Sex Offenders Register

Lord Lilley Excerpts

Wednesday 16th February 2011 Commons Chamber

[Mrs May]

I can say categorically to the right hon. Lady that it is indeed the Government’s intention to put the protection of the public first. Had she listened to my statement or read it beforehand, she would have noted that it says that in a number of places. We are appalled by the Court’s decision. I would far rather not have to stand here saying that we have to make a change to the sex offenders register, but we do have to make a change. We will do so in the most minimal way possible to ensure that we do put public protection first, and that we give the police and others the ability to ensure that the public are protected from such serious and appalling crimes as have been committed by individuals on this register.

The right hon. Lady asked quite a number of questions. She asked whether we are making the protection of families paramount, and I have said that we are. She said that the system should be extremely tough and, yes, our intention is that it will be as tough as possible. That is why we have looked not only at what we can do in the minimal way to put this judgment into effect, but at ways to toughen up the sex offenders register regime—for example, by the requirement that we want to introduce for individuals on the register to have to notify when they are going abroad for at least a day. That is a toughening of the current system.

The right hon. Lady asked about Parliament’s opportunity to debate this measure. It will be introduced through an order—a statutory instrument—so there will be an opportunity to debate it. She asked about the numbers who will be affected. That will be set out in the regulatory impact assessment that will accompany the statutory instrument. She asked about the process of consideration that the police will go through. They will be talking to all other agencies that have an interest in this area, so they will talk to the probation service, local authorities, social services, youth offending teams and a variety of other agencies to ensure that they have the best possible picture of the individual concerned in order to make the best possible judgment. I am sure that she will agree that the police are very clear about the importance of public protection. That is why I want the police to make these decisions; I believe that they will put public protection first. They will examine a series of issues, such as the seriousness of the offences originally committed and the age of the victims. They will address a range of issues when they are considering whether a review should be upheld and whether the individual should stay on the register.

The right hon. Lady asked about the ability of the police to deal with this. ACPO and the National Offender Management Service have been actively involved in putting together and shaping the policy. One of their considerations has, of course, been its deliverability. We are confident that the policy can be delivered, as is ACPO. Like us, ACPO wants to ensure that we have the toughest possible policy to protect the public. It is different from the vetting and barring scheme, where the problem was that lots of innocent people found themselves on it and were subject to its requirements. This proposal is about the people who have been found guilty of heinous crimes and is about making sure that we reduce the risk of reoffending to members of the public. As I have announced in relation to the Bill of rights, the Deputy Prime Minister and the Justice Secretary will make further announcements about that imminently.

[Mr Peter Lilley (Hitchin and Harpenden) (Con)]

May I astonish my right hon. Friend by saying that I think there is some merit in the Court’s decision, particularly in the way she has interpreted it? Does not this case illustrate the fact that rights are not absolute and that the rights of the victim have to be balanced against the rights of children and the public in general? The process of reconciliation is ultimately as much political as legal and Parliament should therefore always have the last word. Is it not a relief that this decision was taken by the Supreme Court and not by the Court in Strasbourg? Does she agree that we should resile from that as soon as possible?

[Mrs May]

My right hon. Friend tempts me down a route that it would not be appropriate to go down. On his first point, rights are not absolute. The article 8 right against which the judgment was made clearly is not an absolute right. I am sure that many right hon. and hon. Members—indeed, all of them, I hope—are as concerned as I am when a court makes a judgment that puts the rights of a perpetrator above the rights of the public and individual victims. In a similar area, I find it incredible that we are not able to deport people who are linked to al-Qaeda and who have terrorist intent in this country because the court says that their rights mean that we cannot deport them, but the court is not looking at the rights of members of the British public. That is what we should be doing.