Crime and Courts Bill [HL]

Lord Puttnam Excerpts

Monday 25th March 2013 Lords Chamber

[Lord McNally]

Noble Lords cannot imagine the tingle in my shoulder blades when I realised that the noble and learned Lord, Lord Mackay, had risen to his feet. I thought, “My God! What question of law is he going to ask me to pronounce on?”. I am very pleased to understand that there is all-party agreement and that after the due process of whatever they do down the other end the Defamation Bill will be returned without the Puttnam amendment, although when the history of this saga is written, it will be said that the Puttnam amendment did its job. I am not so bitter about it, especially since the Bill is coming back without it.

[Lord Puttnam]

Nothing in the world will delight me more than to see the Defamation Bill passed in its original form.

[Lord Lucas]

My noble friend has been suspended above his seat for a longer time than the Maharishi Yogi ever achieved. At risk of prolonging that, before my noble friend sits down, will he confirm, in order that he might get his supper this hour rather than next, that the matters that the noble Lord, Lord Stevenson, raised in his speech will be under active consideration in the Commons before this Bill returns to this House?

Protection of Freedoms Bill

Lord Puttnam Excerpts

Wednesday 15th February 2012 Lords Chamber

[Lord Anderson of Swansea]

My Lords, I am very aware that those who push against an open door are liable to fall on their face. I suppose the trouble here is that we do not know how open the door is, given the assurance that the Minister made. However, having regard to the way he responded so humanely to the Second Reading of the Bill brought by the noble Lord, Lord McColl, on 25 November and the amendments that the Government have subsequently made, we can be confident that he will be doing his very best concerning this evil practice and to ensure that the real needs of this vulnerable section will be adequately met. We give two cheers at the moment—we hope that there will be three cheers—but I suppose that there is a problem in how the report of the Children's Commissioner will be put into legislation, given that it will presumably be received well after this Parliament has ended. Perhaps the Minister could comment on that point.

I also congratulate the noble Lord, Lord McColl, who, as has already been said by my noble friend Lord Judd, has shown his own compassion in West Africa by his presidency of Mercy Ships. He has indeed shown himself to be committed and flexible; for example, he has listened to concerns about the former subsection (1)(c), which in my judgment could certainly have been misused for illegal immigration. The key point in subsection (1) is that the main consideration is the welfare of the child. There is no doubt about the nature of the problem. They are bewildered, vulnerable children. The Children's Commissioner's report of last month, Landing in Dover, shows some of the failings of the current system. I am sure the Minister concedes that that system is far from adequate. We need to confront it. The noble Lord, Lord McColl, has put forward a proposal that might help the Minister in terms of public funds. It may be that local social services departments can provide adequate help but, if not, the voluntary spirit will be available, as the noble Lord, Lord Wei, said.

Clearly, there are concerns about the potential volunteers. Is the problem manageable? I submit that it is, given the relatively small number of children who are trafficked. Equally, there must be some concerns about the adequacy of the training. I do not wholly accept the precedent of magistrates. Yes, magistrates are amateur, but they have training and the legal clerk is always there to advise them on the law. The volunteers, it is said, are available and there is a great spirit on the part of non-governmental organisations to be ready to help. I hope that the training will indeed be adequate. Of course many social workers do not in any event have specialist training in this field.

That said, we travel in hope. I believe that the Government and indeed the noble Lord, Lord McColl, whom I congratulate again, have set out proper criteria based on the UNICEF guidance. I believe also that Greco —the Council of Europe organisation which is going to mark the Government in terms of their adherence to the obligations under the Council of Europe convention—is more likely to give a very positive report when it comes to comment on the Government's conduct in May or June of this year.

[Lord Puttnam]

My Lords, I will not delay the House for more than a moment. This is the first opportunity that I have had to speak during the passage of the Bill, and I want to add a factual point that may be of use in supporting the amendment of the noble Lord, Lord McColl.

I had the honour of succeeding the noble Baroness, Lady Howe, as president of UNICEF. In that capacity I spent seven years travelling to all parts of the world, looking at the issue of child trafficking, and was forced to witness things that would have beggared the imagination of Charles Dickens. One important point kept coming back: when I was moved at times to begin to lecture areas of the world where the situation was particularly bad, they always responded, quite correctly, by saying, “Look at your own situation”. The situation in the UK is actually very poor, and it ill behoves us to tell the rest of the world what it should be doing about child trafficking until we can be sure that our own record is as close to immaculate as legislation can make it. I was frequently extremely embarrassed by being lectured back about the UK’s record on child trafficking in places where I had thought that we had the moral high ground. We lost the moral high ground a number of years ago.

I harangued my own Government any number of times on this issue and eventually we got a signature to the UN convention, but the situation needs improvement, and quickly. We have very little to be proud of, and I was hoping that the amendment of the noble Lord, Lord McColl, would go a long way towards allowing us to begin to tell the rest of the world how to put their house in order.

[Lord Henley]

My Lords, I hope that the House will now allow me to respond to the long debate that we have had on this subject. There are a few points that I want to make.

The noble Baroness, Lady Massey, was rather suspicious that I might be trying to kick this into the long grass—she put that suggestion forward. I assure her that I have some experience of kicking things into the long grass, but that works only when all parties agree that something should go into the long grass and stay there. If I may continue with the analogy, it was her noble friend Lady Royall who asked that I keep her informed of progress while giving me the assurance that my noble friend Lord McColl would be dogged in his pursuit of me to ensure that things progressed. When someone like my noble friend is dogged in his pursuit, there is no grass long enough for these matters. This issue will not go into the long grass, as I said; I want this to go to the Children’s Commissioner for her to give her views and come forward with practical ideas.

On that point, I would like to come back to my noble friend Lady Hamwee, who herself was rather suspicious when I used the expression “practical arrangements”. I have no shame whatever in using those words because they are exactly what we want. We want to ensure that we are making progress in this area, rather than merely passing amendments so that we feel good about passing amendments.

I do not want to go into the amendment of my noble friend Lord McColl at this stage because I do not think it quite achieves what it sets out to do and there might be better ways of doing it. I repeat what I said to him earlier today in a private conversation: we have made some progress in this area. Noble Lords have been quoting the figure of some 32 per cent of children still being lost, but we have had considerable progress over the past few years. The 32 per cent figure was an average over the past four or five years, but actually it has dropped from a quite horrifying 55 per cent to 18 per cent, which is an equally horrifying figure but that at least is progress in the right direction. I pay tribute to some local authorities, and there are not many good ones, that have been performing their duties very well. I also pay tribute, as did my noble friend Lord Attlee in the recent debate moved by the noble and right reverend Lord, Lord Eames, to the work of the Child Exploitation and Online Protection Centre, which I visited recently. Progress is being made in this area and we should not think that primary legislation or whatever—there will be opportunities for both primary and secondary legislation—is necessarily the only solution.

At this stage I would like to say that we have made progress, I have listened to everything that has been said and the Children’s Commissioner will take note of all that has been said in this debate. I look forward to progress and to keeping the noble Baroness, Lady Royall, informed about it. I will also look over my shoulder for the dogged pursuit of my noble friend Lord McColl, who will see to it that I do my utmost to ensure that progress is made in this respect. I hope that with those assurances my noble friend will feel able to withdraw his amendment.