Riot Compensation Bill

Debate between Lord Scott of Foscote and Lord Taylor of Holbeach

Tuesday 22nd March 2016 Lords Chamber

[Lord Scott of Foscote (CB)]

My Lords, I apologise for raising a point on the Bill at such a late stage. In justification, I read the Bill for the first time this morning. Clause 8(1) states:

“If the decision-maker decides that a claim is valid, the decision-maker must then decide the amount of compensation, up to a maximum of £1 million per claim (the ‘compensation cap’)”.

However, Clause 8(9) states:

“The Secretary of State may by regulations change the amount of the compensation cap for the time being specified in subsection (1)”.

So regulations can change the amount of the cap. That plainly leaves it open to the Secretary of State to increase the cap or reduce it, as the case may be. What troubles me a little is that a possible reduction in the cap might make difficulties in relation to claims for compensation that have not come to fruition, are still in the pipeline and undecided. Would a reduction in the compensation cap affect such claims? I raised this point with the noble Lord, Lord Bates, to whom I am grateful for his assistance, and the noble Lord, Lord Trefgarne, the sponsor of the Bill.

The consequence has been that the Minister has had a discussion with Home Office legal advisers, and four points have been made, which I think should be placed on the record, because they will be of assistance in construing this Bill and deciding what effect it should have.

[Lord Taylor of Holbeach (Con)]

My Lords, there is a Motion before the House that this Bill should now pass. This is a formality of the House and I do not believe that there is a substantive case from the noble and learned Lord, who said that he only read the Bill this morning, when it has been before the House and has been properly dealt with by it, or that he should be intervening in this way. I propose that the House consider the Motion that is before it.

Police and Criminal Evidence Act 1984 (Armed Forces) (Amendment) Order 2012

Debate between Lord Scott of Foscote and Lord Taylor of Holbeach

Wednesday 5th December 2012 Lords Chamber

[Lord Taylor of Holbeach]

I thank the noble Lord.

Perhaps I may begin by saying that the Government are deeply committed to protecting the privacy and human rights of its citizens. At the same time, they are committed to maintaining an effective and powerful database that protects the public and reduces crime. To this end, as noble Lords have pointed out, they introduced the Protection of Freedoms Act to ensure that innocent people’s DNA and fingerprints are no longer held on databases.

As my noble friend Lord Palmer of Childs Hill pointed out, this is a complex matter, and so to get it right involves quite a lot of technical application and detail. I have been much engaged, in my short time in the Home Office, in trying to make sure that this is all in place. I am pleased to be able to say that the preparatory work required before implementing the Act is substantially complete. I have now received advice on the timelines of the implementation of the Act, and will announce the full details of this to the House within the next few days by way of a Written Ministerial Statement. However, it may help the House if I give some indication of the detail involved.

We anticipate that the elimination of the estimated 6 million DNA samples covered by the provisions of the Protection of Freedoms Act will begin this month, and will be completed by the end of May 2013. All other material covered by these provisions will be destroyed by the end of September 2013. As I say, I will be able to give fuller details of schedules to noble Lords in a Written Ministerial Statement which I expect will be made in the next few days.

There has been some confusion because this interim statutory instrument, laid by my noble friend and tabled through the Ministry of Defence, appears to contradict the thrust of government policy by extending the period of DNA retention. However, this is an interim measure, and I hope to be able to reassure my noble friend Lord Goodlad, whose work in scrutinising this legislation has perhaps prompted the noble and learned Lord, Lord Scott, to bring this Motion to the House. I hope to be able to assure him that a further statutory instrument in consequence of the commencement of these provisions will be tabled by the Ministry of Defence to bring its police powers in line with civil police powers.

I hope that noble Lords can see that this particular debate occurs at a critical point in the process. Over the next few months we will see the Government’s commitment translated into action by the destruction of this material, which is held on innocent people and should not be in the hands of government. With that, I hope that the noble and learned Lord will be able to withdraw his Motion.

[Lord Scott of Foscote]

My Lords, I am grateful to the Minister, to the noble Lord, Lord Rosser, and to noble Lords who have spoken on this Motion.

One matter that I should have mentioned, and forgot to mention when I addressed the House a few moments ago, was that following the decision of the Strasbourg court in 2008, the then Labour Administration reacted, as a preliminary, by ordering the destruction of all data held relating to children under 10. That reaction was immediate, and the White Paper was produced shortly after that, indicating the reformulation of the guidelines to the use of the power contained in the 1984 Act, as amended.

In view of the statement made by the Minister, the purpose of my Motion has—as far as I am concerned—been achieved, and so I ask the leave of the House to withdraw it.