Stalking Protection Orders

Lord Mackenzie of Framwellgate Excerpts

Wednesday 16th March 2022 Lords Chamber

[Lord Stewart of Dirleton (Con)]

In the first instance, we look at the number of stalking protection orders that are sought and imposed. The figures that I have in relation to their use are encouraging. I can tell the House that 78% of SPO applications in 2021 were granted, compared to only 5% refused, with 17% being dealt with in other ways or withdrawn.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, can the noble and learned Lord advise the House on whether the Crown Prosecution Service has any play in this? Obviously, the police increasingly look to the Crown Prosecution Service for advice, and I wonder whether it has any involvement in this type of decision and whether perhaps it should.

[Lord Stewart of Dirleton (Con)]

The Crown Prosecution Service is involved in training its staff in relation to these matters. Of course, as an independent body, it takes decisions on the prosecution of crime, but in addition the victims of stalking are able to apply, without cost to themselves, for these orders.

Power of Attorney

Lord Mackenzie of Framwellgate Excerpts

Wednesday 2nd February 2022 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, I begin by acknowledging, on behalf of the House, the great work that the noble Baroness has carried out in this very important field, not only as patron but as founder of the charity to which she made reference. The OPG is responsible for maintaining the register of LPAs in England and Wales; that is one of its statutory functions. That register can be searched by any member of the public or third party, using a service called OPG100. Additionally, donors and attorneys can provide third parties with access to OPG’s “Use a lasting power of attorney” service, which allows third parties to check instantly the latest information and status of an eligible LPA. Modernising that process presents us with great opportunities, but we must also bear in mind obligations of confidentiality.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, I have come across several cases recently where elderly people have been taken advantage of, often by their own relatives, being relieved of thousands of pounds of hard-earned savings as a result of granting power of attorney. As solicitors are involved in this process, is the Minister satisfied that they are sufficiently aware of their duty of care to vulnerable clients during the discussion periods prior to such powers being granted?

[Lord Stewart of Dirleton (Con)]

My Lords, the OPG is working with solicitors, other professional bodies and other bodies within the community to make sure that persons considering becoming donors and taking out powers of attorney are aware of these protections.

Rape Trials

Lord Mackenzie of Framwellgate Excerpts

Tuesday 25th January 2022 Lords Chamber

[Lord Stewart of Dirleton (Con)]

I can tell the House that there is work currently under way by the Law Commission to address misconceptions in this field. The expression often used is “rape myths”, although I am not sure that I am especially fond of that. I think “misconceptions” better addresses and refers to the topic raised by the noble Lord.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, does the Minister accept that modern technology has, ironically, made rape a more difficult crime to investigate because it depends on victims having confidence in the process? Many young women are not prepared to allow their cell phones to be seized and trawled through for months on end by the police. What are the Government doing to address this dilemma without compromising justice?

[Lord Stewart of Dirleton (Con)]

My Lords, the noble Lord makes an extremely important point. In relation to the end-to-end review and action plan, which the Government have published, we have set up a means by which people coming forward with complaints of rape can be confident that they will receive mobile telephones, so they will not be deprived of their use or their contacts and data. At the same time, we will be doing our best to strengthen the investigation of crimes so that complainers do not feel that their personal lives are being unduly pried into or that their rights to privacy are disturbed.

Queen’s Speech

Lord Mackenzie of Framwellgate Excerpts

Wednesday 8th January 2020 Lords Chamber

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, the issues that I will touch on today, in the home affairs arena, are the increase in assaults on police officers and, also importantly, the social care of an increasing ageing population, as it is dealt with by the Home Office.

Statistics show a rise in assaults on the police of some 34% since 2013. As there has been a reduction of some 20,000 in officer numbers since 2010, those increased assaults are spread over a reduced number of targets. It is inevitable because more officers are now responding alone to incidents, and clearly offenders are prepared to take the risk of assaulting the officer to escape. According to the latest statistics, around 72 police officers are attacked every day in England and Wales; this translates as an attack every 20 minutes. Home Office data from all 43 police forces found that a total of 26,295 police constables were assaulted on duty between April 2017 and April 2018. No police officer will go through his service without being assaulted at some point.

I mention this because when I joined the police—back in the swinging 60s—I did not remotely believe that I would have to confront a knife, still less a gun. I am afraid that is not the case today, and recently there has been some mixed publicity on the increased use of tasers by police officers. I was serving in the 1990s when trials were held in the use of pepper spray by the police as non-fatal force against a violent assailant. The service has now developed the use of electric taser stun guns. These were deployed in 23,000 incidents in the 12 months to the end of March 2019, up by more than a third on the previous year and double the 2016 total. The important statistic, however, is that in the vast majority of cases, the taser was pointed at the suspect without being fired, and used on only 2,500 occasions.

Civil libertarians point out that tasers can be lethal, but so could my striking an attacker with my truncheon all those years ago. Your Lordships will agree that police officers, in running towards danger, uniquely put themselves in harm’s way to protect the public; and it is vital that we equip them with the powers, training and equipment they need to fight crime and stay safe on the job. The alternative, of course, is the routine carrying and use of lethal firearms—and we need only look across the Atlantic to see the consequences of that policy.

In my short contribution to the debate tonight, the second area that I wish to touch on is the restrictions on care workers travelling from EU countries following Brexit, which will have an impact on social care. I am aware of a case in the north-east of a 73 year-old pensioner, confined to a wheelchair and suffering from Parkinson’s disease, whose health was rapidly waning both in hospital and in care homes. She was rapidly losing weight and deteriorating. There is overwhelming evidence that elderly people cared for in their own homes are happier; they thrive and live longer in the environment of their own homes, which they are used to.

The family in this case realised that it was far more fruitful and economical to arrange for an English-speaking, carefully vetted carer from Europe to provide one-to-one care, 24/7, living free of charge in the pensioner’s home, rotating with a replacement every two months. The difference in results proved quite remarkable. The lady gained weight, is far more content in the environment that she knows and loves, and is visited by family and friends constantly.

The family explored a similar care plan through the local council care department, but it was simply not viable or affordable. The worry now, of course, is that the change in European travel rules may restrict European carers interchanging every two months. If that happens, it will inevitably result in the 73 year-old pensioner being catapulted back into the overburdened health service that failed her so badly in the past and would lead to additional costs to the nation, whereas the present arrangement costs the state nothing.

In developing a fair and sensible travel policy for EU workers, we must be careful not to throw the baby out with the bathwater and thereby cut off the supply of essential carers for our increasingly needy elderly population. Will the Minister give an assurance that, following Brexit, essential care workers such as those I described, will be permitted to travel to the UK for short periods of two or three months at a time to continue their vital work in providing 24/7, live-in care for our growing elderly population, thereby relieving the burden on the state? This would presumably be similar to work permissions being granted to essential seasonal fruit pickers in the agricultural sector.

I fully understand if the Minister is unable to give an answer this evening, but I am happy to receive a reply in writing. These are extremely important issues that demand urgent consideration as we move towards the Government’s self-imposed deadlines, and I look forward to a sympathetic response for the benefit of worried families throughout the country.

Justice: Private Sector

Lord Mackenzie of Framwellgate Excerpts

Tuesday 18th June 2019 Lords Chamber

[Lord Keen of Elie]

The noble Lord makes a perfectly valid point. The Government are extending the requirement of the social value Act in central government to ensure that all major procurements explicitly evaluate social value, where appropriate.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, does the noble and learned Lord agree that, in state activity that involves the detention of citizens, such as prisons, policing and some mental institutions, public service should trump private profit?

Family Courts: Domestic Violence

Lord Mackenzie of Framwellgate Excerpts

Tuesday 21st May 2019 Lords Chamber

[Lord Keen of Elie]

We consider that we have a specialised group of judges operating within the family courts. Having regard to the potential for backlogs, to which the noble Baroness refers, we increased circuit and district judge sittings by 4,000 days in 2018-19 and it is our intention to allocate an additional 6,000 days in 2019-20.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, given that a very large number of homicides start with domestic violence, does the Minister agree that the criminal justice community should treat the early indicators, such as stalking activities, far more seriously?

[Lord Keen of Elie]

My Lords, I believe that the judiciary treat such early signs extremely seriously. Where an instance of domestic abuse comes before the courts, it is recognised that it may be just a beginning that could lead to more serious consequences.

Scotland: Transport Policing

Lord Mackenzie of Framwellgate Excerpts

Tuesday 18th December 2018 Lords Chamber

[Lord Duncan of Springbank]

I am sorry—it has been a long day. We are now moving toward a solution which I believe will work for all concerned. It will work within the established legal framework and will ensure that the network itself remains fully integrated, that security remains the primary focus, and that there will now be an accountability, through various structures, to ensure that there is a Scottish dimension to that without undermining the vital focus of the force itself.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, for obvious reasons, such as terrorism and all the other factors, security on public transport is of the utmost importance in the present state of the country. It is therefore extremely important that police officers are able to act when necessary, and clearly it would be wrong for people to get on the train at King’s Cross and for security to cease once they got beyond Newcastle. I think that is very obvious to everybody. I can remember the days when police officers were allowed to travel on the train free simply to encourage them to travel on public transport. Does this practice still exist? It is a great help to the guard, who knows that when he checks tickets he has officers on the train he can call for assistance.

[Lord Duncan of Springbank]

On the wider change, it is a cliché but now is not the time for such change—there are too many security considerations. The points the noble Lord raises are valid today and will continue to be valid tomorrow.

Worboys Case and the Parole Board

Lord Mackenzie of Framwellgate Excerpts

Wednesday 28th March 2018 Lords Chamber

[Lord Keen of Elie]

Well, indeed. I am obliged to the noble Lord for his observations in that regard. As I indicated earlier, it had occurred to my right honourable friend’s predecessor, almost as soon as this matter came to his attention, that Rule 25 really did need to be looked at and given further consideration because of the impact it had on the perception of proceedings. Regarding the proceedings of the Parole Board itself, clearly, there are hundreds of individuals involved and engaged in that process. It is critically important as part of our criminal justice system and it is equally important that it should remain independent of the Executive.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, in my experience, when criminals convicted of serious offences and serving long sentences are released, it is generally to an open prison so that they can be further assessed. Why did this not happen in Worboys’ case?

[Lord Keen of Elie]

I am not able to answer that question but the point the noble Lord makes is entirely accurate because, generally speaking, the issues for the Parole Board to consider are, first, whether it should release into an open prison environment and, thereafter, whether there should be release on licence.