62 Lord Mann debates involving the Home Office

Thu 12th May 2022
Tue 25th May 2021
Wed 17th Mar 2021
Mon 8th Mar 2021
Domestic Abuse Bill
Lords Chamber

Report stage & Report stage & Lords Hansard
Mon 11th Jan 2021
Covert Human Intelligence Sources (Criminal Conduct) Bill
Lords Chamber

Report stage:Report: 1st sitting & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords & Report stage

Ports and Airports: Queues

Lord Mann Excerpts
Tuesday 28th March 2023

(3 years ago)

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Asked by
Lord Mann Portrait Lord Mann
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To ask His Majesty’s Government what steps they are taking to reduce queues at ports and airports for United Kingdom citizens returning to the UK.

Lord Murray of Blidworth Portrait The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)
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The Government have an ambitious vision for the future UK border, which will put in place the world’s most effective and secure border system. We are already using automation and trialling other technologies to improve fluidity and minimise queues for all arriving passengers, without compromising on our number one priority: the security of the border.

Lord Mann Portrait Lord Mann (Non-Afl)
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Last year we had the absurdity, particularly at holiday times, of having to queue to get back into our own country. Can the Government guarantee that this year at holiday times we will not have that indignity?

Lord Murray of Blidworth Portrait Lord Murray of Blidworth (Con)
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I am afraid I simply do not agree with the picture that the noble Lord paints. Border Force plans extensively at both local and regional levels to ensure the smoothest possible journey for all passengers, with over 90% of passengers processing through the UK border in 30 minutes or less. I remind the noble Lord that there are, on average, 144 million crossings each year at the UK border. An estimated 86% of those passengers who travel through the UK border are eligible to use the automated e-passport gates, which are currently our automated solution for processing arriving passengers.

Queen’s Speech

Lord Mann Excerpts
Thursday 12th May 2022

(3 years, 10 months ago)

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Lord Mann Portrait Lord Mann (Non-Afl)
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My Lords, a rabbi, an imam and a bishop walked into a bar—or rather, they will next Tuesday. There will be no alcohol served at Yorkshire County Cricket Club, for it will be the first ever Eid Milan celebration to be hosted by the club. It is a significant moment in the progress of the cricket club and I hope—as I see a DCMS Minister here, although I do not expect a response today—that the opportunity for Yorkshire County Cricket Club to reach out and involve all communities, not least through an expanded and effective training centre in Bradford at the old Park Avenue cricket ground, will be deemed worthy of government support in every sense. This kind of initiative seems to me to define levelling up.

To anyone who thinks that racism in cricket is a purely Yorkshire problem, and purely to do with the Muslim community, let me say—without going into greater detail—that although its impact is not as great, the anti-Semitism at Yorkshire Country Cricket Club over the decades is as shocking as the anti-Muslim prejudice. The sexism and sexist behaviour have been as damaging as that done to the Muslim community. Anybody who thinks that Yorkshire is an outlier simply does not know what has been going on across English cricket. I would go as far as to say that Yorkshire is not even the worst offender. But something has been done; it would be smart of the Government to remain on board, as they have been, in the journey—as it is called —towards opening up and making that great game of ours accessible to all communities. We might even start winning a few Test matches if we did so.

It is not just in cricket where the Government have a potential story to tell. I am amazed that the Government have not been celebrating the successes of the youth hostel movement in its DCMS Youth Investment Fund, and the DCMS Youth Investment Fund. The NCS engagement with Youth Hostel Association has already proven a big success. The YHA is a body perhaps best exemplified by the King George VI Memorial Youth Hostel—it is not the only King George VI Memorial Youth Hostel but the one in Buttermere has the finest location—which has been used for 66 years by vast numbers of young people from all faiths, creeds and backgrounds. They use it to this day. It would be smart of the Government not just to take more credit but to ensure that more resources go into the YHA, because the hit it took from Covid means that fewer young people can get out into the countryside and fewer school kids get life-transforming residential trips in the great outdoors. Support for this would be worthy of any Government. The opportunities are already there.

The third issue I want to raise is football. I am pleased to report to the House that, for the first time in the history of our football, training is being given in contemporary anti-Semitism to professional football clubs. There is a keenness there to learn. That has happened in recent months and is going to be expanded, because there is a big demand across professional football, but perhaps even more importantly, it will be expanded into grassroots football, where it will make a very big difference. There is nothing the Government specifically need to do—there is no request for funding; football can sort that out—but again, there is an opportunity. If I were a Minister, I would be saying that I might need to go along and see this, report back and steal the example for our other hatreds, both in football and in other sports. Those great sports, not least football, could be used to get out to the masses—the football supporters, for example, whether spectators or online—that others can never reach.

When it comes to regulation in football, I just caution the Government. I am not generally in favour of creating laws, because laws are static, whereas negotiation and agreement—let us call it MoUs—can be more effective. If the Government want to redistribute income across football, legislation will be needed and there will never be consensus there. On such issues as safety, it is vital, but when it comes to governance of a sport, far more effective is a flexible model that, crucially, can change in the future without the interference of politicians. That is what I would do, and I hope there is good dialogue on that over the next year.

Passport and Visa Measures

Lord Mann Excerpts
Wednesday 9th June 2021

(4 years, 10 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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The noble Lord will not be surprised to know that I do not agree with him. In terms of numbers, it is very difficult to prove a negative: for example, how many children will not be able to visit because of the system we have. One might also about children who are currently outside of the EU. I mentioned collective passports, which are a route for groups of children to come to this country and are, I think, very affordable.

Lord Mann Portrait Lord Mann (Non-Afl)
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My Lords, it is not a level playing field; working- class kids from the poorest communities in the neighbouring countries which are the cheapest to get here will lose out. Middle-class and rich kids will get here whatever country they are from; that will continue. It will be the poorest kids from a variety of backgrounds, like the mining communities where I brought kids over from different countries to meet kids in our country. They are the ones who will lose out because the disproportionate increase in costs will not be borne by their parents. The poorer kids will lose from this policy, whether they are in Norway, which is not in the EU, or an EU country. The Government should think again.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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My Lords, I know that many schools have arrangements. When my children were at school there were children whose parents could not afford to send them on school trips, of which there were many, or perhaps to another country. There are generally provisions within schools to help out in such situations.

Net Migration

Lord Mann Excerpts
Tuesday 25th May 2021

(4 years, 10 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I think our approach is based on the former. There will be fewer lower-skilled migrants, overall numbers will come down and we will ensure that the British people are always in control. On that point about lower-paid workers, as I said to the noble Lord, Lord Dubs, it is time for resident labour market employers to recruit from people in this country.

Lord Mann Portrait Lord Mann (Non-Afl)
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Local authorities have to project 15 years forward in their allocation of land for new housing. Can the Minister confirm that the ONS will be required to use the change of policy in relation to Hong Kong Chinese in analysing and guessing what the future population will be, and that this in itself will determine the housing allocation requirements that local authorities have to provide?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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The ONS figures we receive every year are absolutely vital to providing projections for not only housing numbers but all the other infrastructure that the population need—schools, health services, roads, et cetera.

Misuse of Drugs Act 1971 (Amendment) Order 2021

Lord Mann Excerpts
Monday 17th May 2021

(4 years, 10 months ago)

Grand Committee
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Lord Mann Portrait Lord Mann (Non-Afl)
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My Lords, it has taken some time for some very simple action to be taken on benzodiazepines. I first recommended this action in 2003 in the House of Commons and was ignored. I do not want to take issue with the Minister—I hope she does not feel that I am—but there is a concept which she and the noble Lord, Lord Crisp, raised, which I want to disagree with. It is about the unintended consequences of it, and it is not nit-picking, because of where the logic comes from.

Part of the justification for the proposal to the Committee—I entirely endorse the merits of agreeing it today—was that these three benzodiazepines have no identifiable health benefit. That rather misses the point, because even if they had a health benefit, the use of benzodiazepines in the illicit-drug-using and problematic-drug-using communities is prodigious. It can of course take place elsewhere, and there is a huge market for the resale of prescribed drugs; the noble Lord, Lord Crisp, alluded to that. That same market is particularly problematic when it comes to problematic users, by which I mean users whose drug dependency is such that it dominates their entire life and leads them into forms of behaviour that damage others. That is distinct from those who suffer misery by themselves in their own home, which can be through illegal drugs but which is far more often through the misuse of prescribed drugs. That latter category of people do not tend to buy the drugs illegally; they simply get them through perfectly legal prescriptions. However, there is a huge market in the sale of all products, some of which are obtained technically illegally—they are prescribed and then sold on—while others are in the entirely legal market, such as these three particular benzodiazepines.

Part of the dilemma we have and part of the weakness in the system in this country is that the ACMD logic still ties in with what criminal justice sees—and criminal justice still has a tendency not to want too many things to have to regulate and criminalise, because it means more work—as well as with health, and particularly public health, which has had an obsession with the perceived positive benefits of a cocktail of drugs, defined as one drug being used to counteract another drug. That is precisely the kind of use that drug addicts have for benzodiazepines. In my experience, I do not know anyone who has a heroin addiction, for example, who does not also use benzodiazepines. The two go together, although not usually literally together. So the public health input has often been to say, “Things are better out there, because it will help people’s health”. I think that is fundamentally wrong.

Our inability to get on top of drug treatment in this country is partly because criminal justice takes too much of a lead in this. That is not the Minister’s fault, although it is her problem, because she then has a responsibility. I happen to be Lord Mann, of Holbeck Moor in the City of Leeds, and I hope that the Minister will at some stage—I would be happy to accompany her—look at the managed prostitution red light district on Holbeck Moor. It is a health disaster and catastrophe and very unpopular with members of the local community, as I know from listening to them. I in no way purport to represent them; that is for the far more illustrious Members of the Commons. However, the notion of a managed red light district is precisely the kind of problem that has led to so much time being taken to make benzodiazepines illegal.

The Minister is right to bring this forward, but I think we need to knock heads together more, particularly in public health, which is silent too often. It is precisely why usually primary care, although it can be hospitals, has been allowed to overprescribe things that are actually a danger, either through overuse by the individual or misuse by others who get hold of them, sometimes by purchasing them. Benzodiazepines really fit that model in terms of the kinds of markets that are there.

I commend the Minister for this, but there is a great opportunity for this Government to take a leap forward in getting the public health agenda aligned with the criminal justice agenda. For all sorts of reasons, the Government are well positioned to do this in ways that other Governments were more fearful of. I hope that the Minister will look at that. It is not enough simply to make this illegal, because the same people will still be buying it, whether it is legal or illegal. We also need to try to get to the root causes and look at how health does or does not deal with it, and then the country will literally be a healthier place.

Undercover Policing Inquiry

Lord Mann Excerpts
Wednesday 14th April 2021

(4 years, 11 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I assume that the noble Baroness is referring to Northern Ireland. It is probably inappropriate to comment on that at this point, while judicial proceedings are ongoing.

Lord Mann Portrait Lord Mann (Non-Afl)
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An inquiry cannot request files where it does not know that they exist. Can we be assured that there are no files within the Home Office that have not been sought out, retrieved and provided to the inquiry?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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If the Home Office is asked for files that it has, it would most certainly have to provide them to the inquiry.

Lord Mann Portrait Lord Mann (Non-Afl)
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My Lords, I do not intend to replicate the points made by three excellent and very focused contributions; my comments will be not be instead of but additional and complementary to those, but I will stick to my complementary points because that will assist with brevity and perhaps even with clarity.

In backing the amendment, I want to bring to the House two examples from my experience. The first is the major investigation into heroin abuse that I carried out in 2002 in the mining villages of north Nottinghamshire, where I spoke to more than 300 local heroin users. I found one extraordinary correlation that I did not expect. While they had very different stories, backgrounds and situations, every single one of them bar none had suffered some form of major trauma in childhood. That trauma had not been noted by the system—by which I mean primarily schools and, in some instances, social services, but I am concentrating particularly on what schools missed—or, where it was noted, it was not addressed.

I cited in that inquiry specific examples of young children, primary school children, who got to school late because they did not know when they were meant to get up, because no parent was available to get them out of bed. So they would arrive at school at various times and in various forms of wear to try to participate. My experience was that they were not as successful in school as they could have been. But there was no additionality in the local authority, in its processes and in its funding to identify those problems.

Some children had experienced significant violence in their household, sometimes done to them, and, of course, where there was domestic violence against the mother, there was often violence also against the children. That was a critical part of the trauma in many cases. Such trauma can manifest in very different ways at an early age. One of the most common ways that I found was truancy; in other words, the simple act of not attending school, particularly when it was secondary school. What I noted with some disdain—and I continued to do so for many years, though I would argue against it—was how certain children were categorised as disruptive and their behaviour regarded as dysfunctional, which, on the face of it, it sometimes certainly was, and they did not attend school and school was often happy not to have them.

The fundamental problem that then arises is the effect on all the core communication skills, not least literacy. In a disproportionate number of cases, that directly correlates with domestic abuse, as spelled out in this Bill, in the household. That is example number one.

Example number two is that of a friend of mine, Terry Lodge. He was badly abused as a child. There was always violence, and as a consequence Terry did not go to school. He did not go to primary school as often as would have been helpful, and he did not go to secondary school at all. He was forced to work, and put into major industrial manual work at the age of 11 by his family.

Terry’s is one of the cases I took to the national child abuse inquiry. I represented him there, and I still assist him. He has had a full apology from the local authority, but no compensation yet, four years after his apology. That is absurd and disgraceful—and, more importantly, in my view, damaging. All the way through, Terry Lodge has had one primary request: he never learned to read or write. Nobody is prepared to address that fully. His compensation, if it ever emerges, will be for being handicapped in the labour market, because he could not get to the levels he would have reached if he had been able to read and write.

That directly relates to this amendment, and what it would create. That requirement, in terms of what local authorities do and how they see the world that they are dealing with, is a fundamental weakness in our systems that still exists today. I therefore commend this amendment to the Government. It is vital, and I hope they will accept it.

Baroness Whitaker Portrait Baroness Whitaker (Lab) [V]
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My Lords, I declare an interest as vice-chair of the All-Party Parliamentary Group on Speech and Language Difficulties, as patron of the British Stammering Association, and as a stammerer myself. I warmly endorse all that previous speakers have said, and I thank the Minister for his helpful meeting a few days ago.

I shall briefly address the issue of local authority support, as addressed by paragraph (c) of this important amendment. It is good that the Government have confirmed that local authority strategies will be published, in line with the public sector accessibility regulations, but we need more. Local authorities must also ensure that those will be available in properly inclusive formats, which people without mobiles or access to the internet can see, and in languages other than English.

That is because speech and language therapists, as is mentioned in the useful briefing from the Royal College of Speech and Language Therapists, report that various domestic abuse assessments, often verbally communicated, have not always been understood by people with communication needs, because of the level of understanding, retention and processing required, and often also because of their state of mind, exacerbated by stress brought on by abuse. It is difficult for people who are accustomed to communicating with ease to understand the real impediments to understanding experienced by some of those with communication needs.

The consequence, of course, is that assessments will not reflect the problem, appropriate support will not be forthcoming, and any rehabilitation or prevention programme will fail. What a waste of time and resources. Sadly, it is not uncommon for people with learning disabilities, including children, to be abused, and they are at greater risk of an inadequate professional response if we cannot ensure an effective way to communicate with them.

We need more developed and targeted guidance on how to do this—for instance, following my noble friend Lady Andrews, we could insert references, at paragraphs 81 and 105 in chapter 2 of the draft statutory guidance framework, to accessible information and inclusive communication, and we could state explicitly, in Chapter 4, paragraph 125, that any reference to risk assessment must list speech, language and communication needs as a specific vulnerability which requires an appropriate format. Plain English would be a good start.

Domestic Abuse Bill

Lord Mann Excerpts
Lord Mendelsohn Portrait Lord Mendelsohn (Lab) [V]
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My Lords, I speak in support of this group of amendments, which I have signed. I associate myself with the excellent speech of the noble Baroness, Lady Altmann, and my colleagues. I also thank the Minister and the noble Baroness, Lady Williams, and the officials of the domestic abuse commissioner for their engagements on these amendments.

There is indeed progress. As my noble friends have said, there are some clear indications for some modest but significant improvements as outlined. Crucially, I hope we will hear some reassurance, building on what was said in Committee, that statutory guidance, as provided for in Clause 73, will take into account the measures proposed in the amendments.

It is also important to note that there is a host of additional elements throughout this Bill which support the plight of victims and will provide new opportunities for assistance and help, including DAPOs, the role of the domestic abuse commissioner and many others. There is no doubt that more will be done over time. At its very heart, this is a form of gender discrimination that we really cannot accept.

The Government have made a number of arguments as to why they could not go further or place these matters on the face of the Bill. Indeed, there is a reasonable point that the Government have not had enough time to tease through all the different implications for all faiths on this matter. There is a less persuasive point about drafting preferences.

There are two arguments, however, that are surely utterly wrong and incompatible with the underlying intentions behind this Bill: namely, that this is only domestic abuse in certain circumstances and that English law alone cannot solve this matter. A plainly gender-specific arrangement which places women where they have less rights and power in courts, which are exclusively run by the decisions of men, is wrong. This is not a situation we should accept, nor is it an arrangement we should settle for, even under any calculation of what religious freedoms should be accorded to faith communities in our country.

In Holland, the courts have been making rulings which have included fines and even imprisonment of husbands unwilling to deliver gets, with all the support of the rabbinate and the religious courts. In fact, under Dutch jurisprudence since 2002, which was strengthened in specific legislation just a couple of years ago—and which has been accessed by Jewish women across Europe, including, previously, some from the UK who, unfortunately, can no longer access it now—the secular courts are able to unchain Jewish women in these circumstances. The distinguished Chief Rabbi Pinchas Goldschmidt, the head of the conference of European orthodox rabbis, supports this measure, as does rabbi Aryeh Ralbag, the former chief rabbi of Amsterdam, who now works in the orthodox courts in New York to bring reform and change. They support the Dutch judiciary’s proactive approach and recognise that, over 2,000 years, the role of the religious courts and the nature of Jewish communities in modern times is different. In response to the opposition of those who resist any notion that secular values or laws should ever interfere in how the Jewish law operates in liberal democracies. Rabbi Ralbag has powerfully said:

“Am I concerned that this is creating a precedent for interference? In some places, yes, I am. But I and every rabbi need to measure this against the pain and suffering that is being visited on Jewish women right now. And right now, this is what we can do to help”.


Regrettably, we are a long way from that here in the UK, but this is something that I think should inspire us that more can and must be done through this Bill—and indeed after it. I have been truly shocked and humbled over the issues presented by these amendments. I have been contacted by tens of women in this situation since I first spoke out. I have heard the most traumatic stories, including with people I knew, and in some cases people I have socialised with. How true it is that you never know what is going on, even with people you think you know well. The private torments, appalling behaviour, abuse and control—it has been utterly shocking. How important it is that there are excellent organisations such as the Jewish Women’s Aid and GETTout UK. I have been shocked at how some members of the legal profession have been providing the use of the get as a bargaining chip to ensure that women cannot receive what the law is clear and firm they are fully entitled to.

These issues go much deeper than the granting of the get and involve many cases that do not even touch the sides of the religious courts, where they are prepared to intervene. So while I am grateful to the Government for the progress that I hope the Minister will confirm during his speech, we cannot be satisfied with where we are. There is a huge duty on leaders in the Jewish community to face up to this dark side. While thus far it does not do what the Dutch have done, I hope the Bill will make them think and come round to proposing more legislative interventions themselves. I hope Jewish women will find comfort in the support that the Bill will give them in their struggles ahead, and for that we must be grateful.

Lord Mann Portrait Lord Mann (Non-Afl)
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My Lords, it is a pleasure to listen to and follow my noble friend Lord Mendelsohn and the other sponsors of these amendments.

I wish to make two brief points. The first is that whenever there is an unequivocal imbalance in power relations, that affects behaviour. The behaviour relayed to me in the context of these amendments particularly concerns women who remain in abusive relationships precisely because, in any definition of “negotiation”, the odds of getting out are stacked against them. One cannot go fairly into a separation negotiation if the other side has additional cards that are greater than the ones you possess. That imbalance affects ongoing behaviour; it will be affecting people’s behaviour now, as my noble friend Lord Mendelsohn rightly pointed out, in cases where perhaps no one will know anything at all other than the woman directly affected. There is a responsibility on the Government to listen acutely to the expertise being brought.

That brings me to my second point—and it is an apposite time to be making it in the context of Lord Speaker elections and people thinking about the size of the House—about the diversity of this place. There is no purpose in having an unelected Second Chamber if it does not represent the diversity of the communities out there. With these amendments and the Government’s arguments against them, we see a juxtaposition of the best and the not so good. Here we see a community effectively represented, by Members from across the range of the political spectrum knowledgably putting forward their expertise to the Government and to the House. But if we are to have a purpose here and carry out the precise role that an unelected Chamber needs to, we need to be far more inclusive of all communities across the country. The amendments, as clearly as any that I have ever seen, absolutely demonstrate the strengths of this House but also, in a sense—and I anticipate that this will be the Government’s response—part of its ongoing weaknesses, in that we are not inclusive enough of all communities.

I congratulate those who have brought forward their expertise from their community for the rest of us. With such cross-party wisdom, it would be foolish of us to ignore that expertise.

Lord Polak Portrait Lord Polak (Con)
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It is a pleasure to follow the noble Lord, Lord Mann, who, as a non-Jew, has done, and continues to do, so much in the fight against anti-Semitism.

The well-informed debate in Committee was a good one and today’s debate has been just as important and impressive. I am delighted to confirm the assertions by the noble Lord, Lord Winston, about his mother, the late Ruth Winston-Fox; she was a force to be reckoned with but also a wonderfully warm, creative and successful campaigner. She clearly produced quite an impressive son, too.

The Bill, which is welcomed across the House and beyond, is about helping as many people who need it as possible. That is why I support my noble friend Lady Altmann’s amendments; as always, she made the case strongly and eloquently. I too am grateful to the Government, specifically on the Front Bench, my noble friends Lady Williams and Lord Wolfson. There can be no doubt in my mind that withholding a get is abusive behaviour. I also pay tribute to the inspiring work of Jewish Women’s Aid.

Domestic Abuse and Hidden Harms during Lockdown

Lord Mann Excerpts
Tuesday 19th January 2021

(5 years, 2 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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The noble Lord makes a good point. If there is money there to be spent for people who need our support, we should try to ensure that it gets out. I shall certainly discuss the matter with my honourable friend the Minister for Safeguarding, Vicky Atkins, and see what we can do to expedite some of the money for the remainder of this year.

Lord Mann Portrait Lord Mann (Non-Afl) [V]
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There are additional complications in dealing with domestic violence in the Gypsy, Roma and Traveller community, and the lockdown, in all its forms, has significantly worsened this. Is the Minister confident that measures are in place to ensure that that community is sufficiently serviced by the services and facilities available?

Covert Human Intelligence Sources (Criminal Conduct) Bill

Lord Mann Excerpts
Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 11th January 2021

(5 years, 3 months ago)

Lords Chamber
Read Full debate Covert Human Intelligence Sources (Criminal Conduct) Act 2021 View all Covert Human Intelligence Sources (Criminal Conduct) Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 144(Corr)-R-II(Rev) Revised second marshalled list for Report - (11 Jan 2021)
There is one final thing I would like to knock on the head and that is the constant references to “any crime”. I do not understand this. With some of what has been said, I have wished we had ordinary rules of debate because I would like to have intervened. Some of the things I have seen written by noble Lords are absolutely outrageous. The fact is that the notification of the authorisation of a covert human intelligence source must comply, unqualified, with the European Convention on Human Rights. That is the reality. It rules out any crime. The Bill does not allow the legalisation of any crime. For Peers, who are legislators and opinion formers, to say this—frankly, I do not understand it. It is deliberately misleading the public and others. I think they should stop it and go back and read the reality of what we have been provided with.
Lord Mann Portrait Lord Mann (Non-Afl) [V]
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My Lords, I very much agree with the detail and the general sentiment in the excellent contribution of the noble Lord, Lord Rooker. The word “practical”, which he used several times, is a vital word, to which I would add “mundane”, which I think he used once, referring to the mundanity of many of the orders, and the potential volume of those mundane orders. I speak not as any legal expert, but as someone who was on the receiving end of precisely this. I was on the Economic League blacklist, undoubtedly because of the infiltration of the anti-apartheid movement by an agent of the state.

My concern is about the competence of the state. A book was written at the time by an extremist, a Stalinist and supporter of the Soviet Union called Denver Walker. The book is called Quite Right, Mr Trotsky! and it was released in the same year that I was having those problems. In it, he starts by saying that this could be Special Branch or MI5 in terms of what he is doing. He exposes every Trotskyist organisation in the country, naming names, citing examples and explaining ideology in minute detail. At the same time all the organisations he named, bar two, were infiltrated. That is now on the public record. The state was spending resources and putting a priority on infiltrating irrelevant, tiny organisations. The Revolutionary Communist Group, one of the two not infiltrated, is described in the book as being presumed by everyone on the ultra-left to be run by Special Branch. That is actually in his book.

Competence is critical. If we are trying to intervene in, for example, terrorist organisations or organised crime, competence is absolute and fundamental. Yet we have this history, in the 1970s and 1980s, of the most appalling incompetence. We had the targeting of irrelevant people, creating consequences for people who were on the side of the state in precisely the terms on which the state was infiltrating these organisations. What conclusions would I draw from that?

I draw the conclusion that the noble Lord, Lord Blunkett, whom I normally agree with, is fundamentally wrong to suggest that the judiciary has the wrong skill set for assessing and authorising such decisions in advance. I would say exactly the opposite. The judiciary has exactly the right skill set, not to know anything about extremist organisations or extremists but to hear and evaluate a coherent case—or an incoherent case, and turn that down if it is—when put forward by one of the agencies to or for which we are giving, clarifying or maintaining powers with the Bill.

If you are incapable, as intelligence services, the police or one of the other agencies, of putting a coherent case together for why you need authorisation, it would seem that the authorisation you need has a rather weak case. If that had happened in the 1970s and 1980s, a lot of that nonsense and wrong priorities would never have got past stage 1. They were based not even on a hunch, but on an irrelevance. If we are to have efficiency in getting into terrorist groups and organised crime, having a system that forces those who wish to do so to explain their rationale for what they plan to do, and why, and having someone able to assess whether that rationale is coherent, seems the right approach. The last people who should do it, therefore, are politicians.

The practicalities and mundanity are what we should be determining these decisions on. Of course there will be cases that are far from mundane in their application, but that does not mean that the same principles are not required in getting an agreement. It therefore seems to me that those amendments which push the Government in that direction should be welcomed by the Government, and those that do not should be rejected—not just by the Government, of course, but by the House.

Lord Carlile of Berriew Portrait Lord Carlile of Berriew (CB) [V]
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My Lords, the interesting lesson from the noble Lord, Lord Mann, on the history of the left—it is a pleasure to follow him—has shown exactly why the Government are right to make a root-and-branch reform, and introduce a structure based on statute for the handling of covert human intelligence sources. We have heard a lot about what happened in the past, but an awful lot has changed since the 1970s, the 1980s and the 1990s. The major changes in this kind of policing started after 9/11, which was like a massive electric shock to the whole system of detecting various serious crimes, because of the arrival of large-scale terrorism on the streets of Europe and in many other countries. An awful lot has happened, too, since 9/11. The methodology has been sophisticated quite enormously, hence the large amount of legislation since the events of 9/11.

I listened with particular interest, because I agreed with what they said, to my noble friends Lord Anderson and Lord Butler and the noble and learned Lord, Lord Mackay. I am a great believer in the theory of Occam’s razor, that entities should not be multiplied unnecessarily or, as it is sometimes put, “Keep it as simple as you can”. To start with, this is an operational issue. In the decision to make someone a CHIS, there is usually a very long period of assessment, a decision by management in consultation with the proposed CHIS handler and sometimes, as I said in an earlier debate, some behavioural analysis. This is an operational matter.