Anti-social Behaviour, Crime and Policing Bill

Lord Rosser Excerpts

Wednesday 4th December 2013 Lords Chamber

[Lord Stevens of Kirkwhelpington (CB)]

I support the noble Baronesses, Lady Henig and Lady Harris of Richmond. I also remember the promises made to this House by Ministers who preceded the noble Lord. There has been a long history in relation to the private security industry and I declare my interest as chairman of Skills for Security, which does all the training for the private security industry. I have been in that position for some time.

The history of this goes way back. The police service has had grave concerns over the past 10 to 15 years about rogue companies in the private security industry, with some issues that were very much into the criminal arena of behaviour. It surely makes sense for there to be an approach that follows the promises made to this House and talks about the responsibility not just of individuals but of companies. Large companies in this country have a responsibility. They do a very good and important job in the private security industry. It makes sense for these companies to be held accountable as an identity rather than individuals within the company. It follows government policy in terms of making companies responsible for the negligent and highly negligent actions of their employees. It would ensure that companies can be held to account and investigated by the IPCC, something we talked about earlier in this House. It would also address the continuing uncertainty that is impacting on business planning, which some of us involved in this area have identified with other people also talking to us about their concerns.

Everyone in this House will know about the increase in organised crime. A number of organised crime gangs operate in this area. Some of them infiltrate companies and some are part and parcel of companies. It makes sense, if that is the case, that companies in general should be held accountable. The other area which is important—and my noble friend Lady Harris of Richmond talked about it—is training. It is something I know a little about, having borne that responsibility for some time. It is essential that when training is done it is done with certainty. That means that if there is accountability, it is there for those people in the company as a whole, whether it be big companies such as G4S or the smaller companies that some of us are involved in.

If this amendment were taken up—it is a probing amendment, of course—it would add to public confidence. The police service in general would know where it stood and government agencies also would know exactly what they were working with and exactly how to tackle some of the difficulties that sometimes happen in the private security industry.

[Lord Rosser (Lab)]

My Lords, I will be brief. My noble friend Lady Henig indicated that this is a probing amendment which has been tabled as there are doubts about whether undertakings given previously still stand. In view of the obvious importance of this issue, which is clear from the contributions made to this debate, we shall certainly listen with interest to the Minister’s answer.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con)]

I thank noble Lords for their contributions and for the concise way in which they have addressed this important issue. I am grateful to the noble Baroness, Lady Henig, for presenting these amendments—not that I am going to accept them—as the SIA is one of my departmental responsibilities within the Home Office. She mentioned commitments that I made last year at the annual general meeting of the SIA. I made similar commitments by video link; unfortunately, I could not be there as I was dealing with a Bill and could not be in two places at the same time.

I reiterate our commitment to the SIA. No one knows more than the noble Baroness, Lady Henig, how important that body is, given her distinguished service as its chairman. We also appreciate the points made by the noble Lord, Lord Stevens of Kirkwhelpington, on the importance of business licensing for the development of the industry. We are at one in that aim and we have not been idle on this issue. There has been a public consultation on the process and we have published the Government’s response to it. As the noble Baroness may know, we do not need primary legislation —we do not need to put anything in the Bill—to introduce business licensing. It would be introduced by secondary legislation and would cover issues such as door supervision, security guarding, cash and valuables in transit, close protection, CCTV and public surveillance, and key holding—the traditional areas. However, noble Lords will be aware that one of the consequences of the Leveson report is that private investigators should also come within the ambit of the regulatory body—the SIA. Therefore, there is a lot to do. I reassure my noble friend Lady Harris of Richmond that we are still very much on target.

I turn to the amendments. Amendment 56QA seeks to link the application of the complaints and misconduct framework overseen by the IPCC to SIA-regulated businesses. As the noble Lord, Lord Stevens, said, the police work with the private sector on many different aspects of their work, many of which are outside the security industry and, as such, it was never the intention that the provisions of the Private Security Industry Act would apply. I shall describe the sorts of thing that I am talking about. These include, for example, call handlers in police control rooms or inquiry office staff. In addition, forensic science work, which is, of course, integral to the police service, is regulated by the forensic science regulator, and would be excluded.

The intention behind Clause 121 is to ensure that the oversight of complaints and conduct matters by the IPCC extends to all private contractors, subcontractors and their employees carrying out functions for the police where those functions have been traditionally carried out by police officers and police staff, so that where there has been a move towards the civilianisation of police functions, these should be covered. Police forces are increasingly entering into contracts with private sector organisations—I come from Lincolnshire, a county which probably pioneered that—many of which fall outside the SIA-regulated regime, but which should, none the less, be subject to investigation by the IPCC for wrongdoing. I think that the public would rightly expect this to be the case.

Amendment 95ZA raises similar issues in the context of the transit through the UK of people being extradited from one country to another. Again, I understand the noble Baroness’s concern to prevent untrained and potentially unsuitable individuals being given delegated authority for facilitating these transits.

Although I agree with the intention behind the amendment, I believe that we can achieve all this through other, more workable means. I say that because the Government plan to amend this clause in recognition of similar concerns raised by the Delegated Powers and Regulatory Reform Committee—namely, that the power to specify descriptions of those who might in future facilitate the transit through the UK of persons being extradited from and to another country is cast in wide terms. The committee felt that this should be seen in the context of the powers of authorised officers, which include the power to detain persons in custody, and therefore that the delegated power should either be circumscribed in the Bill or subject to the affirmative procedure.

We have listened to the views of the committee and, in response, have tabled an amendment which will apply the affirmative resolution procedure to this order-making power. This will mean that the only categories of persons able to undertake escort duties will be those approved by both Houses. An example of the type of persons who might undertake this escort role is Border Force officials. Whoever is empowered to carry out the role will be subject to the extradition codes of practice, which are based on the equivalent PACE provisions. I hope that the noble Baroness will be reassured that there will be proper oversight and scrutiny of those who undertake quasi-police functions and exercise police powers, and that she will be content to withdraw her amendment.

In relation to the SIA, the Private Security Industry Act 2001, which underpins the SIA’s regulatory activities, specifically states that licensing requirements do not apply to activities carried out by a detainee custody officer and a prison custody officer, both as defined by the Immigration and Asylum Act 1999. Therefore, the effect of this amendment would be to create conflicting legislation, with a question as to which Act was supposed to apply to these people. The SIA currently has no remit for regulating this type of activity; nor is it the Government’s intention for it to do so in the future.

I hope that the noble Baroness, Lady Henig—I keep thinking of her as “my noble friend”, although, according to the traditions of the House, I should not call her that—will accept my commitment on business licensing and on the determination of the Government to continue their policy objective of advancing the interests of the SIA. We see it as developing an increasingly important role in public protection in this country.

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[Lord Hope of Craighead (CB)]

My Lords, perhaps it might help if I could balance out the contributions from the Cross Benches by speaking as someone who has never been a police officer or had any responsibility for policing in this country. I approach this amendment by looking at it on its own terms as something which is directed to Clause 126, on the assumption that the clause remains part of the Bill. I make no comment on Clause 126 itself, but I see merit in the amendment for one particular reason.

I have no reason to doubt the proposition that the Government care deeply about considerations of national security and intelligence. Approaching this matter from the sidelines, I would be very surprised if considerations of that kind did not cross the mind of those who were considering making these appointments; let us assume that as a given, in favour of the Government. The value of the amendment is that it counters the suspicion that some may have that these considerations are not in the mind of the Government. It also has a disciplinary effect, because the exercise that is being proposed here will, of course, be carried out in advance of any of these appointments being made. It will help to focus the mind and lay on the table the considerations which one would assume the Government will take into account in making these appointments.

If one thinks of the acceptability of the appointment through the entire police force, the fact that these considerations were on the table and so can be assumed to have been taken into account would add considerable weight to the appointment and the respect in which the appointment-holder would be entitled to be held. Purely from that standpoint, as a former judge and not as somebody who has any experience in the detail of the matter, I respectfully see value in the amendment.

[Lord Rosser]

My Lords, I will resist the temptation to go beyond the amendment that we are principally discussing, Amendment 105. We acknowledge that the Government appear to have a strong wish to bring personnel into the police from overseas, but there is an obvious concern that has been powerfully expressed tonight over the implications for the security responsibilities of the posts mentioned in Amendment 105 and their access to the highest classification of intelligence. The question has been powerfully raised of whether it is appropriate that the positions indicated in Amendment 105 should be held by a non-UK national on national security grounds. The strength of the amendment, as the noble Lord, Lord Hope, has indicated, is that it does not say no, but it requires that written advice be sought from the Intelligence and Security Committee as to whether there are any considerations of national security and intelligence that would need to be examined in relation to the appointment of a non-UK national to the posts mentioned in the amendment. Obviously, there is also the requirement that Section 126 would not come into force until the views of the Intelligence and Security Committee had been obtained and given to the Secretary of State and,

“a copy of those findings has been laid before both Houses of Parliament”.

I always say, “subject to what the Minister has to say, since he might persuade me otherwise”, but it seems to me that, in view of the concerns that have been raised— which seem legitimate—Amendment 105 is eminently reasonable. It is not giving an answer to the question, but it is saying that surely the issue is of sufficient importance that advice should be sought from the Intelligence and Security Committee. We will await the Minister’s response with interest, particularly on whether they have already assessed the security implications of a non-UK national filling one or more of the positions listed in Amendment 105 and have come to the conclusion that there are no national security considerations.

[Lord Taylor of Holbeach]

My Lords, this has been an interesting debate. One or two things have been said that I would have to refute. I disagree with the view of the noble Lord, Lord Elystan-Morgan, on police and crime commissioners, and they are not really the subject of this amendment or this debate. With the greatest respect, I have to say that I disagree with the noble Lord, Lord Imbert, on the views of this Government about policing. There is no way in which any member of the Government who I know holds the police in disdain, and there is no sense that the Bill is in any way about getting at the police, as the noble Lord implied. I must put that on the record because I owe it to all my colleagues to do just that.

There is a serious issue in these amendments and I am grateful to noble Lords for addressing them and to the noble Lord, Lord Blair, for bringing them to our attention. I am also grateful to the noble and learned Lord, Lord Hope of Craighead, for being a non-policing lay person who wishes to contribute to this debate. I hope that I can reassure the noble Lord, Lord Rosser, as well on this issue.

I understand the concerns that the noble Lord, Lord Blair, has raised, and I am grateful for the experience and knowledge of policing that he and his colleagues have brought to bear on this important issue. I agree that it is essential that those who are appointed as police officers undergo vetting appropriate to the role that they undertake. In the case of posts that have responsibility for counterterrorism policing, such as those that are pointed out in the amendment, it is of course vital that very stringent checks can be carried out.

Of the posts mentioned in the amendment, though, only the post of the Metropolitan Police Commissioner would be affected by the proposals in Clause 126. All the others are not mentioned in this clause or indeed relevant to it. Clause 126, as the noble Lord says, removes the requirement for an applicant to have served as a constable in the UK before being appointed as a chief constable or as the commissioner—where they have certain alternative relevant experience, which is important to emphasise as well. I have to say that there is no requirement under law to have served as a constable in the UK before being appointed as a deputy or assistant commissioner. With regard to the Metropolitan Police Commissioner, it will be for the Home Secretary to decide whether to include further restrictions beyond those set out in primary legislation in advertising for the role when a vacancy arises.

That is the same position as now. As things stand, no policing posts are restricted to British nationals by legislation. I recognise that there will be some posts that will require UK nationals only. However, we do not feel it necessary to start specifying this in legislation. We have not done so up to now; why should we start? The Home Secretary has the ability to impose nationality requirements for the commissioner post if necessary, as indeed she did when the post was last advertised. Similarly, the Home Secretary can also impose this requirement when appointing the deputy commissioner and the director-general of the National Crime Agency. It is for the Commissioner of the Metropolitan Police to make the decision when it comes to assistant commissioners—they are not a Home Office appointment.

The noble Lord, Lord Blair, has explained why he does not believe that this is a sufficient safeguard, and that the Home Secretary and Parliament must be required to consider the advice of the Intelligence and Security Committee. However, it would be more appropriate for the Home Secretary to take advice from whom she thinks relevant when she is in the position to make these appointments, so that it is current and pertinent to the role being recruited at that time. However, I reassure noble Lords that, whatever nationality restrictions are imposed, no appointment would be made by this or any future Home Secretary that would put national security at risk. We would always expect the successful candidate to undergo the appropriate vetting procedures. If an applicant cannot be vetted, they will not be appointed.

I shall inform the House about current vetting requirements. The UK has reciprocal agreements with Governments of some EU and NATO countries whereby we recognise their vetting as equivalent to ours. Decisions will need to be made on a case-by-case basis. There is currently no bar to foreign citizens undergoing developed vetting, nor is there a requirement to have a British parent, but 10 years’ residency is usually required.

While I accept and acknowledge the expertise in the ISC, I do not believe we need to be obliged by law to refer this matter to it. I am satisfied that there are sufficiently robust vetting arrangements in place for these sensitive posts—they are, indeed, sensitive posts. Any change in the law to exclude foreign nationals being appointed to them would be introducing a requirement that has not hitherto applied. With these assurances, I hope the noble Lord will be content not to move his amendment.

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Debate on whether Clause 129 should stand part of the Bill.

[Lord Rosser]

Clause 129(4) gives the definition of anti-social behaviour. It is that it,

“causes or is likely to cause harassment, alarm or distress”,

rather than the nuisance or annoyance definition that relates to Clause 1 for the power to grant injunctions. That is the IPNAs. In Clause 94(6) on out-of-court disposals, anti-social behaviour is also defined as harassment, alarm and distress rather than nuisance or annoyance. I am not particularly expecting the Minister to give me an instant answer. If he is unable to do so, which I think may well be the case, I would be very grateful if he could subsequently let me know why there is a distinction and why it refers to the definition as being “harassment, alarm or distress” in Clause 129, which is different from the definition given in Clause 1 but is the same as the definition given in Clause 94(6).

[Lord Taylor of Holbeach]

My Lords, I will not seek to give an off-the-cuff answer to that question. If the noble Lord is happy for me to write to him I will do so, particularly as I am sure we wish to expedite the business. I hope that we can agree that Clause 129 should stand part of the Bill.

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[Lord Ahmad of Wimbledon (Con)]

My Lords, child sexual exploitation is an abhorrent crime and we are determined to stamp it out. In the past, all too often these crimes were largely hidden, but now child sexual exploitation is rightly centre stage as an issue that we must tackle. We are strengthening the system of civil orders used to manage the risk of sexual offences through Part 9 of the Bill, which noble Lords have already considered in Committee. The provisions in this group of government amendments provide an additional power to tackle the problem from a different angle. They will make it harder for child sex offenders to be able to use the anonymity of hotels and similar venues to commit offences against young people and children. A number of recent high-profile cases, such as in those in Oxford and Keighley, have shown that offenders have used the cover of hotels and bed-and-breakfast accommodation to commit sexual offences against children. By introducing these new powers, we will help the police to tackle child sexual exploitation where there are reasonable suspicions that offending has taken place or will take place.

Already, police forces are actively tackling this issue, as evidenced by the increasing number of cases that the police are bringing before the courts and the significant sentences being handed down to perpetrators. In addition, on a national level, we have strengthened the response to this issue through the inclusion of child sexual exploitation within our strategy to combat organised crime. The newly established National Crime Agency is strengthening the UK’s capability to combat child abuse online with some 4,000 specialist officers. We have also set up a Home Office-led national group through which agencies are working together to better identify those at risk and create a more victim-focused culture within the police, health and children’s services. Whether exploitation is happening now or has happened in the past, we will continue to ensure that victims are not left to suffer in silence and that those who exploit them are rightly brought to justice.

The Government want to support the police in their efforts to vigorously pursue perpetrators of this despicable crime. Targeted new powers of the kind that we are proposing will provide additional help to law enforcement agencies by allowing the police to obtain information about guests staying at hotels, guest houses and B&Bs where they suspect sexual exploitation could be taking place. If there is a reasonable suspicion that premises are being used for child exploitation, a police officer of at least inspector rank may issue a notice to the owner, operator or manager. That person would then be required to provide the police with information over a specified period of up to six months about guests who check in on and after the date on which the notice takes effect. This could include information such as the name, age, address and relationship of guests, which would be used for vital intelligence and evidence-gathering. Where there is information that a child is potentially at risk, police would use existing powers to protect the child and pursue offenders in the normal investigative process.

It is essential that this new power is taken seriously and can be enforced. That is why it will be an offence for a person served with a notice to fail to comply, and they will be subject to a maximum penalty of a level 4 fine, currently £2,500. However, clearly there should be safeguards. An offence will not have been committed if the person has a reasonable excuse for failing to comply or if reasonable steps were taken to obtain or verify the required information, and an appeal against the notice can be made in a magistrates’ court. The intention of the new power is to create a proportionate and targeted tool that will be used in an intelligence-led way to help prevent abuse, and I commend these amendments to the Committee.

[Lord Rosser]

My Lords, as we know, hotels do not require a specific licence to operate unless they are licensed to sell alcohol, and they certainly have no specific duties to report suspected child abuse. Clearly we are at one in wanting to eliminate child sexual exploitation as far as is possible, which is the objective of these amendments. However, I will raise one or two questions.

In the information that the Minister sent us, he said that it is not expected that this targeted power will be used more than 10 times a year, and that,

“as such, the impact on business is expected to be minimal”.

I do not ask him to tell me why he thinks that the figure is 10 rather than nine or 11, but it would be helpful if he could give some indication as to roughly where that figure of 10 came from.

Amendment 56YA defines “hotel” as,

“any guest house or other establishment of a similar kind at which accommodation is provided for a charge”.

I imagine that it must be possible to find some accommodation that is provided which is similar to a guest house but with no charge—something might conceivably be run by a charity. I want to confirm—and this is not particularly a criticism—that the wording would mean that that kind of establishment was excluded from the provisions of that clause.

The view of the Delegated Powers and Regulatory Reform Committee is that it considers that regulations specifying additional categories of information should be subject to the affirmative procedure. I understand that the Government do not envisage that. If I am correct in making that assertion, perhaps the Minister could say why. If I am wrong, and it will require the affirmative procedure, I will be very pleased indeed.

On this requirement under the clauses we are discussing, to provide information, for example in relation to addresses of guests at the hotel, is it the Government’s intention—I assume that it is but just want to clarify it—that it will apply only in relation to this particular kind of offence? One can think of situations in which a hotel was used by individuals to perpetrate other forms of quite serious crimes. Child sexual exploitation is obviously very much at the top end, but a hotel could be used to enact or plan other forms of crime. Do the Government intend that this provision will apply over a wider field than child sexual exploitation, which obviously we all accept is a very serious crime?

On the information about guests that might be gleaned, if that information does not result in a charge or a successful prosecution, for how long can it be retained by the police? Can it be retained in perpetuity or will it have to be given up or destroyed after a certain period of time? Since I do not think that that is indicated in the Bill—I am sure that if I am wrong, I will be corrected—for what purposes may the police use any information obtained about guests, and are there any restrictions on possible use of information provided to the police under these clauses?

[Lord Ahmad of Wimbledon]

My Lords, I will turn to some of the issues—if not all, I will certainly write to the noble Lord in that respect. On the issue of the Delegated Powers Committee’s recommendation that the order-making power in Amendment 56YA should be subject to the affirmative procedure, that report has come today, we are considering it and we will respond to the committee’s report in advance of Report stage.

The noble Lord raised the issue of the application of these particular proposals just for child sexual exploitation. It is their primary aim to target that particular heinous crime. I am sure that all noble Lords would agree that this is something that needs to be tackled head-on.

As for the figure that the noble Lord asked about in the briefing, that was a matter that I raised, too. This figure is indicative; one would hope that it was zero. That is the sentiment that I would express from the Government, but it is an indicative number only.

The noble Lord, Lord Rosser, asked about accommodation provided for a charge. The provision is aimed at hotels and bed-and-breakfasts; it would not cover accommodation provided for free, such as accommodation run by a charity. I trust that that has answered most, if not all, of his questions, but if there is anything pending I shall write to him.

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Moved by

[Lord Rosser]

56YF: Before Clause 130, insert the following new Clause—
“Review of provisions to address stalking
The Home Secretary shall carry out a review of progress and implementation of the provisions used by the police to address stalking.”

[Lord Rosser]

My Lords, in the discussions on the Protection of Freedoms Bill a cross-party alliance argued that stalking should be made an offence, which led to the Government accepting the point. However, there now appears to be a need to monitor the implementation of the new law and the progress of training provisions for the police. This is why we have tabled this amendment, which asks the Home Secretary to carry out a review of progress and implementation of the provisions used by the police to address stalking.

We have called for national standards on police training for domestic and sexual violence, including stalking. Victims repeatedly say—fairly or unfairly—that police officers do not understand stalking and are not aware of the new laws and, as such, are reluctant to intervene. Police information notices—often referred to, perhaps wrongly, as harassment warnings—are apparently sometimes being handed out rather as a matter of course in stalking cases to victims and the alleged perpetrators alike, which certainly victims regard—again, rightly or wrongly—as a failure properly to investigate the complaints.

As I understand it, the number of arrests in the first six months of stalking being an offence was just over 300. This is in marked contrast to the situation in Scotland. In the 30 months since its law was introduced, it had just over 1,400 detections recorded, and, of those, just under 1,050 had commenced prosecution. Of that figure of just under 1,050, 450 had resulted in convictions and 315 still await prosecution. This suggests that the figures for England and Wales are well below expectations taking into account the massive difference in population with Scotland, which has only approximately one-tenth of the population of England and Wales. Therefore, these figures are surprising and do not appear to reflect the seriousness of stalking.

Case material that has apparently been received by the National Stalking Advocacy Service shows outstanding training needs, particularly understanding the nature of the new laws, the need to consider all stalking behaviour when victims complain and the serious nature of this criminal stalking behaviour. Even though the Government have made stalking an offence, which obviously is major progress, this alone is not enough to make it work. Given some of the evidence that is now coming to light, there appears to be a case that a review is needed on the implementation of the provisions used by the police to address stalking, and that is what Amendment 56YF seeks to achieve.

[Baroness Brinton (LD)]

My Lords, I was one of those who spoke on a number of occasions during the passage of the then Protection of Freedoms Bill on the issue of stalking. Like others, I welcome the implementation of that Act.

I endorse the points made by the noble Lord, Lord Rosser, but wish to add two or three more. In addition to the worry about the numbers of arrests and charges, the geographical data are also very patchy. There have been 133 arrests in the Met area but none in Gloucestershire. Lancashire has had 36 arrests, there have been 20 in the Thames Valley, 14 in Suffolk, 12 in Bedfordshire but just two in Merseyside. These disparities are also reflected in the actual charge rates, should the issue progress to that. What these data seem to be saying is that some forces have trained and prepared their officers for the new offence but others have not. When the stalking clauses were discussed during the passage of the then Protection of Freedoms Bill, there was cross-party agreement that there would not be real change in stalking offences until the culture not just in the police but in the criminal justice system changed and they understood the new law and how to implement it. It is good news that the College of Policing will cover this training in the future, but can the Minister say where and how much training has been undertaken in the past 18 months since the legislation was concluded, so that those areas not implementing the new law are prodded into action?

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[Lord Taylor of Holbeach]

I would be happy to.

[Lord Rosser]

I thank the noble Baroness, Lady Brinton, for her contribution and for the information that she gave. Of course, she drew attention to the significant geographical discrepancies, the question of whether it was harassment or stalking that was being pursued and whether it was the right charge in each case. That is a significant point.

I understand why the Minister asks, “Why pull out this particular offence and treat it differently as far as a review is concerned?”. But when discussions were taking place in 2012, there was a strength of feeling about this which led the Government to make the decision that they did. It is understandable that, having partially achieved what was wanted—namely, it is in legislation—the next part is to see whether anything is being done with that legislation.

We will want to reflect on what the Minister said before deciding whether to pursue this at a later stage of our discussions on the Bill. I beg leave to withdraw the amendment.

Amendment 56YF withdrawn.