Security of Elected Representatives

Lord Sharpe of Epsom Excerpts

Thursday 29th February 2024 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 the security of elected representatives. This House brings together our nation. People from every part of our United Kingdom, every background, are represented here to debate—to argue—the best course for our country to take. That is the way it should be, because this House does not belong to any one community or interest group. It belongs to every citizen from every part of our country.

The decisions we take do not just affect the lives of our friends, our neighbours and our community. They affect every community, and every community’s voice—even those we disagree with—must be properly represented. That principle is at the heart of who we are as a country, and as a democracy. Our democracy works only if those who elect us are free to choose the individual they want—and if the individual they choose has the freedom to say what they think.

In recent weeks, we have seen those principles waver and the strain of rising community tensions is beginning to show. Instead of debate and accountability, we have seen intimidation and threats. Members of this House have told me that they feel they have to vote a certain way, not because it is the right thing for their communities or even that the majority in their communities want it, but because a few—a violent few—have made them fear for their safety, and the safety of their families. Even this House, which has persevered through fire and through war, has been pressured into changing the way we debate.

We all understand why. The assassinations of our friends Jo Cox and Sir David Amess have marked us all. We know there are extremists out there, and the truth is clear—the danger is real. But we also know that bending to the threat of violence and intimidation is wrong. It does not just betray those who sent us; it encourages those who, through us, are bullying them. Last Wednesday, demonstrators threatened to force Parliament to ‘lock its doors’. What these thugs are actually asking us to do is to put our constituents second, and to bow to those who are shouting loudest. That is more than a threat to us. It is a threat to the democratic principles and values that define who we are as a country. They must fail. If we stumbled or succumbed to their pressures, we would not see just this House diminished, but communities across our country suffer.

These pressures always existed but, since the 7 October attacks on Israel, they have spiked, along with a dramatic rise in anti-Semitism. They have been accompanied by demonstrations, some of which have caused profound distress and fear in the Jewish community and beyond.

British Muslims also face threats. Islamist extremists claim that other Muslims are apostates unless they are willing to destroy the society that gave everyone—including the many expressions of Islam—the freedom to worship as they choose. Far-right extremists are trying to say that Islam has no place in Britain. Both are trying to say that Britain is a divided nation, not a United Kingdom—and both are wrong.

The Government reject that agenda of isolation and fear. We are working to ensure that all voices in our democracy are heard. We are ensuring that those who have been elected to serve their community are able to do so without fear. That is why we are committing an additional £31 million of funding to protect the democratic processes and our elected representatives. This funding will primarily support MPs, councillors, police and crime commissioners, and mayors.

The Operation Bridger network, which already provides police support to MPs, will be expanded so that all elected representatives and candidates have a dedicated, named, police officer to contact on security matters where needed. Forces around the country will be able to draw on a new fund to deliver additional patrols, so they will be better able to respond to heightened community tensions. Working closely with Parliament and the police, we will provide access to private security for Members who face the highest risk.

Yesterday, the Prime Minister, the Home Secretary, the Policing Minister and I met senior policing leaders to discuss these issues. Together, the Home Office, the National Police Chiefs’ Council, the Association of Police and Crime Commissioners, and the College of Policing have agreed a new Defending Democracy Policing Protocol. It contains seven key commitments to implement minimum standards of policing at democratic events, to prevent intimidatory protest at home addresses and to ensure that protests at party offices, town halls, Parliament or other democratic venues do not inhibit democratic processes, with an emphasis on local risk and threat monitoring. PCCs and chief constables have been asked to report back on the implementation of these measures by April.

Before I finish, I pay tribute to our law enforcement and intelligence agencies, which keep us safe. This additional funding will help them to support us in undertaking our democratic duty. The people we are privileged to represent deserve nothing less. I commend this Statement to the House”.

--- Later in debate ---

[Baroness Doocey (LD)]

But I commend to him our paper from 2019, setting out proposals for the creation of a new online crime agency to effectively tackle online crimes such as personal fraud, and threats and incitement to violence on social media. We must work on a cross-party basis to tackle this scourge, and I know that we in this House, and all parties in the other place, will be united in this.

Politicians also need to be careful about the language they use. Talking about “no-go areas” in London or describing people exercising their democratic right to protest as “mob rule” is not helping anyone. Nor is the entry of Trump-style conspiracy theories into the mainstream of British politics—that should worry us all.

Politicians have been elected to do a job and should be able to do it without fear for their own or their family’s safety. It is also essential that they can continue to run face-to-face surgeries, which are an essential glue between the elected and the electors. We must all stick together to ensure that this contact does not disappear from our democracy, and that people from every background, gender and sexual identity can enter politics and represent people in safety.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank both noble Lords for their questions. I will start by agreeing with the noble Lord, Lord Ponsonby, about anti-Semitism—of course I agree, and he heard me make statements on that subject from the Dispatch Box last week. In terms of how this is a societal problem, and how anti-Semitism may start with Jews but does not finish there, I refer the noble Lord to the comments from Lord Sacks that I quoted last week.

I also highlight, because I think it is important, that the Prime Minister yesterday committed to four years of funding for the CST—Community Security Trust—at £18 million a year. This is a subject that the noble Lord, Lord Mann, asked me about in that debate, which I was unable to help him on. The Prime Minister announced that yesterday, and it is very welcome when it comes to combating, and protecting people against, anti-Semitism.

In terms of local communities, yes, Operation Bridger is the police network that introduces dedicated points of contact for all elected representatives. I stress the “all”. That can be “where needed”, which also applies to the noble Lord’s question about Members of this House—although I would also refer to parliamentary security, which is available. There is also a new local communities fund for the deployment of additional police patrols in England and Wales in response to increased community tensions. Local forces can draw down in response to potential flashpoints, which we think will bolster police visibility and help public confidence.

There is much on this in the defending democracy protocol announced by the Prime Minister yesterday. He explained, and it is outlined in the protocol—I will go into some detail on this—that:

“Protests at representatives’ parties’ offices, democratic venues (such as Parliament or Town Halls) or at political events (such as constituency fundraisers or meetings) should not be allowed to (i) prevent or inhibit the use of the venue, attendance at the event or access to and from it or (ii) cause alarm, harassment or distress to attendees through the use of threatening or abusive words or disorderly behaviour, in keeping with public order laws”.


So I would say that the answer is a strong “yes”; there is a lot in place to protect local councillors.

Where I have to say “no” is to the noble Lord’s invitation to me to comment on the previous Home Secretary’s comments. That seems to be asked of me in every single debate at the moment and, just for the record, I will never comment on previous Home Secretaries’ remarks.

In terms of the counterextremism strategy, the Security Minister in the other place said earlier today that work is ongoing on this. I cannot give a clear commitment beyond what he said there, in terms of timing and so on. In regard to non-crime hate incidents, that is of course kept under control. We will not be adopting the Labour Party’s proposals on this. The noble Lord will be aware that there were many difficult instances that were reported widely with regard to this in the past, and we will not go back to those at the moment.

Of course, I agree with him on the causes of the various incidents we have seen. I would expand that and say that it is not just government that needs to look at the causes; it is all of us. It is a societal problem, not just a political one.

I think I have answered all the noble Lord’s questions, so I will move on to the noble Baroness, Lady Doocey. Of course, I completely agree about social media. The Home Secretary was actually in California this week, and I know that he was talking to a number of the corporates the noble Baroness referred to. The Online Safety Act has been passed by Parliament; it has just come into force, but let us see if that does what it is intended to—one would certainly hope so. I can assure the noble Baroness that I do not read Liberal Democrat party policy papers; I doubt that she is all that surprised about that. But I would also say that she has a direct line that is not available to me to at least one of those major online corporates—so I would entirely agree with her that it is a cross-party issue to be resolved. Perhaps she could help.

It goes without saying that I agree that language and its use, and the care taken to express oneself, really does need to be very carefully observed by everybody who has any sort of platform.

[The Lord Bishop of Norwich]

My Lords, I thank the Minister for repeating this important Statement. The protection that will be offered to our elected representatives is vital, because this is a period of time of immense concern. As has already been mentioned, the impact, particularly on women and women of UKME heritage, both in person and online, is deeply troubling, as is the abuse suffered by Muslim and Jewish colleagues. Anti-Semitism has been said to be a “light sleeper”, but it is very much wide awake at this time, and a lot of Islamophobia is built on immense ignorance and stereotyping of people.

Those on these Benches work hard at community cohesion across this nation, and we often work very closely with leaders of other faith communities, trying to live out that injunction of Jesus to love our neighbours as ourselves. As the Minister has rightly said, all parliamentarians need to be careful in the use of the words with which we describe issues and things, to be careful that we do not incite further trouble. We need to learn that art, which is seemingly fast being lost from our society, of disagreeing agreeably. So I ask how, in the work of government, that sense of mirroring and modelling disagreeing agreeably might be lived out all the more. Given the ignorance around many other faith communities, how might priority be given to religious literacy across education and within our public institutions?

[Lord Sharpe of Epsom (Con)]

I thank the right reverend Prelate for his comments; he makes some very interesting points. We have been very clear that anti-Muslim hatred has no place at all in our communities, and that it will be stamped out wherever it occurs. It is a growing concern, as I think the right reverend Prelate has highlighted, for all of our communities. To effectively respond to it, we must properly understand it in all its forms and manifestations. We have been seeking the views and perspectives of experts in this field, which I hope would include the right reverend Prelate, to explore how religious hatred is experienced across all British communities. But it seems self-evident that one of the ways to combat this sort of ill-advised and poorly informed hatred is to educate and improve general understanding of the issues under discussion.

[Lord Hunt of Wirral (Con)]

I commend my noble friend the Minister for his wise words today. Yesterday in this Chamber, we spent some time talking about the importance of the freedom of the press. Against a background which we all accept as pretty serious and worrying, it is vital to maintain freedom of speech. People should be able to express their thoughts clearly. I speak as somebody who started on life at Hyde Park’s Speakers’ Corner in the 1960s, where I enjoyed tackling all sorts of issues and had feedback from all those who listened. Does the Minister not think that we ought to do everything possible, particularly in this year, to encourage people to come out and speak without fear of reprisal or of any effect they might or might not have?

If we look ahead to this year, there are two particular questions I would like to ask my noble friend the Minister. First, we are going to get a Dissolution of Parliament. If there is to be general election in May, it will come at the end of next month. What is going to happen so far as protecting candidates is concerned? As soon as there is a Dissolution, MPs are no longer Members of Parliament. What will be done to make sure that the protection will continue during what could potentially be a very testing period? Secondly, does this protection extend to the devolved nations? We must ensure that equal protection is given to all those who have elected office in whatever capacity in the devolved territories and that there are sufficient funds to make sure that they are adequately covered.

[Lord Sharpe of Epsom (Con)]

My noble friend raises some good points. I entirely agree that we should be encouraging debate around these subjects, that we should be tolerant of freedom and that we should encourage freedom. It seems to me self-evident that you can expose widely held fallacies only by, in effect, letting sunlight in as the perfect disinfectant. In terms of debate, the only sunlight you can let in comes via speeches, words and testing opinions and widely held fallacies. On that subject, we have to be careful around the taxonomy that we use when defining some of these hatreds because, again, we would not wish inadvertently to make certain discussions beyond the pale, shall we say.

As regards the devolved nations, defending democracy is a sovereign matter, but policing is devolved. We will work with the security services in those Administrations on the safety of their Governments. Any additional requirements on devolved policing will be funded in the appropriate way. I reassure my noble friend that the Government are looking at how to maintain security requirements during the Dissolution of Parliament when, as he rightly points out, MPs will no longer be MPs. However, Operation Bridger is very clear. A full-time, single point of contact in each police force will be introduced with responsibility for supporting all elected representatives where needed. Obviously, if an MP has stood down for that time, that does not mean that they are not still protected, where needed.

[Lord Russell of Liverpool (CB)]

My Lords, does the Minister agree that the other place is in a sense the vox populi that has an enormous influence on debate and on the tenor of how people feel in this country? The Whip system in both our major parties is extraordinarily effective in getting their adherents to vote along party lines, however much they might dislike it, demonstrating a commendable degree of discipline. It would be nice to see that discipline applied equally to those members of each party who choose to use inflammatory language, which is clearly unhelpful to them as individuals and certainly to their staff but also to all their colleagues.

My second point is that, in the event that a general election is called, the individuals running for office will no longer be MPs and the whipping system as such will therefore no longer be in effect. What role or responsibility will the central offices of the major parties have in trying to ensure a degree of discipline and coherence in what those who are running under their particular flags say during the election campaign? GB News is a good example of how a small flame can quite quickly create a gas explosion. I am worried about a lack of discipline unless, frankly, all the major parties are aware of this issue and are taking active steps to do something about it.

[Lord Sharpe of Epsom (Con)]

The noble Lord makes some good points. I would say that the other House is not the vox populi; it is elected to represent its constituents’ concerns, whatever those concerns might be. I take his points about the Whip system. I noticed that that system was enacted speedily and swiftly in circumstances that I suspect he was referring to earlier this week.

With regard to the general election, the ultimate decider of whether or not the messages being delivered on the doorstep are acceptable or appropriate is the electors in those constituencies. It is clear that parties—I would extend this to all parties—have clear rules about what is and is not acceptable, and I am sure they will be enforcing those rules as ruthlessly as necessary.

[Baroness Lawlor (Con)]

My Lords, I thank the Minister for the Statement, but I want to ask for some clarification. The Statement explains the support that the police are giving to ensure that the marchers and demonstrations do not have the appearance, to people going about their daily business, of being intimidatory. Could my noble friend explain more precisely what powers the police have to curtail marches in public places or where people are going about elected office, whether in town halls or in these Houses of Parliament, and whether they will use such powers to stop the very aggressive flag-waving and surrounding of buildings by marchers, which has the appearance to many people of being intimidatory? I note here that the Commissioner of the Metropolitan Police did not think that flashing or having banners saying “From the river to the sea” was anti-Semitic or intimidatory when the subject was first raised with him some months ago. Do the police have any powers to stop such inflammatory and, to my mind, anti-Semitic slogans being posted publicly or advertised, which are taken as intimidatory? To clarify, I am asking about the very aggressive flag-waving on some occasions of Palestinian flags and the flashing or use of that slogan on public marches.

[Lord Sharpe of Epsom (Con)]

My noble friend asks some interesting and, if I may say so, slightly difficult questions, because there is an invitation in there to comment on operational policing matters, as she describes, around Parliament and indeed on protests in general. I think the police have sufficient powers. Obviously, those coalesce around intimidation, harassment and intent, but it is a matter for context-specific decisions to be made by the police at the time. They are accountable for those decisions after the facts, but at the time it is difficult to second-guess why or how they did what they did.

With regard to projecting things on buildings, the legality of slogans and so on, I am sure that is one of those matters where we all have our own opinions. The act of projecting light on to a building is not itself illegal in the UK and it is not obviously likely to engage public order offences, but it is possible in principle to do certain things about it. This is a debate that will continue, and I do not think I should go any further on it.

Windrush

Lord Sharpe of Epsom Excerpts

Thursday 29th February 2024 Lords Chamber

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

My Lords, I thank all noble Lords who have spoken in this debate—they have made some very powerful speeches indeed. I start by offering my considerable thanks to the noble Baroness, Lady Benjamin, for securing this debate of course, but also more widely for the outstanding work that she has done on Windrush—whether it is celebrating the enormous contribution that the Windrush generation has made to our society, something we did last year for the 75th anniversary, or whether it is highlighting the injustice of the Windrush scandal. She has been nothing short of a shining light on this issue. For my part, I would like to personally salute the contribution of the Windrush generation, and of course their descendants. I associate myself with the introductory remarks of the noble Lord, Lord Griffiths of Burry Port, who earned much credit for them.

This is an issue of deep personal resonance to the noble Baroness, Lady Benjamin, of course, but it matters to us all, as the noble Lord, Lord Woolley, explained very powerfully. It has been clear from all the other contributions as well, and for that I am thankful. I too use Waterloo station and, like my noble friend Lord Bourne, I commend the memorial statue there: it presents a powerful and vital image. We all wish we could turn back the clock and prevent the pain and suffering that the victims of the Windrush scandal have had to endure. I say gently to the noble Lord, Lord Woolley, that numerous events were held across all departments last year. He will know that flags were flown, No. 10 held a reception hosted by the Levelling-Up Secretary and the Home Secretary, and the largest-ever Windrush Day grant scheme was launched.

We cannot turn back the clock, but we can strain every sinew to provide the people affected with the help they need and the compensation they deserve, while ensuring that the failings that happened previously can never be repeated. The noble Lord, Lord Adebowale, is right: the Government have a responsibility to all our people. Righting the wrongs is, has been and will continue to be a priority for the Government. I say to the noble Lord, Lord Hastings, that we are fixing things, and to the noble Lord, Lord Ponsonby, that there is an urgency to do this and to get it right. We are determined to ensure that everyone who suffered because they could not demonstrate their lawful status in the UK receives every penny of the compensation to which they are entitled. There is no cap on the amount that can be awarded, and our priority is to award the maximum compensation at the earliest point possible. I repeat the promises made by successive Home Secretaries that there is no end date for the Windrush compensation scheme, nor for the Windrush documentation scheme.

Reference was made to the 15,000 people and the figure of £200 million in compensation, but I stress that these are from the very early planning assumptions published when the compensation scheme was launched. It did not represent a budget or a pot of money to be drawn from. Despite extensive and ongoing outreach efforts, significantly fewer claims have been received and the Home Office has adjusted its planning assumptions accordingly. The noble Lord, Lord Davies of Brixton, asked about individuals and their documentation confirming their status or British citizenship. The number who have been provided with that documentation is now more than 16,800 and our experience has been that many of them have not suffered losses or detriment owing to being unable to demonstrate their lawful status in the UK, so they have not needed to claim compensation, but the Home Office encourages anyone who wishes to make a claim to do so. As I said, the scheme has no end date and there is no cap on the amount of money the department will pay.

[Lord Davies of Brixton (Lab)]

Is there any estimate of those who are not entitled to compensation but would be entitled if pensions and future earnings were part of the scheme?

[Lord Sharpe of Epsom (Con)]

My Lords, I will come back to the subject of compensation. I am going to attempt to address all the questions raised in the appropriate order. There is a lot to say and I have only 20 minutes to say it, so I ask noble Lords to bear that in mind when contemplating interventions. I will do my very best.

We have paid over £75 million in compensation. As of December 2023, over 80% of claims received had received a final decision and the majority of live claims were less than six months old. Payments to date include some very significant sums. More than 120 claimants have been paid over £100,000 in compensation. The noble Lord, Lord Ponsonby, asked about the 91% figure given by Laura Farris in the other place. As I said, 80% have had a final decision and 91% have had a final decision or have outstanding claims less than six months old, so that figure is correct.

The noble Baroness, Lady Benjamin, and others raised the question of speed. As I said, the Home Office’s priority is to award the maximum compensation at the earliest point possible. The changes that the Home Office has made to the scheme since its launch mean that people now receive significantly more money more quickly—I referred to the 80% figure. However, in answer to the comments of the noble Lord, Lord Hastings, about blanket amounts, I say that there are 14 different categories and each person’s experiences and circumstances will be different, so it is right that the Home Office takes the time to ensure that each claim is considered and understood carefully, so it can offer people the maximum compensation to which they are entitled. That said, the Home Office continues its efforts to reduce the time it takes to process claims. The length of time that individuals must wait for their claim to be allocated to a substantive decision-maker is now less than four months, down from around 18 months a year ago, and the four-month period includes all essential eligibility checks, together with a preliminary assessment to make an initial payment of £10,000 wherever possible.

The department is committed to ensuring people receive the compensation to which they are entitled, in all cases, including those where, understandably, there is limited documentary evidence. The scheme operates entirely on the balance of probabilities, and decision-makers receive in-depth training to ensure that this approach is applied fairly and consistently. Decision-makers use all the data and information available to them, and exhaust internal and cross-government routes before asking for more information from individuals. The Home Office also gathers information from third parties, paying for this where needed so that costs do not fall to claimants. That can include information from employers, HMRC, GPs and so on. We have a quality assurance team and an independent review process in order to ensure that all decisions are subject to a very high degree of scrutiny.

The compensation scheme was designed to be accessible to anyone, without the need for legal advice or assistance. For those who want or need support to make a claim, the Home Office provides free assistance through its independent claims assistance provider, the We Are Group. It has extensive experience of dealing with isolated and vulnerable people, and the Windrush team is also available on the phone to provide information and to discuss the process. In 2021 and 2022, the Home Office published new claims forms, developed in collaboration with stakeholders, which are simpler and easier to complete. Were our applicants allowed to recover legal costs in applying to the scheme, this may serve to encourage organisations to take advantage of potentially vulnerable people, charging them for unnecessary support.

On feedback and engagement with stakeholders and the community about the effectiveness of the scheme, as evidenced in the changes to the scheme since its inception we have continued that process, because the overhaul to the scheme in December 2020 significantly increased the amount of compensation awarded, and indeed the speed at which it can be paid. In 2021 and 2022, we published revamped claim forms, to which many noble Lords have referred. They were developed in consultation with stakeholders and are easier to complete. They are longer, but they are easier to complete, because they include more targeted and closed questions. The new forms have a Crystal Mark from the Plain English Campaign. As I have said, the changes were made in consultation with stakeholders, including the Windrush National Organisation, key advocates in the community who work collaboratively. Considerable changes were made to the forms while they were being redesigned, but if anybody cares to add to the process and make observations about the forms, the door is open and we are happy to listen.

In 2021, we launched a package of support to help those making, or those who have already made, claims on behalf of a relative who has passed away to obtain the legal documentation required to process their claims. In 2022, we broadened the homelessness category to allow awards to be made to people who were already homeless and then continued to be homeless due to an inability to demonstrate lawful status. We also introduced a fourth “living costs” category for close family member claims for costs incurred while supporting someone who lost their employment or benefits because they were unable to prove their immigration status. Last year, we made changes to the employment category which mean some people will be compensated for longer periods and receive more money, better reflecting their unique circumstances. Whenever changes are made, they are applied retrospectively.

To come back to the points that were raised by the noble Lord, Lord Davies, about why the scheme does not cover loss of employment opportunity, it is because this is a highly speculative issue, stretching across many facets of an individual’s life. The scheme cannot make financial determinations of this nature, since they will vary significantly from individual to individual. They depend on a multitude of factors which will be difficult and timely to assess in a fair and consistent manner.

In answer to the noble Baroness, Lady Burt, and the noble Lord, Lord Davies, the scheme does not cover occupational pensions because of the variable and complex nature of impacts on and future performance of those. However, through employment awards, individuals will recuperate the contributions they would have made into an occupational pension scheme at the time. Processes are also in place so that, where individuals were unable to work because they could not demonstrate their lawful status in the UK, their national insurance record is corrected so that their state pension entitlement is not affected.

On moving the Windrush compensation scheme from the Home Office, the Home Office firmly believes that moving the operation of the compensation scheme would risk significantly delaying vital payments to people. This was reinforced by Professor Martin Levermore, independent adviser to the scheme, in his report published in March 2022.

We continue to work to promote new applications to the scheme, and to engage with and gain the trust of affected communities. The scheme’s engagement team ensures there is regular dialogue with stakeholders from Windrush communities, who provide feedback and scrutiny. The compensation scheme engagement team supports events with external stakeholders from Windrush communities to provide the opportunity to speak to them about the impact the scandal has had on them and on their family’s lives. These engagement events also ensure that individuals and stakeholders get the correct information about the schemes—the Windrush documentation scheme and the Windrush compensation scheme.

Since February 2023, the Windrush compensation scheme engagement team has attended more than 30 events nationwide, including in the West Midlands, Bristol, Nottinghamshire, Yorkshire, Lancashire, Oxfordshire, Northamptonshire, Bedfordshire and London. This week, officials attended an event in Northampton which received positive feedback, commending the informative presentations and the benefit of over 120 conversations with Home Office staff. Events are planned during the first quarter of this year, including in London, Edinburgh, and Nottingham again. We are also looking at opportunities to work with communities in Wales and Ireland. These engagement events ensure that individuals and stakeholders receive accurate information about both schemes, and a large number of such engagements have taken place.

All noble Lords asked about scrutiny of the scheme and how the Home Office considers claims. As I have explained, we have a multilayered review process to ensure the compensation scheme has an appropriate level of external scrutiny. If I may, I will go into detail on those layers. The tier 1 review is conducted by a separate team that has not worked on the claim in question. The tier 2 review is an independent review process with the adjudicator’s office. The independent person, Martin Levermore, to whom I have already referred, regularly engages with officials and publishes annual reports on the scheme. His third report was published on 1 November 2023 on GOV.UK. The Home Office has published a fact sheet and granular transparency data on a monthly basis, which provides detail on a wide variety of aspects of both casework and review. The Home Affairs Select Committee provides external scrutiny and visited the department to scrutinise proceedings. The Home Office has also hosted other stakeholders, such as the Windrush Defenders Legal and the Independent Chief Inspector of Borders and Immigration, on open visits, giving access to Home Office caseworkers.

On the subject of the Windrush programme and the lessons being learned, the Home Office is absolutely determined to deliver on its commitment to righting the wrongs of Windrush. That work continues at pace, and I am not ashamed to use the phrase. As one would expect, and should expect, in any government department organisational structures change over time to ensure that delivery for the public is effective and delivers value for money. It has been decided that responsibility for delivering various Windrush response projects and recommendations will no longer be managed through a dedicated team in the transformation directorate but will instead be embedded in our everyday activities in other parts of the department. I forget who, but someone referred to it as being part of the departmental DNA. I can confirm, albeit anecdotally from my experience, that this is something that is considered in pretty much every aspect of the work that we are currently doing.

Most noble Lords asked about the promises that were made in regard to recommendations 3, 9 and 10. Wendy Williams recognised the scale of the challenge that was set by her 2020 Windrush Lessons Learned Review and applauded the department’s response in rising to the challenge. As the former Home Secretary set out in her WMS of 26 January 2023, she did decide not to proceed with some of the recommendations in the original form. I am afraid I am unable to comment further because there are legal proceedings in train on that particular subject. However, as I have just said, work remains ongoing on the majority of the recommendations, by way of embedding them into the DNA of the department, and that work will not stop.

[Lord Bourne of Aberystwyth (Con)]

I am very interested in the ditching of those key recommendations—most contributors felt that was wrong. Can the Minister confirm that the current Home Secretary will consider reinstating them, whatever the nature of the legal proceedings, as they are a vital part of the Windrush policy?

[Lord Sharpe of Epsom (Con)]

Again, I have to apologise to my noble friend. I would like to answer the question in detail but am unable to as a result of the legal proceedings. However, I will of course make sure that the Home Secretary is well aware of his and the House’s concerns about this matter.

The noble Lord, Lord Davies, asked about overseas engagement, particularly with regard to high commissions. We engaged with UK-based Caribbean high commissioners but we have also worked with British high commissions overseas to raise awareness of this.

The noble Baroness, Lady Bennett of Manor Castle, asked about education, which is incredibly important. On Windrush Day, the Department for Levelling Up launched a set of educational materials, which were uploaded to the National Windrush Monument website as part of the monument’s legacy programmes.

I have to confess that I have not read the book from the noble Baroness, Lady Benjamin—I will—but perhaps, as book recommendations are being handed out, I should also commend one from my noble friend Lord Popat, A British Subject, which is a very good read on this topic as well. I am more than happy to meet the noble Baroness, Lady Benjamin, at any time. Just to be fair to my predecessor, my noble friend Lord Murray attended two Windrush National Organisation conferences, so he did make himself available.

The Windrush story is one of the most powerful and uplifting in our country’s history. The people who arrived on that day in the middle of the 20th century and their subsequent generations have contributed so much across so many areas of our society, as has been noted by all speakers. That they would go on to suffer as they did is a source of profound sadness to them and us all—and shame. We owe it to them to put it right and significant progress has been made, as I hope I have set out. But the job is not done and noble Lords have my assurance that the Government’s determination to right those wrongs is undimmed.

Shamima Begum

Lord Sharpe of Epsom Excerpts

Tuesday 27th February 2024 Lords Chamber

[Lord Dubs]

To ask His Majesty’s Government what assessment they have made of the implications of the Court of Appeal’s judgment on 23 February depriving Shamima Begum of British citizenship, in particular with regard to whether she is now in effect stateless.

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

My Lords, we are pleased that the Court of Appeal has found in favour of the Government in Shamima Begum’s appeal against the decision to deprive her of British citizenship. It would be inappropriate to comment further, given the potential for further legal proceedings. The Government’s priority remains maintaining the safety and security of the UK.

[Lord Dubs (Lab)]

My Lords, I am sorry but that does not get us very far. Will the Minister confirm that Shamima Begum must still be regarded as innocent, although she has said that she is willing to come back to this country and face trial? Furthermore, will the Minister confirm that it is very likely that, at the age of 15, she was trafficked away from this country to Syria? Will he finally confirm that, in the wider context, many of our partners—the United States, France, Germany, Australia, Canada, Belgium and the Netherlands—have all repatriated women and children.

[Lord Sharpe of Epsom (Con)]

My Lords, the Home Secretary’s powers to deprive an individual of their British citizenship are used sparingly, but they have existed in law for over 100 years. The British Nationality Act 1981 provides for the current deprivation power; Section 40(2) allows the Secretary of State to deprive any person of British citizenship should they deem it conducive to the public good to do so, but the law requires that this action proceed only if the individual concerned would not be left stateless. All decisions are made in accordance with the 1961 UN Convention on the Reduction of Statelessness. I cannot comment further on the specific case.

[Lord Robathan (Con)]

My Lords, Shamima Begum went to Syria as a child, but for several years as an adult she lived under the murderous, brutal, ghastly anti-Semitic regime of Islamic State. She may have had some coercion in her marriage, but she was married and had three unfortunate children, all of whom, sadly, have died. Does my noble friend think that the majority of people in this country believe that such a person, who has shown through her actions that she despises this country, its people, its values and its morals, should be given back her citizenship?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, I am afraid I go back to my earlier Answer: it would be inappropriate to comment further on this specific case given the potential for further legal proceedings.

[Lord Reid of Cardowan (Lab)]

My Lords, when I was Home Secretary, I was told on a number of occasions that I could not take such action if it left someone stateless. I think that was confirmed by what the Minister said in his qualification. I do not hold a candle for Shamima Begum, and have never been known as a sympathiser of Islamist practices or beliefs, but is it not inappropriate and illegal to remove someone’s citizenship if it leaves them stateless? I would like a yes or no answer, because I may have been told the wrong thing when I was Home Secretary.

[Lord Sharpe of Epsom (Con)]

The noble Lord is right. The Home Secretary has the power to deprive any British national of citizenship status on conducive to the public good grounds, providing that such action does not leave the individual stateless. In this case, the Court of Appeal found for the Government on all grounds.

[Lord Dobbs (Con)]

My Lords, there is a strong impression that citizenship has now become a matter of judicial ping-pong, which is clearly unsatisfactory. My noble friend mentioned the British Nationality Act 1981; that is nearly 50 years old, and a lot has changed in this world since. Should we not have a fresh look at the meaning, rights and responsibilities of citizenship in this country, and is not this Chamber the best place for that debate?

[Lord Sharpe of Epsom (Con)]

My noble friend raises some very good points, which I am happy to take back to the Home Office. I reiterate that this power is used very sparingly and only in conducive to the public good circumstances.

[Baroness Butler-Sloss (CB)]

To pick up on the point raised by the noble Lord, Lord Dubs, about other British citizens in the Syrian camps, are the Government thinking of reviewing how other countries are taking back their citizens or do they refuse to consider it? If so, why?

[Lord Sharpe of Epsom (Con)]

The Government keep all these tragic cases under careful review. Where there are compelling circumstances, we will of course look at them again. Decisions on the return of British unaccompanied minors and orphans to the UK, where feasible, and subject to national security concerns, nationality and identity checks, and so on, are made on a case-by-case basis.

[Baroness Hamwee (LD)]

My Lords, does the Minister acknowledge that one reason why there is a call for people to be brought back to this country to stand trial in our courts is that the alleged offender—in this case, she was an appellant—has access to her own advisers and expert witnesses have access to the alleged offender to assess matters such as trafficking? SIAC commented on the distinction between its position and that of the press, which somehow gained access to her.

[Lord Sharpe of Epsom (Con)]

I am grateful that the noble Baroness brought up SIAC—the Special Immigration Appeals Commission. It ruled that the legislation should be construed as requiring the Secretary of State to seek prior representations from an individual, but that in Begum’s case the failure to do so did not change the outcome or invalidate the deprivation decision. The Court of Appeal has ruled that, in fact, the legislation does not require the Secretary of State to seek representations prior to making a deprivation decision. I take the noble Baroness’s point, but SIAC’s ruling was clear.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I wish to ask about the counter-extremism strategy. One in five people arrested for terrorism-related offences are now under 18, up from one in 25 in 2019. That is a worrying trend. The Government have failed to update their counter-extremism strategy for eight years now. Will they now commit to updating that cross-governmental strategy, with particular focus on preventing extremism in young people?

[Lord Sharpe of Epsom (Con)]

My Lords, we discussed that subject at some length last week, when talking about anti-Semitism, and of course the situation has evolved somewhat since then. I take the noble Lord’s points, but refer to some of the things that have been done and put in place by the Government on youth engagement and schools and education. For now, I will take his points back to the Home Office, but I cannot update him further.

[Lord Ranger of Northwood (Con)]

Does my noble friend the Minister agree that the primary function of His Majesty’s Government is national security and the security of citizens in this country? In this case, Shamima Begum being of concern to national security was a point made as to why the decision went against her. Furthermore, while I have sympathy for her as an individual, I spent last week with Andrew Drury, a filmmaker who has spent much time with her; he has described her in detail as untrustworthy and as showing no remorse for what she has been doing in her time out there. As such, with the primary function here being national security, does my noble friend agree that this is the reason that British citizenship is being withheld from this individual?

[Lord Sharpe of Epsom (Con)]

My noble friend raises some interesting points. As I said earlier, the Secretary of State can deprive someone of British citizenship only where he considers that it is conducive to the public good to do so. That includes consideration of the need to protect all UK citizens, both in the UK and abroad. Once again, I will not comment on the specifics of this case.

[Lord Paddick (Non-Afl)]

My Lords, is the Rwanda scheme, which plans to export legitimate refugees, a natural extension of this scheme, which makes those accused of terrorism someone else’s problem by depriving them of their British citizenship?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, I would not use a term such as “export”. I point out to the noble Lord that the asylum seekers he is talking about have arrived in this country illegally from a safe country—a point that often gets neglected to be made by certain Benches. I have explained the justification. Do we expect other countries to take responsibility for UK-grown terrorist threats? No, we commit to working closely with our partners to reduce the risk that is posed to us, collectively, by foreign terrorists.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I am not very good on the rules of your Lordships’ Chamber—I admit that—but I would have thought that the noble Lord, Lord Ranger, raising gossip here in the House is not appropriate. Furthermore, Shamima Begum has been rendered stateless by this Government’s decision, simply because Pakistan says she has never lived there and never been a citizen—

[Baroness Jones of Moulsecoomb (GP)]

Sorry—I make mistakes. She is in fact stateless now.

[Lord Sharpe of Epsom (Con)]

I am afraid that I have to say again to the noble Baroness that the Court of Appeal found for the Government on all grounds.

Anti-Semitism in the UK

Lord Sharpe of Epsom Excerpts

Wednesday 21st February 2024 Lords Chamber

[Lord Palmer of Childs Hill (LD)]

My Lords, I thank the Minister for the Statement. It is warming to see the Government taking things seriously. I will not raise many more questions as to what they are doing because I think we all want to do something to cut down on anti-Semitism.

I welcome the comments on and compliments to the Community Security Trust, which the noble Lord, Lord Coaker, referred to. I must declare that I am a member of the CST’s advisory board, although my advice is rarely sought. It does an incredible job, not only on the statistics on which we base a lot of our information but in the security it presents to the Jewish community in the UK. I do not know whether anyone has had a chance to go to the CST’s headquarters in Hendon. It has an array of television monitors that are the envy of Scotland Yard. There are rows and rows of them. How do they cope with recording things at each individual site? They are monitored and are activated by movement, so although you might have 100 monitors they may be covering 1,000 sites, because they do not come on until there is physical activity in that area. It is state of the art and quite amazing.

We all decry anti-Semitism, but it appears, sadly, that no political party is immune from it. It is rampant in the UK, and if it is rampant in the UK it will be rampant in organisations, including political parties. When it comes up in any political party, it is the duty of that political party or administration to stamp on that anti-Semitism. Take politicians as an example: they stand for the local council or for Parliament and people carry out due diligence, but sometimes they do not come out, at that time, with the feelings that are abhorrent to us all.

It was a horrific time, on 7 October, when there was a massacre on the borders of Gaza, in Israel. People were killed, murdered and slaughtered. A couple of hundred people were taken hostage, some of them from a music festival. The other day, I met here in this House a woman in her early 20s who was at that music festival—a gig that many of us, our children or our grandchildren might have gone to if it had been in the UK. She survived because she was underneath all the dead bodies. What trauma that is. That is a harsh example of anti-Semitism.

We are thankful to the CST for giving us this information: Israel had not yet responded on 7 October but there were 31 incidents of anti-Semitism in the UK that day. This continued until it peaked on 11 October, with 80 incidents in the UK. The week following 7 October saw 416 anti-Semitic incidents. The speed and number of these incidents on or after 7 October appear to show that this increase in anti-Jewish hate—that is what it is—was a celebration of Hamas’s attack. It was not just what everyone wants to believe: they were actually celebrating the attack. The subsequent response has added fuel to the flames.

I have seen this anti-Semitism in my own locality. There is a kosher supermarket which I patronise. On a week when I was not there—otherwise I could have been a hero—a man with a knife attacked the shop owners in Golders Green. Recently, there have been a number of incidents; it is hard to pick them out. One of the most horrifying ones was in a theatre in London, where the stand-up comedian decided, as part of his act, to wave a Ukrainian and a Palestinian flag, and invited the members of the audience to stand up and clap those flags. One guy in the audience was an Israeli, there enjoying the show, and he did not stand up—he did not make a fuss but he did not stand up. The comedian picked him out and he and the audience forced the guy out. The anti-Semitism forced him out of the theatre. This is the reality of how anti-Semitism is working in many fields.

I understand what is sometimes behind many of the people on the marches which take place—a horror at the Palestinians’ suffering in Gaza. I sympathise with and understand that. But I must say that, as an Orthodox Jew in the UK, I am reminded somewhat of the Duke of Wellington’s comment “I don’t know what effect they will have on the enemy but by God they frighten me”. I do not know what effect they are having on people in Parliament, but I will tell you the effect they have on the UK Jewish community.

The CST, which has been mentioned, works in schools in the UK to protect the people of those schools. At the moment, there are Jewish parents who are not sending their children to their Jewish schools because they are frightened. If they are sending them, they are telling them not to wear the school blazers or their yarmulkes—their head covering—because it will identify them. This is the UK, this is the country we live in, and this is not how it should be. My local synagogue has had security outside it forever; I used to do the security until they decided they would probably kill me first. But it is just something in practice.

So anti-Semitism is here, and it is rampant. The noble Lord, Lord Coaker, asked a number of questions; I will not repeat any of them because, in fact, the Government have understood what the problem is. The Labour Front Bench understands it and my Front Bench understands it. We must support the police, and support the Government, of whatever hue they are, in dealing with the dreadful horror of anti-Semitism that sadly exists in this country.

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

My Lords, I thank both noble Lords for their comments. On 19 February, my right honourable friend the Policing Minister made a very powerful Statement in the other place. He stated very clearly:

“This Government will not stand for antisemitism of any kind”.—[Official Report, Commons, 19/2/24; col. 500.]


He added that nothing could ever be used for its justification. He is, of course, right. Anti-Semitism is deplorable, and it is worse now than I have ever known it.

I turn to the late, great Rabbi Jonathan Sacks, formerly of your Lordships’ House, for some words to sum up my feelings on this. With the House’s indulgence, I will repeat them and I sincerely hope I speak for many. He said:

“Jews cannot fight antisemitism alone. The victim cannot cure the crime. The hated cannot cure the hate. It would be the greatest mistake for Jews to believe that they can fight it alone. The only people who can successfully combat antisemitism are those active in the cultures that harbour it. Antisemitism begins with Jews, but it never ends with them. A world without room for Jews is one that has no room for difference, and a world that lacks space for difference lacks space for humanity itself”.


I think that is very powerful.

I join both noble Lords in praising the work of the Community Security Trust, which I hope to visit very soon. I hope that my private office is busy, as we speak, arranging that. I also join the noble Lord, Lord Palmer, in noting that the rise in some of these incidents spiked after 7 October, but before there had been any military response by Israel, which really illustrates the pernicious nature of what we are talking about.

If I may, I will get on to the specific questions. I was asked a lot, and unfortunately, owing to my long-windedness, I will probably go a little over time—but I will not apologise for that as I would rather answer the questions.

The noble Lord, Lord Coaker, backed up by the noble Lord, Lord Palmer, asked what we are doing to protect Jewish schools. Department for Education Ministers have written to university, school and college leaders, urging them all to ensure that Jewish students are protected and, of course, are offered our support. That is part of the continued engagement with the sector to ensure that settings have the tools they need to act swiftly to tackle anti-Semitic abuse and discriminatory rhetoric.

The terrorist atrocities carried out against the people of Israel are of course horrifying, and anti-Semitism in British society will not be tolerated. This extends to our schools, colleges and universities. So the department is working with all relevant authorities to keep Jewish pupils, students and educational staff safe. We are providing an additional £3 million for the Community Security Trust to provide additional security at Jewish schools, synagogues and other Jewish community buildings. The Government’s Educate Against Hate website provides support for pupils to challenge racist and discriminatory beliefs, and we are due to imminently send letters to schools outlining advice on managing sensitive discussions around anti-Semitism.

The funding for the Community Security Trust will be maintained next year, with a total of £36 million available for the protection of UK Jewish communities between 2023-24 and 2024-25. The Prime Minister has also announced a number of other aspects to this funding. As I mentioned already, it is to provide security at schools, synagogues and other community sites.

I will also comment on the remarks made by the noble Lord, Lord Coaker; I was talking to somebody who works at the Community Security Trust. They pointed out, in a very powerful comment, that in most schools the alarms are for people to get out. In Jewish schools, they are for people to stay in and hide under a table. That is what we are talking about. The Chancellor’s Autumn Statement confirmed that protective security funding for the Jewish community would be maintained at £18 million in 2024-25.

The noble Lord, Lord Coaker, also raised the important subject of Islamophobia and anti-Muslim hate. The Government have made an additional £4.9 million of funding available for protective security at mosques and Muslim faith schools, which brings the total funding to £29.4 million for both 2023-24 and 2024-25. We obviously have to listen to the concerns with the same attentiveness. The Government have made additional funding available. The total funding is a good number and is, I believe, delivering the appropriate safeguards. We have also extended the deadline for the protective security for mosques scheme and continue to invite mosques and Muslim faith community centres to register for protective security measures. I am grateful to the noble Lord, Lord Coaker, for referring to the work of Tell MAMA, which he will know has been supported by DLUHC to the tune of £6 million, I think, since its inception.

I will move on to the subject of the police and their powers. The police are fully aware of the powers available to them. I believe there have been more than 600 arrests so far. I take this opportunity to thank the police for their work; six officers were injured over the weekend in these protests, and I wish them a speedy recovery, as I am sure all noble Lords do. Of those 600 arrests, I believe that more than 30 were made for terrorism-related offences.

That the police are fully aware of their powers has been repeatedly demonstrated, most recently with respect to a convoy planned from the north of England to north London, many parts of which have Jewish communities. The police stopped that convoy because they were concerned it would inflame tensions and engage in intimidatory behaviour. Under Sections 12 and 14 of the Public Order Act 1986 the police have powers to impose conditions on protests to prevent specific consequences, including serious public disorder, serious disruption to the life of the community or intimidation. The police can impose any condition they deem necessary to prevent these harms occurring and have made repeated use of these powers—for example, to prohibit protests outside the Israeli embassy and to ensure that vulnerable communities are protected.

The recent protests have seen a small minority dedicated to causing damage and intimidating the law-abiding majority. We respect the right to protest, which we regard as paramount in our country, but dangerous behaviour must not be tolerated. Noble Lords will remember that we announced new powers last week—for example, banning the use of face coverings, about war memorials, on using flares and so on.

As regards the recent protests, the Chancellor set out in his Autumn Statement that we are giving organisations such as the Holocaust Educational Trust £7 million over the next three years. That, as I said, goes into the overall protective security funding for the Jewish community.

However, we need to be very careful when we are criticising the police for actions they may or may not have taken at individual marches. It is difficult to judge what it is like when you are in a protest and trying to police it. We should trust the police. We know that they have good advice in the control rooms and so on, and that they are doing their very best under difficult circumstances. Once again, I praise their efforts.

The noble Lord, Lord Coaker, asked about the hate crime strategy and action plan. We are not intending to publish a new plan at this time, but we remain committed to continuing to protect all communities from crime, and we have a number of programmes in place to do so. Our absolute priority was to get more police on the streets. I will not rehash the numbers, but noble Lords will know that we were successful in that endeavour.

As regards non-crime hate incidents, the Government introduced a new code of practice to make the processes surrounding the recording and retention of personal data subject to stronger safeguards. The code better protects the right to freedom of expression, while respecting the operational importance of NCHI recording for the police in protecting vulnerable people and communities from harm. However, the code makes it clear that instances that include personal data can and should be recorded if the event presents a real risk of significant harm and if there is a real risk that future criminal offences may be committed. We would like to make it absolutely clear that the code relates only to non-crime hate incidents; it does not amend the hate crime framework in any way, shape or form.

The noble Lord, Lord Coaker, asked about the birth certificate incident that was widely reported. I happened to be with the Home Secretary when we were made aware of that, and he immediately asked officials to investigate the matter. Appropriate action will be taken, but at the moment investigations are ongoing.

On online hate crime, again the Government are clear that online offending is as serious as offline offending. We have very robust legislation in place to deal with threating and abusive behaviour or behaviour which is intended or likely to stir up hatred. This applies whether it takes place online or offline. The Home Office regularly engages with the tech companies about unlawful conduct on their platforms and shares information about the threat landscape. I believe the Home Secretary is visiting the west coast of the USA shortly, which will allow him to raise these matters with the companies concerned.

The Government have worked with the police to fund True Vision, which is an online hate crime reporting portal, designed so that victims of hate crime do not have to visit a police station to report. The Government continue to fund the national online hate crime hub, which is a central capability designed to support individual local police forces in dealing with online hate crime. We also made hate crime a priority offence in the Online Safety Act, which received Royal Assent in October last year.

Finally, the noble Lord, Lord Palmer, gave us some personal reflections on the kosher supermarket and restaurants. I saw a clip of that online, and I appreciate the points that he made. Let me be clear: in this, as in all the other subjects that are under discussion this evening, we have a robust legislative framework in place. We expect the police to fully investigate these sorts of offences and make sure that those who commit them feel the full force of the law. Anti-Semitism, or indeed any other form of intolerance of that type, is completely unacceptable in this country, and we have to be vigilant in our efforts to combat it.

[Lord Mann (Non-Afl)]

My Lords, I refer to my entry in the Register of Members’ Interests. I would like to confirm with the Minister, and thank him if it is the case, that he announced three-year funding for the Community Security Trust. That is a welcome change of policy that for some years I have pressed the Government for, and it will make the trust’s work much easier.

In my view, there is a sinister change in what is going on with anti-Semitism beyond the noise, which is bad enough: it is the very specific, organised and co-ordinated targeting of individual Jewish people, at work and in their accommodation, in ways that we have never seen before. I do not mean awful random violent acts of anti-Semitism, which of course are dangerous and threatening for all of us and something that we need to deal with, but the co-ordinated targeting of people, isolating them and organising pile-ons to force them out of workplaces—in some cases off student courses and in other cases out of accommodation, but particularly from the workplace. That co-ordination is something that we have not seen in this country.

I urge the Minister to agree with me that, for the Jewish community to be safe, this crisis of anti-Semitism is going to require the maximum detailed co-operation between all parties in this House, because this scourge is already out of control and lives are being ruined that we are not even seeing. We are going to see more of that as they surface, because people are alone and terrified and are being picked off.

[Lord Sharpe of Epsom (Con)]

First, if I make a correct the record, I may have said three-year funding but I should have said two-year funding. If I mis-spoke, I apologise.

On the points that the noble Lord raises, I completely agree. The targeted stuff that he refers to is a particularly pernicious form of anti-Semitism, and I too have seen evidence of it. The police are aware of it, and I hope they will crack down on the perpetrators. The noble Lord is right that it needs a cross-party response, but to some extent he is missing the point: it needs a cross-society response. It is not just us in here; everyone has to get on board with this.

[Baroness Lawlor (Con)]

My Lords, I thank the Minister for bringing this Statement to the House and I thank the Government for making it.

I too welcome the Community Security Trust. The noble Lord, Lord Coaker, referred to the reported figures of anti-Semitic incidents being up by 147% last year on the previous year. One such incident, which was reported on 12.55 pm on 7 October, was of a car passing a synagogue in Hertfordshire with a Palestinian flag raised and an occupant inside putting his fist and arm out, shaking his fist in the air towards the synagogue that he was passing. By Monday 9 October other crimes were on the increase. A piece of graffiti was sprayed on a bridge in Golders Green, saying “Free Palestine”. I ask the Minister: what steps have been taken to find the perpetrators of each of the incidents that have been reported and recorded? No perpetrator should go without the sanction of the law.

The noble Lord, Lord Palmer, referred to the pro-Palestine demonstrations that we see on our streets in this country. In today’s protest outside Parliament, crowds were chanting “Free Palestine” and waving Palestine flags. They were right up to the metal barriers of this Parliament. Does the Minister not consider that if the police do not have the powers under the Public Order Act 1986 to impose conditions, perhaps that Act might be considered so that such conditions could involve moving those crowds across the road, so that they are not intimidating people trying to get into Parliament? Whether those are parliamentarians, members of their teams or people working on the Parliamentary Estate, it is something of an ordeal to have to pass through those crowds. Now I hear that the people working in this Parliament must leave the estate by an exit where they will not encounter these crowds. In another age, they might have been called mobs.

Do the Government not think it a stain on the honour not only of the country but of the way we are conducting our policing for such marches and intimidation to take place? There is a very fine line dividing the words “From the river to the sea, Palestine will be free” from the slogans we see on the railings at our entries to Parliament of “Free Palestine” and the flag waving. I would like to know whether there are powers to impose conditions of moving them away from these Houses of Parliament, where we applaud free speech and no one should feel intimidated when coming in. What powers are needed?

I am glad about the increased funding but I would like the Minister to think further. Can he say whether, in providing all this money to protect synagogues, we need to do more to protect people going about their normal business when they are interrupted or intimidated by marchers?

[Lord Sharpe of Epsom (Con)]

My noble friend asks a number of questions which I am afraid impinge on the operational activities of the police. I am obviously not able to comment on those. On whether we are satisfied that the police are sufficiently aware and have sufficient powers to stop marches and control public protest, we are, and I went into that in some detail earlier. Crowd policing is a very difficult thing to do, for obvious reasons. In some cases, I would absolutely defend the police’s right to carefully gather evidence and consult the experts whom they have available to them before potentially inflaming tensions—this is me dangerously straying into operational areas; I probably should not say even that—because the decisions that the police take have to be context-specific. It is not right for us to second-guess those decisions; the police could of course be challenged on them afterwards if they are found wanting.

We need to be careful when talking about these things, but we are confident that the police have the right powers. I am not aware of any particular incidents today. I did not feel particularly intimidated, although I completely accept that my noble friend might well have done. I am sure all those feelings and thoughts are being taken into account by the House authorities and by other police when they keep us safe.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I really thought that the noble Lord, Lord Mann, spoke very powerfully and that it was not hyperbole. We almost cannot describe how serious the mood is at the moment. This is a serious time, historically, in terms of anti-Semitism, and this is not just some rhetorical flourish. I want to have that on record.

I am not frightened by the phrase “Free Palestine”, and I do not want to give the Minister any more excuses to clamp down on demonstrations or free speech, because goodness knows he has done a fair amount of that over the period I have been here. However, it is grim, or maybe fitting, that this Statement on the frighting rise of anti-Semitism is against the backdrop of the debate today on a Gaza ceasefire in the other place—albeit performative, because I note that not one life will be saved and there will not be a ceasefire as a consequence of this. That debate descended into a nasty mood of sectarianism. Worse, tonight we are hearing dark allegations that physical threats were made to elected Members, poisoning the democratic procedures of this Parliament. You associate anti-Semitism with those kinds of dark stories. We are in a building that has witnessed it today, never mind the protestors outside.

A much smaller incident that I would like the Minister to comment on is one that cheered me up. It might sound minor, but, after the unpleasant incident earlier this week of the Star of David necklace on the statue of Amy Winehouse being covered up, which the noble Lord, Lord Coaker, rightly referred to—it was so shocking, even though it seemed so small—I was pleased to see that a non-Jewish member of the public had gone out of their way to skive off work and scrape off the sticker from the statue. I know that because it was reported by the group Our Fight, a new grass-roots campaign of non-Jews challenging British anti-Semitism, which was set up after 7 October.

Would the Minister agree on the importance of such solidarity, which cuts across identity politics and all sorts of party tribalism? This was summed up by the New York mayor, Eric Adams, when he said in a speech:

“Israel, your fight is our fight”.


So much of the anti-Semitism we are seeing today, and much of the reaction to the war in Gaza, is, I am sad to say, around religious and racial identity and some of the most divisive, regressive sides of society. We should call for a universal condemnation of the racism of anti-Semitism.

[Lord Sharpe of Epsom (Con)]

I agree entirely with the noble Baroness. She will know that I am not brave enough to restrict her freedom of speech in any way. I think this goes back to what I said when I quoted Rabbi Sacks. He pointed out that anti-Semitism may begin with the Jews but it does not end there, so it is for all of us to combat it.

[Lord Leigh of Hurley (Con)]

My Lords, I thank the Minister for his words, and particularly for reminding us of the wise words of the late Chief Rabbi, Lord Sacks of Aldgate. I echo the comments of the noble Lord, Lord Mann. It is as he says, but it is actually worse.

I was talking to a beauty journalist yesterday and she was telling me of the tweets going around about beauty products, telling people not to buy from certain businesses as they are owned by a Jewish person and not to buy from certain businesses as they are owned by a person who supports Israel. It is biting, and it is not just beauty products but clothing products and any Jewish business. This is truly shocking. This last happened 70 years ago. It is spiralling out of control. Jewish businesses are being targeted because they are owned by Jewish people, and people are responding to it. I do not know what the Government can do about that.

As I mentioned earlier in this Chamber, I am president of Westminster Synagogue. On Saturday, the police told us that they would protect us. They sent 20 police officers and four vans, because the demonstration walked past our synagogue, and they felt that was necessary. That demonstration included people chanting anti-Semitic slogans and the expression “From the river to the sea”, which means genocide of the Jewish people in the State of Israel. Of course, the police did not do anything to stop those chants and protests. They did, however, take one person away. That person was standing behind a railing with a banner saying, “Hamas are terrorists”. He was manhandled by the police, his arms were locked and he was walked away. My noble friend the Minister says that the police are restricted in what they can do; they seem to be selective in deciding what to do.

Of course, I do not expect my noble friend the Minister to have answers to all these specific instances tonight, and I can only add to the praise of CST, of which I am proud to be a supporter. I commend Sir Gerald Ronson’s incredible work in promoting CST to the organisation it has become.

I add that it was extremely disheartening to see the disgraced academic David Miller allowed to tweet out his vile abuse of Jewish charities, and it was very disappointing that the University of Bristol failed in its case. One can only think that it did not try particularly hard. I hope the Government will think through how they can take action to stop people like David Miller from posting such vile abuse to people who are just trying to be philanthropists and to help others in need.

[Lord Sharpe of Epsom (Con)]

I thank my noble friend. I heard his comments about the synagogue and the march this afternoon in another Question. On that incident, as I said, it is very difficult to second-guess the police after the fact. I appreciate where my noble friend is coming from. The decision obviously has to be context specific. But the police are accountable for their actions and, speaking from a personal point of view, I read a good article in the Spectator yesterday by our noble friend Lord Godson. He was right to raise the questions that he raised in that article, and we are all right to question the police, after the fact, about why they did what they did, how they did it and all the rest of the operational matters that they have to remain responsible for. On the targeting of businesses, I have seen some of this stuff online, and I am afraid it disgusts me as well. I am not sure what the Government can do, but this is obviously noted, and I will take it back to the Home Office.

House adjourned at 9.07 pm.

Immigration Rules and Border Security

Lord Sharpe of Epsom Excerpts

Wednesday 21st February 2024 Lords Chamber

[Lord Coaker (Lab)]

My Lords, there is yet more chaos at the borders as we learned yesterday of a failure to check hundreds of high-risk flights for the obvious threats of trafficking, serious crime and terrorism. The Government dispute the figures, so let me give them an opportunity to say whether all the high-risk flights were checked. What are the figures that the Government believe, not only for London City Airport but across the UK, and are they all properly checked?

Instead of getting a grip, the Government sacked the inspector immediately when he was being forced to leave next month anyway. Some 15 of his reports remain unpublished, including revelations of visa failures in the care sector, with 275 such visas issued to a non-existent care home. When will these 15 reports, being sat on by the Home Office, be published, and when will there be a new independent inspector to oversee our borders and immigration arrangements? Border security is too important for confusion, delay and incompetence but, too often, that is what we get from this Government.

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

I thank the noble Lord for his questions, and I will do my best to answer them all. I can reassure anyone from the public who happens to be watching: Border Force performs checks on 100% of scheduled passengers arriving in the UK and risk-based intelligence-led checks on general aviation. It is disturbing that information with no basis in fact was leaked by the independent chief inspector to a national newspaper before the Home Office had the chance to respond. As a consequence, Mr Neal lost the confidence of the Home Secretary, as he pointed out in his WMS yesterday. I cannot really improve on his words:

“I have terminated the appointment of David Neal, the Independent Chief Inspector of Borders and Immigration, after he breached the terms of appointment and lost my confidence”.


In terms of the checks at London City Airport, Mr Neal was very aware of a specific issue with the recording of data there that meant that a large proportion of flights recorded as high risk should have been reclassified as low risk. As I have already mentioned, all notified general aviation flights are categorised as high risk or low risk based on a number of factors. These are primarily related to persons on board, but additional factors can relate to intelligence about the aircraft and other matters. A flight may be remotely cleared when it has been assessed using the risk assessment as low risk, and for high-risk flights in certain circumstances only. A remote clearance requires, as a minimum, a digital record check on Home Office systems for all passengers. Where we are notified of a general aviation flight, we clear 100% of high-risk and low-risk flights remotely or in person, in accordance with the general aviation guidance.

I am not sure when the new replacement will be recruited. It is a very important position, and an appointment will be made following robust competition in accordance with the Governance Code on Public Appointments. As regards the publishing of the other reports, it is undeniably unfortunate that circumstances have delayed the publication of certain inspection reports. I will say that the one that was leaked was well within the time limit, and the Government had not been given an opportunity to respond and were still fact-checking, for the reasons I mentioned earlier. These will be published as soon as possible.

[Baroness Brinton (LD)]

My Lords, why did the Government not follow the advice of the social care sector and ensure that only CQC-registered homes and businesses could accept social care workers? That would have helped overcome the problems. Will that be considered from now on? It is clearly important to the sector, which needs the employees, and everyone else.

Can the Minister also explain how Ukrainian family members whose own circumstances in Ukraine may include being bombed out of their homes, for example, will now no longer be able to join their families here under changes to the Ukrainian scheme?

Finally, the Minister referred to unpublished reports by David Neal, the former chief inspector. The Government may have been checking only the last one, but can the Minister explain why 15 reports have not been published and give us a date when they will be published by?

[Lord Sharpe of Epsom (Con)]

To answer the last question, I say that the date is soon. I am afraid that I cannot improve on that. They all require fact checking and a variety of other things. In terms of the Care Quality Commission, that is precisely what we are doing. It was made very clear the other day that, additionally, care workers in England will be able to sponsor migrant workers only if they are undertaking activities as regulated by the Care Quality Commission going forward.

Ukrainian family members can still come. It is just that we are unifying the schemes currently in existence. The old family scheme allowed settled Ukrainian sponsoring family members to come here. That settlement used to have only a six-month qualification. They can still come under the Homes for Ukraine scheme. The sponsors can now be British, Irish or settled in the UK, and that obviously includes family members. This scheme was greeted favourably and with some very positive comments from the Ukrainian embassy, which I am happy to recount if anybody would like to hear them.

[Lord Mann (Non-Afl)]

My Lords, my wife and I drove trucks for our family business regularly through Calais to Dover, and we are very aware of the weaknesses in the systems and pressures from people smugglers attempting to come in through commercial vehicles, trucks and lorries. What is the increase in the number of checks done on those vehicles this year compared with last year, and what is the increase in the number of people found to have been smuggled or trafficked through those routes using trucks or lorries this year compared with last year?

[Lord Sharpe of Epsom (Con)]

I am afraid that I do not have the statistics on trucks. If I may, I will write to the noble Lord.

Knife Crime: Violence Reduction Units

Lord Sharpe of Epsom Excerpts

Tuesday 20th February 2024 Lords Chamber

[Lord Bailey of Paddington]

To ask His Majesty’s Government what steps they are taking to assess the efficacy of violence reduction units in addressing knife crime.

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

My Lords, the Home Office has commissioned a multiyear independent evaluation to assess the impact of violence reduction units on the most serious forms of violence and their progress in adopting a public health approach. Recent findings have shown a statistically significant reduction in hospital admissions for violent injuries in VRU areas since funding began in 2019.

[Lord Bailey of Paddington (Con)]

With the effects of serious violence falling on some communities far more than on others—here in London we have had 1,000 homicides since 2016—what work has been done by VRUs to increase the effectiveness of the money that they are allocating?

[Lord Sharpe of Epsom (Con)]

My Lords, since 2019, the Home Office has provided over £43 million to develop and run London’s violence reduction unit, which includes an investment of £9.5 million in 2023-24. As part of their funding terms, all VRUs are required to deliver evidence-based approaches that are shown to deliver the most impact in steering young people away from violence. In London, the various interventions being delivered include those that the independent youth endowment fund has found to be capable of delivering the highest impact. That includes the delivery of specialist support for young people affected by violence on admission to A&E or custody suites, as well as personal support such as mentoring programmes, where sport is used as a hook to attract participation.

[Lord Farmer (Con)]

My Lords, a major risk factor for young people’s involvement in violent gangs is the lack of a father at home, so what are the violence reduction units doing to make absent fathers part of the solution? Many are still very present in their children’s minds, and being estranged from ex-partners does not automatically mean they have no sense of responsibility towards the children who have gone astray. How are VRUs harnessing and encouraging that responsibility?

[Lord Sharpe of Epsom (Con)]

My Lords, the violence reduction units deliver a range of preventive work with and for communities, as I outlined in the previous two answers to my noble friend Lord Bailey. That can include families, which of course obviously involves fathers as well as young people, and includes a wide range of approaches, including mentoring and trusted adult programmes or intensive behavioural therapies and, as I mentioned earlier, sports-based diversionary activities. In London in particular, the VRU’s My Ends programme provides community leaders with resources to enhance violence prevention measures in their areas. In addition, the Young People’s Action Group, which is made up of young people from across London, works alongside the VRU to ensure that the voices of young people influence policy and funding decisions.

[Baroness Hollins (CB)]

My Lords, a 2014 Scottish study by Professor John Crichton found that the kitchen knife was the most commonly used weapon. The author suggested that the introduction of knives without points as an effective public health strategy might positively affect the rate of death and serious injury. I quote:

“It would not be necessary to enforce an absolute ban on long pointed kitchen knives, but simply to limit availability, thereby making a lethal weapon less likely to be at hand in the context of unplanned violence”.


Is this something that VRUs are taking forward and that the Government would support?

[Lord Sharpe of Epsom (Con)]

The noble Baroness raises an interesting point. Of course, we keep all knife legislation under review, and noble Lords will be aware that moves have been made recently to ban, for example, zombie-style knives and machetes. Secondary legislation was laid in January, guidance will be available from 26 June and the ban will come into effect on 24 September. I will ensure that all forms of knives are kept very closely under review, particularly in view of patterns of use.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, obviously, large urban areas such as London have particular problems, and I would argue that there is a lot more crime. Are any comparative assessments being done so that each VRU can learn from others in all sorts of ways?

[Lord Sharpe of Epsom (Con)]

Yes, again, the noble Baroness raises a very good point. She is right, of course, that London has particular problems in this area. The activities of certain violence reduction units have absolutely influenced the way that the whole programme has been established across England and Wales—and indeed taking a lot of the lead from Scotland.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, knife crime is up by 70% since 2015 and, according to the YMCA, youth services were cut by 71% in the decade after 2010. Does the noble Lord think these two statistics are linked? Does he also believe that, building on the work of the VRUs, local youth services should be introduced and backed in a way to try to prevent further knife crime?

[Lord Sharpe of Epsom (Con)]

On the noble Lord’s latter point, I agree, which is one of the reasons the Home Office has invested £200 million in the youth endowment fund, to which I have already referred. As regards knife crime across the country, the rise is driven largely by the situation in London. For police-recorded offences involving knives or sharp instruments, there was a 5% increase year-on-year nationally, but the increase in London was 22%. If London was taken out of those figures, the natural trend would be a 1% reduction.

[Baroness Doocey (LD)]

My Lords, violence reduction units can definitely reduce knife crime, as has been shown time and time again, but for them to be able to do their job properly they need long-term funding and they are not being provided with it. The Government’s three-year funding model runs out next year and there is great anxiety about what will come next. Will the Government reconsider their current funding model and provide the sort of long-term funding that these units, which are so desperately needed, require to do the job they were set up for?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

As I have already outlined, we have already committed over £110 million since 2019 across the country. Of course, we want to see VRUs continue to operate beyond the end of 2025; by that time, though, they will have received investment for six years. We would encourage VRUs to become financially sustainable organisations. We will of course support them to obtain matched funding and partnership buy-in, but future funding beyond 2025 will depend on the needs of the VRUs and the outcome of future spending reviews.

[Baroness Bull (CB)]

My Lords, how many of the VRUs include domestic and gender-based violence within their definition of serious violence? Does the Minister agree that artificially separating public violence —street violence—from private violence in the home ignores the links between the two, not least the impact on young people’s future behaviour through what they might learn is normal?

[Lord Sharpe of Epsom (Con)]

Again, the noble Baroness raises a good point. I think it is important to collect the statistics as accurately and in as granular a way as possible. So I would perhaps mildly dispute the second part of the question. However, we need to look at the way violence occurs in the round—so the noble Baroness raises a very good point.

[Baroness Blackwood of North Oxford (Con)]

My Lords, it is critical to rebuild trust from these communities and public services who are so affected by violence if violence reduction units are to be successful. This is obviously possible but it is very challenging. What steps are being taken to evaluate successful measures to rebuild trust and share those between violence reduction units, so that this can be done effectively?

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for that question. Part of the funding for VRUs has to be allocated towards evaluation, but an independent evaluation programme shows that, alongside the Grip, which we have talked about before from this Dispatch Box, there are serious violent hotspot programmes. These are putting additional highly visible police patrols into key locations. The VRU programme is having a statistically significant positive effect, as I referenced earlier. An estimated 3,220 hospital admissions for violent injury have been avoided since funding began in 2019.

[Baroness Kramer (LD)]

Can I just challenge the Minister? He suggested that in the future, VRUs will depend on match funding and non-governmental sources of money. Surely, violence reduction and the protection of our young people is a core activity and it is entirely right that it should be fully funded by the taxpayer. Other money is for add-ons and extras: this, surely, is not an add-on or an extra.

[Lord Sharpe of Epsom (Con)]

I was not making the case that it was an add-on or an extra; I was saying that future funding beyond 2025 will be dependent on the needs of the VRUs and the outcome of future spending reviews, and of course the evaluation that is already under way.

[Lord Watts (Lab)]

My Lords, is not the increase a direct consequence of the cuts in public services, for example to local government, youth services and the police? The police used to make visits to schools and many police authorities have stopped doing that completely. Do the Government not need to understand that their cuts over 13 years have had a dramatic effect on this issue?

[Lord Sharpe of Epsom (Con)]

My Lords, I referenced earlier that there is some new funding. The London Metropolitan Police, for example, will receive an additional £8 million this year and the City of London will receive an extra £1 million for additional visible patrols in serious violence and anti-social behaviour hotspots. The funding supports the delivery of a combination of regular high-visibility patrols in the streets and neighbourhoods experiencing the highest volumes of serious violence and/or anti-social behaviour.

I remind noble Lords that there are currently more police in this country than ever before. The Metropolitan Police currently has 35,000 and could have had more; the budget was available but they were unable to recruit up to the budget, which is a shame because it obviously cost them some resource. The Government have delivered on their police uplift programme.

Protest Measures

Lord Sharpe of Epsom Excerpts

Tuesday 13th February 2024 Lords Chamber

[Baroness Doocey (LD)]

My Lords, I appreciate that the Government are trying to strike a balance among competing priorities—maintaining the right to peaceful protest, restraining incitement to racial and religious hatred, and keeping the country moving, free from disruptive events. It is right that police use all available powers to arrest those who go beyond what is acceptable for a peaceful protest, not least when their actions are motivated by hate. Protest should not be used as a shield to allow anti-Semitism, Islamophobia or any other type of hatred to fester with impunity.

However, we must ensure that the tactics employed by a minority do not undermine the ability of others to protest peacefully. I have a number of concerns, and it would be helpful if the Minister could address them when he responds. The provisions announced to prevent the use of facial coverings plainly bear a relationship to the increased use of facial recognition technology in policing. The Policing Minister is on record as saying that he is already encouraging police forces to search all available databases, including the passport database, to identify people using facial recognition technology for crime generally.

Clause 27 of the Criminal Justice Bill creates a very wide power to access driver licence records for this purpose, but there has been little public debate on this or on the parameters of the accelerated use of such technology. Given the potential freedoms that this could infringe, is a legal protest the correct context for technology to be used? Should the faces of people engaged in lawful and peaceful protest systematically be recorded and added to databases? Would there be a temptation to create lists of people who attend such protests, with the justification that these are people who are not in favour of the status quo and might, at some future date, cause trouble?

Police already collect information on political activists. However, attending a protest should not qualify as criminal activism. The fact that facial recognition is being introduced into policing without the debate or openness that is needed is a cause for concern. Since the Government are proposing amendments to the Criminal Justice Bill, will the Minister commit to setting out in that Bill the circumstances in which this technology should be used? Will he commit specifically to addressing the many concerns that the systems can be particularly bad at recognising black female faces? This is powerful technology, but it is not infallible by any means.

As things stand, its use enjoys public support, but that support may diminish if it is deployed disproportionately, causing problems for minority groups or being used for minor offences. It is surely in the interests of all of us who want to continue to see policing by consent for this to be avoided.

Finally, I want to raise the question of police resources. The Home Affairs Committee recently expressed concern about the effect that the increasing number of protests is having on the number of rest days being cancelled for police officers. Last year the Metropolitan Police had to cancel 4,000 rest days to police protests at a cost of nearly £19 million. Can the Minister say what the Home Office is doing to ensure that police forces are reimbursed for the cost of these cancelled days? When I was a member of the Metropolitan Police Authority, we had a dreadful job trying to get the money back from the Home Office. I suspect that things have not changed very much. What is being done to support officers’ well-being when large numbers of rest days have to be cancelled?

Will police officers receive the necessary resources and training to identify and prevent hate crimes, including threats and incitements to violence on social media? According to the official figures, between October and December last year there were more than 1,000 protests and vigils and 600 arrests, accounting for 26,000 police officer shifts. This issue is not going away. The duty of care that we owe police officers needs to be addressed as a matter of urgency.

These are among the issues that we on these Benches will want to raise during the passage of the Criminal Justice Bill. I look forward to the Minister giving us his early indications of his views.

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

My Lords, I thank both the noble Lord, Lord Coaker, and the noble Baroness, Lady Doocey, for their generally supportive remarks. Like the noble Lord, Lord Coaker, I join in congratulating, thanking and praising the police for their strenuous efforts to keep us all safe during the recent heightened protest activity.

Both noble Lords asked me about the questions raised in response to the original Statement, regarding the Home Affairs Select Committee pointing out that 4,000 rest days had been lost, coming at a cost of about £18 million or £19 million. Obviously, that is very concerning, but I have to say that the police uplift programme has helped many forces around the country significantly with their numbers. That helps to minimise the number of rest days lost. Unfortunately, the Metropolitan Police in London did not manage to fulfil its police uplift numbers, and that has financial consequences as well as a consequence for the rest of the officers employed. It is regrettable, but I am afraid it is very much for the Metropolitan Police to up its recruitment to sort out that particular problem. That is not the same as saying that we do not care about it or are not keeping a very close eye on it. We do.

I should also point out that the police have arrested more than 600 people over the course of the protests, and some 30-plus were related to Terrorism Act offences. Once again, I thank the police for their efforts.

On the question about whether these laws were requested by the police, the police have a comprehensive suite of powers to maintain public order and to keep the public safe. However, we keep their powers under constant review and, when gaps are identified, by whomever, we seek to legislate for them. I am not precisely sure how many of these powers were asked for by the police; I know that the bulk of them were, but not precisely which ones. When we come across gaps in the legislation, we seek to make these types of changes.

Those were very good questions on face coverings, particularly as regards the legitimate wearing of face coverings in protests. It is not difficult to come up with a number of scenarios that would classify themselves as legitimate. This was addressed in detail by my right honourable friend the Security Minister. The guidelines in the legislation that we are setting out will cover this, because police officers will have discretion to give an order requiring a face covering to be removed, but those commanding the policing of protests will have discretion over when they ask for that instruction to be carried out.

Under Section 60AA, the new criminal offence of concealing an identity will apply only when there is a particular authorisation on a protest, and those authorisations come only when there is a risk of serious violence or crime. Just as a reminder to the House, Section 60 offences can be ordered only by those of the rank of inspector or above and for a period of 24 hours, which is extendable for a further 24 hours. So they apply only to protests and only where an authorisation is in place. I hope that answers and assuages noble Lords’ concerns to some extent. I will come back to facial recognition towards the end of my remarks.

The noble Lord, Lord Coaker, asked me about pyrotechnics, flares and disorder. The current legislation on the use of fireworks in public places does not consistently prohibit the possession of pyrotechnic articles during a protest but limits it to specific circumstances, such as the use of fireworks in public places and possession of explosives other than for a lawful purpose. It is not already an offence to be in the possession of such articles at certain musical events and football matches, for example, but this extends it to processions and protests. The new measures do not provide police with new stop and search powers, but they do allow the police to make an arrest when an individual is holding or lighting a flare at a protest.

I associate myself with the remarks of the noble Lord, Lord Coaker, on war memorials. I am also delighted that this is taking place, for all sorts of reasons. I do not have a huge amount more to say on this subject; I think we have all been offended by the antics of certain protesters who have clambered all over war memorials. The Security Minister in the other place described them as

“altars of our national grief”.—[Official Report, Commons, 8/2/23; col. 379.]

That description could be extended, but it is very appropriate none the less and sums up all our feelings.

The noble Lord, Lord Coaker, also asked me about hateful extremism. He is quite right that there is some thinking about that at the moment. The Secretary of State for Levelling Up, Housing and Communities is working on a definition of extremism alongside the Attorney-General. Of course, this is an extremely complex subject and conversation, so I will update the House when I have more, but I am afraid I cannot at the moment.

The noble Lord will know what I am about to say on proscription. The Government do not comment on groups that are potentially about to be proscribed or are under consideration. This will come under the Criminal Justice Bill.

I do not think facial recognition is entirely aligned with the subject of the measures that are being taken today. However, I understand the noble Baroness’s concerns and this subject will have to be further debated. It is a philosophical discussion about freedoms, rights and proportionality, and I have no doubt that we will revisit it in due course.

These measures are proportionate and carefully thought through. We will be discussing them at greater length, and I thank noble Lords for their support.

[Viscount Hailsham (Con)]

My Lords, I hope my noble friend will be cautious about invoking criminal law unless there are clear mischiefs to be addressed. I entirely agree with the noble Lord, Lord Coaker, about face coverings and was much reassured by what my noble friend said, but I am much less happy about war memorials. Clearly, clambering over a war memorial is an unattractive and distasteful business, but I am far from clear that it is such a mischief that we should invoke the criminal law and impose criminal penalties. Many years ago, when my wife was 20, we were clambering over the lions in Trafalgar Square. I do not want to be told that we were defiling the memory of Lord Nelson.

[Lord Sharpe of Epsom (Con)]

I take my noble friend’s point, though I must admit that I did not realise that he had quite such a colourful past. I am afraid that, on this, the Government disagree, and think that this is a proportionate measure.

[Baroness Chakrabarti (Lab)]

My Lords, not for the first time in the last 24 hours, it is a pleasure to follow the noble Viscount, Lord Hailsham. Why was this announcement made by vague press release on a Wednesday evening, rather than in the House of Commons? While I am grateful to the Minister, as always, for that lengthy answer, I do not quite understand the gaps in the present law. We have all these stop and search powers, for example, including specific and blanket powers in relation to protest. Why do we need additional face covering removal powers—are they not a form of stop and search? I totally agree with the noble Baroness, Lady Doocey, on the huge relevance of facial recognition technology to why people are concerned about uncovering their faces. At the moment, it is for the police, totally unregulated by statute, to decide who goes on the watchlist, what kind of technology is used, and the trigger for stop and search on the basis of being on this watchlist. The noble Baroness is quite right: if we are going down this path in relation to face coverings, we should be regulating the use of facial recognition technology as well.

[Lord Sharpe of Epsom (Con)]

I do not entirely disagree with the noble Baroness, but I do not think this is the particular forum for that discussion. It is clearly a philosophical discussion, as much as a legal and operational one, that is required around the appropriate extent of facial recognition technology. I am sure that is a debate we will return to. These particular powers are very specific and can happen only under certain circumstances, so in this context they are proportionate.

[The Archbishop of York]

My Lords, like others, I entirely share the views about war memorials and their desecration, and fireworks and flares—there is a lot that is sensible in this. On face coverings, what concerns me is the law which we often do not often think about—the law of unintended consequences. To those dissidents, I would add religious minorities to the list of those who may be concerned about this. I wonder whether the effect of this will be that more people will wear face coverings, not fewer, because they are concerned about facial recognition. I find it hard to understand why this should be a matter for the law. If somebody commits a criminal offence while on a march, we already have the powers to deal with them. If somebody on a peaceful protest chooses to wear a face covering, I find it hard to understand why that, in and of itself, is a problem. The Minister has explained that this will be used only under certain circumstances, but if I have heard him correctly it is around the “risk” of criminal activity and violence. We do not arrest people because we think that they might be doing something. If the protest is peaceful, why should somebody not wear a face mask? I am struggling to understand why this has become such an issue, and I am concerned about minority groups who could be adversely affected by this.

[Lord Sharpe of Epsom (Con)]

The current legislation gives police the power to direct people to remove face coverings in designated areas and to seize face coverings, but there is a loophole, in that an individual could follow the direction of an officer to remove their face covering but then move to a new area and redeploy the face covering. We are trying to close that loophole. I take the most reverend Primate’s point about minorities and so on, but, as I have tried to explain, this is being applied to protests only where there is an authorisation in place, so it is time-limited and very specific.

[Lord Walney (CB)]

My Lords, I welcome this package, a number of measures in which I recommended in my role as the Government’s independent adviser on political violence and disruption. Can the Minister say more about how the Government intend to mitigate the Ziegler judgment, which is a very welcome commitment on the part of the Government to make it clear that protest is not sufficient justification for criminal acts such as vandalism and disruption of highways?

[Lord Sharpe of Epsom (Con)]

The noble Lord asks a very good question, because this is about, effectively, reasonable excuse. The Ziegler judgment held that obstructive protests that intentionally cause disruption can be protected by Articles 10 and 11 of the ECHR. That means that those who purposefully disrupt the daily lives of others can escape justice under the guise of protest. Our amendments will mitigate the impact of this judgment and ensure that those who deliberately disrupt others by obstructing the highway cannot rely on protest before the court as a reasonable excuse using the definitions defined under the PCSC Act.

[Baroness Foster of Oxton (Con)]

My Lords, most of us have witnessed and been involved in protests, and even though some have been quite violent and very disturbing, what we have seen over the past four months with the pro-Palestinian marches and protests in London has been on a completely different level. The police have had their hands tied behind their backs, not least because they have been unable to identify so many of those involved who have been wearing face coverings, and with huge crowds the police have been unable to see exactly who they are. Notwithstanding that the police have made some arrests and have charged and prosecuted certain individuals, the numbers involved are limited and small. Month on month, people have been allowed to protest, calling for the death and destruction of Jews and Israel, and to show Nazi symbols, with Islamic extremists who have been involved with Hizb ut-Tahrir. Permitting them to carry on like this is not acceptable. I fully support this proceeding to make sure those individuals are dealt with properly.

[Lord Sharpe of Epsom (Con)]

My noble friend raises some very good points. She is right that the simple fact of the matter is that recent protests have upped the temperature of protest. However, we have to remain proportionate, and I think this strikes the right balance.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I want to put it on record that I am appalled at the behaviour of the noble Viscount, Lord Hailsham, in climbing on the lions in Trafalgar Square. I think that is unacceptable. I have been on a lot of protests and I have never climbed on a war memorial or a lion. However, I agree with him in asking why on earth we are making this a criminal offence. All the officers I have spoken to—admittedly a small sample—have said that they do not need these powers and that they have enough powers. What these extra powers do is take away the discretion that they have in dealing with people, which is something they value because they do not want to be tied up in having to go off to the police station with loads of arrested people. Most of these measures are totally unnecessary. I completely support the firework ban; they are so environmentally polluting. But the Government cannot ban everything that they do not like; that is a mistake that some Governments get into, and that way lies a loss of democracy. In response to the noble Baroness, Lady Chakrabarti, the Minister said that facial recognition is for another day and it is not quite covered now. I argue that oversight of this is urgent, so in good time is not enough. The noble Lord, Lord Harris, said months back that this is a horse that has bolted out of its stable. We really have to find some way of making sure that the information is not passed out by the police, which it is in some cases now. Will the Minister think about bringing this in or discussing it urgently?

[Lord Sharpe of Epsom (Con)]

On the noble Baroness’s latter point, those discussions are ongoing and will continue within the Home Office. I certainly raise the subject regularly, not least because I too am concerned about proportionality; I think it entirely right. I am of course aware that the Government cannot ban everything they do not like, much as it might sometimes be fun to do so. On war graves, cemeteries, war memorials and so on, the public outrage was fairly significant, and noted. It was clear that this offended a great many people from all parts of the community. I do not know which officers the noble Baroness spoke to, but they should have spoken to their boss, because he asked for these powers.

[Baroness Falkner of Margravine (CB)]

My Lords, I declare an interest as chair of the Equality and Human Rights Commission. As the Minister would expect, I looked at this quite carefully in the context of Article 11 of the ECHR. He is right, and I accept fully, that Article 11.2 gives the state the right to bring in public order laws and a whole of host of other things. I would say to colleagues who are feeling uncomfortable about this that they need to look at the wording of Article 11.2. However, my question to the Minister is slightly different. It relates to the Aarhus Convention, which the United Kingdom signed in 2002, and which is there to defend the rights of environmental protesters. The Special Rapporteur on the Aarhus convention recently visited the United Kingdom. He has since sent a letter of complaint to the United Kingdom Government concerning environmental protesters. Is the Minister minded to reply to that letter and to publish the reply?

[Lord Sharpe of Epsom (Con)]

I am afraid that this is the first I have heard of this, so I cannot comment further, but I will of course look into it. These changes are compatible with the ECHR and do not prevent individuals exercising their rights to freedom of expression and assembly. Many of the offences affected, including public nuisance, which involve serious harm to or obstruction of the public’s rights, are highly likely to fall outside of the protections of ECHR rights or within the state’s margin of appreciation. On the rights of environmental protesters, I do not think we should elevate any particular set of protesters’ rights above any other.

[Lord Deben (Con)]

Will my noble friend the Minister congratulate my noble friend Lord Hailsham on his ability to climb one of those large animals in Trafalgar Square? At the same time, does he accept that what my noble friend said is a salutary reminder? We are becoming too concerned about restriction and not concerned enough about freedom. I am very concerned that the normal habits of proper protest—particularly at a time when parliamentary democracy is under very considerable pressure—are being undermined by the constant provision of yet more new things that the police want in order to control. I would like to see a real understanding of the importance of protest. I very much agreed with the most reverend Primate when he said that he could not quite see why people who were not doing anything illegal should be told to remove their face coverings. For the Iranians and the Chinese, face coverings are essential if there is to be protest.

[Lord Sharpe of Epsom (Con)]

I am very happy to join in the congratulations to my noble friend Lord Hailsham on his lion-climbing expertise, but I am afraid that I disagree with my noble friend when it comes to climbing war memorials as a normal part of protest. What is normal about climbing a war memorial?

[Baroness D'Souza (CB)]

My Lords, if ever there was an example of the slow attrition of our democratic freedoms, it is this. First, experience tells us that, once a law is on the statute books, it will in future, merely as a convenience, be abused to exert control. Secondly, why on earth would wearing a face covering be made a criminal offence, if not to prepare to punish someone who has committed no crime whatsoever as yet?

[Lord Sharpe of Epsom (Con)]

My Lords, I have already largely answered that question on face masks, but, for the avoidance of doubt, I will say it again: we are creating a new criminal offence of wearing a face covering for the purpose of concealing identity when the police place a particular authorisation on a protest. The particular authorisation point is surely the key.

[Baroness Hamwee (LD)]

My Lords, the Minister says that live facial recognition is irrelevant to this. I see a very clear intersection with these issues. I agree with him that there are philosophical aspects—I would say ethical aspects—but there are practical ones as well. The public looks at it in both those contexts. I was until recently chair of your Lordships’ Justice and Home Affairs Committee, and the Minister may have seen a letter that we wrote to the Home Secretary very recently on the subject of live facial recognition. I base my questions on that. First, on the issue of how live facial recognition is applied, one police force said to us—we have not been able to obtain any backing from that force for this comment—that the watchlist is made up of people known to have committed offences, or wanted for offences, who may have an intent to commit an offence. So how will a watchlist be made up for the use of live facial recognition of a protest? In particular, will images obtained during a protest or previous protests be used to make up a watchlist for a subsequent protest?

[Lord Sharpe of Epsom (Con)]

First, I did not say that it was irrelevant. I said that this is a very specific set of circumstances and I accept that there is a whole separate debate about facial recognition that we need to have in the near future—I accept that it is a matter of urgency. I cannot honestly recall seeing the noble Baroness’s letter to the Home Secretary. I will track it down and, if I may, I will come back in writing on that question because I genuinely do not know the answer.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, one of the reasons why there is this problem is that the police appear over a period of time to have been confused about what is a criminal act or not, sending messages on social media defining jihad in the most peculiar way, as some kind of inner struggle, or more recently saying, “We have looked at that flag, checked it out, and it is not a threat”, even though it is being used by ISIS. This makes the public more inclined to think that the criminal law might be needed, rather than the enforcement of existing laws.

Does the Minister concede that we have a deeper problem than climbing on statues? We earlier discussed the horrors that children in Gaza are enduring—weaponised by demonstrators walking around with dolls covered in blood, shouting “Blood on your hands” at our fellow Jewish citizens. We talked about disinformation earlier and we now know that conspiracy theories are mainstreamed to political parties—no facemasks required. Would the Minister concede that maybe we should enforce the laws we have, but avoid criminalising other behaviour? There is the bigger problem of a growth of anti-Semitism in society, which really needs to be challenged as much as any other racism that is a scourge.

[Lord Sharpe of Epsom (Con)]

I agree entirely with the remarks of the noble Baroness about anti-Semitism which I find personally disgusting, as do the Government, as she will know. On police confusion, it would be unwise for me to comment on the matters the noble Baroness describes, not least—as we frequently say from the Dispatch Box—because of the operational independence of the police, which I am very happy to defend. As for glorification, which she effectively talks about, the UK has a strong counterterrorism framework —one of the strongest in the world. It is important to recognise that. It is an offence to encourage an act of terrorism, and that includes glorifying—including by praising or celebrating—action in committing or preparing acts of terrorism where others may be encouraged to emulate that action, and that offence can be committed recklessly. As I said earlier in answering the noble Baroness, Lady Doocey, some 30 people have been arrested since the start of these protests for offences under the Terrorism Act. The police are not confused when it comes to policing those sorts of marches; the statistics prove otherwise. These measures are proportionate to the sorts of activities we are describing.

Computer Systems: Independent Testing

Lord Sharpe of Epsom Excerpts

Monday 12th February 2024 Lords Chamber

[Lord Clement-Jones]

To ask His Majesty’s Government what action they are taking to reform the Computer Misuse Act 1990 to enable legitimate independent testing of computer systems.

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

My Lords, the Government support people undertaking legitimate cybersecurity work to do so without fear of criminalisation. We are actively considering options to strengthen the legislative framework as part of the review of the Computer Misuse Act, which is ongoing. This work is complex and needs a lot of thought, not least to ensure that we do not inadvertently create a loophole that can be exploited by cybercriminals or hostile state actors.

[Lord Clement-Jones (LD)]

My Lords, the need to be able to carry out independent research into computer systems has been put into the spotlight by the Horizon scandal. We last discussed this issue at Oral Questions last July. Since then, the Government have had the conclusions of a stakeholder working group for several months but have done absolutely nothing to include a public interest defence in the Criminal Justice Bill that is now in the Commons. I described the Government’s progress last year as “glacial”. Was I being unkind to glaciers?

[Lord Sharpe of Epsom (Con)]

Regrettably, the noble Lord is wrong. We set up a multistakeholder group of systems owners, law enforcement, cybersecurity companies and prosecutors—a systems access group—to specifically consider the proposal of statutory defences. Six meetings were held between May 2023 and October 2023. Unfortunately, there is a lack of consensus among those participants and the cybersecurity industry, and with law enforcement and prosecutors, on whether there is a need for statutory defences and on what is considered to be legitimate activity. That lack of consensus proves the point that careful thought is needed in this area.

[Lord Holmes of Richmond (Con)]

My Lords, I declare my technology interests as set out in the register. Does my noble friend agree that it is time that a statute which is 34 years old, was introduced when only 0.5% of us were online and which 91% of cyber professionals say is damaging to the UK cyber industry, was updated to enable our fantastic cyber professionals and to increase growth and productivity in the UK?

[Lord Sharpe of Epsom (Con)]

My noble friend raises some good points and, as I said, the Government are considering the right way to do that. If I talk about some of the difficulties, it might illustrate this point to the House. Amending legislation to enable cybersecurity activities involves accessing computer systems, and the data is complex. This needs a lot of thought. We would need to establish what constitutes legitimate cybersecurity activity and the boundaries of such activity. We would need to consider who should be allowed to undertake such activity, where the professional standards would need to be complied with and what reporting or oversight would be needed. We cannot make changes that would prevent law enforcement agencies and prosecutors investigating and prosecuting those who commit cybercrimes. It is right to consider this carefully and that is what we are doing.

[Lord Fox (LD)]

My Lords, the Minister set out a long list of things that need considering. I understand his point, so could he perhaps tell us the timetable for this process, when we might hear the verdict on all these considerations and perhaps see some legislation before your Lordships’ House?

[Lord Sharpe of Epsom (Con)]

My Lords, the public consultation on this process concluded only in November 2023, so we have not had a huge amount of time to consider all the responses. As I have explained, we will be reviewing how to take forward the recommendations and will update Parliament in due course.

[Lord Harris of Haringey (Lab)]

My Lords, why would a public interest defence help cybercriminals?

[Lord Sharpe of Epsom (Con)]

My Lords, that is clearly among the things that are being considered.

[Baroness Goldie (Con)]

My Lords, does the Minister agree that there is a related issue of computer-based evidence? The Police and Criminal Evidence Act 1984 stated that computer-based evidence should be subject to proof that the computer system was operating properly. That changed, in 1999, to a presumption that a computer system has operated correctly unless there is explicit evidence to the contrary. That change was supported by the Post Office and coincided with the introduction of the Horizon IT system. Does my noble friend agree that this area needs to be looked at?

[Lord Sharpe of Epsom (Con)]

My noble friend raises a very good point. If I may, I will look into the specifics of her question and write to her.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, Article 40 of the French criminal procedure code provides for cybersecurity specialists who are acting in good faith and solely in the national interest to be protected from prosecution. Does the Minister believe that a similar provision would be suitable here?

[Lord Sharpe of Epsom (Con)]

My Lords, we are always interested in learning from the approaches taken by other countries and jurisdictions. We speak with our international counterparts, including all our major allies, to understand how they approach the issue of whether there should be defences to these types of offences. But the majority of our like-minded partners do not have statutory defences and are instead in favour of prosecutorial guidance. For example, the US Department of Justice introduced guidance for prosecutors on when to prosecute instances of potential breaches of its Computer Fraud and Abuse Act.

[Lord Clement-Jones (LD)]

My Lords, does the Minister agree that the Criminal Justice Bill is a good opportunity for the Government to bring forward a public interest amendment, perhaps with the bells and whistles that the Minister is talking about, or is he firmly of the view that this will occur only in the future?

[Lord Sharpe of Epsom (Con)]

My Lords, I am not quite sure where the bells and whistles come from. As I said, we are just considering all the potential implications. However, part of the Criminal Justice Bill introduces a new power for law enforcement and other investigative agencies to suspend IP addresses and domain names where they are being used to facilitate serious crime. So the answer is partially yes, but the other situation that the noble Lord described is very complicated.

[Lord Arbuthnot of Edrom (Con)]

My Lords, the prosecutorial guidance referred to just now by my noble friend leaves computer professionals in a position of uncertainty. Do they not need certainty as to the shape of the law?

[Lord Sharpe of Epsom (Con)]

Well, yes, and as I said, the working group that was set up to look into this, which included the cybersecurity industry, law enforcement, prosecutors and others, could not reach consensus on this subject. Certain cybersecurity professionals are in favour of defences but other industry experts are not—so we have to continue to consider these responses.

Investigatory Powers (Amendment) Bill [HL]

Lord Sharpe of Epsom Excerpts

3rd reading
Tuesday 30th January 2024 Lords Chamber

Moved by

[Lord Sharpe of Epsom]

That the Bill be now read a third time

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

My Lords, throughout the preparation and passage of the Bill, we have been working closely with each of the devolved Administrations. Most of the provisions are UK-wide and are reserved, as national security is a reserved matter. A small number of measures in Part 2 of the Bill, on oversight, engage the legislative consent process in the Scottish Parliament. Currently, the Scottish Parliament has not granted a legislative consent Motion, although I can confirm to noble Lords that the Scottish Government have lodged one. We are engaging constructively with officials, and I reassure noble Lords that the Government will continue with this engagement as the Bill is introduced into the House of Commons. I beg to move that this Bill be read a third time.

--- Later in debate ---

Moved by

[Lord Sharpe of Epsom]

That the Bill do now pass.

[Lord Sharpe of Epsom (Con)]

My Lords, I extend my gratitude to all noble Lords who have contributed to the Bill, both on the Floor of the House and outside. We all agree that this piece of legislation is both important and necessary. The targeted amendments that it will make to the Investigatory Powers Act 2016 will ensure that the UK’s intelligence services and law enforcement will continue to have the tools at their disposal to keep this country safe, while ensuring that these are used in a proportionate way which places privacy at its heart. As the Bill passed through this House, the valuable debate has shaped it into what it is now. I am pleased that the House was able to reach agreement on several areas of potential divergence and that we send the Bill to the other place in exceptional shape and with cross-party support.

I first correct the record on one small point I made in my speech on the second group of amendments in last Tuesday’s debate on Report. His Majesty’s Treasury is not an example of a public authority that already has the power to acquire communications data using a Part 3 request. Examples of public authorities which do have these powers include His Majesty’s Revenue & Customs and the Financial Conduct Authority, both of which perform a range of vital statutory functions using communications data.

Once more, I extend thanks particularly to the noble Lord, Lord Anderson of Ipswich, who has been crucial in shaping the Bill through his independent review of the Investigatory Powers Act and his contributions during the Bill’s passage. My thanks go also to the noble Lord, Lord West of Spithead, and his colleagues on the Intelligence and Security Committee. The input from him and his fellow committee members has been valuable and intended to improve the Bill. He has been ably and knowledgeably supported by the erstwhile chair of the committee, the noble Lord, Lord Murphy of Torfaen.

Similarly, I have valued the collaborative and serious way in which the Opposition Front Benches have engaged on matters of such importance, so I offer my thanks to the noble Lords, Lord Coaker, Lord Ponsonby and Lord Fox, for their desire to scrutinise the Bill carefully and constructively.

I am much obliged to the support of other noble Lords who have contributed with such eloquence and expertise as the Bill has passed through this House. In particular, the noble Baroness, Lady Manningham-Buller, and the noble Lords, Lord Evans of Weardale and Lord Hogan-Howe, have all provided an invaluable perspective from their professional backgrounds. The noble Lord, Lord Carlile of Berriew, and the noble and learned Lord, Lord Hope of Craighead, both made a number of important and insightful interventions to help shape the debates and work towards practical solutions, for which I am grateful. My thanks go also to my noble friend Lord Gascoigne and his team in the Whips’ Office for their support as the Bill passed through this House.

I ask noble Lords to join me as I thank the policy officials and lawyers in the Home Office teams led by Lucy, Phoebe, Lucy, Hugh, Rob, Daphne and Becca, whose significant efforts have made this Bill happen. It is their hard work that has brought the Bill to this point. My thanks go also to the Bill team—Tom, Megan, Sophie, Emer and James—as well as Dan in my private office. I am also very grateful to Pete and Lucy, the expert drafters in the Office of the Parliamentary Counsel, for preparing the Bill and amendments during its passage.

Finally, I thank the intelligence agencies and law enforcement for their expert contribution to the Bill and for the work they do to keep this country safe day after day. The Bill will ensure that they continue to have the tools they need to carry out this task. We will all be the safer for it. We remain hugely grateful for their work.

As we send the Bill to the other place, it needs very little amending, save for some tidying up here and there. It is the first job of government to keep this country safe. The Bill helps us do just that.

[Lord West of Spithead (Lab)]

My Lords, first, I thank the Minister and his team for the liaison and the work we did together to try to meet all our concerns about the Bill. I also thank him for giving me the excitement of my life in that I had an amendment accepted—for the first time in 14 years. That is a pretty good strike rate, is it not? I was pleased about that as well.

We on the ISC are very happy that the Bill is needed. However, as the Minister knows, we are still concerned that there is insufficient acceptance of the fact that parliamentary scrutiny is required by the ISC more broadly in this and a number of other areas. I am sure this will be brought up in the other place; otherwise, I am pleased that we have moved this Bill forward at pace.

Emergency Services Network: Critical Communications System

Lord Sharpe of Epsom Excerpts

Monday 29th January 2024 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In so doing, I draw attention to my interests in the register.

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

My Lords, the Home Office is procuring a new supplier for mobile radio and data services following Motorola’s withdrawal from ESN. This means the expected transition to ESN in 2024 and Airwave shutdown in 2026 cannot now be achieved. A revised business case will be published this year. This will reflect the impact of procurement activity and the charge control imposed by the Competition and Markets Authority on Motorola in 2023.

[Lord Harris of Haringey (Lab)]

My Lords, this is pretty poor, is it not? The programme was originally announced a decade ago. The switchover was supposed to start in 2017 and be completed by 2019. The original cost was a mere £6.2 billion; the last estimate—and that is two years out of date, before Motorola withdrew—was £11.3 billion. Only one network provider was prepared to bid. The National Audit Office warned that this is a technology

“not yet proven in real-world conditions”.

It is a system based on a mobile phone network, creating a single point of failure. Can the Minister tell us—given that the cost has at least doubled, implementation is at least 14 or 15 years late, and there is no guarantee that the existing Airwave system can continue beyond the year after next—if this debacle is not the fault of his department then whose fault it is and who is taking responsibility?

[Lord Sharpe of Epsom (Con)]

My Lords, the noble Lord has asked me a large number of questions. To reassure all noble Lords, there is no reason at all why Airwave cannot be extended beyond 2030. As for how we got to where we got, it is worth reminding the House that it was the Home Office that referred Motorola to the Competition and Markets Authority in April 2021; that resulted in Motorola leaving the Emergency Services Mobile Communications Programme in December 2022. My noble friend the Chief Whip answered a Question back in 2022 which mentioned the £11.3 billion figure referred to by the noble Lord. That was for a programme that was supposed to run between 2015-16 and 2036-37. Unfortunately, any estimates that I give now would not be comparable in duration or end date; the end date is now expected to be 2044. However, the CMA charge control imposed on Motorola will involve a saving to the taxpayer. The numbers are very much up in the air.

[Lord Addington (LD)]

My Lords, can the Minister assure us that the Government will look at the original tendering process to find out exactly why this went wrong, since it clearly has? As an aside, can the Government give us an assurance that no one from Fujitsu or its Horizon programme is let anywhere near it?

[Lord Sharpe of Epsom (Con)]

My Lords, I suppose this could have been spotted earlier, but the fact is that Motorola’s dual role in it arose as a result of the company acquiring Airwave at the same time as it was awarded the contract for ESN, so the Home Office’s options at that point were limited. We sought to agree measures to protect the delivery of ESN and, when it became clear that those measures were insufficient, the Home Office raised its concerns with the Competition and Markets Authority. As for future suppliers, the contracts will be awarded later this year, and I shall make sure that the noble Lord’s concerns are reflected.

[Lord Coaker (Lab)]

My Lords, the Government are supposed to be introducing a new emergency services network, but, as my noble friend pointed out, what the Minister has said leaves us all still bewildered about the actual implementation date. Perhaps he can tell us. The original date was 2017, but the implementation date is what everyone wants to know. When is it going to be working? When are we going to know that we have a new emergency services network? From what I could see, the Home Office stated that it would be 2029. Is that still correct? In other words, when can we actually have the new emergency services network promised by the Government?

[Lord Sharpe of Epsom (Con)]

I obviously cannot answer that question as precisely as the noble Lord would like. Yes, 2029 is an aspiration, partly because of the functionality of Airwave, to which I have already referred. However, some aspects of ESN are already live. Three ESN products have gone live in the past two years: 4G data connectivity for vehicles, which is called Connect; push-to-talk and messaging capability on smartphones, Direct 1 and Direct 2; and a device that can monitor and assess coverage on the move. Significant work has gone into the EAS, which is blanket coverage across the country, while much of the hardware has already been put in place. The noble Lord draws far too bleak a picture.

[Lord Hogan-Howe (CB)]

My Lords, I declare an interest, including having carried out a review for the Home Office, part of which the Minister has referred to, which is the recommendation to refer to the monopolies commission. As he explained, Motorola purchased the legacy system and was paid around £250 million, while for the new system that it was about to deliver it would be paid £50 million. There was no financial incentive to deliver anything, and, perhaps consequently, it has not.

The only thing that reassures me at the moment is that the Government are going to look smartly at whether to discriminate between the radio system and data production. The big problem is that, nowhere in the world, at pace and at scale, has anyone shifted a radio system on to a telecommunication system. That is the fundamental problem. The transmission of data is not the issue—we do that on our phones all the time—but we probably need to carry on delivering the radio as it was and separate the data off. If we continue to try to combine them, I worry that it will become even more undeliverable than it has been to date.

[Lord Sharpe of Epsom (Con)]

The noble Lord makes a good point and I thank him for his perspective. He is right that the radio supply over the networks remains critical. As I understand it—and this answers one of the earlier questions from the noble Lord, Lord Harris—the technology is more proven than it was when the PAC last commented on it. It is being rolled out in other parts of the world; from memory, Korea is one of the countries where it is being tested. So some of those aspects at least have been dealt with.

[Lord Harris of Haringey (Lab)]

My Lords, I apologise for coming back again, but the Minister is essentially implying that this just happened—that Motorola came in and bought Airwave, and these things just happened like that. But is not the reality that the negotiations were conducted between highly sophisticated multinational companies that are used to doing negotiations and a bunch of ingénues on the Home Office side? It is not surprising that the country has been ripped off in this way. Does the Minister agree?

[Lord Sharpe of Epsom (Con)]

No, that is a very unfair characterisation. As I said earlier, Motorola bought Airwave, which could not have been foreseen, and, therefore, as the noble Lord, Lord Hogan-Howe, has just pointed out, it became in effect a monopoly supplier. That is why the Competition and Markets Authority was involved at the behest of the Home Office, which did the right thing.