Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2023

Lord Ponsonby of Shulbrede Excerpts

Monday 26th June 2023 Grand Committee

Moved by

[Lord Ponsonby of Shulbrede]

That the Grand Committee takes note of the Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2023 (SI 2023/559).

Relevant document: 43rd Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, these regulations introduce pilots of an intensive oversight system for certain less serious offenders. The Explanatory Memorandum states that,

“this legislation is expected to: improve judicial confidence in the sentencing system, increase offender compliance, reduce reoffending and reduce the use of custody”.

The regulations will come into force on Monday 26 June.

In July 2022 three sites were selected with the approval of the senior presiding judge and the Secretary of State. Substance misuse ISC pilots will be established in Teesside Crown Court and Liverpool Crown Court, and the women’s ISC will be piloted in Birmingham magistrates’ court. It needs to be remembered that, in the sentencing White Paper 2020, the Government committed to pilot a problem-solving approach, which is essentially what this is, in up to five courts in England and Wales. It is regrettable that they are now committing to only three.

The Ministry of Justice describes ISCs as a “problem-solving approach” to offender management, in which those receiving some community and suspended sentences have regular contact with a multidisciplinary team including the judiciary, health professionals, police and probation officers and specialist support in relation to housing, education and skills. Local authorities will reportedly be a key part of the team in ISCs.

ISCs will seek to address an offender’s induvial needs, such as substance misuse, housing and education, with the ultimate aims including reducing reoffending and the use of custody. Judges and magistrates will oversee the process and be able to incentivise good progress, such as by relaxing conditions, while sanctioning behaviour that fails to meet agreed standards by increasing drug testing, court reviews and periods in prison, for example.

It is worth putting this in an international context. According to the Centre for Social Justice, there are more than 3,000 problem-solving courts in the United States of America and Canada, and the model has spread across the world, notably to Australia, New Zealand, Ireland, Norway and Belgium. The US was an early adopter, with examples including the Miami drug court, which was established in 1989, the New York Midtown Community Court, established in 1993, and the Red Hook Community Justice Center, established in 2000.

International evaluations have variously highlighted improvements in offender compliance with court sanctions, greater levels of offender accountability and improved collaboration with external agencies. Despite its international appeal, problem-solving justice has had limited uptake in England and Wales. Although a handful of problem-solving community courts were established as pilots during the mid-2000s, their evaluations, while important, cannot be generalised, and successive Governments have been unwilling to invest further in an approach that is lacking “credible data”.

Although advocates continue to argue that problem solving should be better mainstreamed in the criminal justice system of England and Wales, their arguments are sometimes based on the fact that the model has great potential rather than a proven track record in reducing reoffending rates.

I will list some of the challenges I see with this model, the first of which is administration. To achieve consistency of the Bench, which is a core requirement of the ISC model, the current system for court listings and rotas would need to be amended to enable the same person—or group of people, if they are magistrates—to sit on the same case. The current system allows for drug courts, so there is no reason why this method could not be utilised more widely, but it would require HMCTS to change its systems.

The second challenge is effectiveness. To date, no evaluation has been published of the Manchester women’s problem-solving court, and the evaluation of the Aberdeen court was also limited. This is a big issue, and something the ISC pilots will need to address. Previous evaluations, such as those of the Liverpool community court and the Salford problem-solving court, found that there was no difference in rates of reoffending between those who went through the problem-solving stream and those who did not.

My experience of the drug court at Hammersmith magistrates’ court was that the magistrates—which I was at the time—had to sit on a separate rota. That rota was discontinued after a number of years because the Ministry of Justice, as I understood it, was unable to demonstrate that there was a reduction in reoffending by offenders through this separate rota approach. At the time, this was a disappointment and frustration to me and my colleagues because the data had not been gathered to make an informed assessment of the approach. Since it could not be proven that it worked, it was discontinued. However, that was not assessment of data which had been gathered; the data simply had not been gathered.

The next challenge is the importance of a collaborative approach. As the Minister will know, there is currently a postcode lottery of specialist services, which is an obstacle to the ISC vision. There were hours of oral evidence at the recent Lords’ Select Committee on this very topic, and the Chief Inspector of Probation raised it with the Select Committee a few weeks ago. Without the necessary agencies to create the holistic, multiagency scaffolding required to support people in the community, a specialist order is very difficult to put in place in practice. The backlogs from the pandemic mean that offenders are still unable to access specialist support services in some areas of the country. The lack of specialist services, including proper buy-in from the Probation Service, will have an impact on sentencer confidence.

A further challenge is appropriate training. Any expansion of the problem-solving model would certainly require investment in training opportunities, which is of particular concern to magistrates who have seen their Judicial College and HMCTS training budgets slashed. Budget issues notwithstanding, I am sure that many magistrates and judges would like to sit on these types of courts and use the additional skill of building an appropriate relationship over a period of time to try to discourage reoffending.

Although, as I understand it, this issue was not raised by magistrates or judges, most practitioners—probation officers, as well as keyworkers or other support services—have expressed concern that the model should not be used as a route to up-tariffing in the name of helping people, whereby people would be given a longer sentence than they might have otherwise got because of the help available. Their professional experience was that many people struggle to juggle the many elements of their orders with different appointments and things like that. The concern expressed by these professionals, such as those in the Probation Service, is that, given the chaotic and complex nature of their lives, you could, potentially, set people up to fail. The problem-solving model should not be touted as the universal answer for all people serving community orders, and suitable holistic support should continue to be provided for those who would not respond positively to additional court reviews.

To be clear, I support and welcome this model, but I have raised my concerns to make sure that we go into these pilots with our eyes open about the potential pitfalls. It is disappointing that no new money is being committed to these pilots and that the scope of the pilot schemes has been reduced. Nevertheless, intuitively, it sounds like a good model. I support it, but it needs to be underscored and supported with sufficiently robust data collection so that a realistic assessment can be made for its potential future extension. I beg to move.

[Lord Jackson of Peterborough (Con)]

My Lords, I shall speak briefly on this statutory instrument. I have always taken an interest in the criminal justice system and have taken the view that, if you are to impose relatively draconian sentences on some prisoners, you should at least also give them an opportunity for redemption and to improve and turn around their lives for the benefit of their families, not least, and the wider community. In the other place, I strongly supported the coalition Government’s rehabilitation of offenders Act 2012, which I thought was a brilliant piece of legislation, in that, hitherto, “low-level” prisoners were discharged from prison and forgotten, and they very quickly got into the clutches of drug dealers and others. It goes without saying and is axiomatic that drugs have a huge negative impact on our communities.

I shall elucidate some of the points that the noble Lord made. I was slightly disappointed that the Explanatory Memorandum that accompanies this instrument is not more detailed. I find it quite odd that the analysis of the work of the Liverpool community court should come up with the statistics referenced by the noble Lord. It is very important to interrogate why that was and why there was no demonstrable difference between recidivism in that court’s area, compared with more traditional courts.

Obviously, another issue is money. If you are going to establish a pathfinder scheme in order to keep people out of the prison estate and give them a chance to turn their lives around, and have a multidisciplinary approach with adult social care, children’s services, the police, et cetera, you need to spend the money. I am not someone who always calls for tax rises but, for the long run, you need to spend the money on this bespoke project, and you probably need more than three projects. It is disappointing that only three projects were allocated under the auspices of these regulations, because the excellent White Paper published in 2020 alluded to the possibility of five or more projects.

The Government may have missed a trick in not allowing a wider degree of public consultation in the design and review of these pilot schemes. I understand that they have to be expedited and that the Government have to move rapidly in order to put processes in place, but there is an awful lot of experience, knowledge and skills in the third sector and civil society, which could have been brought to bear in assisting the Government in developing these schemes. The Opposition spokesman mentioned Manchester and Salford. Lots of people have been involved and will have real-world experience.

My final point is on analysis and evaluation. It is frankly scandalous if we are really looking at a comprehensive evaluation taking another four years. I understand that you have to look at reoffending rates at the end of a period, but we already have a small cohort in this study; to wait another four years, which would be half way through the next Parliament and Government, for us to make a value judgment on its success or otherwise would let down taxpayers. On that basis, Ministers would perhaps be wise to look again at the efficacy of such a long-running period.

--- Later in debate ---

[Lord Bellamy (Con)]

My Lords, in further answer to a question asked by the noble Lord, Lord Beith, I understand that we will be engaging external contractors to support the evaluation of these proposals. So there will be some element of external verification, but I expect your Lordships’ House—indeed, both Houses—to take a close interest in how we are getting on and to demand explanations and information. I hope that there will be a collaborative approach all the way through.

I will take some of the other points raised; I have already touched on some of them. It is very important that we have evaluations and the same judge, and that we assemble the relevant data. As emphasised by noble Lords, it is particularly important that we take a collaborative approach, which the noble Lord, Lord Ponsonby, referred to as the “scaffolding”, in which there is a truly multiagency approach and access to services.

To take up the point raised by my noble friend Lord Jackson, this is a holistic operation because we are already engaged in rehabilitation for offenders in prison. We have employment advisers in prison and local employers helping them into jobs. We even have small things such as the Friday release Bill, which enables people to access services before the weekend and further arrangements are in train to make sure that there is accommodation, a bank account, a national insurance number and all those things, and they are beginning to have an effect. That aspect is not underestimated at all. Investment in training is accepted, and we should make sure that those who engage in this kind of work have appropriate training.

As to the concern that was said to have been expressed by probation officers that this is a route to “up-tariffing”—I think that was the expression used—that is not the aim of the exercise at all. One has to be very alert to making sure that nothing of that kind occurs. The law of unintended consequences has the habit of striking when it is least expected, but this is something to keep an eye on. As I said, the rehabilitation of offenders is very much at the forefront of our minds.

My noble friend Lord Jackson marked our paper as “could do better”. I do my best to reassure your Lordships that this is a sure start. As others have said, let us hope it leads to wider things and presents a real opportunity to make a difference. With that, I commend the statutory instrument.

[Lord Ponsonby of Shulbrede (Lab)]

Before the noble and learned Lord sits down, can he explain why two Crown Courts and one magistrates’ court were chosen? The magistrates’ court is for women offenders. Of course, the vast bulk of low-level drug offences are seen in magistrates’ courts, not Crown Courts, so I would be interested to know whether there is an explanation for choosing this particular combination of courts.

Also, the noble and learned Lord just said that there was not an overwhelming response when looking for pilot courts. I suggest that the reason for that is that a number of the courts have been round this course before. In the past, similar types of arrangements have run into the sand for various reasons. I gave my own example of the drug court at Hammersmith Magistrates’ Court. I sat on that separate rota and it was discontinued because it could not demonstrate the benefit of that approach.

From what the noble and learned Lord has said, it seems that there is a more holistic approach to gathering data in order to make a proper assessment; that is a very important element of what is being suggested and piloted here. I think that we just need to acknowledge that, in the ranks of court professionals and the professional people who have advised me, there is some scepticism about this. We need to be open-eyed about that because this idea has been tried a number of times and not been fully evaluated. Good luck to it this time but there needs to be a proper approach to form a proper basis for future decisions.

[Lord Bellamy (Con)]

My Lords, I am not sure that I am able to give the noble Lord, Lord Ponsonby, a comprehensive answer to his first question as to why we did not do more in magistrates’ courts. We certainly wanted, in terms of the Crown Court, to see to what extent we could divert from custody, which tends to be the issue in the Crown Court. That is why two Crown Courts were chosen.

On the magistrates’ court, it was felt that we should give priority to the problem of low-level offending by women. That is an area where it is felt that this approach can make a significant difference. One is working to some extent with the art of the possible and the resources available.

I have more or less finished. The last thing that I want to say was that the noble Lord, Lord Ponsonby, rightly expressed scepticism. This approach has been tried before and the results have been rather depressing. The difference this time will be in the data and the evaluation. We have concrete evidence so we can convince everyone that it is working.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I thank everybody who has taken part in this brief debate. I look forward to discussing this issue further as the pilots evolve and I commend my Motion to the Committee.

Motion agreed.

Offenders (Day of Release from Detention) Bill

Lord Ponsonby of Shulbrede Excerpts

3rd reading
Friday 16th June 2023 Lords Chamber

[Lord Bird (CB)]

My Lords, I thank Simon Fell, MP for Barrow and Furness, for his wonderful work on getting the Bill off the ground.

What is so interesting about the Bill is that we invest a vast amount of money in putting people in prison and if, at the end of that period, they are released on a Friday and have no family support, friendships or relationships and cannot go to Citizens Advice, the local authority or any of the other support services, they often fall homeless over the weekend. We know that homeless people who have been let out of prison have the temptation and possibility of falling back into the crisis of poverty and the crisis of crime.

Therefore, I am pleased that we are making this wonderful little nugget of change to help us consider that there are a lot of other things to do. Is it not wonderful that we can say, “If we make that investment in somebody’s life, let’s make sure that, when they get out, they don’t fall back into grief”? I beg to move.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the noble Lord, Lord Bird, described the Bill as a “nugget of change”; that is a modest thing for him to say.

Although the scope of the Bill is narrow and specific, it will make demonstrable change. There have been attempts to make this change in other, larger Bills in the past, which have fallen by the wayside, so I congratulate him, as a relatively new Member of this House, on getting through this significant addition to the way we manage people who come out of prison. As he said, this is a very vulnerable group of people who are very likely to reoffend, particularly if they are released on a Friday, so every step, however little, matters to try to reduce reoffending. I congratulate the noble Lord.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, I too add my thanks and congratulations to the noble Lord, Lord Bird, for persevering in taking this Bill through the House and for continuing the good work of the honourable Member for Barrow and Furness, Mr Simon Fell, in the other place.

This is a simple yet effective Bill that will play an important role in supporting the Government’s drive to reduce reoffending and protect the public. It will ensure that custody leavers have a better chance to access the support they need to reintegrate into the community and turn their backs on a life of crime. The Bill achieves that by enabling the offender’s release date, where it would have fallen on a Friday or the day before a public or bank holiday, to be brought forward by up to two eligible days, so that they will be released earlier in the week. Offenders with resettlement needs will no longer need to try to access these services, under what may well be very challenging circumstances, as the weekend begins and services and support stop or fade away.

The Bill applies to both adults and children sentenced to detention. It will ensure that the relevant release provisions exist and apply in all youth settings, including the recently created secure 16-to-19 schools.

I am very grateful to the Members, Lords and officials who have worked so diligently to bring forward the Bill, and to the noble Lord, Lord Ponsonby, and his colleagues for their support and encouragement. I am once again very pleased to reiterate the Government’s support, and very much look forward to seeing the Bill on the statute book.

Coroners (Determination of Suicide) Bill [HL]

Lord Ponsonby of Shulbrede Excerpts

3rd reading
Friday 16th June 2023 Lords Chamber

[The Lord Bishop of St Albans]

I hope noble Lords will grant me the indulgence of saying a few words about this Bill. In so doing, I declare my interest as a vice-chairman of Peers for Gambling Reform and a vice-president of the Local Government Association. I express my appreciation for those Members of the House who have been so helpful. This is the third iteration of this Bill that I have brought before your Lordships’ House, and I believe it has been radically improved. I thank my parliamentary researchers past and present, Sam Parker and Chris Grozdoski, and in particular the noble and learned Lord, Lord Brown of Eaton-under-Heywood, and the noble Lord, Lord Wolfson of Tredegar, for their advice and valuable suggestions. I also thank members of Peers for Gambling Reform for their steadfast support as we have taken this Private Member’s Bill through your Lordships’ House.

This Bill follows nearly a decade’s work on gambling reform and is part of a much wider move to protect the many people whose lives are being adversely affected, particularly by online gambling. The campaign for gambling reform is massive. The most up-to-date statistics indicate that there are more than 400 gambling-related suicides each year. That means that, at least once a day, a family loses a son, daughter, husband, wife or someone else to gambling. The campaign to highlight what is going on and work out how to prevent suicides has been hindered because we have so little evidence and so few statistics to inform what we are doing.

This Bill was an attempt to try and get some better stats. I have received many approaches from people and campaigners who see the value of collecting data—not just for those who are campaigning, as I am, for better regulation of online gambling, but other agencies that feel they are hindered because they do not have the data to inform their suicide prevention strategies.

I thank the Minister for his letter to me in which he explained to me why His Majesty’s Government are unable to support my Private Member’s Bill and how they believe that the use of the prevention of future death reports are the way forward. I will continue to ponder the points he has made and to talk to coroners and other people deeply involved in this complex area. However, I have been deeply encouraged by many people in this House urging me to keep going on this. Therefore, I am delighted that there is a Member of the other place who has been persuaded of the merits of this Bill and will sponsor it through the other place. I know it is not going to become law, but I hope that, having made the arguments, we might find a way to address the fundamental issues—perhaps in amendments to other legislation which will come through Parliament—so we can really try to protect those whose lives are being lost and reduce the devastating consequences on families across our nation. I beg to move.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I congratulate the right reverend Prelate the Bishop of St Albans for his persistence on this matter. As he said, it is the third iteration of this Bill. I think it has been improved and has, if nothing else, it has prompted the full engagement of the Government on this matter. As we will hear from the Minister, and as far as I am aware, the Government are taking on board the points that the right reverend Prelate is making, but maybe not in the form of this Bill. Nevertheless, that is progress. In a sense, it shows the power of Private Members’ Bills, even when they do not ultimately succeed in themselves, because they are part of a process.

I also urge the right reverend Prelate the Bishop of St Albans to continue his campaign. Gambling is a source of addiction. He has mentioned the 400 suicides each year related to gambling, particularly among young men, and I remember him making that point in previous debates. This is a very important area. The coronial system may be one part of the solution, but I hope to hear from the Minister that there is a wider consideration of how to reduce gambling-related suicides, which are a scourge on our society.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, I, too, thank the right reverend Prelate the Bishop of St Albans for, again, providing a valuable opportunity for the House to debate this deeply sensitive issue. I also respectfully commend his tireless commitment to highlighting the need for a better understanding of the factors that may contribute to a person’s tragic decision to take their own life and to, in his words, collect “better stats” on this issue in the gambling context. The Government fully recognise the importance of gathering better information on these factors. I thank the right reverend Prelate for the changes that have been brought forward to the Bill, and all noble Lords who have spoken on this hugely important issue.

However, the Government believe that this measure is not quite the right way to tackle these important issues, and I shall briefly explain why. This Bill would require a coroner to record an opinion as to the relevant factors in the case of a death by suicide. That would radically change the nature of the coronial investigation and the nature of an inquest. The scope of a coroner’s inquest is to determine who has died and how, when and where they died. The key issue is how—the issue is not why. It is focused on the physical means of death and whether the verdict should be suicide, accidental death, unlawful killing and so forth. The legislation is quite clear that it does not extend to determining the much deeper issue of why somebody died, which may well be a very mysterious and complicated issue, and could date back to some childhood trauma. For that reason, the Government do not feel it is right to extend the coroner’s jurisdiction in this way. The Bill, as presently drafted, would extend to all inquests, whether gambling-related or not.

We already have, as the right reverend Prelate pointed out, a mechanism within the coronial system where, if they think fit, coroners can draw attention to particular circumstances in particular cases—the system known as the “prevention of future death” report. That is an option the coroner can pursue; it is entirely up to them, if they feel there are particular circumstances that they wish to make more widely known so that preventive action can be taken in other cases. It is perfectly clear from past case law, and a recent case in the High Court—Dillon against the assistant coroner for Rutland in north Leicestershire—that this is entirely a matter for the coroner, and their principal duty is to determine who has died and how, when and where they died. It is also true that the investigation of relevant factors could be a very difficult job in an inquest, and possibly quite distressing for family members. For those reasons, the Government are not able to support this Bill.

However, there are a range of initiatives that are being put in place to deliver on the Government’s commitment to understand better the circumstances that lead to self-harm and suicide and to support effective interventions. In relation to gambling addiction, which is of particular significance to the right reverend Prelate, the Government have recently published a comprehensive package of measures and the gambling White Paper, including a statutory levy to fund enhanced research, education and treatment. More generally, the Government have committed, through the NHS, to a long-term plan to expanding and transforming mental health services in England to support local suicide prevention plans and develop suicide bereavement services. The 2021 fifth progress report on the national suicide prevention strategy is now being supplemented by a new national suicide prevention strategy to be announced by the Department of Health and Social Care later this week. There is more I could say about our commitment to taking forward and improving effective surveillance and prevention, but I hope that I have given the House at least some indication of the important the Government attach to this vital issue.

This House is in the course of debating the Online Safety Bill, which was referred to in the debate we have just had and, in that context, there will be a further opportunity to revisit the issues that have been canvassed today in a general sense. I reiterate the Government’s gratitude to the right reverend Prelate for this debate today. I thank all noble Lords for their contributions on this difficult matter.

Public Advocate Bill [HL]

Lord Ponsonby of Shulbrede Excerpts

2nd reading
Friday 16th June 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I declare an interest. A very close friend of mine’s brother was killed at Hillsborough. I congratulate my noble friend on introducing his Private Member’s Bill.

After years of campaigning and a former manifesto promise to create the office of the public advocate, the Government have finally formally announced their intention to introduce legislation. On 2 March, the Minister announced government plans to

“legislate as soon as possible to introduce an independent public advocate; to put victims and the bereaved at the heart of our response to large-scale public disasters”.—[Official Report, 2/3/23; col. 415.]

However, the Government’s proposals, as set out in Clauses 24 to 31 of the Victims and Prisoners Bill, will create a relatively powerless public advocate. The advocate, when appointed, would be temporary and have limited powers. They would not have the power to start an inquiry. The advocate would be temporarily appointed for a specific major incident, on terms agreed between them and the Secretary of State. They would have far more limited powers than those which had been envisaged, and rightly demanded, by the Hillsborough families and their campaigners.

This Private Member’s Bill introduced by my noble friend is an improvement on the Government’s current proposals. For example, the Bill provides that, once appointed, the advocate would be a permanent post and, in addition to undertaking functions when invited by the Lord Chancellor, they would be able to exercise their functions in response to major events, if both of the following criteria are met: first, if an event has led to large-scale loss of life and involved serious health and safety issues, a failure in regulation or other events of serious concern; and, secondly, if the advocate has been asked to undertake their functions by 50% plus one or more of the total of the representatives of those deceased due to the event and any injured survivors.

The Labour Party does not believe that the current proposals for independent public advocates contained within the Victims and Prisoners Bill are adequate. We plan to consider amendments to the Bill when it comes to this House to establish a fully independent legal advocate accountable to families, as the Hillsborough families and campaigners have demanded—an advocate with the power to access documents and data, not only to expose the full extent of the failure but to prevent the possibility of cover-ups, such as those that denied families justice immediately after the Hillsborough disaster.

I close by saying that I admire my noble friend’s persistence on this matter, which is one that provokes the highest of feelings across society, in many ways. We look forward to taking this matter further when the Bill comes before this House later this year.

Powers of Attorney Bill

Lord Ponsonby of Shulbrede Excerpts

2nd reading
Friday 16th June 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I congratulate my noble friend on introducing the Bill so comprehensively and fairly, as the noble Lord, Lord Wolfson, said. I also congratulate Mr Metcalfe on steering it through the other place.

The provisions in the Bill are much needed, and the Labour Party is pleased to support them. A lasting power of attorney ensures that an individual’s personal wishes and preferences can be considered when capacity is lost, which can massively reduce the stress and anxiety for their family through an extraordinarily difficult time. However, the process for making and registering a lasting power of attorney has long been due an update. The current paper-based process can be confusing and bureaucratic. We wholeheartedly welcome the modernising measures in the Bill. We need to plan now for the challenges that will face our legal system in the coming decades.

I hope that these changes will help to future-proof our system and ensure that the case load of the Office of the Public Guardian, which is already beset by delays and backlogs, as we have heard in this short debate, does not become completely unmanageable as our population continues to age and the number of people living with illnesses that can affect their capacity increases.

The need and demand for lasting power of attorney will increase significantly in the coming years, so the creation of a digital process to streamline much of the work is a necessity. Currently about 900,000 people in the UK have a diagnosis of dementia. According to Dementia UK, that number will rise to more than 1 million by 2025 and is projected to rise further, to 1.5 million, by 2040. We are pleased that the paper application route will remain in place for all those who need it. Current figures suggest that about a quarter of those over 65 do not have easy access to the internet. Applying for an LPA can be a difficult process at the best of times, so it is right that the paper route is kept open so that applicants can apply by whichever means most suits them.

It is very welcome that the Bill will amend Section 3 of the Powers of Attorney Act 1971 to enable chartered legal executives to certify copies of powers of attorney. They are legal professionals who can carry out many of the same services as a solicitor, so it is good to see that inconsistency addressed. The Bill builds on several welcome safeguards, including the introduction of identity verification, restricting who can apply to register the LPA and changes to the objections process. The Law Society has raised some additional safeguarding concerns that I want to bring to the attention of the Minister. First, has he considered amending the Mental Capacity Act 2005 to make it clear that the certificate provider has a responsibility to confirm that the donor has the mental capacity to make an LPA?

Secondly, can the Minister confirm whether future guidance on the role of the certificate provider will include questions for them to ask the donor that will test whether they can rely on the presumption of capacity? Thirdly, what steps is he taking to ensure that a certificate completed by a certificate provider for an LPA application shows that the certificate provider has been satisfied that the donor understands the information relevant to the decision to execute the LPA, and that the provider can retain the information that was used to weigh up the decision to put the LPA in place?

The noble Lord, Lord Wolfson, spoke about his family experience, and I suspect that many people, including me, have experience of legal powers of attorney. I currently hold one for my mother, who I will see later today, but I obviously hope that I will not have to invoke its powers. I understood the point that the noble Baroness, Lady Watkins, made about living wills. We are very sympathetic to the points she made, but she also accepted that this is an issue for an amendment to a different Bill, or for another Bill standing in its own right. Nevertheless, we are very sympathetic to her point. We welcome this Bill.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, the Government wholeheartedly support the Bill, and I thank the noble Viscount, Lord Stansgate, for setting out so eloquently and clearly its content and purpose. So clearly has he set out the Bill that I do not think I need repeat what it says, save to say that there are essentially four main aspects in relation to LPAs. It simplifies and digitises the process; it requires identity checks on the donor; it has a better procedure for objection involving, for example, local authorities, the police and other interested parties; and it provides that only the donor can register. I think those are the main points but, thanks to that very clear explanation, your Lordships are already fully seized of the content of the Bill and I will say no more about it.

I add the Government’s thanks to Mr Stephen Metcalfe for his great and persistent work in another place to bring this most important Bill to its present fruition. I hope he will accept our thanks and compliments for that very important work.

It is sometimes forgotten by the general public, I think, that both Houses of Parliament do important, detailed work on very detailed points. It is not a great political circus; we are working hard on matters of detail that affect people’s lives. As has been said, with over 6 million LPAs, increasing at the rate of a million a year, this really does affect people’s lives. For that reason, we are particularly grateful to the noble Viscount, Lord Stansgate, and others who have spoken in favour of this Bill.

I will deal with a number of the points raised in this debate. First, I stress that, although the process will be primarily electronic and will facilitate access to powers of attorney by other parties when the need arises—for example, a bank—if an attorney needs to activate the LPA, there will also be a paper channel so that those who do not have the internet or are not equipped to operate it can do so. It will be a fully flexible system so that donors, attorneys and others involved will be able to use whichever channel best suits their needs, be that digital or paper.

[Lord Ponsonby of Shulbrede (Lab)]

If there is a discrepancy between a paper copy and a digital copy, am I right in thinking that it will be up to the court to decide which of the two versions is correct?

[Lord Bellamy (Con)]

My Lords, as far as I know, the noble Lord is entirely correct in his assumption. If I am, or he is, wrong, I will write accordingly to clarify that point. It will ultimately be for a judicial process—possibly for the Office of the Public Guardian, initially, and then for a judicial process—to determine which of the two conflicting versions is the “authentic” version.

This change, by reducing the laborious and very time-consuming verification of paper documents, will, or should, over time release resources for the Office of the Public Guardian to investigate and pursue cases that look dubious or are attempted frauds, or which raise other difficulties. So we see this as not only benefiting the donors and attorneys but removing burdens on the Office of the Public Guardian and allowing that very responsible organisation to reinvest its resources in enforcement or investigation, or in improving safeguards as necessary. So, for the reasons that have been given, the Government welcome this Bill very sincerely.

I will briefly address the points raised by other noble Lords. As my noble friend Lord Wolfson said, the Government fully support the work of the Court of Protection, and the judges of that court do magnificent work under very difficult circumstances. Of course, this is part of the wider digitalisation of the civil justice system, which the Government are also supporting and, if I may say so, making quite good progress on under the remarkable leadership of Sir Geoffrey Vos, the Master of the Rolls, who is very focused on digitalisation and the future of the justice system in that respect. As my noble friend Lord Wolfson said, we always have to find a balance in these systems between protection of the vulnerable and facilitating the processes. That, I hope, is the balance that has been struck under this Bill.

On the points rightly raised by the noble Baroness, Lady Watkins, the Government welcome the mention of health and welfare LPA. That is sometimes forgotten as a part of the machinery, but it is important; one never quite knows when one is going to lose one’s health and welfare, or to need an attorney to look after one from that point of view.

Living wills, as the noble Lord, Lord Ponsonby, said, is under separate legislation and is a separate issue. The point about the wet signature holding everything up and leading to people not knowing quite what the patient’s wishes are is an important one. The Government will certainly note the points that have been made today and continue to reflect on them.

On the points raised by the Law Society about the certificate provider and whether we have sufficient checks in that respect, the department is considering those and in due course will make proposals about the best way of achieving that. There could well be changes to the certificate itself, the forms used and the supporting guidance. I am not sure that legislation will be necessary, but we could tighten up the existing procedures, or at least review carefully whether they are sufficient, and test any potential changes with stakeholders and users to ensure that they achieve the core aims we need to achieve.

Scotland has been mentioned. The Scottish Government have given a legislative consent Motion. The UK Government felt that one was not needed, but at least there is one so that point does not arise.

Concern has been expressed by the Law Society of Scotland that powers of attorney granted in Scotland are not always readily recognised in England and Wales. The Government’s view is that that is primarily a question of raising awareness. There is no legal reason why a Scottish power of attorney cannot be recognised in England and Wales, as far as I am aware, so it is primarily a question of raising awareness and making sure that the relevant professionals are more familiar with the status of Scottish powers of attorney than may apparently be the case.

The noble Viscount, Lord Stansgate, noted the interest of licensed conveyancers in relation to Clause 2. I can confirm on behalf of the Government that the Bill is not intended to interfere with the previous or indeed ongoing practice of organisations such as the Land Registry accepting copies of powers of attorney from licensed conveyancers. So the licensed conveyancer will send in the documents that are necessary, which may well include a copy of the power of attorney. That is a long-standing practice that has given rise to no difficulty, and nothing in the Bill is intended to change that practice.

There is a second important aspect to the Bill, which is to enable chartered legal executives to certify copies of a power of attorney. That is not only correct in itself but is part of the Government’s general policy of facilitating CILEX members to carry out tasks and functions that other legal professionals, solicitors and barristers can carry out. Only yesterday, as the noble Lord, Lord Ponsonby, will remember, the Grand Committee passed statutory instruments enhancing the number of judicial appointments that CILEX members can aspire to. Together with this provision, that is also part of the Government’s overall policy of widening the pool of qualified lawyers so there is absolute availability of qualified lawyers.

I think I have covered the points that were raised. It only remains for me to reiterate the Government’s support for the Bill and to thank the noble Viscount, Lord Stansgate, in particular and other noble Lords who have spoken today.

Judicial Appointments (Amendment) Order 2023

Lord Ponsonby of Shulbrede Excerpts

Thursday 15th June 2023 Grand Committee

The Government consulted widely on this proposal. We consulted members of the Judicial Diversity Forum, the Judicial Appointments Commission, the three legal professions—barristers, CILEX members and solicitors—and the Legal Services Board. All consultees were in favour of encouraging more CILEX members to join the Bench. The Government are required formally to consult the Judicial Appointments Commission and the Lord Chief Justice, and I am happy to report that both have confirmed that they support the order. With that background, I commend the order to the Committee.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, this is a non-controversial instrument and we, the Opposition, support it. I am grateful to the Minister for setting out the priorities, particularly the priority to encourage diversity. He said that about 50% of newly recruited judges are women, and 14% are from ethnic minorities.

I want to drill down a little on that latter figure. My understanding is that the ethnic minorities are not evenly spread: some ethnic minority groups are far worse represented than others. From my perception as a magistrate, black men are about the worst represented in the magistracy, and I suspect that it may well be the same for the judges. It has to be said that we see a larger proportion of black men in our courts as defendants, so this is a concerning situation. It emphasises the importance of encouraging diversity and actively recruiting among certain ethnic minority groups to try to improve that situation.

The Minister made another point about people from non-graduate backgrounds applying for judicial appointments and said that they can work their way through CILEX to become a judge, as he showed. As he knows, I sit as a magistrate, and I remember that when I was first sitting as a magistrate, we still had a few magistrates’ clerks who were non-graduates. I understand that this is still possible, although it is quite unusual these days. Certainly all the legal advisers I have spoken to think it is something that should be kept as a route for people to work their way up through to becoming a legal adviser and then on to becoming a judge if that were possible. I do not know whether the route up through the magistrates’ clerk’s career, if I can put it like that, is something else that would be covered by this or is already covered within these provisions. I look forward to the Minister’s answer to that point. I think it is a good thing to maintain non-graduate routes potentially to the very top as there are in other professions.

It would be useful if the Minister set out what he sees as the next step for further encouraging diversity and widening opportunity. What more does he hope to do in his current role to promote those desirable objectives?

[Lord Bellamy (Con)]

My Lords, I understand—and I will correct the position in writing if I am wrong—that CILEX members can already be appointed as legal advisers. Speaking for myself, I would certainly support the idea that we should preserve non-graduate routes from the “lowest” position right through to the highest. I think that is essential so that everyone can work their way up without necessarily having to spend enormous sums of money on obtaining very expensive legal qualifications, in some ways, top-heavy legal qualifications, as is currently sometimes the position. The noble Lord’s point on that is very well taken, and the Government must certainly bear it in mind.

As to judicial diversity in general, the judicial diversity forum works on this. There is a programme known as PAGE which supports potential judicial applicants from underrepresented groups. I understand that, by December last year, 667 lawyers had participated in workshops run through that programme. The MoJ is providing considerable amounts of funding and there is in additional £200,000 for 2023 for the targeted outreach programme—TOP—managed by the Judicial Appointment Commission to support diverse candidates towards more senior roles. By December 2022, 229 candidates had had one-to-one advice from a senior team with expert knowledge of the selection process to improve their chances. Forty people who participated in the PAGE programme have subsequently become judges. It is perfectly true, as the noble Lord said, that in terms of ethnic minorities the position is somewhat unbalanced and there are fewer black participants than the Government would wish, but it is the case that black PAGE participants who have applied to be judges have been appointed at a rate more than double that of the wider pool of black candidates over the past three years, so there is some evidence of success in this programme, which needs to be fully reinforced.

The Government are very conscious of the situation to which the noble Lord refers and will continue to work on improving that matter, as well as on encouraging female candidates from ethnic minorities. That is another very important element of outreach and is emphasised in the TO programme run by the Judicial Appointments Commission. This is ongoing work and I hope the Government will never take their foot off the pedal in this regard. I commend the order to the Committee.

Judicial Pensions (Remediable Service etc.) Regulations 2023

Lord Ponsonby of Shulbrede Excerpts

Thursday 15th June 2023 Grand Committee

The Government trust that these regulations will show that they have given proper consideration to the McCloud judgment and that the judicial pension scheme is complete and equitable. I commend the instrument to the Committee.

[Lord Ponsonby of Shulbrede (Lab)]

I have only one question for the Minister: are there going to be further SIs on this matter? I remember debating previous SIs on the McCloud remedy, if I can put it like that, and the various things that need to be put in place. As the Minister said, it is extremely complicated. I have an expert behind me—my noble friend Lord Davies of Brixton—although he is not taking part in this debate. My real question is: are there going to be further SIs on this matter?

[Lord Bellamy (Con)]

I am happy to answer the noble Lord’s question in the negative: as far as I know, this is the last SI for the judiciary. The McCloud remedy is still to come in other parts of the public sector. This is the first of the McCloud SIs, I think, and we will gradually work through the public sector. The noble Lord and I have laboured on previous occasions through the detail of this dense matter, but I am happy to say that those particular labours seem to be coming to an end at this point.

Miscarriages of Justice

Lord Ponsonby of Shulbrede Excerpts

Wednesday 14th June 2023 Lords Chamber

[Lord Bellamy (Con)]

My noble friend makes a perfectly fair point. It is essential to our system that jurors be properly looked after, and the Government will continue to consider the points raised in her question.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, does the Minister agree with me that the easiest way for the Government to reduce miscarriages of justice is to reduce the courts’ backlog? One of the biggest sources of injustice is people—potential appellants—simply dropping out of the system because it is slow and complex and there is a long wait. This is within the Government’s powers to invest in; it is a direct way of reducing miscarriages of justice and is for the benefit of both victims and appellants.

[Lord Bellamy (Con)]

My Lords, with respect, the Government do not entirely agree with the analysis of the noble Lord, Lord Ponsonby, that there is a connection between miscarriages of justices and delays in the court system. The Government are doing their very best to reduce those delays, which no one wants. They are partly caused by the longer-term overhang of Covid and are particularly and more recently caused by the barristers’ strike. The Government are doing their very best to reduce those backlogs by introducing further judges and adding resources wherever they can.

Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2023

Lord Ponsonby of Shulbrede Excerpts

Tuesday 13th June 2023 Grand Committee

Those are the main points that I would draw to the attention of the Committee.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the Opposition support this draft order. Supporting ex-offenders into employment is something that we must all endeavour to be better at, especially given the central role employment can play in preventing future offending. It is vital that our criminal records system does not unnecessarily trap people in the past when they are committed to reform and have stayed out of the offending cycle and rebuilt their career. However, the overriding concern when legislating in this area must always be the protection of the public.

The exemptions included in the 1975 order strike that proportionate balance because those areas of work, such as working with vulnerable individuals or potentially sensitive information, require a high degree of trust. We are satisfied that the proposed extensions to the 1975 order can be introduced while maintaining that vital proportionate balance. Given the culture that we have seen across some of our fire and rescue authorities, and the police, we must ensure that people are properly safeguarded. I am glad that representatives of the fire authorities are here today.

Justice system intermediaries have very high levels of responsibility for the vulnerable individuals they assist, including children, and they sometimes have unsupervised access to them. Notaries also frequently deal with vulnerable people and highly sensitive information, and it is right that individuals who undertake such work are subject to additional DBS scrutiny.

The relevant organisations are producing guidance to ensure that a proportionate approach is taken with regard to the disclosure of criminal records in these additional areas, to ensure that equality and individual privacy are upheld alongside public protection. What plans, if any, do the Government have to review this guidance to ensure that it is indeed proportionate, as the Minister emphasised, and drafted in line with the anticipated need of those professions, as recommended by the Secondary Legislation Scrutiny Committee?

Can the Minister share whether the draft order represents the extent of his department’s current intentions to change the criminal records system? Will he also inform us whether he has had any recent meetings with the organisation #FairChecks, or whether the Government have any plans further to reform in relation to its campaign about offences committed in childhood?

When preparing for this short debate, I reflected on my experience with the DBS system. As somebody who has worked all their life in private industry, I have never been checked in the DBS system. I have recruited many people and been recruited, I have been a company director and various other things, and I have never been checked. However, I have been checked by the DBS system as a magistrate and as a coach for my son’s sports clubs to make sure that I am a fit and proper person to carry out that coaching role. However, I have never had to jump that particular hurdle in my working life.

As the Minister said, this is a very live issue when one deals with youths, as I do as a magistrate. It is not unusual for me to have a youth in front of me who says that he aspires to being a football coach. Of course, if you are a football coach you will be coaching youths, which requires the highest level of DBS check. It is not necessarily a bar, but it is the highest level. When I sentence youths, I want to encourage them to go on to fulfil their ambition, if it is to be a football coach. While on the one hand we support these enhanced safeguards, I hope they will not be a bar on people fulfilling their ambitions. The fear is that these enhanced checks will act as a disincentive for people to go ahead and apply for certain types of roles, such as the example I gave.

I hope the Minister can expand a little further on what the Ministry of Justice is seeking to do with a wider review of the whole DBS system, and how it could be thorough on the one hand but on the other proportionate to the aspirations of people who seek to get a job as a firefighter, as in his example, or, as in my example, a youth who wants to be a football coach. The system is very cumbersome. The effect of that is that it discourages people checking and putting their names forward. I hope the Minister can expand a little further on the work the Ministry of Justice is doing to look at the whole criminal records review process.

[Lord Bellamy (Con)]

My Lords, I thank the noble Lord for his contribution and for the support he offers to this statutory instrument. I will respond to his two main questions. First, on the guidance, officials from the Ministry of Justice, with the help of officials from the Disclosure and Barring Service, are working closely with representatives from these professions to develop and update their guidance to ensure that it is proportionate and fair. As far as I know, that is an ongoing process and a matter for ongoing review to make sure this scheme works proportionately.

As far as other plans are concerned, as I understand it—having regard to the Police, Crime, Sentencing and Courts Act 2022 and a recent judgment of the Supreme Court—the intention is to remove the disclosure of certain youth cautions, warnings and reprimands from the system altogether so that there is less clutter, if I can use that shorthand, in the system. There is also something called the multiple conviction rule, which I think necessitated disclosure when there was more than a single conviction. This will, I hope, reduce the likelihood of protection of the public unduly interfering with the important objective of rehabilitation; that is the intention, at least.

We have to find a balance. We are doing our best, particularly in the youth area. I am conscious of the point made by the noble Lord, Lord Ponsonby, about those who aspire to be a football manager and so forth. We really do not want, if we can possibly avoid it, to put obstacles in their way from when they got into trouble at 15, 16 or 17 when they are now 27 and settled down. We do not want the earlier criminal record to be a blight on their lives. We have to strike the right balance.

Work on this is ongoing. My good friend in the other place, the right honourable Edward Argar, is meeting criminal justice charities on 13 June—tomorrow, I think. It may even be today; I have slightly lost track of what day it is at the moment. They will discuss further reform of the criminal records system to see whether we can simplify it and tip it a little more in favour of youth, in particular, to ensure that the rehabilitation objective is properly followed.

That is the most I am able to say this afternoon. I am sure that there are further instalments to come in this important story. Unless noble Lords have any other questions, I commend this instrument to the Committee.

Illegal Migration Bill

Lord Ponsonby of Shulbrede Excerpts

Committee stage
Wednesday 7th June 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, this group centres around Clause 7, as we have heard, and seeks clarification on procedures which outline the provisions about removal. There are several smaller amendments by the noble Baroness, Lady Hamwee, and the noble Lord, Lord German, on the details of removal. Probably the most important amendment is Amendment 55, in the name of the noble Baroness, which would ensure that the Government produce guidance on the criteria by which individuals will be prioritised for full removal.

In her very extensive introduction, the noble Baroness asked who P’s representative can be when going through this process. Should the representative be a lawyer, someone from an NGO or some other status of representative? If I might be allowed a short recollection, I sat in on an immigration tribunal at Hatton Cross as a member of the public. I was astonished that neither the applicant going through the immigration tribunal process, nor their representative, spoke English. That was the reality of the situation that I witnessed. I very much hope that, in the sorts of examples that we are talking about in this Bill, P will be properly informed about the processes that they are going through, that they know what their rights are and that they can make their decisions as appropriate.

Amendment 57, tabled by the noble Lord, Lord German, is about the requisition of services by private actors and companies. He explained his amendment very fully. It may be unfortunate that this overlaps a lot with group 3, as my noble friend Lord Davies has just said, but nevertheless that is where we are. My noble friend asked about representations and what consultation has been done with the trade union movement about who will be asked to play their part in working in these companies. I would be very interested to hear the Minister’s answer to my noble friend’s questions.

On the amendment in the name of my noble friend Lord Coaker and the noble Baroness, Lady Jones—I will not even attempt the rhetoric of the noble Baroness; it is just not my style—the point, nevertheless, is that the recipient needs to understand what is being said to them and the language must be appropriate. This is a common-sense amendment. It is a simple amendment. I hope that the Minister can indicate that some form of wording can be found in this Bill to ensure that P, who is the subject concerned, understands what is happening to them. We support the amendments in this group.

[The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)]

My Lords, Clause 7 makes provision for a removal notice to be given to a person and specifies what information this must contain. Each notice must specify that the individual is to be removed under the duty, be clear on their destination and set out a claim period in which to make a factual suspensive claim or a serious harm suspensive claim. That is, of course, suspensive of removal.

The noble Baroness, Lady Hamwee, described her Amendment 55 as a probing amendment, seeking to elicit our intentions as to the order in which individuals will be removed from the UK under the duty to remove in Clause 2. The whole purpose of the Bill is to remove persons who satisfy the conditions as soon as practicable. On the day of commencement, we will be dealing with two separate cohorts. First, there will be those who enter the UK illegally on or after the commencement date. Putting unaccompanied children to one side, as we already have debated how they will be considered, our aim will be to process new arrivals as quickly as possible as they arrive. Clearly, the speed with which individuals are removed will depend on whether they consent to a voluntary departure or, if not, whether they make a suspensive claim. Secondly, as we have discussed, the Bill will have a retrospective effect and the duty to remove will apply to those who entered illegally on or after 7 March this year. Where, in the case of this cohort, any asylum or human rights claim has not been decided by the commencement date, we will commence removal action in accordance with the duty in Clause 2, in parallel with the enforcement action that is being taken against new arrivals.

I assure the Committee that the necessary planning is under way to support the effective and efficient implementation of the Bill, which will ensure that we have an integrated and robust end-to-end process from arrival through to removal. This will cover the use of detention, case-working operation, management of appeals and the logistics associated with the returns themselves. I agree with the noble Baroness that development of robust guidance and training will be a key component across all of this. However, while work on implementation is well under way, we should not get ahead of ourselves. First, we must get the Bill on to the statute book in a form that is operable. We cannot be legislating for a scheme that is so full of holes that it is unworkable.

Amendment 55A seeks to probe how the process will operate, should an individual indicate that they do not wish to make a suspensive claim. If an individual notifies the Secretary of State that they do not intend to make a suspensive claim, the person may be removed to the country or territory which they have been given notice of. As the noble Baroness suggests, such notification may be to an immigration officer or a Home Office official. Where it is given orally, it will be duly recorded. I hope that affords an answer to her point.

Amendment 56, tabled by the noble Lord, Lord Coaker, would set out in statute two additional requirements to the notice, which must be given to the person before they may be removed—that it is provided in a language which they understand and provides information on how to access legal advice. It would be prohibitively expensive to provide translations of decision notices in all possible languages and dialects up front, and there would be a time delay in doing this on an individual basis. It is therefore more efficient to work with interpreters. It is already our current policy to ensure, when serving notices in person, that the contents are explained to the individual in a language which they understand, using interpretation services where required. We also provide information on how to access legal services where relevant.

On the question of legal advice, I reassure the Committee and the noble Lord that, in giving this notice, we will ensure that we also provide information on how to access any legal advice which individuals are entitled to and on how to make a voluntary departure. We will discuss this further in relation to the legal aid provisions, which will come before the Committee in the next few days. Therefore, it is unnecessary to put these additional requirements into the statute.

Amendment 57, in the name of the noble Lord, Lord German, deals with the legal obligations that these provisions place on transport operators. The noble Lords, Lord Davies and Lord Paddick, the noble Baroness, Lady Jones, and my noble friend Lord Balfe raised the same point. This amendment, as the noble Lord, Lord Davies, pointed out, overlaps with his own group of amendments, which we are debating in the next group. I hope that the noble Lord, Lord German, will be content if I deal with the substance of his Amendment 57 when we reach Amendment 57B.

Amendment 57A seeks to test the drafting of Clause 7(8), where it refers to a vehicle being

“specified or indicated in the direction”.

A direction “specifying” a ship, train, aircraft or vehicle may refer to a particular ship et cetera scheduled to depart at a specified date and time, whereas a direction “indicating” a ship may be a more generic item, for example, specifically or simply referring to a flight to depart that day rather than to a particular flight. Moreover, I point out that the drafting here is drawn from and reflects long-established terminology used in Schedule 2 to the Immigration Act 1971.

I will deal briefly with Clause 9. It simply makes a number of consequential amendments to existing immigration legislation to ensure that it works smoothly. There is no contradiction alongside the new provisions for removal in the Bill.

To respond to the noble Lord, Lord German, persons served with a removal notice will have eight days to submit a suspensive claim beginning from the day that they were given such a notice. We will come on to Clause 54 in due course; as I have already said, it provides for free legal advice for those issued with a removal notice. To answer the noble Lord, Lord Bach, persons subject to the duty to remove will have access to advice.