Victims of Crime: Mobile Phone Data

Lord Morris of Aberavon Excerpts

Wednesday 8th May 2019 Lords Chamber

Asked by

[Lord Morris of Aberavon]

To ask Her Majesty’s Government what consultation took place before the introduction of a consent form to allow police to access mobile phone content of complainants of offences; and how proportionality will be achieved.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the National Police Chiefs’ Council and the Crown Prosecution Service consulted a number of stakeholder organisations on the development of a national consent form. The CPS has issued guidance on the examination of mobile devices, making it clear that decisions should be made on a case-by-case basis in the pursuit of reasonable lines of inquiry. A commitment has been made to engage with stakeholders further on the form and guidance.

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[Lord Morris of Aberavon (Lab)]

My Lords, I am encouraged by the noble Baroness’s reply. The standardisation of consent forms has caused real concern, not least among police and crime commissioners. As a former criminal law practitioner, I know as a fact how difficult it is to get convictions in the probably around 90% of cases where the defence of someone known to the victim is consent, as opposed to an attack by a complete stranger. Will the Attorney-General, who appears to have agreed the new forms, take personal charge of any review to ensure proportionality, and can we hope that disclosure problems will be substantially reduced and that there will be more successful prosecutions?

[Baroness Williams of Trafford]

First, I commend the noble and learned Lord. Despite his efforts the other day, he was not able to get in when I answered the Urgent Question—or it may have been a Statement. However, he has now asked his Question and I am able to focus on it. He is absolutely right to raise the issue of consent. The JSC does not specifically cover consent but there is a discussion on privacy issues and its recommendation on this issue is, essentially, to have good guidance. The noble and learned Lord mentioned guidance and I will quote from the Select Committee’s report, which said:

“It is important that those who come forward to report serious offences, particularly those of a sexual or otherwise sensitive nature, are treated by investigators with respect and sensitivity. Their personal information should be handled in the same way and in accordance with their rights to privacy, where that is consistent with the interests of justice. The law is clear in that the right to a fair trial is an absolute right which cannot be violated to protect the right to privacy. We heard differing views on whether disclosing certain private information was always necessary to uphold the right to a fair trial, and this emphasises the need for clear guidance on this point”.

Victims of Crime: Mobile Phone Data

Lord Morris of Aberavon Excerpts

Monday 29th April 2019 Lords Chamber

[Lord Hogan-Howe (CB)]

My Lords, I am concerned about these proposals for two reasons. First, the major cause of some of the problems is demand. We have had far more reporting of sexual offences over the past few years, there is a greater availability of devices for recording digital data and there is far more social networking. There is a huge amount of information to trawl through and, as the noble Baroness, Lady Chakrabarti, said, it is no good giving even more access to this type of material if the police do not have the skills and resources to act on it. It would have been a good idea to talk about that alongside this proposal. Although resources have been going to the police, they have not been in this particular area.

More fundamentally, I am less relaxed than some noble Lords who have spoken about whether it is okay to trawl, as that is how it will be seen, through someone’s material. It will be seen as an intrusion into the privacy of the victim, even though I am sure it is not intended in that way. We have got to the stage where a person is now entitled to withdraw consent at the point of the sexual offence. It does not matter about sexual history or what happens after the event. Many of the offences where disclosure has been an issue have been about things and communications which have been shared after the event. I wonder, as a point of principle, why it is relevant to search someone’s communications before or after. Surely it is the event and the consent. We are in danger of moving away from that fundamental principle, which has been fought for an awful lot over the past 20 years, and this seems to be a backwards step.

[Lord Morris of Aberavon (Lab)]

My Lords—

[Baroness Williams of Trafford]

I know the noble and learned Lord is desperate to get in, but I shall answer the question asked by the noble Lord, Lord Hogan-Howe, first. I totally take his point about demand and the different ways of communicating and therefore the new demands on the police, the training what they have on to do and the resources that they need to do it.

I have talked about the money given to PCCs and the announcement of the quite significant increase in funding to the police going forward. The noble Lord made an important point about withdrawing consent and how we have become so much more attuned to what consent means, but I take his point that the police need to have the resources in place to deal with this as well as training.

Female Genital Mutilation

Lord Morris of Aberavon Excerpts

Thursday 7th March 2019 Lords Chamber

[Baroness Williams of Trafford]

I totally agree with my noble friend. Cultural practice is often used interchangeably with religious reasons. In fact, the practice of FGM has nothing to do with religion. If cultural practice is harmful to children—and this practice is terribly harmful to girls, not only when it is done but throughout their whole lives—then we will look to end it.

[Lord Morris of Aberavon (Lab)]

My Lords, as a criminal lawyer, I am fully aware of the problems of successful prosecutions, particularly when there are family interests, but the fact that there has been only one successful prosecution must mean that something is deeply flawed in investigating or prosecuting. Will the Minister convey to the Attorney-General my request that he considers inviting the inspectorates of police and CPS for their views?

[Baroness Williams of Trafford]

What I think the noble and learned Lord is pointing out is that, actually, this is quite a hidden crime. It has various protections, if you like, with family members and doctors not willing to come forward. Although we have had only one prosecution, we have at least had that one and we now need to work from there. We have had a lot of campaigns in local communities to highlight the fact that this is an illegal practice and should not be going on in communities.

Independent Inquiry into Child Sexual Abuse

Lord Morris of Aberavon Excerpts

Wednesday 28th November 2018 Lords Chamber

[Baroness Williams of Trafford]

I totally accept the noble Baroness’s point—I have just made it myself—that nobody wants to see any further delay, certainly given the age of some of these former child migrants. On reporting sexual abuse to external agencies, the noble Baroness is absolutely right: unless there is a proper system of support for these allegations, there is then further opportunity for internal cover-up.

[Lord Morris of Aberavon (Lab)]

My Lords, could the Minister comment on an item on the front page of today’s Times, which reports that a child-abuser in prison was able to stake his claim to parental rights to the child of the victim, to her astonishment. Is Rotherham Council part of the problem, or do the guidelines need to be changed?

[Baroness Williams of Trafford]

That report is extremely distressing for the individuals concerned and for all of us. I know that the relevant government departments here—the DfE and the MoJ—and the local authority will work urgently to understand the facts of this case and to implement any changes needed to the law or procedure. I thank the noble and learned Lord for raising this matter, because it is something on which I think we all agree.

Police: Serious and Violent Crime

Lord Morris of Aberavon Excerpts

Thursday 15th November 2018 Lords Chamber

[Lord Pearson of Rannoch (UKIP)]

My Lords—

[Lord Morris of Aberavon (Lab)]

My Lords—

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, it is clear that there are several noble Lords competing for a place. It is difficult to make a judgment, but I think we should hear from the Green Party.

Sexual Offences

Lord Morris of Aberavon Excerpts

Monday 22nd October 2018 Lords Chamber

Asked by

[Lord Morris of Aberavon]

To ask Her Majesty’s Government, in the light of the recent prosecutions in Huddersfield, whether there are sufficient resources to investigate the alleged sexual offences in the other towns and cities of the United Kingdom in a timely manner.

[Lord Morris of Aberavon (Lab)]

My Lords, I beg leave to ask a Question of which I have given private notice.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, these horrific crimes are sickening and I commend the bravery of victims coming forward and the police for the successful prosecutions so far. The Government have made a commitment to tackle child sexual abuse in all its forms and we have made a significant investment to help transform law enforcement’s response.

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[Lord Morris of Aberavon]

My Lords, justice delayed is justice denied and this seems to have happened from Huddersfield to Rochdale, from Halifax to Newcastle, and in many other towns. Criminal law practitioners have sought to maintain the rule of law for victims and perpetrators without fear or favour. Have timely investigation and prosecution been sacrificed in favour of social cohesion? Will the Government invite the inspectors of constabulary and the CPS to analyse and report on the timeliness of the investigations and the prosecutions?

[Baroness Williams of Trafford]

My Lords, I do not think that what has happened here is political correctness; I think that, given the sheer number of people involved in the types of crimes they committed against some very vulnerable girls, it has taken time to bring this case forward—and, of course, the case was delayed for reasons outside the CPS’s control. It is really important, for successful prosecutions to be brought, that full rigour goes into the investigation and subsequent prosecutions.

Rendition of UK Citizens

Lord Morris of Aberavon Excerpts

Tuesday 24th July 2018 Lords Chamber

[Baroness Williams of Trafford]

I most certainly agree with my noble friend that bringing the perpetrators of such heinous crimes to justice is absolutely paramount. However, I reiterate the Government’s position: we oppose the death penalty in all cases.

[Lord Morris of Aberavon (Lab)]

My Lords, hard cases never make good law, however horrific these allegations are. Despite what the Minister has said, has not the principle of not sending anyone abroad to face trial where there is a possibility of a death sentence been abandoned? How will the Government deal with the cases of other British citizens who face the death penalty? How will they ever again be able to make representations on their behalf?

[Baroness Williams of Trafford]

I make it absolutely clear that we have not sent anyone abroad to face the death penalty.

Brexit: European Union Police Databases and Extradition Arrangements

Lord Morris of Aberavon Excerpts

Wednesday 20th June 2018 Lords Chamber

[Lord Davies of Stamford (Lab)]

My Lords—

[Lord Morris of Aberavon (Lab)]

My Lords—

[Lord Taylor of Holbeach (Con)]

My Lords, the noble Lord, Lord Anderson, was first to rise in his place.

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[Lord Davies of Stamford]

My Lords—

[Lord Morris of Aberavon]

My Lords—

[Lord Blunkett (Lab)]

My Lords—

Domestic Violence: Women

Lord Morris of Aberavon Excerpts

Thursday 8th March 2018 Lords Chamber

[Lord Morris of Aberavon (Lab)]

My Lords, a major difficulty in some of these appalling cases, in which I have been involved judicially, is that there are no witnesses other than the participants. That is one of the problems of proving the cases. Do I presume that the same standard of proof will prevail nevertheless?

[Baroness Williams of Trafford]

The noble and learned Lord is absolutely right that, quite often, there are no witnesses other than the participants who mete out such abuse on women; quite often, there are no physical signs of abuse where it involves coercive control and, as the Home Secretary mentioned this morning, economic control of women. That is why we are strengthening the law and why we have gone out to consultation: so that such things may be pursued. It is also why the domestic violence protection order is being introduced.