Debates between Lord Roborough and Lord Sandhurst during the 2019-2024 Parliament

Wed 7th Feb 2024
Victims and Prisoners Bill
Lords Chamber

Committee stage part two

Crime Statistics: Gender Identity

Debate between Lord Roborough and Lord Sandhurst
Wednesday 24th April 2024

(7 months, 2 weeks ago)

Lords Chamber
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Lord Roborough Portrait Lord Roborough (Con)
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My Lords, in answer to these concerns, the Government have recently commissioned Professor Alice Sullivan to conduct an independent review of data collection on biological sex and gender in research and statistics within public bodies. This will report back by August 2024. The Home Office will thoroughly review Professor Sullivan’s findings when they are available, and will take any necessary action to ensure accuracy with regard to police statistics.

The Home Office annual data requirement for police custody, ADR 149, which is a mandatory collection, requires police forces to record the sex of detainees. In providing data to compile the Home Office’s homicide index, police forces are required to record a suspect’s sex—male, female or not known. The suspect’s gender is recorded separately, and only if it is different from their sex.

Lord Sandhurst Portrait Lord Sandhurst (Con)
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My Lords, anyone, including a convicted criminal, can change name and gender, and then obtain a new passport and driving licence and, in effect, change identity for most practical purposes. Ordinarily, in the case of persons who have changed gender, the DBS certificate will display their acquired gender. Is my noble friend the Minister satisfied that it is not possible for a passport and driving licence to be reissued to show the new name and acquired gender—thereby to be presented by the holder to defeat an effective DBS check?

Victims and Prisoners Bill

Debate between Lord Roborough and Lord Sandhurst
Lord Roborough Portrait Lord Roborough (Con)
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The noble and learned Lord makes a very sensible request, and I will do my best to write to him.

Lord Sandhurst Portrait Lord Sandhurst (Con)
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My Lords, I am grateful to various noble Lords for their support, the points that they have made, and, if I may say so, the very sensible suggestion from the noble and learned Lord, Lord Thomas, about collecting data.

If I may comment on my noble and learned friend Lord Garnier’s observations, they show that good information is necessary. It is absolutely essential. He says that these are simple and reasonable obligations; in which case, they must be explained to everybody. The guidance should set it out, and it should say simple things such as: “The Attorney-General has only 28 days in which to lodge a reference. If you are minded to complain about the sentence, you must do so straight away so that the Attorney-General has time to consider it properly; otherwise, I am afraid that there is no prospect of a reference being made”—something to that effect.

As for the extension of time, I hear what is said. It will be only in exceptional cases, and it will be the Attorney-General who decides. I just do not see what the problem is. If it is there and remains because the Government do not change it, it is really important that proper information is given.

I am grateful for the answers given by my noble friend Lord Roborough, standing in on short notice and dealing with these rather tricky little points. In the circumstances, having heard what has been said, I will withdraw my amendment. But I really do hope that something can be done, administratively at the very least; that we can receive proper assurances that victims and particularly those who are not witnesses, such as the bereaved and so on, really are told properly; and that a log is kept showing that they have been told—when and where and in what terms. I beg leave to withdraw.