(1 year, 2 months ago)
Lords ChamberMy Lords, shall we allow the noble Lord, Lord Wigley, to contribute and then the noble Lord, Lord Clement-Jones?
I am very grateful. I want to continue on the basis of the question asked by the noble Lord, Lord Alton, regarding the specific Newport Wafer Fab factory. I do not think the Minister got around to answering that fully, and I would be grateful to have his observations on the issue.
(2 years, 8 months ago)
Lords ChamberFirst, I pay tribute to my noble friend’s son, who has opened up his heart and accommodation to Ukrainians. As for welcoming with open arms rather than bureaucracy, I have looked at the figures for the VACs where Ukrainian refugees are fleeing to. By and large, they are in Poland. In Calais, there have been one or two instances where people are not who they say they are, so it is important not only to keep them safe but also to make sure that we are giving refuge to those we want to give refuge to.
My Lords, the noble Baroness will be aware of the offers made by the Governments of both Scotland and Wales to take in refugees, reflecting the overwhelming good will among people throughout these islands who want to help in these matters. Is the announcement at Question Time this morning by the Prime Minister, concerning the new responsibilities for the Minister for Levelling Up, an indication that the Government may be rethinking this matter?
I heard not much of the noble Lord’s question, but I am guessing that it concerned the appointment of my very dear friend Richard Harrington as Minister for Refugees. I know him well and he will be a superb appointment.
(4 years ago)
Lords ChamberI assure the noble Lord that we have a very big heart indeed; 81% of decisions on asylum claims from unaccompanied children resulted in a grant of some form of leave, 75% of which were grants of asylum or humanitarian protection. The article to which he refers is slightly misleading, in that many of the children who come to this country get leave under asylum grants.
My Lords, can the Minister publish and place in the Library a copy of the analysis that she has just given? She indicated that the situation is very different from the figure of 28 to which the noble Lord, Lord Roberts, referred. Given the Prime Minister’s announcement last week that he wished to see a kinder, gentler, more inclusive approach by his Government, would this not be the right place to start? With Christmas coming, can the Government not give some good news to these children?
I hope that I have explained that the broader context shows this country to be incredibly generous. The FoI might be looked at again to provide that broader context analysis. I am sure that it will be placed in the Library for noble Lords to see.
(5 years, 1 month ago)
Lords ChamberIt is important that police officers have good relationships with their communities so that there is an element of trust in the police and what they do. As we have discussed before, it is also important that stop and search is intelligence-led rather than just being indiscriminate in certain parts of London and other areas of the country, as the noble Lord talked about.
My Lords, the Minister referred to several factors that are relevant in these matters. Will she accept that, if the Government keep their word and employ some 20,000 additional police officers, they will consult closely with local police commissioners to ensure that the needs of the local areas are taken into account in coming to allocation decisions?
My Lords, there would be no point in doing it if we were not committed to the needs of local people. Local areas have their own specific requirements on intervention from the police, so I agree that communication between the police and the Government is important, but PCCs should also be free to deploy the types of police officers that they feel are necessary for their local areas.
(5 years, 6 months ago)
Lords ChamberThe noble Lord will of course correct me after Questions when I am wrong, but it is my understanding that the Government are fully abiding by the provisions under EU law and will continue to do so until we leave the EU.
But does the noble Baroness not accept that for certain sectors where income levels are low, particularly tourism and care homes, there is a real danger of losing key staff? What provisions do the Government have to make up for that?
Obviously the tourism industry is incredibly important, particularly where we sit in London. It is hugely vibrant. As I said, we consulted the MAC on longer-term migration. There is of course a trial period that we have already articulated for short-term work in the UK.
(5 years, 10 months ago)
Lords ChamberWork is most certainly being done to understand the dynamics of what is going on. I know that talks are ongoing to try to resolve the situation.
My Lords, is the noble Baroness aware of the plight of the “Sea Watch 3” vessel off the coast of Malta, which has on board 32 people including women and children rescued partly by the assistance of the Welsh lifeboatman Robin Jenkins, to which the Government are now refusing to consider giving any refuge? Is she aware that just a few weeks ago, the Prime Minister congratulated Robin Jenkins on receiving one of her Points of Light awards for outstanding volunteers for his work in rescuing refugees? Is it not totally hypocritical of the Government to feign admiration for his work while refusing to help its fulfilment?
I have to confess to the noble Lord that I do not know of this boat off the coast of Malta, but if he will indulge me, I will get him an answer in writing.
(5 years, 11 months ago)
Lords ChamberThe noble Lord’s last point perfectly illustrates the type of bureaucracy that we are trying to unlock, such as for the Libyan doctors trying to come here. I assure him that we intend it to be a far more streamlined system. We accept that on occasion it has been tricky and has taken too long to get those authorisations, which can eat into the time that the NHS might need those doctors for.
The Irish will be treated like UK citizens—no question about it. On the ETAs—electronic travel authorisations—anyone who wants to come to the UK, apart from the British and Irish nationals I just talked about, needs to apply for permission to do so. That will be either an e-visa for those coming to work or study or for tourists from visa-national countries, or an electronic travel authorisation for tourists from low-risk countries. I think it will be very similar to the ESTA that the Americans insist on.
My Lords, even if one accepts the need for some immigration control—and I do not—does the Minister not accept that the White Paper is fundamentally flawed with regard to setting a salary level? One size does not fit all. The average salary in London is £37,000, in Wales it is £27,000 and in Northern Ireland it is £24,000, which means there are different criteria for different areas. Paragraph 6.23 of this document says that,
“£30,000 is the level of household income at which an average family … starts making a positive contribution to public finances”.
Surely that is a different matter; £30,000 as a household income is different from £30,000 as a salary level. That is a fundamental flaw in the document.
My Lords, I repeat that £30,000 was a suggestion from the MAC. There will be a year-long period in which people can engage with the consultation. The figure is not set in stone. It is a salary that was suggested by the MAC.
(6 years ago)
Lords ChamberMy Lords, what assessment have the Government made of the impact of the reduction in the size of safer neighbourhood teams in both Wales and England on the capacity of the police to gather intelligence that helps them deliver on their priorities?
My Lords, safer neighbourhood teams certainly provide reassurance to local people, and if local forces feel there should be more numbers in the safer neighbourhood teams, then that is what they should invest in. I certainly recognise that safer neighbourhood teams provide reassurance at a local level.
(6 years ago)
Lords ChamberMy noble friend is absolutely right to raise the issue of getting better and richer statistical data. For the last few years we have been introducing exit checks, which add to the picture of what our immigration and emigration system looks like.
I am very grateful. Does the Minister appreciate the worries in the port of Holyhead, expressed very strongly by people from Stena Line and from the port authority itself, that there are inadequate numbers of staff to cope with the very high volumes that come from Ireland? Unless something is done urgently, there is no chance of being in a position by 29 March. Can she give some assurance to the House?
I certainly appreciate any concern that we have sufficient numbers of staff to meet demand at the border. People coming from Ireland are often not subject to those sorts of checks but it is important that we have the right number of border staff in place as we leave the European Union.
(7 years, 4 months ago)
Lords ChamberIt certainly has not been put on the back burner because of Brexit. Why would it be? This Government are very committed— as we have been since the days of the coalition Government—to tackling domestic violence and abuse. That consultation is ongoing. It was very good to hear the other day from noble Lords across the Chamber what we could do to improve some of the measures through the Bill.
My Lords, has the Minister read last week’s report by the joint inspectorate of the police and the prosecution service on stalking, which stated that victims’ complaints were routinely not investigated or dismissed through the device of issuing a police information notice? If the Istanbul convention was ratified, surely these deplorable practices would be overcome and victims would be better safeguarded.
The Police and Crime Act increases the sentences for stalking thanks to the noble Baroness, Lady Royall, who is not in the Chamber and who brought that matter to the attention of the House. I agree with what the noble Lord said about the report. It was certainly brought to my attention the other day in terms of training the police. We are looking into that.
(7 years, 4 months ago)
Lords ChamberMy Lords, if children are being teargassed, that is very regrettable and I will certainly follow up the point made by the noble and learned Baroness because we would not want that to be happening. Obviously the latter point is a matter for Northern Ireland and we are grateful for any resettlement activity which takes place there. Some 440 people have been resettled in Northern Ireland under the Syrian vulnerable persons resettlement programme. Clearly that is voluntary but we would welcome anything in addition to it.
My Lords, recalling the answer that the noble Baroness gave me before the election and bearing in mind that some of the most vulnerable of these children are those with physical or learning disabilities, can she indicate whether any children in this category have been welcomed here so far?
The noble Lord has raised an important question, and in fact I think that the noble Lord, Lord Dubs, mentioned it the other day in his speech in response to the Queen’s Speech. I should like to state categorically that there are no restrictions on children with mental health or physical disabilities from coming here. The category is obviously that of children who are vulnerable and in need of our protection and we would not in any way exclude those with mental or physical disabilities. What might be a restriction, and I will look into this for the noble Lord, is where a local authority does not have the capacity to take such a child. However, we would not discriminate against any child on the grounds of mental or physical disability.
(7 years, 7 months ago)
Lords ChamberMy Lords, the Minister will be aware of reports last week in the context of child refugees that an assumption was being made that, if such a child was disabled, they would be debarred because they would be regarded as too burdensome. Will she take the opportunity to deny with all possible strength that that could be the Government’s policy?
My Lords, it would never be the Government’s policy—I do not think any Government’s policy—to disfranchise a disabled child because they were too burdensome. A child would be assessed under the criteria of either Dubs, Dublin or the vulnerable children’s resettlement scheme. No child would ever be disenfranchised because they were disabled. I can very strongly confirm that.
(7 years, 10 months ago)
Lords ChamberMy noble friend is absolutely right about the importance of the financial sector to the UK economy. We have the largest financial sector in the world. The Prime Minister will lay out those plans in due course as we exit the European Union.
My Lords, is the Minister aware that there are key workers in the health sector already looking for jobs because of the uncertainty, fearful that 12 or 18 months down the road there will be tremendous competition with people looking back to their home countries for jobs? Will she do everything she can to end that uncertainty?
My Lords, I am sure that the Prime Minister will lay out the position in a clear manner as we move towards the triggering of Article 50 by the end of March, which is not very long to go.
(8 years ago)
Lords ChamberMy Lords, the Government recognise and agree with the noble Lord’s desire to see the unduly lenient sentence scheme extended to enable reviews of sentences for a wider range of offences. The scheme is a valuable way of ensuring that sentences for serious crimes can be challenged when they are considered to be unduly lenient. The Government have a manifesto commitment to extend the scope of the scheme and on 4 October my right honourable friend the Home Secretary announced an extension to cover many terrorism offences—including those under Section 12 of the Terrorism Act 2000—that are covered by the noble Lord’s amendment. The extension can be done very straightforwardly by order.
The noble Lord’s amendment seeks to use primary legislation to require the Lord Chancellor to exercise the order-making power she has under Section 35 of the Criminal Justice Act 1988 to add offences to the scheme. This would add additional complexity to the legislative framework around the scheme and would curtail the Lord Chancellor’s discretion to amend the scheme as provided by the 1988 Act. Under the current provisions, the Lord Chancellor can amend the scope of the scheme by order and the Government can consider more broadly what offences or types of offences are most appropriate for inclusion at any time, as we have announced we will do with terrorism offences. With the reassurance that the Government intend to honour their manifesto commitment, I hope that the noble Lord will feel happy to withdraw his amendment.
My Lords, I am grateful to the Minister for that response and the recognition that there is a need to act on this. I ask for her confirmation that the statutory instrument system available to the Minister to take the action I referred to is applicable in all the cases listed in the amendment. If she wants to intervene, she can by all means do so.
I was just going to ask whether I could confirm that in writing, because I would not want to give misinformation at the Dispatch Box.
That is fair enough. I accept that. I do not expect any Minister necessarily to carry all the details on their fingertips, but it would be helpful if we had a response on that before Report so that, if it is necessary to take this matter further on Report, there is an opportunity to do so.
The Minister heard the comments made by the noble Baronesses, Lady Howe of Idlicote and Lady Brinton, and by the noble Lord, Lord Ponsonby, on this matter. The feeling is generally shared that there needs to be action, and it is shared by the Government. The question is how it can be done and, perhaps more importantly, when it will be done. If these order-making facilities are available to the Minister, why have they not been used? If they are to be used, when will they be used? If there was a definitive statement in those terms we would be a little happier in withdrawing the amendment. There is an opportunity to come back on Report. I hope that between now and then these angles will be covered, either in correspondence or by other means, so we can be assured that action is not only promised but will be taken in a short timescale to put this right. On that basis, I beg leave to withdraw the amendment.
My Lords, I am grateful to the noble Lord, Lord Wigley, for his explanation of these amendments, which call for a review of the criminal law in relation to digital crime. The Government of course share the noble Lord’s concern about online crime, especially where new technologies, which the noble Lord, Lord Ponsonby referred to, are used to abuse, harass or intimidate people.
Amendment 230 seeks to codify the existing criminal law in relation to digital and cybercrime into a single statute. I share the noble Lord’s concerns about online crime, but I do not believe a single statute for digital and cybercrime would be helpful or a good use of resources. Indeed, I am not persuaded that the existing criminal law in this area is defective. As the Committee will be aware, any action that is illegal when committed offline is also illegal if committed online. Current legislation, some of which was passed before the digital age, has shown itself to be flexible and capable of catching and punishing offenders whether their crimes are committed by digital means or otherwise. The majority of the statutes and offences listed in Amendment 230 relate to offences that can be carried out by non-digital and digital means.
Producing a single statute, containing,
“powers to prosecute individuals who may have been involved in the commission of digital crime”,
as Amendment 230 suggests, would add further complications to the criminal law by creating new overlapping offences, reproducing and duplicating many existing laws. Furthermore, many existing offences would need to be retained for non-digital offending, so we would end up with parallel offences for crimes committed online and offline.
However, while I am not convinced of the need for a review as suggested here, I assure the noble Lord that where specific gaps in legislation are identified, or where new behaviours that should be criminalised are brought to light, we will continue to take action. The Government’s record has shown that we will and do legislate when we need to, such as passing the Serious Crime Act 2016, which further strengthened the Computer Misuse Act 1990.
Amendment 231 would require the Home Office to ensure funding is made available to every police force to train their officers in how to investigate digital crime and abuse. Mainstream cybercrime training is already available to police officers and while I have sympathy with the underlying objective of the noble Lord’s amendment, I do not believe that legislation is necessary to require police forces to provide such training. Furthermore, subsection (2) of the proposed new clause, requiring all police forces to record complaints of digital crime and abuse and their outcomes, is unnecessary as I can assure the noble Lord that work in this area is already under way.
From 2015, police-recorded crime data collection also includes a mandatory online flag that allows police forces to record online instances of crimes, including stalking and harassment, whether the crime took place wholly online or just had an online element to it. The Office for National Statistics published these data, for the first time, as experimental statistics in July. We welcome the continuing improvement in the statistics on reported fraud and cybercrime that better reflect the extent of the problem. Having an accurate picture is vital to informing the most appropriate response to these crimes. It is important that police forces be able to respond to changing technologies, and we recognise the need to support forces to invest in the capabilities they need. However, the training of police officers is an operational matter and critically, it is the police themselves who can best determine what their training needs are.
Amendment 231A seeks to create an array of new offences relating to digital surveillance and monitoring, presumably to address issues such as online harassment and stalking. The Government are absolutely clear that abusive and threatening behaviour is totally unacceptable in any form, online or offline. Existing legislation in the form of the Protection from Harassment Act 1997 includes the offences of stalking, harassment and putting people in fear of violence, and applies to offences committed online.
In 2015-16, almost 13,000 prosecutions were commenced for harassment and stalking offences—a rise of 864 offences from 2014-15 and the highest volume ever recorded. The Government have strengthened the law on stalking: an insidious crime that can involve a wide range of behaviours, which may include the misuse of digital equipment, spyware and social media. There is no exhaustive list of behaviours relating to stalking, but recognising the ongoing pattern of fixated, obsessive behaviour is really important in tackling stalking.
New stalking offences were introduced in 2012. They are stopping people living in fear and preventing escalation to more serious violence. In 2015-16, more than 1,100 prosecutions were commenced under the new stalking legislation. Our recent consultation on the introduction of a new civil stalking protection order demonstrates our determination to support victims of stalking at an earlier stage and address the behaviour of perpetrators before it becomes entrenched. This draws on our successful roll-out of other civil orders, such as FGM protection orders, domestic violence protection orders and sexual risk orders.
I am sorry to have gone on somewhat, but I hope the noble Lord recognises that the Government keep the criminal law in this area under review and that police forces are alive to the need to have the capabilities to tackle such crime. I hope the noble Lord will feel happy to withdraw his amendment.
My Lords, I am grateful to the noble Lord, Lord Ponsonby, for his support. I know the interest that the noble Baroness, Lady Howe, has taken in these matters. She had to leave before this debate but she has been one of the leading people in questions of cybercrime and associated matters.
At this time of night, I hate to be fractious with the Minister but I am afraid that what came over was complacency. There is an avalanche of cybercrime and associated dangers flooding the country. The police and other authorities do not have adequate resources, training or back-up to handle it. Unless action is taken to a much greater extent than it is now, this will overwhelm us. I urge the Minister, although she cannot agree with my amendment, to take back to the department the very serious worry that is represented by these amendments, to see what can be done to speed up action and provide more resources to enable those who have the responsibility of bringing perpetrators to justice to do that and not feel that they are fighting a losing battle. However, I beg leave to withdraw the amendment.
(8 years, 1 month ago)
Lords ChamberAs I said to the noble Lord, Lord Thomas—sorry, to the noble and learned Lord, Lord Morris; I will be in trouble twice now with the noble and learned Lord—there is a need to look at the guidance through the consultation, and we will take great interest in what that consultation says. However, the balance of public interest comes when the police need to publicise a person’s identity to allow other witnesses to come forward or further evidence to be brought forward.
My Lords, does the Minister accept that there is at least equal importance in the anonymity of victims? Is she aware of the amendment standing in my name to be moved at the later stages of the police Bill to address the difference of interpretation of the law from police station to police station in releasing names? Will the Government give a fair wind to the amendments that are before the House?
My Lords, not only will the Government give enough time to the amendments, but I am sure that, given the prominence of the issue both in Parliament and the media, the debate will be substantial and will benefit from all the expertise in your Lordships’ House.
My Lords, ring-fencing is being considered in the light of recent events, but we are going out to consultation on it. On speed of repair, we are doing things as quickly as possible.
My Lords, will the noble Baroness confirm that the allocation of any central funds by the Government will be on the basis of need, not on any arithmetic formula? That being so, can she further confirm that the resources made available to the devolved legislatures will also be on the basis of need and not on something such as the Barnett formula?
My Lords, they will be on the basis of need, but areas that have experienced higher than usual disruption because of flooding will also need to be considered.