Brexit: UK-EU Security (EUC Report)

Lord Paddick Excerpts

Tuesday 7th February 2017 Lords Chamber

[Lord Paddick (LD)]

My Lords, I am not sure whether this is declaring an interest or providing background information, but I was a police officer in the Metropolitan Police between 1976 and 2007.

I thank the noble Baroness, Lady Prashar, for her comprehensive introduction to this debate. I welcome this report and congratulate the committee for isolating what I consider to be the most important implications for the UK of leaving the EU in relation to policing and security co-operation. In addition to reading the report, I have had the benefit of talking to David Armond, who is leading for the National Crime Agency on these issues, and to Lynne Owens, the director-general of the National Crime Agency. This is where I part company at an early stage with the noble Lord, Lord Wasserman. While he is quite right about the tenacity of police officers and police professionals to overcome obstacles, my experience from over 30 years in the Metropolitan Police is that I would not underestimate the ability of politicians to work in completely the opposite direction.

As the report concludes, and as the noble Baroness, Lady Prashar, said, the importance of many of the mechanisms that enable the UK and the EU to co-operate effectively in this area cannot be overstated. Some aspects are equally if not more advantageous to the EU 27 than to the UK, and we would want such co-operation to continue, but the report also points out that that is not straightforward. In other aspects, of course, the UK is the major beneficiary. The UK uses Europol, for example, more than any other country, accounting for around 40% of the data flows.

I want to emphasise what I see as some of the major issues and, as noble Lords would expect, I shall concentrate on the policing aspects. First, in the past the UK was instrumental in shaping the nature of police co-operation and security matters, but it will no longer be able to exert such influence once it is outside the European Union. Having spent so long being in control as far as security and police co-operation are concerned, even if the UK is allowed to stay on board—over which there is some doubt—it will no longer be in the driving seat. Interestingly, the report highlights how the balance between security and privacy, when it comes to the acquisition and sharing of intelligence, may tip against the UK without it being able to influence that. Of course, many on these Benches would see that as a good thing, because the balance would inevitably tip in favour of privacy following the passing last year of the Investigatory Powers Act, but others may be more concerned.

Secondly, and more worryingly, the UK Government have stated that they intend to use their strong position on police and security co-operation as a bargaining counter in the overall negotiations with the European Union. In a situation where most commentators believe that everything should be done to maintain the current level of police and security co-operation, it is worrying that the Government might be threatening to reduce or end such co-operation should the UK not get what it wants in other areas.

The third issue is the necessity for common standards and adjudication arrangements when it comes to many of the most valuable EU-wide mechanisms. The essential element of all these mechanisms is the sharing of information and intelligence, for which there must be common standards of data protection, as the noble Lord, Lord Soley, has just mentioned. The need to meet EU data protection standards is not just an issue of the UK giving up sovereignty in this area, in that it will not be able to set its own data protection standards that fall short of those set by the EU. If in the future the EU decides to enhance those standards, the UK will have no say in that decision-making process. There is a clear trade-off here between UK sovereignty and UK security, and I hope that the noble Baroness can explain which of the two will be sacrificed. According to the report, in 2014 the Government said that they would,

“never put politics before the protection of the British people”,—[Official Report, Commons, 10/11/14; col. 1224.]

so I am guessing that the UK will abide by EU data protection law.

Practitioners believe that something very close to full membership of Europol is essential, but Europol is accountable to EU institutions, including the European Court of Justice, and we have just heard from the noble Lord, Lord Soley, that it looks like the European Parliament is going to become more heavily involved in overseeing Europol. But the Government have made clear that they do not want to be subject to the ECJ. Can the Minister explain how this will work and tell us how many other mechanisms such as Eurojust, for example, rely on the jurisdiction of the ECJ?

There are other issues. There is no precedent for a non-Schengen, non-EU country to be a member of the second generation Schengen information system which, among other things, allows patrol officers in the UK to identify in real time people wanted under European arrest warrants and those who are of interest to counterterrorism agencies. The noble Lord, Lord Wasserman, talked about precedents and said that we should not be bound by the fact that, just because it has not happened in the past it should not happen in the future, but as the noble Lord, Lord Soley, said, it takes time to negotiate alternatives. The report helpfully gives the example of the extradition arrangements between Norway and the European Union. Bearing in mind that Norway is within the Schengen area, there are arguably stronger links between Norway and the EU than the UK will have after we leave. The negotiations for that extradition agreement started in 2001 and were concluded in 2014, and it has still not come into force. There is a real danger of there being a considerable gap in capability if we are not very careful.

No non-European Union country has access to the European Criminal Records Information System where, as the noble Lord, Lord Wasserman, said, the criminal records of EU nationals are shared between member states. I am also very concerned that, as the noble Baroness, Lady Prashar, mentioned, apparently the Secretary of State for Exiting the European Union has said that we would no longer be part of the Prüm decisions, which allows for the very rapid sharing of fingerprints, DNA profiles and vehicle number plates. Under Prüm, these take between seconds and a maximum of 24 hours, whereas the National Crime Agency says that alternative arrangements with other countries under Interpol take weeks or months, and indeed some inquiries are never responded to at all. It would be a very serious matter if the UK withdrew from the Prüm decisions.

There is little doubt that the Prime Minister’s threat that she would walk away rather than accept a bad deal from the EU would have serious consequences if it included no deal on policing and security co-operation. Coming out of the single market and the customs union may slow growth in the economy, but walking away from policing and security co-operation would pose a serious risk to public safety. The Prime Minister has said that every aspect of our relationship with the EU is on the negotiating table. Perhaps the Minister would like to suggest to the Prime Minister that she should rethink that. This is one baby that we should not throw out with the bathwater.

Brexit: Customs and Border Staff

Lord Paddick Excerpts

Monday 6th February 2017 Lords Chamber

[Lord Paddick (LD)]

My Lords, there has been a 25% reduction in funding per passenger for the UK Border Force since 2011. The Minister mentioned that e-gates—automatic gates—at airports for EEA nationals mean that the reduction in funding has not resulted in a lessening of security. Can she say what will happen when we leave the European Union and EEA nationals will no longer be subject to this, rather worryingly termed, soft border regime?

[Baroness Williams of Trafford]

My Lords, the number of full-time Border Force employees has ranged from approximately 7,600 to 8,100 in the past few years. As I said earlier, there may have been a reduction perhaps last year in workforce because it is within that range but e-gates and other infrastructure improvements have improved the system. In 2016-17 we invested £68 million in capital for infrastructure improvements.

Child Migrants: Italy

Lord Paddick Excerpts

Wednesday 25th January 2017 Lords Chamber

[Baroness Williams of Trafford]

There are several questions there. The noble Baroness continued the theme of the noble Lord, Lord Alton. He spoke of children whom we would dearly like to assist who are living in conditions that are less than satisfactory in European countries. I cannot stress enough that we can help only when the country in question gives us leave to come and help. We have got a long-standing secondee in Italy. There are also NGOs in Italy such as UNHCR.

As to specifying the number, the Government have committed to transferring a specified number of refugee children to the UK from within Europe. They will specify that number in due course.

[Lord Paddick (LD)]

My Lords, unaccompanied child migrants are likely to have been subjected to significant trauma. Can the Minister tell the House what assistance the Government are giving to ensure that accompanied child migrants receive appropriate psychological support, whether they are in Europe or in the UK?

[Baroness Williams of Trafford]

I think I touched on this in my response to the right reverend Prelate, but the noble Lord is absolutely right to raise this subject. He will know that the Government already have in place a comprehensive strategy for safeguarding children, including unaccompanied asylum-seeking and refugee children, who arrive here severely traumatised and in some cases require a package of care. The Immigration Minister’s joint Written Statement with the Minister of State for Vulnerable Children and Families on 1 November committed the Government to publishing a strategy for the safeguarding of unaccompanied asylum-seeking and refugee children in England, and the children who have been identified for transfer from Europe.

The good news is that we have already been working with local authorities, charities and other organisations to make sure that plans are in place to give these children the immediate support they need—which I think was what the noble Lord was alluding to.

Taqiyya and Al Hijra

Lord Paddick Excerpts

Tuesday 24th January 2017 Lords Chamber

[Baroness Williams of Trafford]

I am sure that this House would be very happy and more educated for hearing from the most reverend Primate the Archbishop of Canterbury. I thank the most reverend Primate the Archbishop of York for putting the whole thing into context. Fleeing persecution is not the same thing as denying your religion.

[Lord Paddick (LD)]

My Lords, we should leave to one side what appear to me to be blatant attempts to stir up hatred against the Muslim community. Instead, I want to ask the Minister a question on what she said in her Answer about strengthening partnerships with communities. Do the Government agree with the Independent Reviewer of Terrorism Legislation, David Anderson QC, the Joint Committee on Human Rights and the Home Affairs Select Committee that there should be an independent review into the Government’s Prevent strategy, and if not why not?

[Baroness Williams of Trafford]

The noble Lord will know that we regularly review Prevent. In fact, Prevent has been reviewed quite recently, and has been seen to help those who might be targeted by people who wish to put poisonous ideologies into their heads—in other words, the victims of these people—to turn their lives around.

Brexit: Hate Crimes

Lord Paddick Excerpts

Thursday 19th January 2017 Lords Chamber

[Baroness Williams of Trafford]

It is hypothetical but I hope I can reassure my noble friend that the Government are prepared and have learned the lessons from some of the events we have seen in the last year. Again, to go back to the noble Baroness’s Question, some of the language has been quite inflammatory, both in the media and from some members of the community following the EU referendum. I think that both as a society and as a Government, we are prepared, and we are engaged consistently and constantly with representatives of the various communities across the country.

[Lord Paddick (LD)]

My Lords, the latest crime figures show an increase of about 200 hate crimes a week in 2015-16 compared with the previous year. There has been a 40% increase in hate crime since 2013-14. This is not a spike but a trend and police action is simply addressing the symptoms. What assessment have the Government made of the causes of these increases and do they believe, as we do, that the increase in populism and nationalism is behind these significant and worrying increases?

[Baroness Williams of Trafford]

My Lords, I heard various tales post-referendum about the various communities—

Passport Applications: Digitisation

Lord Paddick Excerpts

Wednesday 18th January 2017 Lords Chamber

[Baroness Williams of Trafford]

The noble Lord points out precisely the criteria that are used to measure quality and are required for photographs. Those security standards are no different in the online application process than they were in the old paper process. There was no more risk of the customer getting it wrong under the old system than there is under the new system.

[Lord Paddick (LD)]

My Lords, under the old system, as it is called, somebody has to certify on the back of the photograph that it is a true likeness of the passport holder. How is that going to be achieved if it is a completely digital application process?

[Baroness Williams of Trafford]

My Lords, the current service, which has been in place since April last year, is available only to adults over the age of 26 who have previously held a British passport. That is where the rigour is in the new process.

Policing and Crime Bill

Lord Paddick Excerpts

Ping Pong (Hansard): House of Lords
Wednesday 18th January 2017 Lords Chamber

[Lord Paddick (LD)]

My Lords, I support the remarks of the noble Baroness, Lady O’Neill of Bengarve. If anybody is in any doubt about the need for Leveson 2, which was intended to be an inquiry into the potential for corrupt practice between the police and the press, let me say that, with the former Prime Minister, David Cameron, the then leader of the Opposition, Ed Miliband, and the former Deputy Prime Minister, Nick Clegg, I met with the family of Milly Dowler. The Sunday before that series of meetings took place, Mr Dowler received a phone call from Surrey Police to tell him that the News of the World had told Surrey Police at the time of Milly Dowler’s disappearance that it had hacked into Milly Dowler’s voicemail and retrieved information from it. Surrey Police did nothing at all to prosecute the News of the World over that issue, and it was only the day before that series of meetings that Surrey Police told Mr Dowler that it had known all along that the News of the World had hacked into Milly Dowler’s voicemail. This is the sort of matter that we have not got to the bottom of yet, and Leveson 2 should be held in order to establish what happened.

On financial privilege, I agree with the noble Baroness, Lady O’Neill of Bengarve. Parliament has already committed to the expenditure for Leveson 2; the amendment simply says that it is Parliament itself that should decide that that money should not be spent. The amendment would not involve additional money which has not previously been committed.

However, there is an issue with the wording of the amendment. Our reading of the amendment, if correct, suggests that as the chair of the inquiry, Lord Justice Leveson could override the view of both Houses of Parliament, in that if both Houses voted not to hold Leveson 2 but Lord Justice Leveson himself disagreed with that, the inquiry would still go ahead. We feel that that is a defect in the amendment. Clearly, there will be an opportunity for that to be corrected if we support the amendment today and it goes to the other end, but I hope that the noble Baroness will consider that carefully in considering whether we are on firm enough ground to divide the House on the amendment.

I cannot stress strongly enough from our side how important we think Leveson 2 is and how it needs to take place. We will take every opportunity we are offered to ensure that the Government hold the Leveson 2 inquiry.

[Lord Rosser (Lab)]

Like, I imagine, many other Members of this House, I have received an email from Margaret Aspinall in her capacity as chairwoman of the Hillsborough Family Support Group, asking me to support this amendment. I will not repeat the terms of the email, which I believe has been widely circulated, but it is an indication of the widespread and heartfelt concern that Leveson part 2 might not proceed.

The Leveson inquiry was set up with cross-party agreement and firm commitments from the then Conservative Prime Minister that Leveson part 2 would take place. Let us be clear: Leveson part 2 was in the agreed terms of reference of the Leveson inquiry. The words in the terms of reference for part 2 conclude with:

“In the light of these inquiries, to consider the implications for the relationships between newspaper organisations and the police, prosecuting authorities, and relevant regulatory bodies—and to recommend what actions, if any, should be taken”.


When the Lords amendment on Leveson part 2 was considered in the Commons last week, the Government said that,

“given the extent of the criminal investigations into phone hacking and other illegal practices by the press that have taken place since the Leveson inquiry was established, and given the implementation of the recommendations following part 1, including reforms within the police and the press, the Government must consider whether proceeding with part 2 of the inquiry is appropriate, proportionate and in the public interest”.—[Official Report, Commons, 10/1/17; col. 247.]

Those are words with which we are uncomfortable. They sound like the words of a Government who have already decided they do not wish to proceed with part 2 and are looking for their public consultation, which has now concluded, to give them a cloak of respectability for going back on previous firm pledges that part 2 of Leveson would take place.

The inquiries under the terms of reference of Leveson part 2 have not taken place, and thus neither have we had, nor, I would suggest, if this Government think they can get away with it, will we have the considered implications, in the light of those inquiries, for the relationships between newspaper organisations and the police, prosecuting authorities and relevant regulatory bodies with recommendations on what actions, if any, should be taken, called for and provided for under the terms of reference of Leveson part 2.

The Government appear in effect to have decided that they already know what would emerge from the Leveson part 2 inquiries and, likewise, what the recommendations would be without those inquiries taking place and recommendations being made. Frankly, it begins to look as though some powerful individuals and organisations behind the scenes know that they have something to hide and are determined to stop Leveson part 2 and, with it, the prospect of it all coming out into the open.

When the Lords amendment on Leveson part 2 was considered in the Commons, the Speaker certified it as engaging financial privilege, and that is the reason the Commons has given for disagreeing with it. Whether the amendment before us today would likewise be deemed as engaging financial privilege is not something on which I have any standing. However the amendment, which I saw for the first time only at a very late stage, does say that Leveson part 2 proceeds unless both Houses of Parliament and the chairman of the inquiry agree that it should not.

We are thus in a situation where, if both Houses decided that Leveson part 2 should not proceed—I sincerely hope they would not so decide—that decision would mean nothing if the chairman of the inquiry was not of the same view. I think that however strongly we may feel that Leveson part 2 should proceed, we are in difficult territory if basically we say that the view of the chairman of an inquiry that Leveson part 2 should proceed can override a decision by both Houses of Parliament that it should not proceed, particularly when at heart the issue is whether a clear and unambiguous promise made by a Conservative Prime Minister, with cross-party agreement, that Leveson part 2 would proceed can be tossed aside. That is the kind of issue that Parliament has to address and determine.

We feel very strongly that Leveson part 2 should proceed and that cross-party agreements and associated prime ministerial promises should be honoured and not ditched by this Government. We are unhappy with the wording of the amendment. However, whatever the outcome, we will continue to pursue all credible opportunities to ensure that the pressure is maintained and that Leveson part 2 takes place.

--- Later in debate ---

[Lord Paddick]

My Lords, I rise to support my noble friend Lady Brinton and associate those on our Benches with her remarks on Jill Saward. The Minister acknowledged in her remarks that there are legitimate concerns about the victims’ code, and that is why there was a Conservative Party manifesto commitment for a new victims’ law to ensure that the victims’ code is given effect. That is what my noble friend is trying to achieve through the amendment. We trust that the Government’s review will result in more effective protection for victims and more compliance by the police and the other agencies with the victims’ code. If the Minister can give that commitment, we will be prepared to accept the Government’s intention to ensure that the victims’ code is not simply a matter of words but will have some effect and that victims will be better cared for by those agencies in the criminal justice system.

[Lord Rosser]

My Lords, we, too, support the objectives behind the amendment that was moved so eloquently by the noble Baroness, Lady Brinton, for the reasons that she herself set out. We also associate ourselves with the comments made by the noble Baroness about Jill Saward.

The issue is that the current victims’ code is not legally enforceable and there is clear evidence that it is not being applied and acted on by the relevant agencies to the extent that was clearly intended—to the detriment of the victims it was intended to help. The amendment provides for victims’ rights to be placed on a statutory footing and for the Secretary of State to address the issue of training for all relevant professionals and agencies on the impact of crime on victims.

I share the view that the Government, in the statement made by the Minister today, have been considerably more helpful and constructive in their response than they were during consideration of the Lords amendment in the Commons last week.

Finally, I, too, express my thanks to the Minister for her willingness to meet us. I hope that we have reached a stage at which there will be some accord on this issue.

Pitchford Inquiry

Lord Paddick Excerpts

Monday 9th January 2017 Lords Chamber

[Baroness Williams of Trafford]

I am glad to hear that the noble Lord is absolutely innocent. I never doubted it. Clearly, the Home Office sponsors the work of the inquiry but we do not direct its work. I do not know whether the noble Lord has asked the inquiry whether that is its intention.

[Lord Paddick (LD)]

My Lords, there are about 9 million custody photographs held on a police database, and the police cannot say how many of those pictures are of innocent people and how many are of people who have been convicted. What safeguards are in place to ensure that police databases comply with human rights law and data protection laws, particularly when they appear to contain personal details of those who have never been charged and convicted?

[Baroness Williams of Trafford]

My Lords, there is a strict code of ethics on how people’s photographs are held if somebody has not been convicted. Perhaps I could write to the noble Lord further on the matter that he has raised.

Policing and Crime Bill

Lord Paddick Excerpts

3rd reading (Hansard): House of Lords
Monday 19th December 2016 Lords Chamber

[Lord Rosser]

I shall be very brief, but I take this opportunity to thank the Minister and the noble Baroness, Lady Chisholm of Owlpen, for the courteous and open way in which they have listened to and sought to address, within government policy constraints, the issues raised during the passage of the Bill. I seem to have received a deluge of letters, for which I am genuinely very grateful, but it rather tests the statement that somebody, somewhere is waiting for a letter—that may no longer be the case in this instance. Actually, the number of letters that we have received in the light of the debates that have taken place is a reflection that the issues have been raised, considered and responded to, and I am very grateful for that. I thank the members of the Bill team for their help. I also thank all my noble friends, especially my noble friend Lord Kennedy of Southwark, and other Members of this House who have contributed to the debates. We too wish the noble Baroness, Lady Chisholm of Owlpen, a very successful time, presumably on the Back Benches, from where I am sure she will continue to make her views known.

[Lord Paddick (LD)]

My Lords, I too thank the noble Baronesses—the Ministers—for the way in which they have conducted proceedings on the Bill, and the members of the Bill team for the help and co-operation that we have received from them. My next offer of thanks is rather controversial and probably not in accordance with protocol but I also thank the noble Lords, Lord Rosser and Lord Kennedy, for the way in which we have discussed matters, which has helped the Bill’s passage

Bill passed and returned to the Commons with amendments.

Asylum: Sexual Orientation

Lord Paddick Excerpts

Wednesday 14th December 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I think that I have explained twice that it is management information only and that it is not yet sufficiently quality assured to be published. We need published information to be robust.

[Lord Paddick (LD)]

My Lords, can the Minister explain how this House can hold the Government to account if they refuse to publish the figures?

[Baroness Williams of Trafford]

My Lords, I can only repeat the answer that I have now given three times.