Railways: Swansea to Paddington

Debate between Lord Richard and Lord Taylor of Holbeach

Wednesday 22nd July 2015 Lords Chamber

[Lord Richard (Lab)]

My Lords—

[Lord Taylor of Holbeach (Con)]

I think it would be useful if we heard from the Labour Party Benches and then perhaps from Plaid Cymru.

[Lord Richard]

My Lords—

Child Abuse

Debate between Lord Richard and Lord Taylor of Holbeach

Thursday 17th July 2014 Lords Chamber

[Lord Taylor of Holbeach]

I understand what the noble Lord is saying. The terms of reference will be decided in conjunction with the chairman. Only the chairman can determine where the inquiry should go. We need to have no closed minds on this issue but we have made clear that, while it is not a statutory inquiry, it can become one if the chairman and the panel believe that that is necessary for them to continue with their work. There is no reason why the inquiry cannot make interim reports on matters considered to be essential for the Government to take action on immediately. None the less, I think I made clear in the Statement that I repeated here on Monday 7 July that the whole point is that the inquiry should be deliberative and thorough so that we make sure that the Government can deal properly with an issue that is of concern to the House and to the country as a whole.

[Lord Richard (Lab)]

My Lords, I echo what people have said about the noble and learned Baroness, Lady Butler-Sloss. It is a great shame that she is not doing the inquiry. I have great admiration for her, which goes back a very long time, and she would have done it beautifully. However, I have some problems with the inquiry itself. The Government speak of an overarching inquiry, which I understand. The expectation seems to have arisen that this inquiry will name names—that people will be named in the inquiry and that somehow there will be an exposure of people who are supposed to have committed these dreadful crimes. The inquiry is not a court of law and cannot deal with a defendant as a defendant. It is not a police force, so it will not have the resources of the police and the Home Office to investigate these matters. How do the Government see the inquiry dealing with the issues when names are named, which, as I understand it, the Government want them to be?

Serious Crime Bill [HL]

Debate between Lord Richard and Lord Taylor of Holbeach

Monday 16th June 2014 Lords Chamber

[Lord Richard (Lab)]

Before the noble Lord leaves Part 3, I wonder whether he can help me on one issue that slightly bothers me—that is, why we have to move beyond the existing law of conspiracy into this new offence. As I understand it, he is saying that if someone did something unconnected with the actual offence, such as delivering a package—if it were connected, you could charge conspiracy—then you would be able to bring him within the scope of the criminal law and charge him with this offence. Would you not still have to prove some kind of criminal intent? If the man is delivering a package and does not know that a crime is going to be committed, he has not committed the new crime any more than he is part of a conspiracy. On the other hand, if he knows that it is in pursuance of some crime, I would have thought the existing law of conspiracy would probably be enough.

[Lord Taylor of Holbeach]

My Lords, it is our view that it is not enough. I thank the noble Lord for raising the question. We will obviously have the chance to debate this at length in Committee but, in essence, the conspiracy charge requires a direct relationship between the organised crime activity and the individual involved in the conspiracy. The noble Lord is wise enough to know that, in the real world, there are individuals who have managed so far to distance themselves sufficiently from the conspiracy but have, none the less, been aiding serious criminal activity through their deeds.

I am sure we will have good debates on this. It is not about people who unwittingly find themselves on the wrong side of the law in this regard. It is about those who are either knowingly Nelsonian in their view of what is going on or who deliberately choose to aid a client or some other person in this way. I hope the noble Lord will understand why this is in the Bill and why it is an important extension of the conspiracy provision which will, of course, continue to exist.

I come to Part 4, which deals with another aspect of the illegal drugs trade. Illegal drugs, especially cocaine, will be adulterated with other chemical substances to increase their volume and, therefore, the profits of drug dealers. Many drug-cutting agents—that is what they are called—including the most common, such as benzocaine, are far from harmless. Part 4 confers bespoke powers on the National Crime Agency, the Border Force and the police to seize and detain suspected cutting agents. They will then be able to make an application to the court for the seized substances to be forfeited and destroyed. By tackling the supply of drug-cutting agents we can reduce the availability of illegal drugs on our streets, which will, in turn, drive up the street price and help to reduce drug use as part of the Government’s wider drug strategy.

Part 5 takes us into the different, but no less important, territory of child protection. The noble and learned Baroness, Lady Butler-Sloss, who is not in her place today, has been among those who have argued that the offence of child cruelty lacks the necessary clarity when it comes to tackling psychological harm to children. I would be the first to admit that a law which, in its current form, was drafted more than 80 years ago uses rather archaic language in places. None the less—this view is shared by the Crown Prosecution Service—the offence in Section 1 of the Children and Young Persons Act 1933 remains fit for purpose. However, we accept that it would benefit from making explicit that the offence deals with both physical and psychological harm, and Clause 62 amends Section 1 of the 1933 Act to this end.

This part also makes it an offence to possess an item providing advice or guidance about abusing children sexually. It beggars belief that such so-called paedophile manuals are circulating on the internet. However, sadly and worryingly, the Child Exploitation and Online Protection Command of the National Crime Agency—CEOP—has uncovered a number of such documents. The new possession offence provided for in Clause 63 will carry a maximum penalty of three years’ imprisonment.

The third child protection issue dealt with in Part 5 is a strengthening of the Female Genital Mutilation Act 2003 and its Scottish equivalent. I know that this is an issue in which a number of noble Lords take an interest. Clearly, the challenges presented by the widespread practice of FGM cannot be dealt with by legislation alone. After all, FGM has already been an offence in this country for nearly 30 years. However, it is important that we change the law where necessary. The CPS has identified cases that it was unable to pursue because the extraterritorial jurisdiction provided for under the 2003 Act was limited to UK nationals and non-UK nationals permanently resident in this country. Clause 64 extends this to cover habitual residents. We are looking at other changes in the law in this area, which we hope will help to secure more prosecutions, including whether the victims of FGM should be afforded the protection of anonymity during the criminal process in the same way as rape victims.

Clause 65 deals with another aspect of extraterritorial jurisdiction, in this case in respect of certain offences under the Terrorism Act 2006. My noble friend Lord Marlesford, who I am delighted is in his place, is among those who have rightly highlighted the threat posed to the United Kingdom by “foreign fighters” returning from the conflict in Syria. The amendments made to the Terrorism Act 2006 will enable persons who, while overseas, have undertaken preparations for terrorist acts or who have trained for terrorism more generally, to be prosecuted on their return to the UK. While our priority remains to dissuade people from travelling to Syria or other areas of conflict in the first place, we must ensure that the legislation we have in place to tackle individuals engaging in terrorism overseas is as robust as it can be.

We all share the anguish over the humanitarian disaster that has befallen Syria but there are perhaps better ways to help the people there than by travelling to the region; for example, by donating to registered aid charities. Even those travelling for well intentioned humanitarian reasons are exposing themselves to serious risks, including being targeted by terrorist groups. Those who engage in terrorism or acts preparatory to terrorism while abroad should be in no doubt about the action we are prepared to take to protect the public, should they return to this jurisdiction.

Finally, Clause 66 ensures that two draft EU Council decisions relating to serious crime are subject to proper parliamentary scrutiny and approval before UK Ministers can vote for them in Brussels. The first of these draft decisions relates to the continuation of a funding programme to protect the euro from counterfeiting. The second draft decision will repeal a now-expired programme to fund measures to protect critical infrastructure against terrorist attacks.

Under this Government we have, by establishing the National Crime Agency and revitalising the regional organised crime units, put in place the necessary capacity and capabilities to tackle serious and organised crime. However, as those who engage in organised crime evolve and adapt to the countermeasures we take, we in turn must adapt and respond. The Bill will ensure that the NCA and other law enforcement agencies have the powers they need to continue effectively and relentlessly to pursue and disrupt those who engage in serious and organised crime. I commend the Bill to the House and I beg to move.

Passport Office

Debate between Lord Richard and Lord Taylor of Holbeach

Thursday 12th June 2014 Lords Chamber

[Lord Taylor of Holbeach]

As noble Lords will know, we have in fact been seeking to reduce the cost of passports. The Passport Office works on the basis of trying to offer value for money to customers—for example, the adult overseas passport has been reduced by £45 this April as a result of the measures that we have taken.

[Lord Richard (Lab)]

My Lords, I am sorry to come back to the question of the website, but I think it is very important as far as ordinary people are concerned. Is it proposed to leave the period of three weeks as it is, as expressed on the website, or is the website now going to be amended to say that we hope that the period will be three weeks but it may be four and in fact we are not absolutely certain? It is very important that this aspect is clarified.

[Lord Taylor of Holbeach]

I will take the noble Lord’s advice. I am not an expert on how to handle a website, but I see that it is very important that the public are properly informed about the time taken. As I say, that three-week deadline is accurate for the vast majority of long and complex cases. However, I understand what the noble Lord is saying, and it would be wise to say to people, “Get your application in in good time”. That would avoid a great deal of anxiety on all parts.

Police: Private Prosecutions

Debate between Lord Richard and Lord Taylor of Holbeach

Tuesday 4th February 2014 Lords Chamber

[Lord Taylor of Holbeach]

My noble friend is right about this. The public expect the highest level of professionalism and integrity from the police. Next month will be the first anniversary of the Home Secretary’s Statement to Parliament on the College of Policing, which I repeated here. The College of Policing is setting out those measures to ensure that the integrity of the police force we share is of the highest standard. This year will see the publication for the first time of a code of ethics by the college.

[Lord Richard (Lab)]

My Lords, the noble Lord has told the House that the Government are taking this issue seriously and will consider it seriously. Can he tell us how long we will have to wait to see the results of that consideration?

EU: Police and Criminal Justice Measures

Debate between Lord Richard and Lord Taylor of Holbeach

Tuesday 23rd July 2013 Lords Chamber

[Lord Richard]

I am much obliged to the Minister. He says that this vote tonight is necessary so that negotiations can begin. Why is it that the House of Commons was not asked to endorse the Government’s view that the 35 measures were in the national interest, whereas in this House we have been asked to endorse that? Why is there that difference between the Motions that have been put to the two Houses?

[Lord Taylor of Holbeach]

Noble Lords conduct their own business in this House and I think that the Motions—

--- Later in debate ---

[Lord Taylor of Holbeach]

I will give way to the noble Lord, but I want to make this point absolutely clear. The noble Lord, Lord Richard, is plucking at straws. Let us get to the substance of this. There is a Motion before the House this evening that gives Members of the House an opportunity to express an opinion on both the opt-out and the rejoining of 35 measures. That is quite clear and it was the purpose of tabling this Motion. It is up to noble Lords to decide how they react to it, but there is nothing devious or obscure in the way in which the Motion has been derived.

[Lord Richard]

With great respect, I am not clutching at any straws at all. Having been drawn into a conversation with the noble Lord, I think that I am entitled to put this point to him. It is a question not of clutching at straws but of asking a very simple question of the Government. Why have they asked this House to endorse their proposals when they did not ask the House of Commons to endorse them? Why is there a difference between the Motions put to the two Houses?

[Lord Taylor of Holbeach]

I have given the noble Lord the answer.

Public Bodies Bill [HL]

Debate between Lord Richard and Lord Taylor of Holbeach

Tuesday 9th November 2010 Lords Chamber

[Lord Taylor of Holbeach]

The Bill has proceeded on consensus. I do not imagine that it will deviate from that course in the future.

To continue, the remainder of the Bill provides for several supplementary and associated functions. Clauses 13 to 16 would give Welsh Ministers specific powers to reform environmental bodies in Wales. These powers have been requested by the Welsh Assembly Government to enable changes following their current review of environmental regulation.

Clauses 17 to 19 concern forestry. The Government are exploring a new approach to the ownership and management of woodlands and forests, with a reduced role for the state and a bigger role for individuals, businesses, civil society organisations and local authorities. I assure the House that this Government will not compromise the protection of our most valuable and biodiverse forests, including our historic woodland. Measures will remain to preserve and enhance the vital public benefits that our forests provide. The Government will consult widely on their future plans and invite views from a wide variety of stakeholders.

Clauses 20 to 22 place specific restrictions on the use of the powers in the Bill. These clauses complement the additional protection in Clause 8, which prevents a Minister making an order that he or she considers will infringe an individual’s rights. Clauses 23 to 25 confer powers to create transfer schemes and provision about taxation in relation to the powers in the Bill. Finally, Clause 26 amends the Superannuation Act 1972, clarifying rights of participation in the Civil Service pension scheme for employees of some public bodies.

I know that Members of this House will wish to scrutinise the Bill thoroughly, with regard both to its structure and its implications for specific bodies. I recognise that there are understandable concerns among staff who work for bodies where reform is proposed. I assure the House that the Government are committed to doing all we can to make changes in a manner that is fair and consistent. I also reassure the House that the fact that a body is named in Schedule 7 to the Bill should not be misconstrued as constituting an intent to abolish or otherwise reform. It simply indicates that the body concerned was within the scope of this year’s review and may be within the scope of future review programmes reported to Parliament.

I would agree with noble Lords that many bodies named in Schedule 7 perform crucial public functions with which the Government have no wish to interfere. For example, we will not do anything to undermine the vital organisational and editorial independence of Channel 4, one of the country’s most highly valued broadcasters. However, as a public corporation with statutory functions, it is right that it should be listed alongside other bodies that have undergone the recent review process. There are certain functions that the Government intend should remain outside the scope of future reviews and the powers in the Bill. These include the economic and network regulatory functions of bodies such as Ofcom, Ofwat and Ofgem, where the Government wish to ensure that regulatory stability is maintained and the cost of capital is not adversely affected.

I look forward to the debates on this Bill and to the wide-ranging expertise which noble Lords will bring to these discussions. I have committed to consider the concerns of colleagues about any aspect of the Bill, and I say again that this is a sincerely held commitment. But in making this commitment, I ask noble Lords again to reflect on the vital and sensible purpose of the Bill. As my right honourable friend the Minister for the Cabinet Office stated in a Written Statement in another place on 14 October:

“The landscape for public bodies needs radical reform to increase transparency and accountability, to cut out duplication of activity, and to discontinue activities which are simply no longer needed”.—[Official Report, Commons, 14/10/10; col. WS 27.]

All the main parties have acknowledged that this is a necessary task and the Public Bodies Bill is an essential part of this process. By creating a framework to make changes to a broad range of bodies, the Bill before this House represents a real opportunity to make lasting reforms to the business of government, and I commend it to the House.

[Lord Richard]

Before the noble Lord sits down, I wonder whether I could ask him a question. He has given us his view on how proud the Government are and has said that this is a considered decision, about which they have thought a great deal. If my arithmetic is right, the Government have been in office for about 150 days. Taking out weekends and the Summer Recess, they were left with about—being very generous—120 days in which they could have considered this. They are supposed to have considered 900 instances in 120 days which, if my arithmetic is right, is seven and a half per day. Does the noble Lord really think that that is a proper consideration? Can he give us some inkling of the names of the people who are so remarkable that they can do that?

[Lord Taylor of Holbeach]

We will have plenty of time to discuss the question which the noble Lord has asked. It is reasonable for him to understand that this has been a cross-government review in which all departments have been engaged. It is a single, co-ordinated attempt by all of government to make a more efficient and effective public body sector.