Sex Offenders Register

Debate between Lord Macdonald of River Glaven and Baroness Neville-Jones

Thursday 17th March 2011 Lords Chamber

[Baroness Neville-Jones]

My Lords, the Government do not accept that the procedure being proposed is fatuous. Police officers concerned have a much better idea than many others about the nature of the conduct of the defendant, both in prison and later, and they are appropriate people to take a view on this. Moreover, they will do so in consultation with other agencies, as the MAPPA process, in which other specialists will be involved, will be taken into account.

[Lord Macdonald of River Glaven]

Does the Minister acknowledge that there is great disappointment on these Benches too at the tone of the Home Secretary’s Statement and that we had hoped that that sort of language had been left behind by the coalition Government. Can she explain how the Prime Minister’s statement in connection with the same case, that the Government would do the “minimum necessary” to comply with a judgment of the United Kingdom Supreme Court, was calculated to encourage respect for the rule of law?

[Baroness Neville-Jones]

I think that the Government should be judged by their actions. In this instance, they have put forward a reasonable, proportionate and effective proposal to meet the judgment of the court.

Sex Offenders Register

Debate between Lord Macdonald of River Glaven and Baroness Neville-Jones

Wednesday 16th February 2011 Lords Chamber

[Baroness Neville-Jones]

The noble Lord made his point several ways round. The Government are acting in conformity with the principle that they must be in conformity with the law, which is why they have brought in this amendment to the law. We perfectly well recognise that the courts interpret the law and are acting on that principle.

[Lord Macdonald of River Glaven]

Will my noble friend acknowledge that there is great disappointment on these Benches, too, at the tone of this Statement? Some of us had hoped that the days when these sorts of Statements would be made about the judges and the courts had gone with the new Government, and are very disappointed to see that, perhaps, they have not. Why do the Government appear to believe that, with regard to appeals against the inclusion on the sex register, the police are better placed to do justice than the Queen’s courts?

[Baroness Neville-Jones]

My Lords, I think that I explained in response to an earlier question that it is very hard to judge the merits with these particular offences, particularly in relation to expectation about future conduct. Therefore, we feel that those closest to the individuals or offenders concerned, who have been monitoring their conduct, are best placed to take an informed view and come to an informed decision about the balance that needs to be struck thereafter between the freedoms that can be accorded to the individual and the rights of the public to safety. This is a very practical view of how to come to the best decision possible.

Counterterrorism Review

Debate between Lord Macdonald of River Glaven and Baroness Neville-Jones

Wednesday 26th January 2011 Lords Chamber

[Lord Macdonald of River Glaven]

My Lords, I declare an interest as the independent overseer of the counterterrorism and security powers review. Would the Minister agree that the review has made good progress in meeting its objectives of recommendations that, if implemented, would roll back state power consistent with public safety, and that on stop and search, surveillance powers, pre-charge detention, the removal of relocation and curfews, and house arrest powers, important reforms are signalled?

Would she also acknowledge that more work needs to be done on the precise circumstances in which restrictions may be placed on those who are not charged, prosecuted or convicted of crime, and that some quite tough decisions will have to be made before legislation is brought before this House?

Finally, will she indicate whether the Government will consider the proposal in my report that any regime of restrictions should be much more closely linked to a continuing criminal investigation so that the primacy of prosecution is protected and that prosecution is the prime aim of public policy in this area?

[Baroness Neville-Jones]

I take this opportunity to reiterate my thanks to the noble Lord for his contribution, which is very significant to the work of the review. He makes some important points and has outlined more eloquently than I have the effect of reducing the measures in relation to individuals that constitute a new balance between public protection and the rights of the individual. We believe, however, as the noble Lord acknowledges himself, that it remains necessary that measures of this kind are available in the interest of public protection. He is right that there is more work to be done on some of the detail, and as we work through the legislation and subsequently its implementation, I am sure that more detail will come into effect.

On the question of the regime of restrictions and the need for a closer link to criminal investigation, the Government share the view that it is important to increase the possibility within this regime of bringing successful prosecution. We are mindful of that being the proper goal. As the Home Secretary said in her Statement, terrorists should be behind bars in a prison cell. At the same time we draw back from the notion that one would not be able to introduce a measure of this kind in the absence of a close link to and a realistic prospect of being able to introduce a prosecution. We do not wish, therefore, to claim that we can do that, given that it might not be an honest claim. What I can say on the part of the Government is that we will try very hard to ensure that the maximum possibility for bringing prosecution in any given instance is a clear objective.

Police: Protest Groups

Debate between Lord Macdonald of River Glaven and Baroness Neville-Jones

Wednesday 12th January 2011 Lords Chamber

[Baroness Neville-Jones]

RIPA—the Regulation of Investigatory Powers Act—specifies how that should be done. The authorisation has to be by a senior officer. There has to be a regular instruction and record kept and there are various other procedures in the Act which are designed to manage and control the operation. I do not think that it is the framework that is lacking.

[Lord Macdonald of River Glaven]

My Lords, does the Minister agree that undercover policing is an essential resource that has resulted in many dangerous criminals and criminal gangs being brought to justice—thanks, in large part, to the courage of the individuals involved in that work—and that it would therefore be an enormous pity if public confidence in that technique were to be diminished or undermined? In those circumstances, does she agree that undercover policing needs to be firmly controlled and used only in the most appropriate cases? Although she does not want to comment on individual cases, in general terms can she think of any circumstances in which it would be appropriate for an undercover police officer to be embedded for seven years among a group of climate change campaigners?

[Baroness Neville-Jones]

I think that there is widespread agreement in the House with what the noble Lord has said, for which I thank him. I do not want to comment on the individual case, but clearly the length of time would need to be looked at.