Daniel Morgan Independent Panel Report
Lord Lexden Excerpts(4 years ago)
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Baroness Williams of Trafford (Con)
There was due to be a review of the IOPC at the end of this year, and the Home Secretary is bringing it forward to start as soon as practicable in the next few weeks.
Lord Lexden (Con)
My Lords, the noble Baroness, Lady O’Loan, has said that the Commissioner of the Metropolitan Police placed “hurdles” in the way of the panel’s work, prolonging it by years. The commissioner has said that she gave “maximum co-operation” to the panel. Who are we to believe? Will Sir Tom Winsor, in the course of his inquiries, tell us the truth about these two irreconcilable statements? It is not unsurprising that the Morgan family has been unable to accept the apology of the Metropolitan Police, whose sincerity must be open to doubt.
Baroness Williams of Trafford (Con)
My Lords, I can understand the feelings of the Morgan family; it has been a devastating 34 years for them. Clearly, this review has covered more than one commissioner; it has been in train for the last eight years. I cannot say whether the commissioner gave full support to the inquiry but, certainly, some of the following investigations will look into it, particularly that of the HMICFRS.
Law Enforcement Agencies: Duty of Candour
Lord Lexden Excerpts(4 years ago)
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Baroness Williams of Trafford (Con)
I say to the noble Lord that I agree with pretty much everything he says. This work is urgent. I know that work is progressing at pace and that the Home Secretary wants to speak to the family before making further progress on it.
Lord Lexden (Con)
In light of the Morgan inquiry, what action has the Metropolitan Police taken in recent years to root out crime and corruption from its ranks? How many police officers have been prosecuted, suspended, forced to resign or retire early or sacked for corrupt behaviour since the current Commissioner of the Metropolitan Police took up her post?
Baroness Williams of Trafford (Con)
I did not hear all of my noble friend’s question, but I think he was talking about police officers being prosecuted, suspended, forced to resign or sacked. Between December 2017, when the police barred list was established, and 2020, a total of 117 officers and 18 special constables from the Metropolitan Police service were dismissed and added to the police barred list. The College of Policing breaks this down by category, but there is no single category for corruption. We do not intend to collect data on police suspensions, as that is obviously a matter for individual chief officers, but I can tell my noble friend that the Home Office is currently amending its data collection on police misconduct and we intend to publish data in greater detail from this autumn.
Abolished Offences
Lord Lexden Excerpts(4 years, 1 month ago)
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Lord Lexden
To ask Her Majesty’s Government what plans they have to enable more people convicted under abolished offences relating to homosexual conduct to apply to have their convictions disregarded.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the Government are committed to enabling men with historical convictions for decriminalised homosexual conduct to apply to have their convictions disregarded. We are actively exploring whether further offences can be brought within the scope of the scheme to enable more people to benefit from it.
Lord Lexden (Con)
My Lords, have the Government noted that exactly 10 years have passed since the disregard scheme was announced to “right an historic wrong”, as it was described at the time, so that gay men convicted of or cautioned for offences that have been swept from the statute book—and indeed should never have been there in the first place—would no longer be stigmatised by having to declare such convictions and cautions? I thank my noble friend for her reply and pay tribute to all that she has done in connection with this issue, but is it not something of an affront to gay people that four and a half years have elapsed since she gave a commitment to extend the scheme—not least because the Home Office has long been in possession of draft regulations prepared by my friend Professor Paul Johnson at York University, who is the greatest expert in the country on the matter? Surely those regulations ought to have appealed strongly to a Government who resort so frequently to secondary legislation, particularly at a time when Scotland and Northern Ireland have wider disregard schemes than England and Wales.
Baroness Williams of Trafford (Con)
My noble friend will know that I have noted what he said and that we remain committed to doing all we can to right this historic wrong. I pay tribute to my noble friend and others who have been so committed, and I pay particular tribute to Professor Paul Johnson for his expertise. It is important to note that any additional offences must meet the suitable legal criteria to be eligible to be disregarded.
E-scooters
Lord Lexden Excerpts(4 years, 1 month ago)
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Baroness Williams of Trafford (Con)
I totally share my noble friend’s concerns. Of course, there are two categories of scooter: the rental scooter, which can be insured, and the privately owned scooter. It is perfectly legal to purchase them, but they cannot be insured. Trials have been going on all over the country, but I hope the trials going on in London will clarify the situation once and for all and prevent the problems my noble friend outlines.
Lord Lexden (Con)
My Lords, how can we be confident that the illegal riding of e-scooters on pavements will be prevented when the illegal riding of bicycles on pavements flourishes almost unchecked? How about introducing compulsory training in courtesy and respect for others before anybody is let loose on an e-scooter, or indeed a bicycle?
Baroness Williams of Trafford (Con)
My noble friend outlines an important problem. As a humble pedal biker of a Brompton—other brands are available—I know how frightening it is to be approached by one of these e-scooters on the road. Riding on the pavement can result in a fixed penalty notice of £50, but to my noble friend’s point I recommend that everybody who rides a cycle, wherever they ride it, gets the proper training they need.
Daniel Morgan: Independent Panel Report
Lord Lexden Excerpts(4 years, 1 month ago)
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Baroness Williams of Trafford (Con)
My Lords, I know of no meetings that have taken place with News UK. As for the report being published, we cannot arrange timings until it is received.
The Deputy Speaker (Lord Lexden) (Con)
My Lords, all supplementary questions have been asked and answered.
Domestic Abuse Bill
Lord Lexden ExcerptsMonday 15th March 2021
(4 years, 4 months ago)
Lords ChamberRead Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 171-III Third marshalled list for Report - (10 Mar 2021)
The Deputy Speaker (Lord Lexden) (Con)
My Lords, we now move to the group beginning with Amendment 66C. Anyone wishing to press this or anything else in the group to a Division must make that clear in debate.
Amendment 66C
Lord Morris of Aberavon (Lab) [V]
My Lords, I shall intervene briefly on Amendments 66C and 71, which I support. I have been involved as a beneficiary all my professional life with legal aid. Its roots go back to the Labour Governments of 1945 and 1951. When I began practising at the Bar in 1959, it was just about being given new life, and what a blessing it has been to people with limited or no means.
My noble friend Lord Kennedy has put down Amendment 71 which, together with the Government’s amendment, is a clear statement that no appropriate health professional may impose a fee for the purposes of obtaining legal aid by an applicant. Health professionals are paid in accordance with the terms of their contracts. My understanding is that on occasion, such as for medical certificates for insurance and travel purposes, they are entitled to charge extra fees. I am grateful for the Minister’s very careful explanation of what they can do.
There is obviously a loophole that needs to be filled. This is confirmed by the very fact of the result of the Government’s work, on which I congratulate them, in moving Amendment 66C. The need to fill in the loophole is confirmed. The Government seem to have covered all contingencies, and it obviously overtakes the Opposition’s amendment. I also congratulate my noble friend Lord Kennedy on the hard work he and others have done; the result is what we see before us today. It confirms the value of this House as a reforming, confirming and improving Chamber. With those few words, I support the Government’s amendment.
The Deputy Speaker (Lord Lexden) (Con)
My Lords, the noble and learned Baroness, Lady Butler-Sloss, who is next on the list, has withdrawn from this debate, so I call the noble Baroness, Lady Burt of Solihull.
Baroness Burt of Solihull (LD)
My Lords, I add my congratulations to the noble Lord, Lord Kennedy, on resolving the injustice of NHS providers charging for evidence of domestic abuse. It is an object lesson in persistence. I hope that the noble and learned Baroness, Lady Butler-Sloss, who I was hoping to follow, will meet the same eventual success with her plans on forced marriage. I am also grateful to the Minister for his amendments to ensure that this is properly and legally installed in law.
In my view, it is a scandal that it ever had to come to this. What hard-hearted group of medical practitioners ever made the decision to charge money for evidence that a woman has been subjected to violence as a qualifying condition for legal aid? I suppose that is what happens when you try to marketise the NHS.
The Minister spoke about the role played by the BMA, but according to the BMA this amendment should never have been necessary. It says:
“We believe that legal aid agencies should trust the word of victims without needing to consult with a medical professional, who themselves”
will rely on what the victim tells them and
“may not be best placed to confirm whether domestic abuse has taken place.”
It recommends that the MoJ should remove altogether the unfair requirement for medical forms in the domestic abuse legal process. It seems to me that this requirement is just placing one more obstacle in front of the victim, perhaps to test to destruction her determination to get justice. Will the Minister say why legal aid agencies are requiring these medical certificates in the first place? Should we not be legislating to remove this requirement, full stop?
The Deputy Speaker (Lord Lexden) (Con)
My Lords, we now come to Amendment 67. Anyone wishing to press this amendment to a Division must make that clear in debate.
Amendment 67
Domestic Abuse Bill
Lord Lexden ExcerptsMonday 8th March 2021
(4 years, 4 months ago)
Lords ChamberRead Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 171-II(Rev) Revised second marshalled list for Report - (8 Mar 2021)
The Deputy Speaker (Lord Lexden) (Con)
The noble Lord, Lord McConnell of Glenscorrodale, who is next on the list, has withdrawn, so I call the noble Baroness, Lady Watkins of Tavistock.
Baroness Watkins of Tavistock (CB) [V]
My Lords, I support this amendment in the name of noble Baroness, Lady Meyer. I thank her for all the work she has done to try to minimise the amount of involvement in the Bill necessary to make us all aware of this important issue. The amendment is designed to explicitly ensure that parental alienation is properly defined in the Bill. We have, of course, had indications today that it may be in statutory guidance, and that may be sufficient to ensure that the rights of children to see parents when it is appropriate to do so are adhered to. The amendment is not gender biased. It recognises that either parent, mother or father, may deliberately behave in such a way as to damage the relationship between a child and the other parent.
Parental Alienation UK has outlined a range of behaviours from one parent to another and I want to focus on one: when a parent makes false allegations of abuse, fitness to parent, substance abuse or mental health problems. I have worked with people with severe, enduring mental health problems where, when they have been severely ill and psychotic, it has been inappropriate for them to see their children. However, it is absolutely clear that, with modern treatment and access to supervised contact, most parents at some point should be able to see their children. That is not because of the rights of the parents. It is about the child’s right to know that the parent loves them and wants to see them, even if they are not in a position to look after them on a permanent basis. I believe that, as soon as is practicable, supervised access should be organised for children if they want to see the parent—the one they do not live with—if that parent is well enough to see them.
It is important that children know that both their parents want to stay in contact. If this is the case, the child is in a position, when they become an adult, to decide for themselves how much contact to maintain with each parent. I have heard other noble Lords oppose the amendment and I equally believe that no child should be made to see a parent without supervision if the court has decided that this would be inappropriate. I completely agree that we should recognise the vital role of Cafcass in this situation, but it is demeaning if the other parent of your child destroys letters, mementoes and gifts that you have sent, perhaps while you are too ill to see the child. These kinds of behaviour should be deliberately excluded and parents should be encouraged to try to work together through mediation. It should obviously be for the courts to decide and to determine whether parental alienation is occurring and to make decisions for access between a child and a parent, based always on the best interests of the child.
I believe that those who do not agree with this amendment have the same focus as I and others who are supporting it: to try to ensure that children grow up knowing that they have been loved, where this is so, and that they have been able, where it is safe to do so, to be in contact with both parents. I understand that the amendment may be better written within the statutory guidance and I look forward to hearing the Minister’s opinion on this matter.
The Deputy Speaker (Lord Lexden) (Con)
The noble Lord, Lord Balfe, who is next on this list, is unable to take part in this debate, so I call the noble and learned Lord, Lord Morris of Aberavon.
Lord Morris of Aberavon (Lab) [V]
My Lords, it is a pleasure to say it is beyond argument that this is an important Bill. In my professional career, I dealt with many cases of child abuse. I practised at the criminal Bar, not the family Bar. Fortunately, sitting as a recorder, I did not have to try or sentence anyone convicted of child abuse.
It is important to get the legislation right. At my first reading, I thought the Bill was sufficiently comprehensive to deal with any wrongdoing. The steps in the ladder are clear: first, the relationship is set out in Clause 1(2); then we go on to the type of relationship, supplemented in subsections (3) and (4); then subsection (5) deals with indirect behaviour. The amendment’s supporters seek to redefine this, by adding words to give an example of behaviour which is reprehensible. I understand the aims of the proposers and their real concerns. We have listened to the passionate speeches made today. The noble and learned Lord, Lord Mackay, has added his name to the amendment. From long experience, I would listen to his words, and the House always does with very great respect.
My fear is that this amendment is over-prescriptive. Putting this into the Bill might limit the generality of the encompassing nature of subsection (5). At the moment, I have serious doubts about whether the amendment is needed at all, as such particularising may limit the thrust of the subsection so far as other conduct is concerned. In these circumstances, having heard all the arguments, I would recommend its rejection by your Lordships.
Non-Domestic Rating (Public Lavatories) Bill
Lord Lexden ExcerptsWednesday 24th February 2021
(4 years, 4 months ago)
Lords ChamberRead Full debate Non-Domestic Rating (Public Lavatories) Bill 2019-21 View all Non-Domestic Rating (Public Lavatories) Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 131-I Marshalled list for Committee - (19 Feb 2021)
Amendment 1 withdrawn.
The Deputy Chairman of Committees (Lord Lexden) (Con)
We now come to the group beginning with Amendment 2. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate.
Amendment 2
Moved by
Amendment 2 withdrawn.
The Deputy Chairman of Committees (Lord Lexden) (Con)
We now come to the group beginning with Amendment 3. Anyone wishing to press this, or anything else in this group, to a Division must make that clear in debate.
Amendment 3
Moved by
Amendment 3 withdrawn.
The Deputy Chairman of Committees (Lord Lexden) (Con)
My Lords, we now come to the group beginning with Amendment 4. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate.
Amendment 4
Moved by
Amendment 4 withdrawn.
The Deputy Chairman of Committees (Lord Lexden) (Con)
We now come to the group beginning with Amendment 5. Anyone wishing to press this or the other amendment in this group to a Division must make that clear in debate.
Amendment 5
Moved by
Operation Midland
Lord Lexden Excerpts(4 years, 5 months ago)
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Lord Lexden
To ask Her Majesty’s Government how many officers of the Metropolitan Police have been disciplined in connection with Operation Midland since the publication of the report by Sir Richard Henriques The Independent Review of the Metropolitan Police Service’s handling of nonrecent sexual offence investigations alleged against persons of public prominence, on 4 October 2019.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, disciplinary action against individual officers is a matter for forces. However, my noble friend will be aware that, following Operation Kentia’s investigation into the five officers referred to it in connection with Operation Midland, the IOPC found organisational failings and issued 16 learning recommendations but found that none of the officers had a case for misconduct.
Lord Lexden (Con)
My Lords, who could fail to be moved by the following dignified yet devastating words:
“I’ve always believed that a strong moral compass is essential to every public body and especially to police forces, and above all, to its leadership … However, it just seems to me the Metropolitan Police has preferred its corporate or personal ambitions to a strong moral compass.”
Those are the words of Lady Brittan who, with the husband to whom she was devoted, our former colleague and the former Home Secretary, Lord Brittan, suffered grievously at the hands of policemen who failed to adhere to the law they had sworn to uphold. The House will not have forgotten other distinguished public figures who had their reputations traduced. Almost exactly a year ago I asked in this House:
“Is it not shocking that not a single police officer has been called to account for the catalogue of errors laid bare in Sir Richard Henriques’s report on Operation Midland, while some of those involved have been promoted to high rank?”—[Official Report, 3/2/20; col. 1613.]
I got no answer. I therefore ask the Government that question again today. Do they not understand that it is their duty to act, and act now?
Baroness Williams of Trafford (Con)
My Lords, the IOPC has declined to investigate the matters to which my noble friend refers. With regard to higher rank, I assume he is referring to the commissioner, whose term ends in April 2022. Of course, the decision on appointment following that will be a matter for the Home Secretary and the Mayor of London.
Domestic Abuse Bill
Lord Lexden ExcerptsWednesday 10th February 2021
(4 years, 5 months ago)
Lords ChamberRead Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 124-VI(Rev) Revised sixth marshalled list for Committee - (8 Feb 2021)
Baroness Williams of Trafford (Con)
My Lords, I know that the noble Baroness, Lady Greengross, will not get a big head when I again pay tribute to her for highlighting the plight of elderly victims of domestic abuse. She has such experience in this area. These very well-intentioned amendments seek to tackle the scourge of elder abuse. My noble friend Lady Hodgson of Abinger said that the way we treat our elderly reflects us as a society; I agree.
Local authorities are well equipped to identify, investigate and address suspicions or cases of domestic abuse where the individual has existing care and support needs or is known through other means. There are mechanisms and clear professional responsibilities in place to ensure the safety of suspected or known victims. I am not convinced that these amendments will add value to existing rules and processes or improve outcomes for elderly people experiencing domestic abuse, and I will explain why.
On Amendment 165, local authority employees are expected to undertake safeguarding training to ensure that they are able to identify and act on any concerns about exploitation or abuse in any circumstances, including when carrying out financial assessments for adult social care. Existing mechanisms will be in place to ensure that training is effective and that employees are able to escalate any issues. Escalation may include making a report to the police or making a referral under Section 42 of the Care Act 2014, which places a duty on local authorities to make inquiries, or to ask others to make inquiries, where they reasonably suspect that an adult in their area is at risk of neglect or abuse, including financial abuse.
Turning to Amendment 166, the police have existing powers of entry which ensure the protection of victims of domestic abuse and other instances of exploitation and harm where appropriate. We do not think that social workers require powers of entry separate from those of the police, who already effectively carry out this function. It is appropriate for the police to lead on any steps which may require gaining entry to a home where there is a serious threat from a perpetrator of domestic abuse. Extending this power to social workers risks placing them in dangerous situations which they are not equipped to deal with.
In addition, introducing a power of entry applicable to instances of domestic abuse risks creating a hierarchy of the different categories of exploitation, harm and abuse that are set out in the Care Act 2014. To take the point made by the noble Lord, Lord Rooker, the police, and health and social care professionals, will have local arrangements in place to enable joint working with one another and other partners to investigate all instances where an adult or child must be safeguarded, including instances which may require police to enter a home. It also plays to the point that the noble Lord, Lord Rosser, made about data protection when information sharing. I think that joint working, certainly in the case of the troubled families programme, gets round those data protection issues.
Where there are concerns that an individual with a mental disorder is being ill-treated or neglected, including through domestic abuse, approved mental health professionals have special powers of entry set out in Section 135 of the Mental Health Act 1983. This allows for the approved mental health professional to present evidence at a magistrates’ court to obtain a warrant authorising the police, an approved mental health professional and a registered medical practitioner to gain entry to the premises, for an assessment to take place there and then or for the person to be removed to a place of safety.
Local authorities have the power to investigate under Section 47 of the Children Act 1989 if they have cause to suspect that a child is suffering, or likely to suffer, significant harm. These inquiries will determine whether they should take action to safeguard or promote the child’s welfare. Furthermore, social workers may make an application under Section 44 of the Children Act 1989 for an emergency protection order. Where an emergency protection order is in place, the court can authorise a police officer to accompany the social worker if they are refused entry to the premises. Where the police have cause to believe that a child is likely to suffer significant harm, under Section 46 of the Children Act the child can be removed to suitable accommodation.
I hope that I have reassured the noble Baroness that there are practices and procedures in place to identify and tackle domestic abuse where financial assessments are being undertaken for the purposes of adult social care, and that there are existing powers of entry, exercisable by the police and others, that can be used where necessary. Having initiated this important debate, I hope that the noble Baroness is happy to withdraw her amendment.
The Deputy Chairman of Committees (Lord Lexden) (Con)
My Lords, I have received one request to speak after the Minister, from the noble and learned Baroness, Lady Butler-Sloss, whom I now call.
The Deputy Chairman of Committees (Lord Lexden) (Con)
We now come to Amendment 171. As usual, I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this amendment to a Division must make that clear in the debate.
Amendment 171
The Deputy Chairman of Committees (Lord Lexden) (Con)
My Lords, we now come to the group beginning with Amendment 173. Again, I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or any other amendment in this group to a Division must make that clear in debate.
Amendment 173
The Deputy Chairman of Committees (Lord Lexden) (Con)
My Lords, we come now to Amendment 175. Again, I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this amendment to a Division must make that clear in debate. I call the noble Baroness, Lady Burt of Solihull.
Amendment 175
The Deputy Chairman of Committees (Lord Lexden) (Con)
My Lords, we now come to Amendment 177A. Once again, I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this amendment to a Division must make that clear in debate.
Amendment 177A