Stalking Protection Orders

Debate between Lord Stewart of Dirleton and Lord Mackenzie of Framwellgate

Wednesday 16th March 2022 Lords Chamber

[Lord Stewart of Dirleton (Con)]

In the first instance, we look at the number of stalking protection orders that are sought and imposed. The figures that I have in relation to their use are encouraging. I can tell the House that 78% of SPO applications in 2021 were granted, compared to only 5% refused, with 17% being dealt with in other ways or withdrawn.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, can the noble and learned Lord advise the House on whether the Crown Prosecution Service has any play in this? Obviously, the police increasingly look to the Crown Prosecution Service for advice, and I wonder whether it has any involvement in this type of decision and whether perhaps it should.

[Lord Stewart of Dirleton (Con)]

The Crown Prosecution Service is involved in training its staff in relation to these matters. Of course, as an independent body, it takes decisions on the prosecution of crime, but in addition the victims of stalking are able to apply, without cost to themselves, for these orders.

Power of Attorney

Debate between Lord Stewart of Dirleton and Lord Mackenzie of Framwellgate

Wednesday 2nd February 2022 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, I begin by acknowledging, on behalf of the House, the great work that the noble Baroness has carried out in this very important field, not only as patron but as founder of the charity to which she made reference. The OPG is responsible for maintaining the register of LPAs in England and Wales; that is one of its statutory functions. That register can be searched by any member of the public or third party, using a service called OPG100. Additionally, donors and attorneys can provide third parties with access to OPG’s “Use a lasting power of attorney” service, which allows third parties to check instantly the latest information and status of an eligible LPA. Modernising that process presents us with great opportunities, but we must also bear in mind obligations of confidentiality.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, I have come across several cases recently where elderly people have been taken advantage of, often by their own relatives, being relieved of thousands of pounds of hard-earned savings as a result of granting power of attorney. As solicitors are involved in this process, is the Minister satisfied that they are sufficiently aware of their duty of care to vulnerable clients during the discussion periods prior to such powers being granted?

[Lord Stewart of Dirleton (Con)]

My Lords, the OPG is working with solicitors, other professional bodies and other bodies within the community to make sure that persons considering becoming donors and taking out powers of attorney are aware of these protections.

Rape Trials

Debate between Lord Stewart of Dirleton and Lord Mackenzie of Framwellgate

Tuesday 25th January 2022 Lords Chamber

[Lord Stewart of Dirleton (Con)]

I can tell the House that there is work currently under way by the Law Commission to address misconceptions in this field. The expression often used is “rape myths”, although I am not sure that I am especially fond of that. I think “misconceptions” better addresses and refers to the topic raised by the noble Lord.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, does the Minister accept that modern technology has, ironically, made rape a more difficult crime to investigate because it depends on victims having confidence in the process? Many young women are not prepared to allow their cell phones to be seized and trawled through for months on end by the police. What are the Government doing to address this dilemma without compromising justice?

[Lord Stewart of Dirleton (Con)]

My Lords, the noble Lord makes an extremely important point. In relation to the end-to-end review and action plan, which the Government have published, we have set up a means by which people coming forward with complaints of rape can be confident that they will receive mobile telephones, so they will not be deprived of their use or their contacts and data. At the same time, we will be doing our best to strengthen the investigation of crimes so that complainers do not feel that their personal lives are being unduly pried into or that their rights to privacy are disturbed.