which has to be on the statute book by the end of next year.

It would be helpful if the noble Lord could explain to the Committee a bit more about the safeguards that are in place, particularly in relation to the interception of communications code. Can he also say a bit more about the equipment interference code? As he said, it confers no new powers but simply sets out those powers and the safeguards that are in place. The noble Lord, Lord Paddick, suggests that new powers are being conferred, so the comments of the two noble Lords contrast somewhat. Therefore, we need to be clear about whether there are new powers in this code. If the noble Lord says that there are not, can he set out for the Committee why he believes that he is correct and the noble Lord, Lord Paddick, is wrong in that respect? Having said that, the Opposition support the orders.

[Lord Bates]

First, scheduling business is a matter entirely in the inscrutable hands of the Whips’ Office and usual channels. The Home Office has no influence on that. I take it that the noble Lord, Lord Paddick, was referring to the noble Lord, Lord Strasburger, who plays a very important role in the pre-legislative scrutiny of the investigatory powers Bill at present. Of course, we appreciate his expertise in this area. I am sure he will bring that fully to bear when the Bill comes before your Lordships’ House later. Let me try to deal with some of the points that the noble Lord, Lord Paddick, raised.

One was: why choose to do this now when we have legislation going through? I alluded to part of the reason in my opening speech, relating to current or recent cases that have gone through the Investigatory Powers Tribunal service. There is always a balance to be struck there. The legislation proposed is just that: it is proposed—it is not on the statute book. We need to make sure that the powers are in place appropriately and that the code is kept up to date for the purposes of activities that happen in the interim.

That is an important element as well, which I would convey through the noble Lord, Lord Paddick, back to the noble Lord, Lord Strasburger. Given the noble Lord’s strong interest in these areas, I assume he would welcome these codes of practice being kept up to date in the light of case law going through the tribunal and, in particular, in relation to equipment interference. Effectively, there are now 18 pages of guidance that were previously not in the public domain. Those can now be scrutinised and reviewed. They are there to be reviewed by the committee currently sitting, should it so wish. All the way through this process with investigatory powers legislation, we are trying to make sure, at the same time, that the security services have the tools they need to do their job and that we keep the public on our side in feeling that the powers exercised—which are intrusive in certain cases—are necessary and proportionate.

I pay tribute to the work of the noble Lord, Lord Jones, on the Intelligence and Security Committee in the other place. He knows all too well about the work going on. In that context, he will be aware that the powers we are talking about are not notional or academic. Elements of investigatory powers are deployed in response to the majority of serious and organised crime, such as the seven terrorist acts over the past year prevented by the security services. I certainly join the noble Lord in paying tribute to the work those services do to keep us safe.

I shall deal with some of the other issues raised. I will come back to the point raised by the noble Lord, Lord Kennedy, that in a sense our argument is that there is nothing new here and, at the same time, we are introducing some new measures. I will be able to tell him what is new in this.

The noble Lord, Lord Paddick, asked if, before now, it was an offence under the Computer Misuse Act to interfere with equipment. The answer is no. The powers to undertake equipment interference are contained in the Intelligence Services Act 1994 and the Police Act 1997, so we do not believe that at any point the police or security services have operated outside their powers. The noble Lord asked about the number of thematic equipment interference warrants that have been requested. That information is not collected centrally at present. Of course, we also have as part of the investigatory powers a quite sophisticated system of commissioners who oversee these processes, to whom those who feel that their rights have been trespassed on wrongly can go to seek redress—either directly through the commissioner or through the tribunal. Of course, that happens.

Syrian Refugees: Settlement in the UK

Debate between Lord Kennedy of Southwark and Lord Bates

Monday 7th December 2015 Lords Chamber

[Lord Bates]

I read that report, which I think is good. We are looking at it and it raises a number of issues. Under the unaccompanied asylum-seeking children scheme—UASC—there is an additional level of guidance from the Department for Education, and the Minister for Children and Families, Edward Timpson, has lead responsibility for it. Also, we cannot get away from the fact that although the Home Office might have such responsibility under the Children Act 1989, local authorities have the statutory duty of care for any children under their care, whether or not they are asylum seekers.

[Lord Kennedy of Southwark (Lab)]

My Lords, can the Minister tell us exactly why progress has been so slow in getting these refugees to the UK, and what work has been done with the UNHCR in organising migration with the refugee community to get the refugees here?

[Lord Bates]

It is a slow process because we are undertaking the vetting and prioritising procedure in the camps in Jordan, Lebanon and Turkey with the UNHCR. The UNHCR undertakes its checks, as then does the Home Office. It is a lengthier process at that end, but the whole purpose of the vulnerable persons scheme is that, once they are given leave to remain or international protection, they come to this country and do not have to go through any such process. They have accommodation to go to, they have schools, hospitals and medical care, and benefits if they need them. Therefore, although it is taking slightly longer at that end, we hope that that will shorten the process when they actually arrive here.

Modern Slavery Act 2015

Debate between Lord Kennedy of Southwark and Lord Bates

Monday 26th October 2015 Lords Chamber

[Lord Bates]

The noble Lord will be aware that, last week, the Anti-slavery Commissioner produced his report—his strategy document—as he was required to do under the Act. He has set a very clear measure as to where he is focusing: the identification of victims, and the need to encourage prosecutions. As a former police officer, he is well placed to do that. In a lot of cases, it is not a resource question; it is an issue of will and intelligence to identify those people who are at risk to ensure that the perpetrators are tackled and those who are victims are helped.

[Lord Kennedy of Southwark (Lab)]

My Lords, I just want to say that I should have declared that I am a local councillor when I asked my Question earlier on. I apologise and declare it now.

Advertising of Prostitution (Prohibition) Bill [HL]

Debate between Lord Kennedy of Southwark and Lord Bates

Friday 23rd October 2015 Lords Chamber

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, I join all other noble Lords in paying tribute to my noble friend Lord McColl. As someone who is passionate and informed in trying to improve and reform our society, he epitomises all that is good about this House. Of course, he is the principal architect of the Modern Slavery Act, which has now come into effect. As the right reverend Prelate the Bishop of Derby rightly observed, those who are trafficked are often trafficked in connection with prostitution, and therefore that legislation will be effective in tackling this problem.

Before I come to the details of the Bill, I want to set out what the Government are doing in this important area. I will then make a few comments on the practicalities of the Bill and talk about where we go from here.

First, I make it absolutely clear that we are committed to tackling the harm and exploitation that can be associated with prostitution. We believe that people who want to leave prostitution should be given every opportunity to find routes out of it. Like the noble Baroness, Lady Gale, and the noble Lord, Lord Kennedy, I pay tribute to all those organisations that work in the field of prostitution helping people to find a way out of this lifestyle.

Regardless of the legal position of prostitution in the UK, the law on rape and sexual assault is clear and unequivocal. We expect every report of sexual violence and rape to be treated seriously from the time it is reported, every victim to be treated with dignity, and every investigation and prosecution to be conducted thoroughly and professionally. This is a core strand of our wider work to eradicate violence against women and girls.

We recognise that prostitution is a complex issue that can impact on individuals and communities in different ways. Local areas and police forces are in the best position to identify and respond to the issues around prostitution in their area.

We all recognise the harm and exploitation that can be associated with prostitution. I assure the House that the Government are absolutely committed to tackling those harms. We are working across government and beyond to tackle exploitation in all its forms. This vital work is underpinned by rightly ambitious strategies focused on violence against women and girls, modern slavery and child sexual abuse.

In March this year, the previous Government outlined progress in tackling violence against women and girls over the period of the last Parliament. Our commitment continues. The previous Government ring-fenced £40 million to support victims of domestic and sexual violence—£10 million per year—and this Government are continuing that funding to April next year. In addition to that £10 million, the Government have provided an uplift of £7 million for services specifically for victims of sexual violence, and an additional £13 million for domestic abuse services, including refuges. We are currently developing a refreshed version of our strategy to be published later this year. This will set out how we will meet our manifesto commitment to provide a secure future for refuges, female genital mutilation and forced marriage units, and rape crisis centres.

Noble Lords will be aware of our concerted efforts to tackle modern slavery. Indeed, many were instrumental in their support for the Modern Slavery Act, including the noble and learned Baroness, Lady Butler-Sloss, and the right reverend Prelate. The Bill received Royal Assent in March and brings in a range of powers and measures to prevent exploitation and support victims.

Our Modern Slavery Strategy, published in November 2014, sets out the wider non-legislative work under four headings, the first of which is to pursue the organised criminals and opportunistic individuals behind the modern slavery trade. On this point, the noble and learned Baroness spoke of the people she visited in a prison setting in Romania who were responsible for trafficking. I hope that such people would now be captured, either under the Serious Crime Act or the Modern Slavery Act. That is, of course, something that ought to be clamped down on, and the proceeds of crime which that person was benefiting from would be taken from them.

Tackling child sexual abuse and exploitation is a top priority for the Government. The Home Office is leading on a cross-government programme to deliver the commitments departments made in the Tackling Child Sexual Exploitation report and the national group action plan. That includes recognising child sexual abuse as a national threat in the strategic policing requirement.

I now turn to the specific proposals in the Bill. Noble Lords will know that existing legislation regarding prostitution is contained in a number of Acts and has developed over time. The acts of buying and selling sex are not illegal in themselves—a point that the noble Lord, Lord Davies, made very clear. However, certain exploitative activities are specific offences. These include the running or managing of brothels, for example, or controlling prostitution—the point that the noble Baroness, Lady Gale, began with. In this context, noble Lords will be aware that it is already against the law to advertise activity that is itself illegal; for example, sex with trafficked individuals or those under the age of 18. This reflects a widely accepted emphasis on protecting the vulnerable. In terms of public nuisance, it is illegal to place advertisements relating to prostitution around public telephones.

The Bill proposed by my noble friend Lord McColl would go significantly further by prohibiting all forms of advertising for prostitution, including online. It is a proposal that deserves our attention today. I do not want to reopen the debate that took place across the Floor of the House on the wider issue of prostitution. It is clear that the issues raised in this Bill are specific but that, at the same time, they must be seen in that wider context. The noble Lord, Lord Morrow, quite rightly drew attention to his own experience from the legislation in Northern Ireland, where it is a devolved matter and where they are entitled to take such an approach. I put on record two points which are material: first, the Government will follow closely the experience in Northern Ireland as that legislation is implemented; secondly, referring to my noble friend Lord McColl’s conversation with the Independent Anti-Slavery Commissioner, the whole point of having such a commissioner is that he is independent. I take seriously what he has said to my noble friend and will follow up on it.

Notwithstanding these contested issues, there is a practical point to make on the application and enforceability of a prohibition on advertising. Noble Lords may be aware that most advertisements for prostitution are not explicit—they are couched in euphemisms, which are difficult to disentangle from non-sexual services; for example, reputable massage services or saunas. It would also be difficult to apply the legislation to advertisements on the internet, which can be hosted overseas, as we are experiencing in other areas of legislation.

The Government’s first priority in this area is public safety. For example, the Home Office has worked with the UK Network of Sex Work Projects to support the establishment of the National Ugly Mugs scheme, to which the noble and learned Baroness referred. This is an innovative mechanism whereby people involved in prostitution can make reports and receive alerts about incidents that have been reported to the scheme. Alert information is also fed to police forces, regional intelligence units and police analysts. We are pleased that the evaluation of the scheme shows that it has been successful in increasing access to justice and protection for those involved in prostitution.

Our focus on safety applies also to legislation: when considering legislative changes, we must consider carefully whether we are confident that they support the safety of the people involved in prostitution. For example, I am aware of communications that noble Lords may have received—they have been referred to—from the UK Network of Sex Work Projects setting out its concerns, particularly about criminalising and further marginalising an already vulnerable group, thereby exposing them to potentially greater risk or harm. I would be happy to discuss with my noble friend Lord McColl and other interested Peers the evidence of the extent to which such changes to the legal, and by extension ethical, position of buying sexual services would reduce harm to those involved.

While the issues around prostitution are complex and contentious, as we have heard today, we expect every report of violence to be treated seriously. In this context, it is important to reflect on the increased reporting rates for these terrible crimes, showing that, increasingly, victims have the confidence to report and can access the support they deserve. That is to be welcomed.

I recognise that at the heart of this Bill are the noble Lord’s genuinely held concerns for the welfare of those involved in prostitution. He has made those clear in his considered presentation of his proposed Bill today. I thank him and other noble Lords for their thoughtful contributions not only to this debate but to much of the Government’s work to tackle exploitation in all its forms, whether it be modern slavery, child sexual abuse or violence against women and girls. I am proud of the progress that we are making on a cross-party basis and we will continue to consider effective approaches.

In their present form, my noble friend’s proposals would have a number of legal and practical implications— which I am happy to discuss with him—that were perhaps not intended. However, we recognise his sincerity and desire to protect from harm those who are involved in prostitution and to offer people captured and trapped in that world a way out to a better and more healthy life for them and for society as a whole.

[Lord Kennedy of Southwark]

My Lords, the noble Lord made a point about the practicalities and that is the point I made generally about the Bill going to a Grand Committee. With this and other Bills you can sit there for a day and work them out in great detail and get things moving forward. It is a missed opportunity.

Modern Slavery Act 2015 (Transparency in Supply Chains) Regulations 2015

Debate between Lord Kennedy of Southwark and Lord Bates

Monday 19th October 2015 Lords Chamber

[Lord Bates]

They might be better described as non-governmental groups. It could be that private sector groups or even charitable organisations are interested in putting this together. All I am saying is that there is possibly an interest out there, but the key element for the purpose of these regulations is twofold. First, we recognise that it would be of interest, but we should remember that the whole purpose of insisting that this was not in a published, hard-copy annual report and accounts but was a statement on a website is that such a statement is searchable. A number of people, organisations and NGOs took part in the consultation and have shown a real, forensic interest in how people are doing, and they will be able to search those. That sort of social media activism, which we see so much of in many areas, could be brought to bear in order to shine a light in this particular area. That might be more effective than simply, as it were, designating one particular organisation to take responsibility for it.

[Lord Kennedy of Southwark]

The noble Lord is absolutely right. We will have the company statements on the company website, but the only issue with the central repository, of course, is that if you have 7,000 to 10,000 companies, it will be difficult if they are not all in one place. I think that there has been some movement from the Minister tonight, but can he explain why he thinks that this should not be done by government? Why should it be left to civil society or a third-party organisation? It is an important point and it seems to be the missing part in all this.

Fraud: Phone Scammers

Debate between Lord Kennedy of Southwark and Lord Bates

Thursday 4th December 2014 Lords Chamber

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what action they are taking to deal with fraud associated with phone scammers.

[The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)]

My Lords, the Government take the issue seriously. We are working with Action Fraud and the National Fraud Intelligence Bureau to ensure that all reported frauds receive an appropriate response from the police and that victims of phone scammers are provided with the right support. We are also working with Financial Fraud Action UK, which has issued advice to the public on avoiding phone scammers.

[Lord Kennedy of Southwark (Lab)]

My Lords, a few months ago, I got a phone call saying that I had won £50,000 in a competition that I had never entered. All that I needed to do was to give them my date of birth, my national insurance number and my bank details. They said that they had my home address, so I said, “Well then, pop a cheque in the post—you don’t need this information”. The phone was soon hung up, but I am still waiting for the cheque.

The serious point is that people are ripped off by these criminals. What are the Government doing to ensure that our laws are as robust and up to date as possible and, when the perpetrators are based abroad, what are we doing with our foreign partners to sort these criminals out?

[Lord Bates]

I apologise on behalf of the Government that the noble Lord has not received his cheque yet. It may be in the post, as they say. In terms of what the Government are doing on this very serious issue, which has received publicity in the run-up to Christmas, when some 75% of people will undertake online sales, it is very important that people think of their own security. In preparing for this Question, I was thinking that the system is very complex and difficult to remember—but it is incredible, the audacity of people ringing up and asking for PIN numbers. Amazingly, people actually do give them. Part of it is law enforcement, but another aspect is having a bit of common sense in dealing with our security.