Licensing Act 2003 (Coronation Licensing Hours) Order 2023

Lord Sharpe of Epsom Excerpts

Monday 24th April 2023 Lords Chamber

Moved by

[Lord Sharpe of Epsom]

That the draft Order laid before the House on 6 March be approved. Considered in Grand Committee on 19 April.

Motion agreed.

Chinese Police Stations in the UK

Lord Sharpe of Epsom Excerpts

Thursday 20th April 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, yesterday in the Times newspaper there was a report into a Chinese businessman with links to an alleged Chinese secret police station in Croydon. This report raises serious questions about national security. This businessman, who has attended Chinese Communist Party political conferences, has also attended organised Conservative Party fundraising dinners and other events involving former Conservative Prime Ministers. Although we have raised this issue here before, after police stations were reportedly uncovered in Hendon, Glasgow and Croydon, we have received no update. Meanwhile, operations in New York and the Netherlands have taken action against Chinese police operations, and the Canadian and German Governments have expressed concern about operations in their countries.

Here, we have to contend with the additional dimension that one individual who has been linked to an operation here has links with the Conservative Party and has met Ministers. We know that the director-general of MI5 has warned that Chinese authorities are attempting to exert influence over our political system. Can the Minister tell us the extent of the contact this individual has had with Ministers? What action are the Government taking to look into this role within the Conservative Party and the involvement he has had with the Government? Have any other individuals connected with these operations been identified, and are their similar concerns about them seeking to influence British politics?

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

My Lords, I share the noble Lord’s concern about this threat to our democracy, but as the Security Minister said in a previous Statement on this matter in November last year, investigations are still ongoing and it would be inappropriate for me to comment any further on operational matters, as to do so could obviously jeopardise future prosecutions.

However, I take this opportunity to reassure the House of the Government’s resolve to protect every community in this country from transnational repression. As regards the internal party aspects of this, it is my understanding—and if I am wrong, I will obviously come back to correct myself—that this individual was prominent in a particular Chinese organisation within the Cities of London and Westminster. Beyond that, I do not think he had any involvement or contact with Ministers, and, as all noble Lords around the House know, prominent politicians are featured in photographs with very many people, most of whom they will not know.

[Lord Wallace of Saltaire (LD)]

My Lords, I recognise that it is difficult to comment on this immediate case. Therefore, I raise some slightly wider questions. China is not the only authoritarian state which attempts to catch up with and influence its nationals here. We all recall the occasion when a member of the royal family of one of the Gulf states was taken off the streets in Cambridge and taken back to the Gulf states. Can the Minister assure us that other states and their behaviour in Britain—including some with whom we are relatively closely allied, such as the Gulf states—are also in scope and that the Government are concerned about that?

Secondly, universities have a particularly sensitive role here—I speak as a former academic. Last year, one vice-chancellor told me that his biggest single problem in maintaining free speech in his university was keeping the peace between his Hong Kong students and his Chinese mainland students. I put that down as a marker for further discussion. The Defending Democracy Taskforce was mentioned several times in discussion in the other place yesterday. I tried to find out exactly what it is covering, how far it is intended to have some cross-party representation and what its plans are. It is very difficult to find out whether it really exists, how often it meets, what it is doing and what its strategy is. At a later stage, could the Minister’s department communicate to some of us what the Defending Democracy Taskforce’s intentions are?

[Lord Sharpe of Epsom (Con)]

The noble Lord raises a couple of very good points. Obviously, any attempt to coerce, intimidate or illegally repatriate any individual will not be tolerated; it does not matter where they are from. The Higher Education (Freedom of Speech) Bill and the National Security Bill both contain provisions to ensure that universities have the tools they need to deal with interference and threats to academic freedom. The noble Lord is quite right to draw the House’s attention to the Defending Democracy Taskforce, which my right honourable friend the Security Minister introduced in the other House in November last year. He has been asked for updates; I have not seen him since those were asked for, but I will make sure that the representations from this House, as well as the other place, are understood. I can also commit that higher education falls within the remit and scope of the Defending Democracy Taskforce, so there will be more to be said on that matter. Noble Lords will also appreciate that there are a number of other areas, including, as I said, the National Security Bill, where we will tighten up our ability to respond to some of these issues.

[Lord Deben (Con)]

Does my noble friend accept that in a democracy, it is very important that Ministers and Members of Parliament are available to the public as a whole, and it would be a great sadness if this kind of allegation, proven or unproven, becomes a way to ensure that people are unable to reach to the heart of government, as they ought? I hope the Government will continue to state that those who are malefactors should of course be prosecuted with great urgency; but it is very important that those who merely wish to get people in government to understand what is happening in the world—frankly, it is not always obvious that the Government know that—should have access.

[Lord Sharpe of Epsom (Con)]

I agree with my noble friend. As I said earlier, it is very difficult for any prominent politician of any party, within or outside government, to know precisely who is appearing in a selfie with them. We should be very cognisant of that fact. I also agree that if subsequent bad behaviour, illegal behaviour, is discovered, whatever it may be, the full force of the law should be brought to bear.

[Lord Anderson of Swansea (Lab)]

My Lords, I concede that the investigation is at an early stage, but is it the Government’s working assumption that this phenomenon is not confined to Croydon and there are other such so-called police stations around the country—looking particularly, I would guess, at Chinese students in the UK?

[Lord Sharpe of Epsom (Con)]

My Lords, again, it is difficult for me to comment on ongoing matters, but the noble Lord on the Opposition Front Bench mentioned a couple of other police stations that have been aired in the public domain in the past, so yes, it is fair to say that there is more than just one.

[Lord Hannan of Kingsclere (Con)]

My Lords the advance of autocracy in China since 2012 has been vertiginous. We have seen the creation of a panopticon state where face recognition and location technology are fused to follow and monitor every citizen, and where big online platforms such as Alibaba, Weibo and Tencent both proselytise for the regime and spy on its behalf. Although we often talk of it as Orwellian, I think a better metaphor would come from Huxley, in the sense that even when Chinese students in western universities are put in a place where they do not have censors and firewalls to worry about, they still tend not to look at “dangerous” websites. Will my noble friend confirm that one thing we can do to promote democracy in China is to support the China where democracy and freedom have advanced, especially since the 1990s, namely, Taiwan: a China on the doorstep of red China which shares its language and culture but rejects its totalitarianism?

[Lord Sharpe of Epsom (Con)]

My noble friend asks a very good question. The UK’s long-standing policy on Taiwan has not changed: we have no diplomatic relations with Taiwan but a strong unofficial relationship which is based, as my noble friend said, on deep and growing ties in a wide range of areas and is certainly underpinned by shared democratic values.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, can the Minister give more details about the situation in Glasgow? Scottish universities are taking in students from China to raise income because there are no fees from Scottish students, and some strange people from China may be getting in under the guise of being students. The Scottish Government have a very strange contract with a Chinese company that is causing grave concern among the public in Scotland. The Scottish Government have been trying to take a greater role in foreign affairs, without the kind of support that the Home Office and Foreign Office have from our intelligence agencies. Can the Minister give an undertaking that the UK Government will talk to the appropriate Scottish Ministers about this issue and make sure that they are dealing with it efficiently and safely?

[Lord Sharpe of Epsom (Con)]

The noble Lord will appreciate, as I said before, that I am unable to comment on ongoing operational matters and investigations. I listened carefully to what he said, and rather than make that commitment regarding the devolved Administration myself, I will certainly ensure that my noble friend Lord Offord is aware of his concerns and suggest that he looks into them.

Machetes: Consultation

Lord Sharpe of Epsom Excerpts

Wednesday 19th April 2023 Lords Chamber

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

My Lords, I thank both noble Lords for their contributions. Before I answer the specific questions that have been asked of me, I would like to go back to the statistics, as the noble Lord, Lord Coaker, brought the subject up.

I will preface my remarks on statistics by saying that it is a very dry subject. It is uncomfortable, frankly, talking about statistics, because behind every single one there is a life lost, a life ruined, families ruined and all the rest of it. So I want to make it very clear that, while trends are improving—I am afraid I will contradict some of the noble Lord’s statistics—none the less I recognise that lives have been ruined, and that is very much the case behind all these statistics.

The latest police recorded crime figures, published by the ONS in January for the year ending September 2022, show that knife-enabled crime recorded by the police in that year remained 8% lower than the pre-coronavirus pandemic levels for the year ending March 2020. Levels of knife-enabled crime fell to 45,595 offences in the year ending September 2021 because of government restrictions on social contact. Levels increased by 11% in the year ending September 2022 but were still below pre-coronavirus levels.

Police-recorded possession of an article with a blade or point offences were higher in the year ending September 2022 than the year ending March 2020. There was a 17% increase compared with the year ending September 2021. That was partly influenced by increases in targeted police action to tackle knife crime.

Of all recorded homicides in the year ending September 2022, the proportion of homicides where a knife or sharp instrument was the method of killing was 39%. That was similar to the year ending March 2020 and a slight decrease compared with the year ending September 2021. The current homicide level is 8% below the pre-pandemic level. The latest ONS crime statistics showed a 2% rise in homicide in the year ending September 2022.

My right honourable friend the Minister for Policing in the other place pointed out that perhaps some of the most pertinent data relates to provisional admissions to NHS hospitals in England and Wales for the year to September 2022. It shows that admissions for assault by a sharp object for under-25s were 11% lower than the year to September 2021. The number of admissions was 20% lower in the year ending September 2022. The latest provisional data shows that admissions for assault with a sharp object for all ages are 5% lower.

As I say, I appreciate that these are very dry statistics. My right honourable friend in the other place also reported that the Crime Survey for England and Wales pointed out that violent crime reduced by 38% from 2010 up to September 2022. So I would suggest that it is not quite the picture that was painted. That is not to say that there is not more to do; that is the point of this consultation.

I agree with both noble Lords that obviously something needs to be done about these types of knives. The police tell us that they are increasingly seeing machetes on the streets, in particular the types of machetes that we intend to ban. Obviously, when particularly large knives and machetes are used, this creates great distress and alarm, not only for the victim but for the wider community. The people wielding these weapons aim to terrorise their victims and onlookers and clearly that cannot go on.

We are taking action on several fronts. Banning these machetes and knives will remove the types of weapons which appeal to the criminals. At the same time, we are increasing the maximum penalty for the offence of importing, selling and manufacturing these items. We want to send a very clear message that the industry should behave more responsibly.

Of course, it is important to balance concerns about public safety with the right for individuals to own and use the tools that they need for their jobs and pastimes. The vast majority of people who own and use knives and machetes do so responsibly, so we believe that the ban should be targeted at those types of machetes and large knives which appear to have been designed to look intimidating and which, frankly, have no practical purpose. We will remove types of weapons which will appeal to criminals.

That is the background to the consultation, which, as noble Lords know, will be of relatively brief duration. It will last for seven weeks until 6 June.

On the other actions that the Government have taken, it is unfair to say that nothing has been done despite various former Home Secretaries’ statements. I will go through a list of some of the things that are yielding very positive results. For example, we have talked previously in this House about violence reduction units and Grip; £170 million has been invested in violence reduction units since 2019, and it estimated that they have prevented 136,000 offences taking place in the 20 pilot areas. Noble Lords will be aware, I hope, that serious violence reduction orders are being piloted as of yesterday. The pilot for KCPOs—knife crime prevention orders—concluded at the end of March. The data is being evaluated by the Metropolitan Police and, I believe, University College London, and we expect to hear more fairly soon.

Both noble Lords raised the subject of police numbers. The official announcement on the police uplift programme will be made next week and I am not going to pre-empt it. What I can say, and my right honourable friend in the other place also mentioned this, is that, for example, the Metropolitan Police currently has 35,000 members and that is the largest number on record that it has ever had.

While we are on the subject of the Metropolitan Police, I appreciate the points that the noble Baroness raised about neighbourhood policing. They are perfectly pertinent. Of course, it remains an operational matter and something that should be determined between chief constables and their elected police and crime commissioners. My right honourable friend in the other place has had conversations with the commissioner, Sir Mark Rowley, about this, and he has said that he intends to place emphasis on neighbourhood policing. Again, my right honourable friend in the other place spent some time with a sergeant in Brixton, in Lambeth, and he confirmed that the number of neighbourhood policing units across the three wards he looked after had gone up already. I hope that that trend continues across other forces, because clearly it makes a major difference.

As regards the retail of such things, as noble Lords have pointed out, currently there is a voluntary agreement with major retailers on the responsible sale of knives, and that has been in place since 2016. I will not go into more detail on that because it is reasonably well understood. I am reassured that the Online Safety Bill that was discussed in this House earlier today deals with some of the online issues. Again, I appreciate that, as it stands, some of these things are readily available online. But it is an offence to sell a prohibited article. That applies particularly to the age-verification and under-18s situation. I appreciate it is probably very difficult for retailers to reassure themselves about these matters, but it needs to happen.

With regard to other aspects of the Government’s work, a significant amount of money is going into the youth endowment fund. Stop and search, a subject of some contention in your Lordships’ House, has removed 90,000 knives since 2019. The Met reports that it is removing some 350 to 400 knives a month. We are starting the offensive weapons homicide reviews. I agree that there are loopholes and they need to be closed. That is the point of this consultation. We need to act reasonably swiftly, although in a proportionate way, to remove these things. That is why the consultation is taking place as it is and is only seven weeks in duration, and I hope that I will be able to return to your Lordships’ House reasonably soon with some very good news on this subject.

House adjourned 8.12 pm.

Licensing Act 2003 (Coronation Licensing Hours) Order 2023

Lord Sharpe of Epsom Excerpts

Wednesday 19th April 2023 Grand Committee

Moved by

[Lord Sharpe of Epsom]

That the Grand Committee do consider the Licensing Act 2003 (Coronation Licensing Hours) Order 2023.

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

My Lords, I am before the Committee today to propose the extension of licensing hours in recognition of His Majesty the King’s Coronation. I ask your Lordships to support the order to extend licensing hours on Friday 5 May, Saturday 6 May and Sunday 7 May.

Section 172 of the Licensing Act 2003 allows the Secretary of State to make an order relaxing opening hours for licensed premises to mark occasions of

“exceptional international, national, or local significance”.

The Government consider the Coronation to be such an occasion. This will be a period in which we celebrate our new monarch. I am sure many people will want to gather with their family and friends to raise a glass to His Majesty the King and wish him a long and successful reign.

The extension will apply to premises licences and club premises certificates in England and Wales, which license the sale of alcohol for consumption on the premises. These premises will be allowed to remain open until 1 am without having to notify the licensing authority via a temporary event notice, as would usually be the case. The order covers only sales for consumption on the premises after 11 pm. It does not cover premises which sell alcohol only for consumption off the premises, such as off-licences and supermarkets.

Premises that are licensed to provide regulated entertainment will be able to do so until 1 am on the nights covered by the order, even where those premises are not licensed to sell alcohol. This includes, for example, venues holding music events or dances as well as theatres and cinemas. Premises which provide late-night refreshment —the supply of hot food or hot drinks to the public—between 11 pm and 5 am but do not sell alcohol for consumption on the premises will not be covered by the order; such premises will be able to provide late-night refreshment until 1 am only if their existing licence already permits this.

The Home Office conducted a public consultation, which ran from 19 December 2022 to 23 January 2023. The majority of respondents agreed with the extension on the three proposed dates and that it should apply to England and Wales. The consultation also received responses from numerous trade organisations, which were supportive of the extension of licensing hours. The National Police Chiefs’ Council and the Local Government Association were both in agreement with the proposed extension to licensing hours for His Majesty the King’s Coronation.

I would therefore greatly welcome the Committee’s support for this measure to help celebrate a special and historic moment in our national history. I commend the draft order to the Committee. Mine’s a pint, God save the King and I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I warmly welcome this order. This is a very appropriate opportunity to raise a glass in the way that my noble friend suggested. We looked very closely at the issuing of licences under the original ad hoc committee on the Licensing Act 2003 and the follow-up inquiry and continue to take a close interest in that.

I am not suggesting that it should be extended, but what is the thinking behind applying the extension to three days only and not to the bank holiday Monday?

If I have understood correctly, the fee has been kept at £21. That is very welcome, as it is mindful of the constraints under which the licensed premises operate. One reason why this is an excellent idea is to recognise what a hard time our hospitality sector has had coming out of Covid.

I think all of us look forward to supporting the industry in this way to the best of our ability—within moderation, obviously.

--- Later in debate ---

[Lord Coaker (Lab)]

My Lords, we too support these sensible measures. The Minister was right in his helpful opening comments to say that the Government are seeking to help people support a hugely significant national event. We warmly welcome the proposals that the Government have brought forward and thank the Minister for them.

On the consultation, I take the general point about health and alcohol, but on this specific occasion the key for me was to look at what the Local Government Association and the National Police Chiefs’ Council said. My understanding, from looking at the Explanatory Memorandum, is that both those organisations were in favour. I take the more general point that the noble Lord made, but on this specific proposal for the weekend of celebration, this is one of those occasions when we can perhaps understand the health risks but allow people to celebrate.

I have a couple of points. First, can the Minister clarify the position of village halls? You can imagine a circumstance where, in a rural village, somebody decides that the village hall would be a good place to have a celebration. I know village halls that just apply to the local authority and off it goes. Are they covered, or will they need an alcohol licence to not be excluded? I am not sure that some of the village halls and community centres often used on special occasions would have the necessary licences, so can the Minister clarify that point?

Secondly, this applies to England and Wales, but can the Minister say something about Scotland and Northern Ireland, particularly with reference to the border? There are other points about that, but I will leave it to the Minister to comment on what has happened with that.

Having said that, we warmly welcome this very good thing to do to celebrate a significant and historic occasion.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank noble Lords very much for taking part in this brief debate. I am greatly reassured by the broad consensus that His Majesty the King’s Coronation is an occasion of national significance for the purposes of Section 172 of the Licensing Act 2003.

I join my noble friend Lady McIntosh in welcoming a measure that ought to provide some relief to an industry which has been very hard-pressed over the last few years, and I hope that the industry is in a position to make the most of it.

On the points raised by the noble Lord, Lord Rennard, I do not have much input in the design of consultations. However, I have heard his points and I will certainly take them back with a view to come back to the issue in more detail in future consultations—there is not much point in raking over the dust on this one.

I think that the noble Lord, Lord Coaker, answered the question of why the order falls within the responsibility of the Home Office, as opposed to the Department of Health, rather better than I probably will. This is very much a subject of interest to the police and local government. It is obviously a relatively short extension and therefore the public order considerations are probably rather more paramount under these special circumstances than the health ones—which is not in any way to diminish the longer-term health effects that we all know that alcohol can have.

On the question from the noble Lord, Lord Coaker, on village halls, I reiterate that the order allows regulated entertainment to continue from 11 pm on Friday, Saturday and Sunday until 1 am the following morning only where a premises licence is already in place.

My noble friend Lady McIntosh asked why Monday is not included. I expect that she will be out until 1 am on the Sunday, so I am amazed—and impressed, if I may say—by her resilience in wanting to get out back on the lash on the Monday. Of course, the following day is a workday, so I look forward to seeing her bright and breezy on the Tuesday morning.

I turn to Northern Ireland and Scotland. In the case of Northern Ireland, this is a devolved issue, and, as I understand it, the Northern Irish Government have chosen not to pursue it. In Scotland, this is matter for local councils to decide. In answer to the question as to whether police forces were consulted, I can say that individual forces were not, but the National Police Chiefs’ Council was, and, as I stated in my opening remarks, it is content with the arrangements as they sit. I really cannot say whether or not the process with local councils in Scotland has concluded, but it is a local matter.

With that, I commend the order to the Committee.

Motion agreed.

Hong Kong Military Veterans: Settlement

Lord Sharpe of Epsom Excerpts

Wednesday 29th March 2023 Lords Chamber

[Lord Craig of Radley]

To ask His Majesty’s Government, further to the Written Answer by Lord Murray of Blidworth on 22 January (HL4546), when they will decide whether to grant Hong Kong military service veterans entitlement to British citizens passports and right of abode in the United Kingdom.

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

My Lords, I am pleased to confirm that, from this autumn, eligible Hong Kong veterans and family members will be able to apply for settlement. Settlement allows people to live and work in the United Kingdom without restriction. They would then be able to apply to naturalise as British citizens after living in the UK for five years.

I hope your Lordships will indulge me in a slightly longer Answer than usual, because I would like to pay tribute to the noble and gallant Lord, Lord Craig, and my honourable friend Andrew Rosindell MP, for ensuring that Parliament rightly debated what support should be granted to Hong Kong veterans and for holding us to account on progressing to a reasonable solution. I also pay tribute to Mr Roger Ching and the Hong Kong Military Service Corps Association for their campaigning on this issue. I express my gratitude to every Hong Kong veteran who has served in the British Armed Forces, and I am delighted that this announcement recognises their service.

[Lord Craig of Radley (CB)]

My Lords, I thank the Minister for that announcement. Veterans of the Hong Kong Military Service Corps are watching live at this very moment. Does the Minister recall that this issue was first raised in January 1986, over 37 years ago? It would fit in the Guinness book of records as one of the slow-lane bureaucracies of this House. Will the Home Office now respond to the 63 applications that I forwarded on behalf of the Hong Kong Military Service Corps in March 2020? If a new form is required, when will it be available for new applications?

[Lord Sharpe of Epsom (Con)]

I thank the noble and gallant Lord. Of course, in 1997, 50,000 heads of household and their families were granted British citizenship. That number included all commissioned officers in the Hong Kong Military Service Corps and all but 100 commissioned officers, as well as 500 of other ranks, serving with the Royal Navy. I was under the impression that the noble and gallant Lord had written 64 letters; I believe they were asking for right of abode. All applications for citizenship or visas need to be made to UK Visas and Immigration through the relevant form. That form will be available in the autumn, via GOV.UK.

[Lord Geddes (Con)]

My Lords, far be it for me to trump the noble and gallant Lord, but is my noble friend aware that, over 40 years ago, on Report for the British Nationality Bill in 1981, the nomenclature for those relevant was changed to “British Dependent Territories citizen” after 100 amendments were accepted by the Government? Did this not presage today’s excellent announcement?

[Lord Sharpe of Epsom (Con)]

I was not aware of that, but I am delighted that my noble friend was so successful in his campaign all those years ago, and it is certainly worth remembering now.

[Baroness Smith of Newnham (LD)]

My Lords, when these issues were first raised, I was still at school. Why has it taken His Majesty’s Government so long to do right by the Hong Kong veterans? In the light of the Statement made yesterday by the right honourable Johnny Mercer about the Afghan refugees, will the Minister commit to the idea that those who have worked shoulder to shoulder with the United Kingdom in Afghanistan, putting their lives at risk, will not be kept waiting for 37 years for us to do right by them?

[Lord Sharpe of Epsom (Con)]

My Lords, the Hong Kong Military Service Corps Association has been running this campaign since 2012. Of course, the noble Baroness’s party was part of the Government for part of that time.

On ARAP, we are continuing to support the movement of eligible people out of Afghanistan and into the safety of third countries ahead of onward movement to the UK. That work is ongoing. There are currently just over 1,150 cases in third countries, of which a significant proportion are in Pakistan, being looked after by the British high commission in Islamabad. I very much hope that that fact, and the lack of availability of appropriate housing, are taken into account during the debates on forthcoming Bills.

[Lord Lancaster of Kimbolton (Con)]

My Lords, it is right that we should congratulate those who have driven this forward. It is nearly 35 years since my noble friend and I served together in Hong Kong, he as an inspector in the Royal Hong Kong Police and I as an officer in the Queen’s Gurkha Engineers. We served with these volunteers, and I am delighted by today’s news.

To answer the noble Baroness’s question on why this is finally being done today, the drive of my noble friend has pushed it through. The House should congratulate him on making sure that it has happened. I ask my noble friend one further question: how many are we anticipating will apply, and can we ensure that it is done as quickly as possible?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for those warm words. He is quite right: we met 35 years ago in a small place called Tsim Bei Tsui. Luckily, we have aged so well that we recognised each other immediately.

The estimated number is difficult to arrive at because records were not particularly well kept back in those days. However, the Hong Kong Military Service Corps Association estimates about 1,000 people, which includes dependants. As I said, forms will be available in the autumn. To forestall muttering of “Why so long?”, I am afraid that it is because the necessary changes to the Immigration Rules have to be made first before this can be put into action. Applications will need to be made online at GOV.UK.

[Lord Coaker (Lab)]

My Lords, I join the Government and others in welcoming the statement that the Minister has made today. I congratulate the noble and gallant Lord, Lord Craig, and I join the noble Lord, Lord Lancaster, in pointing out that I know how much this means to the Minister, from his experience. He deserves a lot of congratulation on this. As we go forward, will the Government ensure that we can have clarity in the statement around terms such as “eligibility” and “families”?

[Lord Sharpe of Epsom (Con)]

I thank the noble Lord very much for his warm words. I guarantee that we will commit to providing the clarity he seeks in due course.

[Lord Bellingham (Con)]

My Lords, is it also fitting, 41 years on, that we honour those 50 or so Hong Kong veterans who fought in the Falklands War?

[Lord Sharpe of Epsom (Con)]

My noble friend makes a very good point. Yes, absolutely.

[Lord Hay of Ballyore (DUP)]

My Lords, I will raise an issue that I think was raised when I was at school too. Does the Home Office have any plans to address the long-standing issue that exists whereby UK residents, voters and taxpayers born in the Irish Republic who have lived for many years in Northern Ireland and made it their home do not have an automatic right to a British passport without going through a long and winding process, including paying a substantial fee of £1,300? This was first raised in the other House in 1985. The Government seem reluctant to deal with this issue.

[Lord Sharpe of Epsom (Con)]

My Lords, obviously, this goes widely beyond the remit of the Question, so I am afraid that I am unable to answer the noble Lord, but I will make sure that he is written to.

[Lord Harris of Haringey (Lab)]

My Lords, obviously, this is a very welcome announcement. I note what the Minister said about the number of potential applications. We understand why the forms will not be available until the autumn but he also said that the records are not in a very good state. Is he able to say how long the average application will take? Will the Home Office set performance indicators? Will those be reported to this House?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I am unable to give precise details on that but the noble Lord should rest assured that I shall be keeping a watchful eye.

[Lord Flight (Con)]

My Lords, the support for this measure by this House is particularly welcome and encouraging. Soldiers from Hong Kong are different from others in many ways. They have risked their lives to fight for this country for well over 100 years. I too congratulate the Minister on having organised what has been announced.

[Lord Sharpe of Epsom (Con)]

I thank my noble friend very much for that.

[Lord West of Spithead (Lab)]

My Lords, there is no doubt that these people from Hong Kong have fought for us for many years. I had a Chinese laundryman onboard my ship that was sunk in the Falklands. I was very worried that he had lost all his money and everything, with the ship being sunk. If noble Lords will excuse my phraseology, he had stuffed all his cash in a prophylactic that he had stuffed in his belt. I said, “That was very clever of you”. He said, “No, sir, I learned from my father. He was sunk in the Royal Navy in the Second World War”.

[Lord Sharpe of Epsom (Con)]

Once again this proves the industriousness of the people of Hong Kong.

[Lord Davies of Brixton (Lab)]

My Lords, clearly, this is welcome news. Can the Minister say anything about the pensions that these veterans will receive? I should declare an interest: I have advised the Gurkhas on their arrangements and I am aware of the problems there. Will the pensions be commensurate with these veterans’ new situation?

[Lord Sharpe of Epsom (Con)]

My Lords, that strays into another department’s area of responsibility, but I will look into it.

Anti-social Behaviour Action Plan

Lord Sharpe of Epsom Excerpts

Wednesday 29th March 2023 Lords Chamber

[Lord German (LD)]

My Lords, we on these Benches agree with restorative justice, but we have to test this plan against what makes good restorative justice. We know that anti-social behaviour is distressing in communities, and that it leads to a loss of respect for communities. I have a sort of déjà vu, because we saw an experiment of this kind during the Blair Government and I think that this plan has missed some of the lessons learned from that. For a restorative justice system and scheme to be successful, we must recognise that it is complex, expensive and difficult, and it must meet the ambitions of a truly restorative justice programme, which has to include things such as catching the culprits, getting the community view, providing the equipment, providing appropriately qualified supervision and, crucially, incentivising success. It must act not just as a deterrent but as an opportunity.

I will examine some of those issues and question the Minister on them. Catching the culprits requires a shift in policing methodology. It means that we have proper community policing. This is at a time when the number of PCSOs has dramatically declined right across the country, and this is just the sort of job they should be doing. The Government have so far failed to meet their target of 20,000 more police officers, and effective community policing means putting officers on our streets who are both visible and trusted. Beyond that, it means providing the necessary equipment and supervision; think of items to remove graffiti, sacks for the separation of litter and appropriate disposal operations, painting equipment, et cetera.

An experience I saw first hand in the 2000s was the danger of getting larger groups of people to do the same sort of work. I well remember seeing a group of people with hi-vis jackets, doing all the things that are in this plan, painting some railings outside a community hall. There was a minibus full of them, with one person supervising at one end and another person, who was supposed to be painting, on his phone at the other end. It was unclear what support they were getting to ensure that they were doing the job. If you are going to bring the people who are making these acts together, you must make sure they are few enough to be managed well and by the right people.

We think that making nitrous oxide illegal just will not work, especially when it goes against the advice of the Government’s own drugs body. It will hand profit and control to serious criminals. There is a danger here of perhaps confusing the mess that people make when taking this gas with its usage. One of the obvious questions I have to ask the Minister is this: we all know about children, adults as well, and party balloons—the child holds the string, lets go and asks dad for another one, please. These balloons are used on a huge number of occasions all around the country, so we can imagine their purchase becoming a source of usage as well. Is this a case of a perverse incentive or is the Minister going to tell us that children’s balloons will be banned?

I will spend a short moment looking at the costs of a proper restorative justice system and at the way these figures are laid out in the action plan. To look at the extra that is being done—the change from yesterday to today, if you like—we have to look at the sections in the plan headed

“How we will go further”.

I looked at the amounts in the plan and the figures include £50 million on immediate justice measures. How many extra PCSOs, police and supervisors will that money provide? Is that £50 million part of the cost of providing the extra police that is already in the plan to reach the target of 20,000? Is this additional or part of an existing plan?

The £60 million for hotspot enforcement is obviously very welcome, but will it reach the whole country, given where these hotspots are at the moment? If one views the map given in the plan, one sees that it requires a huge effort to spread this right across the country. When will the best practice guides on how they will be operating be published?

Not a penny of extra support for rough sleeping is mentioned. This country dealt with this matter during Covid and had to spend quite a bit of money to make it work, but there is not a single penny of extra money mentioned in that area. Some £2.5 million is given to improve our high streets and £1 million to improve local activities across England and Wales. That is for the full rollout of measures in the next year or so, so the amounts of money given do not seem to fulfil the plan’s aspirations. Can the Minister explain how that money provides sufficient resource for a whole-country rollout, when so much of what is being done already applies to small, discrete areas dotted around the country?

I am drawn to the conclusion that this plan gives the impression of not having all the tools necessary to do the job properly. I am afraid that the Government have put the headline and the soundbite before the true benefits that a well-resourced restorative justice plan can provide.

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

My Lords, I thank the noble Lords, Lord Ponsonby and Lord German, for their remarks. Since taking up office, the Prime Minister has been clear that the people’s priorities are his priorities. That is why, in delivering on his five promises, he is determined to build stronger communities and create a better future for people across the country.

For too long, anti-social behaviour has blighted our neighbourhoods, making people’s lives a misery and stopping businesses and individuals from flourishing. As the noble Lord, Lord Ponsonby, said, this is not just low-level or petty crime, or kids being kids; it is an attack on the very heart of our communities. It threatens people’s sense of safety and security and, as the noble Lord rightly observed, it is a source of anxiety to many members of the public. That is why we have launched this plan to crack down on anti-social behaviour: to restore people’s confidence that these crimes will be quickly and visibly punished. That means treating it with the urgency it deserves.

I will answer as many of the questions as I can. As ever, if I miss any, I will commit to write, having read Hansard properly. We are on track and on time in recruiting 20,000 additional police officers by March 2023. All the funding within this program is additional to that uplift. Assuming we are successful, that will take us to over 148,000 officers across England and Wales. That will be the highest number of officers on record.

Since 2019, the Government have invested over £3 billion, including additional funding each year, and that rolled into government grants to recruit and support the additional 20,000 officers. We are providing police and crime commissioners with £22 million next year, and £90 million in 2024-25, to support an enhanced response to areas most affected by anti-social behaviour and to roll out immediate justice pilots.

However, as the action plan sets out, local authorities and other local agencies will also have a key role to play. We expect local partners to work together to deliver a multiagency approach to tackling anti-social behaviour and delivering the proposals set out in the action plan. I feel I should remind noble Lords that operational policing is a matter for chief constables, and they set operational priorities in their local areas in association and consultation with the police and crime commissioners. Questions about local policing are obviously better directed to those people who are locally accountable.

This plan is backed by over £160 million of funding. Up to £60 million will fund increased police and other uniformed presence to clamp down on this behaviour, including targeting the hotspots, as referred to by the noble Lord, Lord German. Although he did not ask me, I reassure him that this will not impinge on any of the spending that currently goes into the pilot areas for things such as violence reduction units and GRIPs. This method of policing has been proven to work in other areas, and we expect success from the hotspot areas that we will pilot. The intention is for it to go to 10 police force areas.

I move on to the subject of immediate justice. We are planning on investing £50 million to support the provision of immediate justice by issuing out-of-court disposals with conditions to swiftly repair any damage. The aim will be for them to start within 48 hours of the offence. This will start in 10 initial trail-blazer police force areas and be rolled out nationally in 2024.

I heard what the noble Lord, Lord German, had to say on the subject of making this efficient. The Government are aware of all of his concerns. There is no denying that the delivery of this program will be complex, but it is definitely worth doing. It is aimed at diverting offenders away from the criminal justice system and will make them undertake practical, reparative activity to make good the loss or damage sustained by victims. It will be rolled out to all police force areas in 2024-25. The focus will be on reparative activity, but that may be undertaken alongside rehabilitative and restorative services that foster connection with the local community, and educational interventions. It will apply primarily to adults and young people in receipt of conditional cautions for ASB-related offences under the out-of-court disposal framework. I am quite sure that all noble Lords will agree that keeping people out of the criminal justice system as far as possible is a desirable outcome.

The noble Lord, Lord German, asked about banning nitrous oxide and pointed out that, in its recent report, the ACMD did not recommend that we criminalise this. That is true, but we take the broader context into account. There are health concerns with young people using nitrous oxide. As I said at the Dispatch Box a couple of weeks ago, it was an offence under the Psychoactive Substances Act to supply knowing that it would be used for these purposes. This gives the police the opportunity to confiscate or take possession of the drugs. I do not think that there is a particular intention to criminalise the lots of young people who use it. I reassure the noble Lord that his balloons will not be banned—there will be exceptions for legitimate users. We talked about some of those the other week, and they include medical, dental and apparently whipped cream producers—which amused me at the time but did not seem to amuse the House. Everybody should be reassured that this is the right thing to do. I note that the only other country to have criminalised this so far is Holland. The Dutch did so because they discovered that it was having a fairly significant impact on drug-driving. There are good reasons for doing what the Government have chosen to do, despite the advice—which I might add did not say that we should not do it—of the ACMD.

There was a good deal of discussion about youth services, and I will go into a little more detail on some of the things that we are doing. As part of the national youth guarantee, we will invest over £500 million to provide high-quality local youth services so that, by 2025, every young person will have access to regular clubs and activities, adventures away from home and opportunities to volunteer. That directly reflects young people’s priorities, and includes up to 300 new and refurbished youth spaces delivered through the Youth Investment Fund. We are also giving councils the resources they need to deliver important local services, with an additional £3.7 billion, which will not be ring-fenced, made available for things such as youth services. I could say more on this subject, and I am sure that I will be asked more on it.

Finally, the noble Lord, Lord German, asked me about the fact that he could not find any funding dedicated to rough sleeping and high streets. As I said in my opening remarks, this is a multiagency approach and there are many ways to tackle these problems. The high street in particular, and things such as the empty dwellings Act and the tenant Act, do not really require vast amounts of investment; they just require some new thinking, and that is what the Government are doing.

[Lord Ponsonby of Shulbrede (Lab)]

Before the noble Lord sits down, I have a question. When he talked about out-of-court disposals, which we approve of in principle, he used three words: reparative, rehabilitative and restorative. Traditionally, those three things are managed by probation, YOTs, charities or NGOs. On the reparative activity in particular, which, from what the Minister said, is hoped to be done within 48 hours, who will manage that part of the process? It is different from what that group of agencies does at the moment.

[Lord Sharpe of Epsom (Con)]

The noble Lord asks a very good question. I note that none of those three words is easy to pronounce, particularly not at the Dispatch Box. As I said in my answer about the high streets and so on, it is a multiagency approach. A number of different agencies will be involved on a case-by-case basis. It depends on the circumstances of the case. It may be that there are opportunities for drug referrals or maybe other things. I cannot be more specific at this point, but I am sure I will be able to update him in due course on the more precise details.

[Lord Young of Cookham (Con)]

My Lords, like other noble Lords I welcome the Statement, but does my noble friend recognise that there is a connection between absence from school and anti-social behaviour? The figures for the last 12 months indicate that 27% of secondary school children were persistently absent—the “ghost children” we have been reading about recently. As part of the multiagency plan that my noble friend referred to, will he be in touch with the DfE to ensure that more is done to promote school attendance and thereby reduce the risk of children coming into contact with the judicial system?

[Lord Sharpe of Epsom (Con)]

My noble friend raises a very good point. I have read some of the articles about the so-called ghost children with similar alarm and concern. I have spoken to the Department for Education about this; it has asked me to stress that it is worried about these stories as well. Without being an expert on this, I can say that there are three strands to its work. The Secretary of State regularly attends an attendance alliance. I am afraid that I cannot give much more detail about it because I do not know much more about it, but it is very good that the Secretary of State is taking this as seriously as I have been told. Local registers are being set up. They are voluntary. The intention is to collect data on the estimates from local authorities as to how many children are “ghost status”, if you will. We are also using certain specialists that exist in multi-academy trusts. Apparently they are very good at collecting some of this data on missing children and they are advising in areas where there seems to be a particular problem. If I can enhance that answer in any way over the coming days, I will certainly do so.

[The Lord Bishop of Derby]

My Lords, I declare my interest as vice-chair of the Children’s Society. I read the Anti-Social Behaviour Action Plan with real interest. Criminalising young people through tackling anti-social behaviour is counterproductive, not least given the pressures on the criminal justice system. I am therefore pleased to see a focus on preventive work with at-risk and vulnerable children with expanded funding for youth offending teams, for example. Can the Minister commit to look again at a definition of child criminal exploitation that recognises the abuse and manipulation of vulnerable children, which catches them up into what can become quite horrific spirals of crime? Such a definition would offer them greater protection.

[Lord Sharpe of Epsom (Con)]

I take what the right reverend Prelate says very seriously. She raised very interesting points. She will appreciate that it is above my pay grade to commit to look at definitions and so on, but I will certainly take that back and make sure that discussions are advanced on the subject.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I declare my position as a vice-president of the Local Government Association. Paragraph 71 of the Anti-Social Behaviour Action Plan refers to the youth investment fund, which it says is

“investing over £300 million in … new and refurbished facilities”.

Can the Minister confirm a report this afternoon from Civil Society that said that the Department for Culture, Media and Sport has, given the “challenging financial climate”, just given £31 million of what was previously a £380 million capital fund for this programme back to the Treasury? This programme was announced as a £500 million plan in 2019 by the then Chancellor, Sajid Javid. Can the Minister confirm that this is indeed a cut in the provision for this capital programme? Further, can the Minister comment on the fact that local authority spending on youth clubs in 2020-21 was £379 million—a 74% real cut over the previous decade? How will the Government be able to deliver on this plan without youth clubs, which are an important way of involving young people and children in communities, giving them a place to go and a route towards the future?

[Lord Sharpe of Epsom (Con)]

I can neither confirm nor deny the first part of the noble Baroness’s question because I have not seen the report, so I do not have detailed knowledge of the situation to which she refers. I go back to my answer in my initial remarks, which is that 1 million extra hours of youth services are planned under this programme. We will invest over £500 million to provide high-quality local youth services so that, by 2025, every young person will have access to regular clubs and activities, adventures away from home and opportunities to volunteer—the sort of life-enriching stuff that we would probably all take for granted. I hope they make the most of those opportunities.

[Baroness Bennett of Manor Castle (GP)]

My Lords, on a different subject, the Statement refers to cracking down on illegal drugs. This would seem to be entirely going against the advice of the National Police Chiefs’ Council, which in December was recommending the extension nationwide of its very successful schemes piloted in Durham and Thames Valley where, instead of prosecuting users of hard drugs such as heroin, cocaine and ecstasy, users were offered access to addiction services. At that time, when the Government were talking about being harsher on drug users, the Association of Directors of Public Health wrote to the Government to protest at the plan to criminalise the vulnerable and double down on a failed model. Has the war on drugs not clearly failed over decades? Why are the Government not taking advice from experts and the police on the direction of travel on how to deal with what is clearly a huge blight on the lives of individuals and on communities?

[Lord Sharpe of Epsom (Con)]

My Lords, it sounds to me as if the noble Baroness is asking whether we should decriminalise or go in that direction. We have no plans to do so. Our approach on drugs remains clear. We must prevent drug use in our community, support people through treatment and recovery and tackle the supply of illegal drugs. There is a substantial body of scientific and medical evidence to show that controlled drugs are harmful and can damage people’s mental and physical health and our wider communities. The decriminalisation of drugs in the UK would not eliminate the crime committed by the illicit trade, nor would it address the harms associated with drug dependence or the misery it can cause. Of course we take the plight of addicts seriously, and I do not think anything in this anti-social behaviour plan will make life harder for them. The point is to go after the anti-social behaviour; it is about the behaviour, not their plight.

Public Order Bill

Lord Sharpe of Epsom Excerpts

Consideration of Commons amendments
Tuesday 28th March 2023 Lords Chamber

Moved by

[Lord Sharpe of Epsom]

That this House do not insist on its Amendments 6B, 6C, 6D, 6E and 6F to which the Commons have disagreed for their Reason 6G.

6G: Because it is not necessary to amend the stop and search powers contained in Clause 11.

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

My Lords, the Public Order Bill is about giving the police the tools they need to tackle the highly disruptive protest tactics we have seen in recent months which have blocked ambulances, delayed passengers from making important journeys and held the capital to ransom. We have had a fruitful debate over the course of the last few months about the contents of the Bill. Your Lordships have undoubtedly given the Bill the scrutiny the British public want and expect, and important compromises have been made along the way which I hope have satisfied the House. I do not intend to detain noble Lords for longer than necessary by repeating those debates. The British people are fed up with inaction and it is time that the Bill became law.

As your Lordships will be aware, this House voted to amend Clause 11—

“Powers to stop and search without suspicion”—

in a variety of ways. As I explained when those amendments were first considered, we cannot support them. This has been reiterated by the other place, and it is why we have brought Motion A. The amendments, among other things, vary the timescale and authorisation threshold for the powers, thereby creating inconsistency with the Section 60 stop and search powers which the Bill’s measures are modelled on.

I understand the argument put forward by the noble Lord, Lord Coaker, in seeking these changes—that by limiting the scope of the power you can attempt to address the disproportionality attached to it—but as the noble Lord, Lord Hogan-Howe, pointed out during the previous debates, this power “has to be practical”. With respect, I cannot see how not establishing parity with existing Section 60 powers supports that, with the unintended consequence likely to be confusion for the officers who will be using them.

Turning to Motion A1 in the name of the noble Lord, Lord Coaker, which seeks to further alter the Bill’s powers to stop and search without permission, first, I remind the House about the legal framework that already exists for all stop and search powers. Under Section 3.8 of PACE Code A, the code of practice for powers to stop and search, officers have to give their name or identification number, police station to which they are attached and grounds for every search. These criteria are also covered in the “GOWISELY” mnemonic drilled into every officer.

Secondly, concerning the requirement for police forces to establish a charter on the use of powers, it is our view that this would cause unnecessary burden on police forces and officers. Plenty of long-established safeguards already exist for stop and search powers. Additionally, we have supported the National Police Chiefs’ Council in its publication of national guidance on the use of body-worn video. This includes encouraging forces to share footage with external scrutiny groups to support transparency and reflective practice and learning.

On the reporting on the use of stop and search powers, I reassure all noble Lords that the Home Office already publishes an annual statistical bulletin. This outlines in detail the information gathered during each stop and search incident. This reporting will be conducted for the use of the new stop and search powers, both suspicion-led and suspicionless, so I would argue that such a measure is unnecessary.

Finally, on publishing a statement giving reasons for the use of powers, as I said in our last debate, the Government recognise that communication on their use is a fundamental element of building trust and confidence between a force and the community it serves. The majority of forces, including the Metropolitan Police Service, already communicate their Section 60 authorisations, and I know that communities appreciate knowing detail on the geographical area, time limits and justification for the authorisation. Those forces will continue this practice for these new powers. Nevertheless, I recognise the merits that establishing this communication requirement in statute could bring. I commit now, on the Floor of the House, that the Government will amend PACE Code A to require that, where it is operationally practical to do so, forces communicate the extent of the area authorised for the suspicionless stop and search, the duration of an order and the reasons for the order.

The Home Office already publishes an annual statistics bulletin which analyses the data from forces across England and Wales. We will also amend PACE Code A to place data collection within the legislative framework. This will include a breakdown of both suspicion-led and suspicionless searches, cross-referenced with protected characteristics such as age, sex and ethnicity. I hope that will satisfy the noble Lord, Lord Coaker, and—respectfully—persuade him to withdraw Motion A1.

The other place voted to disagree with this House’s previous amendments to Clause 11. This matter has been considered and the other place has expressed its will. I believe it is now time that this Bill becomes law.

Motion A1 (as an amendment to Motion A)

Moved by

--- Later in debate ---

[Lord Dear (CB)]

My Lords, I had not intended to speak in this debate today, but I find myself totally in agreement with the noble Lord, Lord Coaker, and with the last remark about Lord Scarman. I worked very closely with him in 1981 and after that and agreed wholeheartedly with his findings then. They are still good today.

The noble Baroness, Lady Meacher, spoke very eloquently and I found myself nodding all the way through her speech. I agree entirely with what she said and will not weary this House by repeating those very wise words, save to say that I think that this is the wrong time for this projected policy. What we need now is temperate and measured policing and this is not going to help that. I support the noble Lord, Lord Coaker.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank all noble Lords for another fruitful debate. As I said at the beginning, this Bill has undoubtedly been given the scrutiny the British public want and expect.

Before I go on to more substantive remarks, I should say that I fully support the Casey report. The Government and the Met Police have taken this report very seriously. Guidance on the use of stop and search is statutory and is set out in PACE. It is the law. That is the place for it, as the noble Lord, Lord Hogan-Howe, pointed out, if nothing else to ensure consistency. There are safeguards and considerable scrutiny of stop and search and I will come back to that.

The noble Lord, Lord Coaker, and others will no doubt accuse me of semantics but as my noble friend Lord Sandhurst reminded us, these powers relate to serious disruption—ambulances should not be stopped from getting to hospital, as the leader of the Opposition has pointed out in the past.

On the comments from the noble Lord, Lord Paddick, about the effectiveness of stop and search, I was reminded of a pack that I still have in my folder. I was giving some statistics yesterday, and every knife seized through stop and search, I think, is a potential life saved. In 2021-22, stop and search removed around 14,900 weapons and firearms from our streets and resulted in almost 67,000 arrests. I appreciate that we are on a slightly different subject, but none the less this is an important and powerful illustration that, used appropriately, stop and search can work.

Recent protests have been clear in their aim of causing as much disruption as possible through the use of guerrilla tactics. These measures give the police the proactive powers necessary to respond to those dangerous and disruptive tactics quickly. We will work closely with our partners in the police to ensure that they have the support and resources in place to use these powers.

I have heard what the House has said about the potential disproportionality involved in this and we acknowledge that nobody should be stopped and searched because of their race. Extensive safeguards such as the statutory codes of practice to which I have referred and the use of body-worn video exist to ensure that this does not happen. The Home Office publishes extensive data on police use of stop and search in the interest of transparency and we will expand the publication to the use of the new powers provided for in this Bill, as I have already outlined.

I referred to GOWISELY earlier, which is a mnemonic. This follows, and frankly supports, many of the recommendations from the noble Baroness, Lady Casey. I will go through them. The G stands for grounds for the search. These are the minimum bits of information which should be given to the person detained for the purpose of the search. O stands for the object of the search. W is for the warrant card to be shown to the person searched. I is for the identity of the officer—that is usually the officer’s name unless the officer thinks that giving their name would put them in danger, in which case an identification number can be given. S is the station to which the officer is attached. E is the entitlement to a copy of the search form. L is the legal search power being exercised. Y means that you, the officer, must tell the person stopped that they are being detained for the purpose of the search.

The noble Lord, Lord Morgan, referred to the situation in Paris. As I understand it, much of that is a consequence of the activities of the gendarmerie, which is not a police force with any equivalent in this country.

--- Later in debate ---

[Lord Baker of Dorking (Con)]

Would the Minister answer a question? In a situation where there is a protest preventing traffic, which is very grave and serious, and there are two people young people involved in it, if the police decided to use their power to strip and search, what would they expect to find on those two young people?

[Lord Sharpe of Epsom (Con)]

My Lords, we are debating stop and search. I am not quite sure where strip and search came into this, I am sorry.

[Baroness McIntosh of Hudnall (Lab)]

With respect to the Minister, that was not an entirely adequate answer. He was probably quite clear on what the noble Lord, Lord Baker, was asking him.

That said, the Minister has relied very heavily in what he has said to the House this afternoon on existing protocols that the police are expected to use. We have just been told through the Casey report, using very recent evidence, that those protocols are substantially ignored by the police. Does he have an answer for that?

[Lord Sharpe of Epsom (Con)]

I apologise if I misunderstood my noble friend. I was basing my answer on the fact that a report was published yesterday by the Children’s Commissioner that specifically related to young people and strip search. If I misunderstood, I apologise. With regard to stop and search, I would argue that all the criteria for establishing the cordon and the area and so on would mean that the circumstances described by my noble friend would be highly unlikely.

With regard to the Casey report, as I have already said, both the Government and the Met police are taking it very seriously. These are rules that we expect to be followed.

[Lord Coaker (Lab)]

My Lords, I thank the Minister for his response and also thank all noble Lords who have participated in this further discussion between us on this incredibly important matter. For the avoidance of doubt, I will be testing the opinion of the House on my amending Motion A1.

At the very beginning, I said to the Minister that one of the things he would do in his remarks was send up smoke. What did he do in his reply? He sent up smoke. What on earth has praying in aid that 14,900 weapons were seized under existing legislation got to do with the legislation we are currently debating? I am delighted that 14,900 weapons have been seized under stop and search powers—as every single Member in this Chamber will be—but they are nothing to do with suspicionless stop and search under Clause 11; I guess they are probably to do either with stop and search with reasonable suspicion, or with Section 60 suspicionless powers, where needed. I said that I support those powers, and I suspect that nearly everybody, if not everybody, here supports them. What I object to, and what is wrong, is using that to somehow speak against my amendments, because it is irrelevant: we are talking not about weapons or terrorism but about protests and using suspicionless stop and search with respect to protests.

I say to the noble Lord, Lord Sandhurst, that we lost the debate about taking Clause 11 out: it is in the Bill. So the things that he wants to do—confiscate without suspicion various objects that are used for protest—are not what this debate is about: people continue to be able to do that. We lost that debate: we agreed it here, but it was put back in in the other place, and, given that we respect the will of the elected House, I revised what we were doing to seek to mitigate. That is what my amendment seeks to do: to mitigate this further. It does not stop it in any way.

However, I say to the noble Lord, Lord Sandhurst, that the bigger problem is that the police do not have the confidence to use the existing powers to do the things he wants. Nobody in this House supports the protests we have seen on our streets in the last couple of years. But the Government put up this sort of mirage of “This is what people who oppose what we are suggesting are for”. So people who are for the sort of amendment I am talking about are somehow on the side of protesters who are stopping ambulances, or on the side of people who want to take protests too far. That is a nonsense. What I am against is allowing the unmitigated use of Clause 11 without the safeguards needed.

Every single report from the inspectorate, the police complaints authority or whoever says that, if you are going to use this sort of power, which is the most severe power you can give the police, to stop people without suspicion going about their lawful business—that is the power you are going to give to these people—you have to build in safeguards. My contention is that, even with the concessions that the Minister made, the Government’s safeguards are not sufficient and need to be in the Bill. Why do I say that? I use the evidence in the Casey review. I do not just make it up and say, “Oh, that’d be a good idea”; I use the evidence from somebody who has researched and understood this, talked to people, been out to communities, and said, “This is what needs to be included. If you don’t, you risk carrying on with some of the problems that we’ve got”. The noble and right reverend Lord, Lord Sentamu, talked about disproportionality, and my noble friend Lady Lawrence and others with experience of this are here. The disproportionality is, frankly, a scar on our society, and now we are now going to extend that suspicionless power, with all that that may entail, without the necessary safeguards in the Bill.

It is not people like you and me who will be stopped and searched; it will be some of the most deprived people in some of the most difficult communities, who already have problems with trust and confidence in the police. We have the opportunity here, through the Casey review, to draw a line in the sand and set the agenda to support our police by saying that we will help them regain the trust and confidence they need. But we cannot do that if the Government are hiding behind saying, “Oh well, we are in favour of getting weapons off the street and stopping these awful protests”. We are all in favour of that, but this is an overreach of legislation which will potentially have very serious consequences for our society.

My amendment simply seeks to mitigate the impact of the suspicionless stop and search power. I agree with the noble Lord, Lord Paddick, that it should not be in the Bill anyway, but, as we have lost that argument, all we are seeking to do is to mitigate its impact. That is a perfectly sensible and reasonable thing to do.

I finish by saying that we are giving our police the most severe power that they can be given: suspicionless stop and search. Just by walking down the street, you could be stopped and searched. We have said that the power is fine with respect to terrorism—but even there we have mitigated it—and we accept that it is fine if it stops murder, gang warfare and all those sorts of things. But it is a totally different set of circumstances to talk about using suspicionless stop and search for protests. That is a step too far and, as such, we should at least mitigate its impact by supporting the amending Motion I have put forward.

Black and Minority-ethnic Children: Police Strip-searches

Lord Sharpe of Epsom Excerpts

Monday 27th March 2023 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, I beg leave to ask a Question of which I have given private notice. In doing so, I declare my interest as a vice-president of Barnardo’s.

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

My Lords, I am grateful to the noble Baroness for her Question. The Children’s Commissioner’s report raises a number of concerns that we take extremely seriously. Strip-search is one of the most intrusive powers available to the police. No one should be subject to the use of any police power based on their race or ethnicity. The IOPC is currently investigating several instances of children being strip-searched and it will review whether existing legislation, guidance and policies remain appropriate. It is right that we await its findings.

[Baroness Benjamin (LD)]

My Lords, it is sickening, shocking and truly disturbing to read the Children’s Commissioner’s report on the thousands of children who have been strip-searched by the police unsupervised. Most of us thought that being strip-searched was a rare occurrence during the Child Q scandal. This has proven not to be so. Worryingly, those from black and ethnic-minority backgrounds appear to be disproportionately targeted. Childhood lasts a lifetime. The mental trauma, mistrust, abuse and humiliation suffered by these children will stay with them, at a huge cost to society. How are the Government going to address this unacceptable and despicable practice? What recourse and disciplinary action will there be when a safeguarding failure is found to have taken place?

[Lord Sharpe of Epsom (Con)]

My Lords, the noble Baroness is right. Any child subject to strip-search under PACE should be accompanied by an appropriate adult unless there is an urgent risk of serious harm or where the child specifically requests otherwise and the appropriate adult agrees. Such searches must be carried out by an officer of the same sex as the child. The Children Act 2004 encourages agencies to share early concerns about the safety and welfare of children and young persons and to take preventive action. The Act requires local policing bodies and chief officers to co-operate with arrangements to improve the well-being of children in the authorities’ area. It is too early for me to comment on what sort of disciplinary processes and so on might be implemented in cases where there are failures of these things. As I said, we are awaiting the report from the IOPC and will make the appropriate response in due course.

[Baroness Chakrabarti (Lab)]

My Lords, it seems that every week there are more devastating revelations for trust in policing in our country, and yet the Public Order Bill is still moving between the two Houses—it will come back to us tomorrow. The Bill contains, among other things, stop and search powers, including without suspicion. At the very least, those provisions in the Public Order Bill should be paused by the Government until they can assess what police regulation we need, as opposed to just endless extra police power.

[Lord Sharpe of Epsom (Con)]

My Lords, as I have said from this Dispatch Box before, stop and search makes a serious difference to crime prevention. In 2021-22, stop and search removed around 14,900 weapons and firearms from our streets and resulted in almost 67,000 arrests. The noble Baroness made good points about trust in the police, and the Home Secretary has been clear that policing needs to address all of the causes of poor, and in some cases toxic, cultures. That will be a key focus of part 2 of the independent Angiolini inquiry, which will consider issues in policing such as vetting, recruitment and culture, as well as the safety of women in public places.

[Baroness Berridge (Con)]

My Lords, could my noble friend the Minister clarify the role of the IOPC here? Is it reviewing just individual cases—so there will be a number of reports—or is this a systemic review of the use of this practice? Only if we look at the system can we know whether there is potentially racial bias within it.

[Lord Sharpe of Epsom (Con)]

My noble friend is right. At the start of the process, 14 referrals involving strip-searches were received by the IOPC from the Metropolitan Police Service. On 1 August 2022, it confirmed that it is investigating five of these cases. It decided that six of them were suitable for local investigation by the force, and the remaining three are still being assessed to determine whether further action may be required by the IOPC. However, the IOPC has been asked to take a more general look at the framework. We expect its findings soon, and for it to opine a little more widely.

[Baroness Butler-Sloss (CB)]

My Lords, nearly 3,000 children have been strip-searched. Waiting for the IOPC is a long process, and it seems to me that the Government should intervene to see that the rules are complied with.

[Lord Sharpe of Epsom (Con)]

The noble and learned Baroness is absolutely correct that there has been a large number of these cases. Our problem with intervention is that data has only recently started to be collected on this. As I said, there is a great deal of incoming input, and it is appropriate to wait for that to make sure that we are properly informed.

[Baroness Whitaker (Lab)]

My Lords, I want to follow on from the noble and learned Baroness’s question. Would it not be sensible for the Home Office to require all police forces in England to discontinue any further participation in Safer School Partnerships and to withdraw Safer School officers from schools until the very laudable review is completed?

[Lord Sharpe of Epsom (Con)]

I do not feel particularly qualified to comment on that.

[The Lord Bishop of Derby]

My Lords, I declare an interest as vice-chair of the Children’s Society. I join other noble Lords in expressing horror at the findings of the Children’s Commissioner’s report. It is vital that children are treated as children at all times. Can the Minister reassure the House that children are treated and recognised as children within every aspect of the criminal justice system?

[Lord Sharpe of Epsom (Con)]

In areas where the Home Office collects data—for example, on custody—I can reassure the House that that is the case. For example, in 99% of cases where searches involved children in custody, an appropriate adult was present. Obviously, this report has identified failings in other parts of the system. We are awaiting the right inputs in order to make a detailed and thoughtful review, and as soon as that is the case I am sure I will be able to give the right reverend Prelate more broad reassurance.

[Lord Paddick (LD)]

My Lords, does the Minister not agree that it is rarely proportionate for the police to strip-search a child, let alone 2,847 times since 2018? Is the noble Baroness, Lady Casey of Blackstock, not right when she says that the whole regime of police stop and search needs a hard reset?

[Lord Sharpe of Epsom (Con)]

The noble Lord invites me to comment on operational police matters. I do not know whether it is appropriate, but I assume that they have very good reasons to do this; otherwise, they would not conduct these searches.

[Lord Rooker (Lab)]

Would the Minister care to reanswer his noble friend who asked the question about the role of the IOPC? It sounds as though it is checking a couple of dozen cases, and that is not good enough, given what the commissioner’s report has identified. Surely we need a review of all the cases, because there have been dozens a week over the years. The answer that the Minister gave on the role of the IOPC is not sufficient.

[Lord Sharpe of Epsom (Con)]

I think I said at the end of my answer to my noble friend that the IOPC has also been asked to look at the more general legislative framework around this particular subject and to give us more comprehensive findings.

[Baroness Uddin (Non-Afl)]

My Lords, I am absolutely gutted to hear the Minister respond to a question by saying that there must have been some reason. I am a child protection officer and have been a long-standing social worker, so I am all too aware of the issues around safeguarding—as the noble Lord should be, as a Home Office Minister. Can he say that he is either waiting for the review or that he has already taken the decision that there must have been a reason? It is either one or the other; it cannot possibly be both. I will make another point. Given what the noble Baroness, Lady Benjamin, said, surely everything leads to the conclusion from the noble Baroness, Lady Casey, that racial discrimination is endemic in the Met. Can the Minister answer?

[Lord Sharpe of Epsom (Con)]

I have to correct the record, because I did not say that there “must” be a reason; I said that I assumed that there was a good reason. To be absolutely clear, that is very different. I agree with many of the conclusions that the Children’s Commissioner has come up with—they seem to make a great deal of sense to me—but I would prefer to wait for the context of the various reviews that are being undertaken at the moment before giving a further opinion on this matter.

[Lord Bellingham (Con)]

My Lords, will the Minister pay tribute to Dame Rachel de Souza, who is a superb commissioner and was also an iconic head and founder of the Inspiration Trust in Norfolk? She is saying that, while this type of strip-search should not be banned, it should be looked at very carefully. One of the things she said was that strip-search should never take place in schools but always in police stations.

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for that. I am extremely happy to pay tribute to Dame Rachel de Souza for her report, which strikes me as very comprehensive—although I confess to having read only part of it so far. I agree with some of her conclusions, as I have just said, and I think that the one about schools is an entirely appropriate conclusion to have reached. In my opinion, strip-searches should be conducted only in very safe and secure places.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, one of the report’s conclusions was that there were widely differing practices in stop and search and strip-searches across the country. Does the Minister believe that there are good examples of stop and search and strip-search, and what can the Government use from those examples? Is it not right that particular communities—I am talking about young black men—have very little trust in the police service, and that it does not take much for things to kick off and for the police to use further interventions which are wholly undesirable as a result of the original police intervention?

[Lord Sharpe of Epsom (Con)]

I certainly agree with the noble Lord’s last point; that is a significant issue for the police and for us all. It relates to so many other issues that we deal with on a daily basis regarding the police, including things that the noble Baroness, Lady Jones, has brought up in previous debates, such as recruitment and so on. Regarding strip-search, I argue that, where the rules are followed, which are pretty clear and rigorous, it could be appropriate under certain circumstances. However, there needs to be an appropriate adult present, and there are complications around that, including making sure that there are enough of them. The other rules and safeguards that are already in place need to be followed.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is absolutely right and true that the Government should never interfere with operational policing, but the Government can recommend that the guidelines are actually followed. That is the big problem we have here: there were no appropriate adults in 52% of the cases. In 51% of the cases, children were strip-searched in police vans, schools and even fast-food restaurants. I think that the Government have a role here to say that guidelines are there to be followed.

[Lord Sharpe of Epsom (Con)]

I think that is right. The Government will have a role when the appropriate time arrives—when the reviews have delivered their various conclusions—to also suggest and recommend upgrading and updating that guidance.

[Lord Laming (CB)]

My Lords, I am sure the Minister will agree that strip-searching would be humiliating for any of us. It is particularly humiliating for a child. The Minister has indicated that there are rules that govern strip-searching, but the rules have not been followed in many of these cases. Let us not wait for a review. The rules operate now, today, everywhere. It is the responsibility of the Home Office to ensure that these rules are complied with. Will the Minister take this away with a degree of urgency to make sure that these rules are applied now, everywhere?

[Lord Sharpe of Epsom (Con)]

I will of course take that back to the department

[Baroness McIntosh of Hudnall (Lab)]

My Lords, for the benefit of those of us who have not yet been able to read the report, will the Minister tell the House what proportion of those nearly 3,000 children who were strip-searched during that period were charged with any offence?

[Lord Sharpe of Epsom (Con)]

I am afraid I do not have those details. I will have to write to the noble Baroness.

[Baroness Manzoor (Con)]

My Lords, I add my voice to those saying that we understand about the review—there will be lessons to be learned from the reviews and rules to be updated. But can my noble friend the Minister say why the Home Secretary could not write to all chief constables now to ensure that PACE rules are being enforced and adhered to very closely?

[Lord Sharpe of Epsom (Con)]

I reassure my noble friend that there is no reason why the Home Secretary could not write now, but the report was delivered in its final conclusion only on Friday and we are still assessing its recommendations.

[Lord Boateng (Lab)]

My Lords, less than a third of the cases referred to in the ombudsman’s report—31%—led to an arrest. Does the Minister agree with the noble Baroness, Lady Casey, when she said that strip-searching as done by the Met was an example of

“over-policing and disproportionate use of powers against certain communities”

and may be due to

“‘adultification’, where Black children are treated as adults and as a threat, therefore justifying greater use of force or intrusive interventions.”

Those were her words. Does the Minister agree with them?

[Lord Sharpe of Epsom (Con)]

I am not going to agree or disagree with those words. The noble Baroness, Lady Casey, delivered them in good faith, and I take her word in good faith. I think a lot more thought needs to go into all the various recommendations that have been made in the various reviews, many of which I happily acknowledge raise a number of very serious issues that demand urgent attention.

Baroness Casey Review

Lord Sharpe of Epsom Excerpts

Tuesday 21st March 2023 Lords Chamber

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

My Lords, I shall now repeat a Statement made in another place:

“With permission, Mr Speaker, I would like to make a Statement on Baroness Casey’s review of the Metropolitan Police. I wish to put on record my thanks to Baroness Casey for undertaking the review on such a difficult and sensitive topic with the utmost professionalism.

The Metropolitan Police Service plays a big role in our country: tackling crime throughout the capital and keeping 9 million Londoners safe; preventing terrorism nationally; and managing significant threats to our capital and country. I back the police. I trust them to put our safety before theirs, to step into danger to protect the most vulnerable, and to support all of us at our most fearful, painful and tragic moments. Many of us can never imagine the challenges that regular police officers face every day. That is particularly poignant as tomorrow marks the sixth anniversary of the murder of PC Keith Palmer in the line of duty while he was protecting all of us in this place. For their contribution, I am sure all Members will join me in thanking the police for their work.

But there have been growing concerns around the performance of the Metropolitan Police and its ability to command the confidence and trust of Londoners. That follows a series of abhorrent cases of officers who betrayed the public’s trust and hideously abused their powers. In June last year, His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services announced that the force would be put into an Engage phase. In July, the Government appointed Sir Mark Rowley to the post of Metropolitan Police Commissioner, with the express purpose of turning the organisation around.

Today’s report, commissioned by Sir Mark’s predecessor, makes for very concerning reading. It is clear that there have been serious failures of culture, leadership and standards in the Metropolitan Police. That is why Sir Mark Rowley’s top priority since becoming commissioner has been to deliver a plan to turn around the Met and restore confidence in policing in London. Baroness Casey’s report finds: deep-seated cultural issues in the force; persistent poor planning and short-termism; a failure of local accountability; insularity and defensiveness; and a lack of focus on core areas of policing, including public protection. She also highlights the recent decline in trust and confidence in the Met among London’s diverse communities.

The report underlines the fact that the Met faces a long road to recovery. Improvements must be made as swiftly as possible, but some of the huge challenges for the organisation may take years to fully address. Baroness Casey is clear that Sir Mark and Deputy Commissioner Lynne Owens accept the scale of those challenges. I know that to be true from my own work with them. I will ensure that the Metropolitan Police has all the support it needs from central government to deliver on Sir Mark’s pledge of more trust, less crime and high standards. Every officer in the force needs to be part of making those changes happen.

As I said as soon as I became Home Secretary, I want all forces to focus relentlessly on common-sense policing that stops crime and keeps the public safe. The Government are already providing the Metropolitan Police with support to do just that. Funding for the force will be up to £3.3 billion in 2023, a cash increase of £178 million compared with 2010, and the force has by far the highest funding per capita in England and Wales. As a result of the Government’s police uplift programme, the Metropolitan Police has more officers than ever before—over 35,000 as of December last year. The Home Office is providing funding to the force to deliver innovative projects to tackle drug misuse and county lines. We are working with police and health partners to roll out a national “right care, right person” model, to free up front-line officers to focus on investigating, fighting crime and ensuring that people in mental health crises get the right care from the right agency at the right time.

It is vital that the law-abiding public do not face a threat from the police themselves. Those who are not fit to wear the uniform must be prevented from doing so. Where they are revealed, they must be driven out of the force and face justice. We have taken steps to ensure that forces tackle weaknesses in their vetting systems. I have listened to Sir Mark and his colleagues; the Home Office is reviewing the police dismissals process to ensure that officers who fall short of expected standards can be quickly dismissed. The findings of Baroness Casey’s review will help to inform the work of Lady Angiolini, whose independent inquiry, established by the Government, will look at broader issues of police standards and culture.

I would like to turn to two particularly concerning aspects of Baroness Casey’s report. First, it addresses questions of racism, misogyny and homophobia within the Metropolitan Police. Baroness Casey has identified evidence of discriminatory behaviour among officers. I commend those officers who came forward to share their awful experiences with the review team. Discrimination must be tackled in all its forms, and I welcome Sir Mark’s commitment to do so. I will be holding the Metropolitan Police and the Mayor of London to account by measuring their progress. I ask Londoners to judge Sir Mark and the Mayor of London not on their words but on their actions to stamp out racist, misogynistic and homophobic behaviour. Action not words has been something that victims of police misconduct and criminal activity have asked for.

Secondly, officers working in the Parliamentary and Diplomatic Protection Command perform a vital function in protecting our embassies and keeping us, as Members of Parliament, safe on the Parliamentary Estate. Baroness Casey’s report is scathing in its analysis of the command’s culture. The whole House will be acutely aware of two recent cases of officers working in that command committing the most abhorrent crimes. I expect the Metropolitan Police to ensure that reforms reflect the gravity of her findings, while ensuring that the command’s critical security functions are maintained. The Home Office and the Parliamentary Security Department will work closely with the Metropolitan Police to ensure that that happens.

Although I work closely with the Metropolitan Police, primary and political accountability sits with the Mayor of London, as Baroness Casey makes clear. I spoke to the mayor yesterday; we are united in our support for the new commissioner and his plan to turn around the Met so that Londoners get the police service they deserve. We all depend on the police, who overwhelmingly do a very difficult job bravely and well. It is vital that all officers maintain the very highest standards that the public expect of them. Londoners demand nothing less. I have every confidence that Sir Mark Rowley and his team will deliver that for them. I commend this Statement to the House.”

--- Later in debate ---

[Lord German (LD)]

My Lords, in my 24 years of parliamentary activity, this has been one of the toughest and hardest-hitting reports that I have read. We must thank the noble Baroness, Lady Casey, for that review.

For decades, there has been racism, sexism, misogyny and homophobia in the Metropolitan Police, and, throughout that time, police leaders have wilfully denied it or have been so embedded in the culture that they do not recognise it. Those who stood up to be counted and reported misconduct were labelled troublemakers, ostracised by colleagues and targeted for misconduct investigations themselves. Some of those who were violent and racist were reinstated, even when they had been found guilty and dismissed.

A chief superintendent told my noble friend Lord Paddick, “You can get away with anything in this job, providing you don’t upset anyone”. Predominantly white male officers had senior officer supporters, while black, female and gay officers did not have the same sponsorship and were more likely to be formally investigated and have their appeals rejected. Even when a senior officer was accused of rape, the reputation of the Met was seen as paramount, and he was allowed to retire on a full pension, with no questions asked. So does the Minister accept that all of this is a failure of leadership at all levels, including that of the Government?

But, of course, in order to support the police, we must recognise that not every black, female, Sikh, Muslim or gay officer has had these experiences. But that does not detract from the fact that there is a corrupting and unhealthy culture that allows unacceptable behaviour to flourish and grinds down those who stand up for what is right.

Things have changed over the decades. For example, overt racism has been replaced by closed WhatsApp groups, to which only a few trusted colleagues are allowed access. Does the Minister agree that disproportionality in stop and search—stereotyping young black men as criminals, for example—demonstrates underlying racism? Does he agree that disrespecting women demonstrates underlying sexism, and that gay officers being afraid of the police demonstrates underlying homophobia? Does the Minister agree that the most important, pivotal change that Sir Mark Rowley has to make, and is making, is to reverse the overarching philosophy of “cover up” rather than “own up”? Does he agree that we need to support him?

Does the Minister agree that armed units such as the parliamentary and diplomatic team attract people who want to dominate and control, rather than cultivating such behaviours? Vetting and screening for these units are clearly inadequate, as is the whole process of vetting, as we have repeatedly raised in this Chamber in relation to having appropriate vetting procedures for both new and continuing officers.

Austerity has made things worse, as the Minister said. He said that, between 2010 and 2023-24, they have increased the cash budget of the Met by £178 million on a £3.3 billion budget over 13 years. I do not think that that is a magnificent increase, but it has certainly been reflected in the fact that we have only half the number of PCSOs in London and that specials have more or less disappeared. It means that there is a major role for the Government to play in putting things right. The Government have to assess whether they are funding the Met properly, and whether those resources are being used to the best effect.

The Home Secretary, the Mayor of London and the commissioner must all take responsibility for rescuing the Met from destroying itself. So I ask the Minister: what role do the Government see that they must play in making that change happen, given that they have sat around for all this time and we have not yet seen the results? It is clear that, despite all those repeated reviews—from Scarman, Macpherson and the HMIC—the force’s toxic culture has never been properly addressed. But this time it has to be. The leadership in the Met and the Home Office must view this as a precipice moment. The Home Secretary must take personal responsibility for this and must draw up an urgent plan. Can the Minister say what the plan is and what timescales they will use to show progress that goes beyond the tick box? The stakes are too high for anything less. The fundamental principle of policing by consent is at stake.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank both noble Lords who have spoken. I will also take this opportunity, as the noble Baroness, Lady Casey, did, to thank the vast majority of police officers in London, who, frankly, must be as depressed as we all are by reading the awful findings of the report.

It is paramount that public trust in the Met is restored. The Home Secretary is committed to ensuring that the commissioner and the Mayor of London will be held to account to deliver a wholesale change in the force’s culture. Of course, there is more to do, and the nature of that mission of rooting out unfit officers will probably mean that more unacceptable cases will come to light. I am not surprised that Sir Mark was unable to answer that question directly.

However, as I have already said, we should not overlook the many officers working in the Met who carry out their duties with the utmost professionalism—I emphasise that point. I am also confident that, under Sir Mark’s leadership, progress is being made to reform standards and to deliver common-sense policing for Londoners. The noble Baroness, Lady Casey, was very explicit about this; she said that Sir Mark and his deputy, Lynne Owens, have her trust—and they also have the Government’s trust. The Government are driving forward work to improve culture, standards and behaviour across policing, which includes strengthening vetting and reviewing the dismissals process, which are subjects I will come back to.

On the subject of institutional racism, sexism and homophobia, it is obviously clear from the report that recent cases, including instances of all those things, in parts of the Metropolitan Police are completely unacceptable. It has been made very clear that standards have to improve in this area as a matter of considerable urgency. The Met has to rebuild trust, improve standards and keep all Londoners safe from harm, regardless of their background. Urgent steps must be taken now to bring this change and to right those wrongs. It is critical that we do not lose momentum and that we come together with the Met to drive this much-needed change.

The noble Lord, Lord Coaker, asked what action the Home Office is taking now. At this precise moment, the Home Office is closely monitoring the progress that Sir Mark is making to deliver the transformation that is required in the Metropolitan Police through regular attendance at the MPS’s turnaround board meetings and in the chief inspector-chaired policing performance oversight group. We stand ready, with other system leaders across policing, to consider what further support we may be able to provide to support the action plan that the commissioner has developed. We are working with chiefs and other partners to deliver a programme of work to drive up standards and to improve culture across policing.

I am afraid that I will turn to chapter 8 of the report, because the noble Baroness, Lady Casey, makes it very clear that

“the primary public accountability of the Met for policing London should exist through the Mayor of London, together with his Deputy Mayor for Policing and Crime and the Mayor’s Office for Policing and Crime (MOPAC) oversight arrangements … A dysfunctional relationship has developed between the Met and MOPAC, with defensive behaviours on one side”—

to which the noble Lord, Lord German, referred—

“and tactical rather than strategic approaches on the other”.

The noble Baroness, Lady Casey, has recommended that the mayor chairs a quarterly board, and we support that. As I said in my opening remarks, we will make sure that both the commissioner and the mayor are held accountable on that. But the governance relationship is clear.

Much has been made of the impact of austerity, but I am afraid that I cannot agree because the Government have proposed a total police funding settlement of up to £17.2 billion in 2023-24—an increase of up to £287 million compared with 2022-23. As I have already said, as a result of the police uplift programme, officer numbers in the Met are at a historic high: there were 35,000 in December. On a per capita basis, in 2021 the Met received 57% higher funding per capita than the average for the rest of England and Wales, excluding London, and 24% more funding than the next highest force—Merseyside—which has a higher rate of police recorded offences per 1,000 of the population. Those numbers exclude funding that the Met receives for policing the capital city, counterterrorism and so on. Those numbers speak for themselves: the fact is that funding in London is about £300 per head of the population, compared with an average of just over £200 in the rest of the country.

Obviously, trust in the police is a subject of considerable concern, in particular in some of the communities that have been mentioned. I refer to comments made in the other place by Karen Buck, the MP for Westminster North, who pointed out:

“Neither the long-standing concerns about police culture identified in the Casey report nor the individual instances of racism, misogyny and homophobia in the police can be laid at the door of the cuts to the police budget over the early part of the last decade”.


She was happy to accept that, and I think that we should, too.

Questions have been raised in the report about PaDP—Parliamentary and Diplomatic Protection—and the firearms unit, which make for appalling reading. However, these units provide a vital function in providing protection and ensuring the public’s safety, and we expect the Met to take immediate action to drive reform in these functions and to root out any officers who are not fit to serve. I am pleased to say that considerable progress is already being made on that. In addition to a root-and-branch review, the Metropolitan Police has taken a large number of other steps to ensure that the public can have greater confidence: it is under a new commander, Chief Superintendent Lis Chapple, whom I am sure we all wish well; a third of all sergeants are new; PaDP officers have been prioritised as part of the MPS’s data wash against the police national database; and Operation Onyx is looking at historic misconduct cases that have previously been investigated and resolved, but which have included allegations of sexual offences or domestic abuse over the last 10 years. I am pleased that that work is taking place, and it is good news that it is taking place quickly.

As to the noble Baroness’s recommendation of “effectively disbanding” the PaDP unit, we do not believe that that is appropriate. As I have said, the Met has committed to, and made progress on, overhauling the command, and we expect it to make sure that the reforms reflect the gravity of the recommendation, while also ensuring that the command’s critical security functions are maintained. I think that those expectations are obvious and self-evident.

The noble Lord, Lord Coaker, raised stop and search. We remain of the belief that stop and search is a vital tool to tackle crime and to keep our streets safe. In 2021-22, stop and search removed around 14,900 weapons and firearms from our streets and resulted in almost 67,000 arrests. We are clear that nobody should be stopped and searched because of their race. Extensive safeguards, such as statutory codes of practice and body-worn video, exist to ensure that this does not happen. It is essential that we use data and context on stop and search to provide greater clarity and to reassure the public about its use. That is why the Government have committed to improve the way that this data is reported and to enable more accurate comparisons to be made between different police force areas. We have included new analysis in our police powers statistical bulletin in October 2022, which allows users to compare stop and search rates between the 43 police forces. To be clear: a higher rate should not automatically be regarded as a problem, but the reasons should be transparent and explicable to local communities.

I accept that this can cause disquiet, of course, but I came across these words earlier when I was reading my briefing on this subject and was really rather taken with them. I will read them to noble Lords, who I hope will indulge me. Sharon Kendall, whose 18 year-old son Jason Isaacs was murdered in London, said:

“For those who try and tie the hands of the police in making their job more difficult, I ask you to stop and look at all the murdered teenagers’ faces. If we collectively gave a little more support to the police using stop-and-search and enforcement, things would change.”


I accept that the police have a great deal of work to do to improve the culture—of course I do. However, we should also bear in mind her context and take it very seriously when discussing this subject.

The noble Lord, Lord Coaker, asked about the vetting process. There is already a statutory vetting code for all forces, and the Government have asked the College of Policing to update it to insert stricter obligations for chief officers on how vetting should be carried out within their forces. That is currently out for consultation. On the subject of bans for applicants with histories of domestic and sexual abuse, the revised code will be clearer on obligations on chiefs not to appoint individuals who are not suitable to be police officers.

On chief officers suspending officers under investigation for such allegations, the chief constables have a power in law to suspend police officers either where an investigation would otherwise be prejudiced or the public interest requires the officer to be suspended. In both cases, chiefs must also consider whether temporary redeployment to an alternative role or location would be appropriate. These are rightly operational decisions for chiefs following careful consideration of the full facts and circumstances.

On leadership, I agree that leadership has been found wanting in the police but we have invested £3.35 million from 2021 to 2023 for the College of Policing to create a national leadership centre. As part of this, the college is now in the process of setting and rolling out national leadership standards at key levels in the police service and providing leadership development programmes aligned to these standards. I have spoken to Andy Marsh and the chair of the College of Policing on this subject, as I know has my right honourable friend the Home Secretary. I suspect it is a subject to which we will return, as clearly work needs to be done there.

Lastly, but by no means least, on the subject of violence against women and girls, my answer will include Operation Soteria to which I have referred from the Dispatch Box before. It goes without saying, but I will say it anyway, that rape and sexual violence are devastating crimes that have a long-lasting impact on victims. Protecting women and girls from violence and supporting victims and survivors of sexual violence are a key priority for the Government. It is abhorrent.

The cross-government tackling VAWG strategy and tackling domestic abuse plan set out actions to prioritise prevention, help support survivors, strengthen the pursuit of perpetrators and create a stronger system. In 2021, the then Home Secretary commissioned HMICFRS to inspect the police response to VAWG. It found that while there had been progress, there was more to do to improve the police response. We accepted all the report’s recommendations to government.

To support policing to improve its response, we are funding the first full-time national policing lead for VAWG, Deputy Chief Constable Maggie Blyth, who is driving improvements in the police response. We have added VAWG to the strategic policing requirement, which means it is set out as a national threat for forces to respond to alongside other threats such as terrorism, serious and organised crime, and child sexual abuse. We are providing £3.3 million for domestic abuse matters training and are funding Operation Soteria, which will improve the police response to rape. We have introduced a range of tools and powers to help policing tackle VAWG, including stalking protection orders, sexual harm and sexual risk orders, and forced marriage and FGM protection orders.

I have talked about Operation Soteria from the Dispatch Box before. In the pathfinder forces there are signs of improvement, which is welcome, but I acknowledge that they still do not go far enough. To the Met’s credit, it is one of the first five forces to go into that programme. I forget what the precise terminology is, but it is one of the trial forces.

I accept that there has been a failure of leadership in the police, of course, but I have faith in Sir Mark and I suspect that most of the House will share that faith. The police have a lot of work to do to restore trust, and I hope that has been made clear. There is clearly a long way to go for the Metropolitan Police, but in Sir Mark and Dame Lynne we have a very strong top team, as the noble Baroness, Lady Casey, acknowledged. They are certainly well placed to start and prioritise this work and make sure it is delivered in a timely fashion.

[Baroness Chakrabarti (Lab)]

My Lords, does the Minister agree that in the spirit of bipartisanship, on such a dark day for the capital and the country, nobody should double down against the central finding of institutional prejudice? This does not mean that everybody is prejudiced; it just means that there are systemic problems that need to be addressed if we are to tackle these deep-seated problems in the institution.

Secondly, does the Minister agree that it is not just for the mayor or the Government and that Parliament has a role in this, going forward? Some of the many findings in the very difficult but excellent, robust report perhaps require primary legislation—pension forfeiture, robust disciplinary and vetting systems and so on. Is this something that we can continue to discuss together at this terrible time for policing and the rule of law?

[Lord Sharpe of Epsom (Con)]

I certainly agree with the noble Baroness’s latter point. During my response I omitted to mention the review into police dismissals. Obviously, that is ongoing. It started on 17 January and is expected to last four months and conclude at the end of next month. I cannot imagine for a moment that it will not address many of the more pertinent points made by the noble Baroness, Lady Casey. I quite expect that I will be up here discussing the findings of that review in due course.

As regards the institutional racism and so on, like Sir Mark Rowley I probably would not use that description because it can be misused and risks making it harder for officers to win the trust of communities, but I of course acknowledge the noble Baroness’s point.

[Lord Cormack (Con)]

My Lords, does my noble friend accept that a particular responsibility rests on the Home Office here? Will he take away an idea and discuss it with his colleagues? Namely, there should be a Minister of Cabinet rank within the Home Office, or maybe detached from the Home Office, whose prime, indeed sole, responsibility should be to be stationed at Scotland Yard supervising what goes on, and answerable to both Houses of Parliament. This is a shameful day for us all, and the Home Office cannot escape its share of the blame.

[Lord Sharpe of Epsom (Con)]

My noble friend makes an interesting suggestion. There is already a Policing Minister. My personal view is that it would be difficult to station a Minister in a police station, which is effectively what he is suggesting. We need to be very careful to make sure that political oversight and operational responsibility, as the noble Baroness, Lady Casey, calls it, are clearly delineated. I am sorry if he does not like the fact that the noble Baroness pointed to the Mayor of London’s responsibility for the political side of policing in London, but that is what she did in chapter 8.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is obvious that the Home Secretary there is setting up the Mayor of London to be totally accountable. We all know that she has to play a role as well. In fact, it might be good if she stopped using racist, inflammatory language, because that would probably help the situation in the Met. Perhaps the Minister could take that back to the Home Office.

There is also the fact that anyone who has been watching the Met for the past 20 years—and I include myself—knows that nothing in that review is new. We have all raised all those issues many times—the noble Lord, Lord Harris, is agreeing with me. It is not new and should have been dealt with long before.

However, there is one thing in the review that could be fixed if the police actually tried to sort it. The noble Baroness, Lady Casey, makes the point that

“the Met does not look like the majority of Londoners.”

That is a very good point because it is mostly white—82%—and 71% male. Over the years the Met has tried to make itself look more like London, but there is a big problem in that most officers do not live in London. Also, when you have this level of misogyny, racism and homophobia, you do not attract people in. Does the Minister agree that a big move on recruitment might help the situation?

[Lord Sharpe of Epsom (Con)]

On the noble Baroness’s last point, yes, I agree—but I also think that a key element of that is to restore trust among the diverse communities that the noble Baroness, Lady Casey, has identified as having reduced or lost trust in the police. I am afraid that I cannot agree, though, that the Home Secretary is setting up the Mayor of London. It is in black and white: it is the noble Baroness, Lady Casey, who makes the point, not the Home Secretary. I shall acknowledge, of course, that the Home Secretary bears some responsibility for policing in the capital—because, of course, the Metropolitan Police has a large number of national aspects to its work, too.

[Lord Russell of Liverpool (CB)]

I thank the Minister for repeating the Statement. It cannot have been much fun to read it out—and it is horrifying to read. For those of us who have been involved in some of the legislation going through this House in the last few years, I am afraid that very little of it is a surprise.

To follow on from the noble Baroness, Lady Jones, speaking as a Cross-Bencher, one of the things that I find most egregious is the politicisation of dealing with this problem. I live in a constituency in London where my wonderful Member of Parliament, Mr Hands, has recently, poor chap, been made the chairman of the Minister’s party. Every week, I have an email from him, which I call “The wonder of Greg”, which tells me about all the things he is doing, including taking the oath to the new King—and we had a clip to watch. But every week, week in and week out, there is constant sniping at the Mayor of London, in a nakedly political way, which is doing nobody any good at all.

Mr Khan may not be everybody’s flavour of the month, but the only way in which we will tackle this issue is to depoliticise the relationship between whichever Government it is, the Home Office and the mayor, who is there to represent all Londoners and not there to be an enemy of those who are Conservatives. If the Minister could take one message to his right honourable friend in the other place, when she is not doing home decorating in parts of Africa, it is to try to remember that the mayor is there to represent all of us who live here in London, and there to represent the interests of all victims—and please can we be a bit more grown-up about this and be very careful about the language that we use?

[Lord Sharpe of Epsom (Con)]

From a broad point of view, I of course agree with the noble Lord. I do not personally approve of the politicisation of policing. However, I shall go back to the words of the noble Baroness, Lady Casey, who said:

“A dysfunctional relationship has developed between the Met and MOPAC”.


Under those circumstances, I would say to the noble Lord that it works both ways. I also think that whatever he is seeing locally is best dealt with locally. I shall of course raise his concerns with the chairman of my party, but the fact is that these are not Home Office points—they are made by the noble Baroness herself, when she says that a “dysfunctional relationship has developed”. That dysfunctional relationship needs to be resolved.

[Lord Blunkett (Lab)]

I was not going to say this, but now I shall. First, I declare an interest because the Deputy Mayor for Policing and Crime was my special adviser 20 years ago and remains a very close friend. Those who have taken responsibility in this area—and, of course, I have—will be aware of the real difficulty of holding the police force to account. Yes, there may have been a dysfunctional relationship, spelled out in chapter 8 of the brilliant report by the noble Baroness, Lady Casey, who deserves a medal for what she has done over these months. But what the noble Baroness was pointing out was the real difficulty that any mayor has—and this applies to the Home Secretary as well—in a situation where the force is so defensive. This is illustrated in the report time and again: the force is so defensive that any criticism at all is taken personally, and people go on the defensive to the point where you cannot have a sensible or rational conversation.

From now on, perhaps the Minister would take it back to the Home Secretary—and, of course, to the mayor and the mayor’s office—that it is time to stop the police hiding behind operational responsibility and to understand that somewhere and somehow they have to be held to account. At this moment in time, we are doing so, but on the back of years of failure. If we are to avoid that in future, we will have to have transparency and honesty in a way that we have not had.

[Lord Sharpe of Epsom (Con)]

I defer to the noble Lord’s extensive experience, of course, and I actually agree with everything that he has just said. The fact is that the report also identified an “evasive” culture and a culture that is overly defensive when it comes to perfectly justified criticism. I have confidence that Sir Mark will change that culture and do so very quickly—but, of course, he needs to be held accountable for doing that. The noble Lord is completely right: this cuts both ways, and for this situation to become less dysfunctional both sides have to operate in a much more functional way.

[Baroness Wyld (Con)]

One of the themes of this report is a “we know best” culture. Clearly, the Met has not wanted external challenge or external help from expert stakeholders, be it on women’s issues or all the things that are revealed in this shocking report. Can the Minister say what specific conversations he has had about a plan in place to change the culture, drawing in that external expertise? As the noble Lord, Lord Coaker, said, if you are going to do this, you need a strategy, but you also need specific plans, tools, metrics and deliverables. I take on board all the points that the Minister has made about the mayor’s role, but there is a responsibility in the department to know how and when this will be delivered and how it will be measured.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My noble friend makes an extremely good point. I have had a couple of conversations with Sir Mark Rowley, but I know that the Policing Minister has had many more. It is obviously the case that our response, as well as that of the commissioner, will develop over the coming days. I think that we should give him a little bit of time to respond to this report in full. Having said that, he has been in post for six months and he has our good will and support but, to maintain that good will and support, he is going to have to deliver, and metrics and deliverables will have to be a key part of that.

[Lord Harris of Haringey (Lab)]

My Lords, I refer to my policing interests in the register. I chaired the Metropolitan Police Authority some 20 years ago, and one of my members was the noble Baroness, Lady Jones. It is a very strong and powerful report, and all credit to the noble Baroness, Lady Casey, for producing it and to Dame Cressida Dick for commissioning it in the first place. The point about the report is that it tells us things that we have known for all that period.

Strikingly, a recommendation is made by the noble Baroness, Lady Casey, that says:

“As a minimum, Met officers should be required to give their name, their shoulder number, the grounds for the stop and a receipt confirming the details of the stop”.


That is something that the Metropolitan Police Authority gave instructions should happen over 20 years ago. It was introduced then, but somehow along the way it has disappeared. That is part of the way in which the police service reverts to a particular type, unless there is constant pressure and vigilance, and support for those many officers who want to make things happen.

I have two points that I want to make to the Minister. First, he said that he did not accept the statement that there is institutional racism, misogyny and homophobia, but he also said that he wanted to rebuild confidence with those communities. Maybe a statement in which the Home Office, the mayor and the commissioner all acknowledged the fact that, despite all those officers and staff who do not behave in this way, there is an institutional effect, would be part of restoring that confidence.

The second point is that today we have focused, necessarily, on the Metropolitan Police, but what assurances can the Minister give us about the state of other police forces elsewhere in the country, because I rather suspect that the diagnosis that has been made here could also be made in many other places?

[Lord Sharpe of Epsom (Con)]

I think I need to correct the record. I did not say that I did not accept that there has been evidence of institutional racism, sexism or homophobia—I said that I would not use that description, which is rather different. Of course, I accept the conclusions of the noble Baroness, Lady Casey, and there have been clear evidences of all those things, as I said earlier.

As regards other police forces, obviously this particular report deals with the Met. It is one of the five forces that are currently in Engage, so clearly there are some failings in other police forces around the country, which I think we are all familiar with. It would be unfortunate to tar all the other forces with this brush, but I am quite sure that there is evidence of the sorts of behaviours identified here in some of those things. Of course, some of them will be specific to the Met, because of course they do not necessarily mirror the structures and commands in other forces. This should be a wake-up call to all policing—I think that that is fairly evident—and I hope that senior police officers, and all police officers around the country, will make the effort to read this report and reflect.

[Baroness Berridge (Con)]

My Lords, it is 30 years ago next month that Stephen Lawrence was killed. So there have not been “growing concerns” among young black people in London; they have been telling us for years that things have not changed and we—meaning all of us—did not listen. At that time, in 1983, a black gentleman called Leroy Logan did join the police and rose to be a superintendent. He founded the Metropolitan Black Police Association and chaired it for 30 years. He is one of the people who has an insight. I asked him today, “Has the commissioner asked to see you?” “No.” Unfortunately, this does not give me confidence that the Metropolitan Police are prepared to hear from their detractors. If someone such as this, who was the subject of a short film by Steve McQueen that was based on his life, has not been through the door of the commissioner in light of today’s report, I hope that the Minister can take back a specific request that he meet Leroy Logan.

I have asked my noble friend the Minister on other occasions why, when the force is under special measures or the Engage process, and we know that other officers have potentially committed criminal offences, it is the Metropolitan Police investigating other officers in their own police force. We do not know whether the CPS will ever get sight of those files. Why is there not an equivalent process to that in the health service and the education service, where, when you are put into this kind of process, there is independent oversight of that function?

Finally, the report is limited to culture. Culture and competence are like twins. We have an example of rape evidence being lost from a fridge because a heatwave came. Is the Minister going to treat this as the Government’s role? We now need a further piece of work on the competence of the police. Is it the case that evidence is being lost routinely? Is it correct when barristers tell me that Amazon may know where your parcel is by using the barcode, but the Metropolitan Police do not necessarily know where evidence is? Is it the case that the Criminal Cases Review Commission is having trouble when it asks for swabs from a case a few years ago because the police do not know where they are? These are all competency issues. Do we not now need a separate piece of work on competency and not culture?

[Lord Sharpe of Epsom (Con)]

I say to my noble friend, on the subject of the police officer she mentioned, that it is not for me to tell Sir Mark who he should speak to; I am sure he has a very good idea who he ought to speak to. It sounds to me as though that particular person’s experience is obviously relevant. Maybe it is part of an ongoing plan; I do not know. Obviously if I see him, I will ask him.

It is clear that the Met must have the confidence of all communities, including black and ethnic groups. If it manages to regain that confidence, that should help recruitment and all the other things that were identified by the noble Baroness, Lady Jones.

On competence, I think that the Met should be allowed to deal with the cultural side of this report over the coming days. I am sure that, if there were incompetence allegations, they would have been aired in a much more detailed and methodical way, rather than the anecdotal side of things—although I accept that those are very serious. Having said that, I think it is for Sir Mark to come back to us on this. Obviously, there is the crime survey, and the reported statistics will be very revealing.

[Baroness Thornton (Lab)]

My Lords, I was very pleased to hear the Minister agree with my noble friend that sexism, homophobia and racism were institutional in the Metropolitan police force, because that was certainly not what his right honourable friend the Home Secretary said at the other end of the building a few hours ago, and that is a great shame.

Here we are again; I think this is the third time in several months that we have been discussing the terrible conduct of our uniformed forces in this country, on whom we so depend. I just wonder what on earth has been going on that has allowed the same things to be said over and over again. We had the fire brigade a few months ago; now we have the Metropolitan Police.

I would like to ask the Minister about the examples of violence against women from police officers, because, if 43 police forces do what they like on vetting, training and misconduct, can the Government finally accept that we urgently need mandatory national standards on vetting, misconduct and training? That follows on from my noble friend’s statement that we will need primary legislation that deals with those issues.

[Lord Sharpe of Epsom (Con)]

My Lords, I am going to defend my right honourable friend the Home Secretary, who said the following. I have already read this, but I am going to read it again. She said:

“I would like to turn to two particularly concerning aspects of Baroness Casey’s report. First, it addresses questions of racism, misogyny and homophobia within the Metropolitan Police. Baroness Casey has identified evidence of discriminatory behaviour among officers. I commend those officers who came forward to share their awful experiences with the review team. Discrimination must be tackled in all its forms, and I welcome Sir Mark’s commitment to do so.”


I do not see her avoiding the charges, as was suggested.

As regards vetting, the Government have asked the College of Policing to strengthen the statutory code of practice for police vetting, making the obligations that all forces must legally follow much stricter and clearer. This is currently out for consultation. That consultation process closes on 21 March. The Home Secretary has also asked the policing inspectorate to carry out a rapid review of police forces’ responses to its November 2022 report, which highlighted a number of areas where police vetting can be strengthened. The NPCC has also asked police forces to check their officers and staff against the national police database—I mentioned earlier that the parliamentary unit is having that fast-tracked—to help identify anyone who is unfit to serve. The data-washing exercise is on track to be completed towards the end of this month, following which forces will need to manually analyse the information received and identify leads to follow up. That exercise is expected to be completed by September.

Police and Crime Commissioners

Lord Sharpe of Epsom Excerpts

Monday 20th March 2023 Lords Chamber

[Lord Lexden]

To ask His Majesty’s Government what recent discussions they have held with the Police and Crime Commissioners for Cleveland, and for Leicester, Leicestershire and Rutland.

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

My Lords, the Government engage regularly with PCCs and chief constables across all force areas. There have been no recent specific discussions between the Government and the PCC for Cleveland or the PCC for Leicestershire. However, there have been official-level discussions that I am happy to advise the House about separately as required. The Government recently responded to written correspondence received from the PCC for Cleveland on 9 February. The correspondence sought clarification on the management and extension of misconduct hearings, which are matters for legally qualified chairs.

[Lord Lexden (Con)]

My Lords, I remind the House that for many months, through many questions, I have been trying to find out why a police gross misconduct hearing in Cleveland, announced in August 2021, has still not started. A former chief constable, Mike Veale—a man dogged by controversy, to put it politely, since he vilified Sir Edward Heath several years ago—is due to appear at this hearing. A detailed report on the complaints against Mr Veale, still unpublished by the Independent Office for Police Conduct following a two-year inquiry, preceded the announcement of this hearing 18 months ago. Things often proceed far too slowly where police misconduct is concerned, but this must surely be a record. Are the Government absolutely content for this hearing to be indefinitely delayed, perhaps never to take place? Are the Government absolutely content that the legally qualified chair, who has sole charge of this hearing, should remain anonymous, even though, in the words of a Written Answer that I received on 22 February:

“There are no provisions in legislation which entitle legally qualified chairs of police misconduct hearings to remain anonymous”?


Are the Government absolutely content that an autonomous, anonymous chair should deny the public any reason why this hearing has not started?

[Lord Sharpe of Epsom (Con)]

My Lords, I refer my noble friend to an answer I gave in Grand Committee on 23 February, when I said that

“the Cleveland PCC has no power over the legally qualified chair”—

except inasmuch as he appoints him or her—

“who must commence a hearing within 100 days of an officer being provided a notice referring them to proceedings, but may extend this period where they consider that it is in the interests of justice to do so.”—[Official Report, 23/2/23; col. GC 494.]

That is the case here and, as I have said many times from the Dispatch Box, I am afraid I really cannot go beyond that.

[Lord Bach (Lab)]

My Lords, following on from the noble Lord’s Question, are the Government aware that the office of the Cleveland police and crime commissioner has delayed answering a series of relevant freedom of information questions on two separate occasions, claiming that it needs more time? Last Friday, on the last possible date allowed by the law, it refused point-blank to answer any of them. Does this course of action sound like it comes from an open, public-facing organisation or one perhaps covering its tracks?

[Lord Sharpe of Epsom (Con)]

My Lords, I am not familiar with the FoI requests that were put in, so I cannot really speak to them. I was very pleased to see that Cleveland’s most recent PEEL report, which was also published on Friday 17 March, indicates that very good progress has been made under the leadership of the chief constable, Mark Webster. The noble Lord will also be aware that the PCC, Steve Turner, attends the PPOGs. I commend them both on doing a decent job.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, we have a virtual contribution from the noble Baroness, Lady Harris of Richmond.

[Baroness Harris of Richmond (LD) [V]]

My Lords, I declare an interest as a former chair of a police authority. If police and crime commissioners have been so successful, as the Minister and the Government claim, why have so many of them let their police forces fall into special measures?

[Lord Sharpe of Epsom (Con)]

My Lords, I think I have partially answered that. I am delighted to say that Cleveland is starting to make serious progress on the engagement front. I have also answered a number of questions from the noble Baroness about police authorities before. For reference, they consisted of 17 members, nine of whom were elected, drawn from a local authority and reflecting its political make-up. The remaining eight were called independent members and were appointed from the local community for fixed terms. The implication in this House was that they were in some ways more democratic than the police and crime panels and police and crime commissioners. I do not think that is the case.

[Lord Deben (Con)]

Does my noble friend accept that, despite his answers, there is considerable unhappiness about this whole story? I understand how difficult it is for him but, frankly, it will no longer wash that an individual who has behaved in a wholly unsatisfactory way, as far as one can see, is just not taken to task. Will he agree to look at this again and find an answer for those of us who have been pressing for many years to try to get one?

[Lord Sharpe of Epsom (Con)]

I completely accept the noble Lord’s unhappiness—and possibly share it, because I have to answer this question on a regular basis. Unfortunately, the Government have no powers to intervene, as he will be aware, in the misconduct process. There are reasons why it has been held up, but I cannot say them.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, the Government have promised to make police and crime commissioners more accountable, because getting held to account only once every four years is not really enough. What exact measures will the Government put in place to make sure that they respond to the people for whom they are responsible?

[Lord Sharpe of Epsom (Con)]

The noble Baroness asks a good question. As she will be aware, we have passed secondary legislation to enact changes to the PCC voting system. This reform will clarify and simplify it and make it easier for the public to hold their PCCs accountable at the ballot box. We are increasing the transparency of PCCs by amending the specified information order so that PCCs are now required to publish additional information to allow the public to hold them to account, including their progress against the Government’s national priorities for policing, recent HMICFRS reports and additional complaints information. There are also recommendations to improve scrutiny, which I can go into. A lot has been done.

[Lord Cormack (Con)]

My Lords, month after month and year after year, Ministers stand at that Dispatch Box and give wholly unsatisfactory answers. There is deep concern, as my noble friend Lord Deben made plain a few moments ago, and as my noble friend Lord Lexden has made plain time after time. If the rules prevent my noble friend the Minister giving a satisfactory answer, one is tempted to quote Mr Bumble: if the law says that, the law is an ass. Will my noble friend try to do something so that, when he comes to the Dispatch Box next time, he can give a sensible and meaningful answer?

[Lord Sharpe of Epsom (Con)]

My Lords, I am sorry that my noble friend finds it unsatisfactory. I think it would be unsatisfactory for me to stand here and make a comment that might prejudice a judicial inquiry. I am not going to do that.

[Lord Dobbs (Con)]

My Lords, I pay tribute to the noble Lord, Lord Lexden, and his persistence in trying to learn the lessons from this hugely unfortunate episode. Law and order go to the very heart of what a civilised society stands for. I understand that the noble Baroness, Lady Casey, will tomorrow deliver a report on the Metropolitan Police that will give the police force yet another good kicking. Does the Minister not agree that it is not enough to leave all these things up to police and crime commissioners, let alone the Mayor of London? The Government have to take a central role in dealing with what is an ongoing and deeply serious problem.

[Lord Sharpe of Epsom (Con)]

My Lords, I agree up to a point. The Government are taking a central role, not least through the review into the dismissal process that I have talked about before. I have little doubt that that will become a topical subject within the next 24 hours. That will look into the composition of misconduct panels, including the impact of the role of legally qualified chairs; more broadly, it will look at things such as the appeals mechanism and the effectiveness of the performance system, including for officers who have failed vetting. That review was launched on 17 January and was said to take about four months to conclude. We are getting towards the end of that process, so there will be more to be said.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the Minister said he has no powers to intervene. He also said there is a judicial process in which he does not want to intervene. Can he give the House a date by which that judicial process will start?

[Lord Sharpe of Epsom (Con)]

I am afraid I cannot.

[Lord Butler of Brockwell (CB)]

My Lords, I will make what I hope is a helpful suggestion. Could the Minister not give a briefing to the noble Lord, Lord Deben, and perhaps to the Leader of the Opposition on a privy counsellor basis? If there is some good reason, they could then reassure those who are understandably indignant about this delay.

[Lord Sharpe of Epsom (Con)]

I am happy to reassure the House on that point. I am seeing my noble friend Lord Lexden this Wednesday. He chose not to mention it, but I will.

[Lord Hunt of Wirral (Con)]

My Lords, I declare an interest having, together with the late Lord Newton of Braintree, presented the seven Nolan principles of conduct in public life to Parliament. Does my noble friend the Minister recognise that two of those principles, accountability and openness, are not evident in the responses he has been able to deliver so far? Can he please ensure that all holders of public office know that they have to be

“accountable to the public for their decisions and actions and must submit themselves to scrutiny necessary to ensure this”?

On openness, they must

“act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.”

[Lord Sharpe of Epsom (Con)]

I accept the question from my noble friend. Yes, they are expected to adhere to the Seven Principles of Public Life, as determined and published by the Nolan committee. The office of the PCC is also expected to ensure that the PCC is adhering to the Nolan principles. In each force area, the actions and decisions of PCCs are scrutinised by their police and crime panels. On the case of Leicestershire—which I suspect is at least partly informing my noble friend’s question—I am happy that the standards are now being met there. They should have been met before, but the Government—as we have said before from the Dispatch Box in the strongest possible terms—expect that PCCs appointing to senior positions in their offices follow the process clearly set out in legislation. I am very pleased to say that Leicestershire is now doing that.