Public Bodies Bill [HL]

Debate between Lord Ramsbotham and Lord Foulkes of Cumnock

Monday 28th February 2011 Lords Chamber

[Lord Foulkes of Cumnock]

I add my congratulations and thanks to my noble friend Lady Henig for the work she does as the chair of the authority. I have had a number of discussions with her over the past year or so about the situation in Scotland, and she has been most helpful. She carries out her work in a modest but very effective way. I also echo what my noble friend Lord Whitty said earlier: before the SIA was established, the industry was characterised by cowboys and gangsters. I remember it well—not that I was part of it in any way, but I remember how it operated. I remember its links with organised crime. It was also characterised by low pay, which created particular problems with bribery in the running of operations.

That did not all change through self-regulation. It changed because we legislated and because the Government took clear and decisive action to ensure that the industry was properly regulated.

My main point relates to Scotland. I see the noble and learned Lord, Lord Wallace, here. I think that he will confirm that there is no doubt what is the view of the Scottish Executive in relation to the future of the SIA. On 8 September, the Home Secretary wrote to the Scottish Government seeking their views on the UK Government’s intention for the future of the Security Industry Authority. Kenny MacAskill, the Justice Minister in Scotland, in a reply to my colleague in the Scottish Parliament—he is not my noble friend yet—Richard Baker, stated on 11 November:

“I responded on behalf of the Scottish Government on 13 September 2010, setting out my concerns about the UK Government's proposals and strongly emphasising the need for continued regulation of the private security industry in Scotland. These views were also set out in a letter that I wrote to the Deputy Prime Minister on 24 September 2010 and in a further letter to the Home Secretary following my meeting with the Scottish security industry representatives on 13 October 2010”.

There is no doubt about their view, which was made very clear to the Home Office and the Deputy Prime Minister. In another reply, also on 11 November, Kenny MacAskill stated:

“The Scottish Government does not support the decision of the UK Government. The Security Industry Authority has been working very well in Scotland, and the Scottish Government made a very strong case to the UK Government for its continuation as the independent body responsible for regulating the private security industry”.

There is no doubt about the view of the Scottish Government. As my noble friend Lady Henig has heard directly, I can confirm that the shadow Justice Secretary, Richard Baker, who asked the Question, agrees. It is not often that he agrees with Kenny MacAskill, but on this occasion, he agrees 100 per cent with him.

So we have the two largest parties in the Scottish Parliament at one in wanting to keep the Security Industry Authority in operation. One might say, “It can continue to operate in Scotland”, but it would be ridiculous for a United Kingdom industry—which it is, because Securicor and G4 security operate north and south of the border—to have completely different regulation, a completely different kind of supervision.

The issues for the industry are the same in Scotland as they are in England. There are other areas where things are different in Scotland, where we are proud of the differences, but in this area, there are no differences in the operation of the industry and there should not be any difference in the regulation of the industry.

As my noble friend Lord Whitty said in a robust way and as my noble friend Lady Henig said in her usual gentle way, I say to the Minister: think again about this. Have further discussions with the Scottish Executive to find out more about their concerns, have discussions with the Welsh Assembly Government and with Northern Ireland about their concerns to try to find something which is acceptable to all parts of the United Kingdom, and come back to this House and the other place with alternatives. The very co-operative way in which the Minister, the noble Lord, Lord Taylor of Holbeach, started off the discussion on the Bill at about 3 o’clock—all those hours ago—was very refreshing. I hope that, on this particular issue, the Minister will act similarly to the noble Lord, Lord Taylor, look at it positively, take account of the views that have been expressed and take the matter away, think again and come back with revised proposals.

[Lord Ramsbotham]

My Lords, I add just one concern to what has already been said. That is in relation to the criminal justice system and the use of private security companies in it, coupled with my increasing concern about their involvement in the activities of the UK Border Agency. The Green Paper published by the Ministry of Justice, Breaking the Cycle, envisages increased use of private sector companies, for example in providing probation services. At present they are conducting a number of private sector prisons. Those are under supervision of the Inspectorate of Prisons but the training and the selection of staff has always caused concern.

As far as the UK Border Agency is concerned, the activities of the private sector in such activities as the deportation of people was drawn into high relief the other day with the death of someone who was put under restraint while being deported in an airplane from Heathrow. As a result, the activities of private sector guards have come under greater scrutiny rather than less. Therefore, with this increased activity, I have to admit that I am nervous at the thought of the SIA being removed from a role that it could have if raised to the stature of that work, in favour of self-regulation, which I do not believe is right in this particular area.