Asked by: Lord Moylan (Conservative - Life peer)
Question to the Home Office:
To ask His Majesty's Government how many appeals against the issue of Community Protection Notice were successful in each year since 2015; and whether they have any plans to review the appeals process to ensure that it is operating as intended.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
It is for local areas to decide how best to deploy the powers in the Anti-social Behaviour, Crime and Policing Act 2014, including Community Protection Notices (CPN), depending on the specific circumstances. They are best placed to understand what is driving the behaviour in question, the impact that it is having, and to determine the most appropriate response. The Home Office do not hold any data on appeals.
The Home Office published statutory guidance to support local areas to make effective use of these powers. The guidance sets out the importance of focusing on the needs of the victim and the local community, as well as ensuring that the relevant legal tests are met. This guidance was updated in March 2023 to ensure a victim-centred approach to tackling anti-social behaviour (ASB) as well as stronger use of the powers and tools in the 2014 Act. The guidance is regularly reviewed and updated in line with stakeholder feedback on the powers to ensure greater and more consistent use.
On 27 March 2023, in parallel with publication of the Anti-social Behaviour Action Plan, the Government launched a consultation on the ASB powers and Community Safety Partnerships (CSPs). The consultation, which was referenced in the ASB Action Plan, was intended to garner views on strengthening powers, including CPNs, to tackle ASB; and strengthening the relationship between CSPs and Police and Crime Commissioners (PCCs) to give PCCs a greater role in CSP activity, including how they tackle ASB. A Government response to the findings in the consultation will be published in due course.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Home Office:
To ask His Majesty's Government what plans they have, if any, to make an assessment of the use of Community Protection Notices, with a view to (1) ensuring compliance with statutory guidance, and (2) considering what improvements may be made to the latter.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
It is for local areas to decide how best to deploy the powers in the Anti-social Behaviour, Crime and Policing Act 2014, including Community Protection Notices (CPN), depending on the specific circumstances. They are best placed to understand what is driving the behaviour in question, the impact that it is having, and to determine the most appropriate response.
The Home Office published statutory guidance to support local areas to make effective use of these powers. The guidance sets out the importance of focusing on the needs of the victim and the local community, as well as ensuring that the relevant legal tests are met. This guidance was updated in March 2023 to ensure a victim-centred approach to tackling anti-social behaviour (ASB) as well as stronger use of the powers and tools in the 2014 Act. The guidance is regularly reviewed and updated in line with stakeholder feedback on the powers to ensure greater and more consistent use.
HMICFRS routinely collect data on CPNs and wider powers directly from police forces for the purposes of inspection activity. We will be publishing the latest statistics on use of ASB powers across England and Wales by the police, including Community Protection Notices, as part of a broader piece of research on police perception of ASB powers.
On 27 March 2023, in parallel with publication of the Anti-social Behaviour Action Plan, the Government launched a consultation on the ASB powers and Community Safety Partnerships (CSPs). The consultation, which was referenced in the ASB Action Plan, was intended to garner views on strengthening powers, including CPNs, to tackle ASB; and strengthening the relationship between CSPs and Police and Crime Commissioners (PCCs) to give PCCs a greater role in CSP activity, including how they tackle ASB. A Government response to the findings in the consultation will be published in due course.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Home Office:
To ask His Majesty's Government what plans they have to publish statistics on the numbers of Community Protection Notices issued by councils and police.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
It is for local areas to decide how best to deploy the powers in the Anti-social Behaviour, Crime and Policing Act 2014, including Community Protection Notices (CPN), depending on the specific circumstances. They are best placed to understand what is driving the behaviour in question, the impact that it is having, and to determine the most appropriate response.
The Home Office published statutory guidance to support local areas to make effective use of these powers. The guidance sets out the importance of focusing on the needs of the victim and the local community, as well as ensuring that the relevant legal tests are met. This guidance was updated in March 2023 to ensure a victim-centred approach to tackling anti-social behaviour (ASB) as well as stronger use of the powers and tools in the 2014 Act. The guidance is regularly reviewed and updated in line with stakeholder feedback on the powers to ensure greater and more consistent use.
HMICFRS routinely collect data on CPNs and wider powers directly from police forces for the purposes of inspection activity. We will be publishing the latest statistics on use of ASB powers across England and Wales by the police, including Community Protection Notices, as part of a broader piece of research on police perception of ASB powers.
On 27 March 2023, in parallel with publication of the Anti-social Behaviour Action Plan, the Government launched a consultation on the ASB powers and Community Safety Partnerships (CSPs). The consultation, which was referenced in the ASB Action Plan, was intended to garner views on strengthening powers, including CPNs, to tackle ASB; and strengthening the relationship between CSPs and Police and Crime Commissioners (PCCs) to give PCCs a greater role in CSP activity, including how they tackle ASB. A Government response to the findings in the consultation will be published in due course.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Home Office:
To ask His Majesty's Government what assessment they have made, if any, of the use of Community Protection Notices since 2014.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
It is for local areas to decide how best to deploy the powers in the Anti-social Behaviour, Crime and Policing Act 2014, including Community Protection Notices (CPN), depending on the specific circumstances. They are best placed to understand what is driving the behaviour in question, the impact that it is having, and to determine the most appropriate response.
The Home Office published statutory guidance to support local areas to make effective use of these powers. The guidance sets out the importance of focusing on the needs of the victim and the local community, as well as ensuring that the relevant legal tests are met. This guidance was updated in March 2023 to ensure a victim-centred approach to tackling anti-social behaviour (ASB) as well as stronger use of the powers and tools in the 2014 Act. The guidance is regularly reviewed and updated in line with stakeholder feedback on the powers to ensure greater and more consistent use.
HMICFRS routinely collect data on CPNs and wider powers directly from police forces for the purposes of inspection activity. We will be publishing the latest statistics on use of ASB powers across England and Wales by the police, including Community Protection Notices, as part of a broader piece of research on police perception of ASB powers.
On 27 March 2023, in parallel with publication of the Anti-social Behaviour Action Plan, the Government launched a consultation on the ASB powers and Community Safety Partnerships (CSPs). The consultation, which was referenced in the ASB Action Plan, was intended to garner views on strengthening powers, including CPNs, to tackle ASB; and strengthening the relationship between CSPs and Police and Crime Commissioners (PCCs) to give PCCs a greater role in CSP activity, including how they tackle ASB. A Government response to the findings in the consultation will be published in due course.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Department for Transport:
To ask His Majesty's Government whether any body authorised the temporary erection of a structure in the highway adjacent to the Cenotaph during the demonstration held on 14 October, and if so under what power.
Answered by Baroness Vere of Norbiton
Decisions on the authorisation of temporary structures on the highway is entirely a matter for Westminster City Council as the local highway authority.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government what discussions they have had with the Northern Ireland Department of Education concerning its guidance on relationships and sexual education, particularly in relation to whether that guidance will permit parents to withdraw their children in a similar manner to that in England.
Answered by Lord Caine
The Relationships and Sexuality Education (Northern Ireland) (Amendment) Regulations 2023 place a duty on the Department of Education to introduce regulations to ensure that a pupil may be withdrawn from education on sexual and reproductive health and rights or elements of that education, at the request of a parent. This follows the approach taken in England and Scotland. Officials will continue to engage with the Northern Ireland Department of Education to ensure this duty is successfully discharged.
The Department of Education has confirmed it will consult on both the guidance and the provisions for the circumstances in which a pupil may be excused from the education or specified elements of that education.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Home Office:
To ask His Majesty's Government what plans they have to ensure guidance developed by the College of Policing and the National Police Chiefs Council on buffer zones will protect the internationally recognised human rights of freedom of (1) conscience, (2) speech, (3) religion, and (4) assembly.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
Ahead of the commencement of section 9 of the Public Order Act 2023, the College of Policing and the Crown Prosecution Service are updating relevant public order guidance and training to reflect the inclusion of the offence of interference with access to or provision of abortion services.
In accordance with human rights obligations, the College of Policing and the Crown Prosecution Service are required to consider the rights provided under Article 9 of the European Convention on Human Rights (ECHR), including the right to freedom of thought, conscience and religion, which is an absolute right under Article 9 of the ECHR, Article 18 of the International Covenant on Civil and Political Rights and directly linked to freedom of opinion in Article 10 of the ECHR. As an absolute right, there can be no legitimate justification on the part of the public authority to limit, interfere or otherwise penalise persons for their exercise of the right to freedom of thought. However, freedom to manifest religion or belief is qualified. It shall be subject only to such limitation as are prescribed by law and are necessary in a democratic society in the interest of public safety, for the protection of the public order, health or morals or the protection of the rights and freedoms of others.
Public bodies must also consider Article 10 (freedom of expression) and Article 11 (freedom of assembly and association) of the ECHR, recognising these are qualified rights, which can sometimes be infringed upon to uphold other rights.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what steps they are taking to ensure the "special status” of the human embryo continues to be upheld in any decisions related to human embryo research; and whether they will make an assessment of the recent Human Fertilisation and Embryology Authority consultation, in particular given that it omitted any mention of the protected “special status” of the embryo or any related ethical considerations.
Answered by Lord Markham
The Human Fertilisation and Embryology Authority (HFEA) has advised that any decisions related to human embryo research are undertaken in accordance with the Human Fertilisation and Embryology Act 1990 (as amended). The Government asked the HFEA to undertake a stakeholder dialogue to identify priorities for modernisation of the Act in 2021, and the report of this work is not expected to be completed until autumn 2023.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government whether they intend to review the safety of abortion pills being sent by post.
Answered by Lord Markham
The Government has no current plans to commission a review into the practice of sending pills for women to carry out early medical abortion at home.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what assessment they have made of the prosecution of Carla Foster for an offence under section 58 of the Offences Against the Person Act 1861; and what consideration they have given to proposing legislation to prevent similar cases from happening, in particular, by reintroducing the requirement for women to be seen in-person at least once before being issued abortion pills.
Answered by Lord Markham
No assessment has been made. Decisions to prosecute in England and Wales are a matter for the independent Crown Prosecution Service (CPS). As with all criminal offences, in deciding whether to bring a prosecution the CPS will apply the two-stage test in the Code for Crown Prosecutors: whether there is sufficient evidence to provide a realistic prospect of conviction; and whether a prosecution is needed in the public interest.
Parliament voted to amend the Abortion Act 1967 to allow women in England and Wales to take one or both pills for early medical abortion at home. Women should be given the choice to either have an in-person consultation with a clinician or to have a virtual consultation, and if eligible, will be able to take both pills for early medical abortion at home. We have been clear that abortion providers should not move to a digital by default approach.
There are no plans to review or change abortion laws. As with other matters of conscience, abortion is an issue on which the government adopts a neutral stance.