Retained EU Law (Revocation and Reform) Bill

Debate between Viscount Hailsham and Baroness Williams of Trafford

Report stage
Monday 15th May 2023 Lords Chamber

[Viscount Hailsham (Con)]

But I asked a question; I did not make a speech before. The question is one that I want to emphasise now.

Time and time again, this House has had to address the ability of Parliament to amend statutory instruments. The explanation given by the noble and learned Lord, and by the noble Lord, Lord Lisvane, makes it plain that on the question of amendments, we have to rely entirely on the good faith and discretion of the Minister. What in fact was being said by the noble Lord, Lord Lisvane—I am grateful to him—is that the House, by a Motion, can express a view but the ability to change the statutory instrument depends on—

[Baroness Williams of Trafford (Con)]

My Lords, I think my noble friend is actually making a statement.

[Viscount Hailsham (Con)]

I am making a speech, not a statement. I do not think I know the difference between the two. I was making a contribution in the debate.

What the noble and learned Lord and the noble Lord have demonstrated is that the ability to amend statutory instruments is dependent upon the discretion of the Secretary of State. I have long taken the view, and I hope your Lordships would agree that, especially when you have so many statutory instruments, this House should be able to amend them—

[Baroness Williams of Trafford (Con)]

My noble friend is making a statement. He is not asking a question, and we should let others get on with their one speech.

Windsor Framework

Debate between Viscount Hailsham and Baroness Williams of Trafford

Tuesday 7th March 2023 Lords Chamber

[Viscount Hailsham (Con)]

My Lords—

[Baroness Williams of Trafford (Con)]

My Lords, shall we hear from the noble Baroness, Lady Ritchie, and then from my noble friend Lord Hailsham?

Metropolitan Police: Misconduct

Debate between Viscount Hailsham and Baroness Williams of Trafford

Wednesday 19th October 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I think we have a bit of time, so let us hear from my noble friend Lord Hailsham, followed by the noble Lord.

[Viscount Hailsham (Con)]

My Lords, may I put to my noble friend a model that Parliament has established for other professions, such as doctors and nurses? He will know that when a complaint is made to one of those authorities, it can be very rapidly transmitted to an independent interim appeals body, which can make an interim order of conditions or suspension pending a proper investigation of the complaint. Is that not a model that we should consider? Although I recognise that there would have to be an independent authority to which the initial complaint is made.

Migration and Economic Development Partnership with Rwanda

Debate between Viscount Hailsham and Baroness Williams of Trafford

Wednesday 15th June 2022 Lords Chamber

[Viscount Hailsham (Con)]

My Lords—

[Baroness Williams of Trafford (Con)]

I cannot hear either noble Lord.

[Viscount Hailsham (Con)]

I shall repeat to my noble friend the question that I put to her yesterday to which she did not respond. She responded instead to a question I did not ask, so now I repeat my question: given that the judiciary is going to come to a determined view on the legality of this policy of migration to Rwanda in the near future, is it not right, in accordance with natural justice and fairness, to defer any further flights until the judiciary has come to a considered view on the legality of the Government’s policy?

[Baroness Williams of Trafford (Con)]

My Lords, the judiciary has come to a considered view not once, not twice, but three times, and none considered the policy unlawful. My noble friend is correct in what he says about the ECHR and its ruling at 10 pm last night. My right honourable friend the Home Secretary will reflect on that judgment.

Asylum Seekers: Removal to Rwanda

Debate between Viscount Hailsham and Baroness Williams of Trafford

Tuesday 14th June 2022 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, before I start, I think this is an appropriate point to remember the victims of the Grenfell fire.

On morality, I do not think it is moral to allow people to stand by and allow people to drown, or to line the pockets of criminal gangs who seek to exploit people trying to cross in small boats. That is why we have safe and legal routes, which have in fact seen over 200,000 people arrive here since 2015. On the cost, I do not think we can put a price on human lives. I think we need to do all we can to deter these perilous journeys across the channel.

[Viscount Hailsham (Con)]

My Lords, given that the Court of Appeal will consider the legality of the policy very expeditiously, would it not be fair and in accordance with natural justice to postpone any further flights until such time as the Court of Appeal has come to a final decision on the legality of the policy?

[Baroness Williams of Trafford (Con)]

The courts have now determined twice and there will be a JR process in July. That will be the extent of my comments on the legal process, because it is ongoing.

UK-Rwanda Asylum Partnership Arrangement

Debate between Viscount Hailsham and Baroness Williams of Trafford

Monday 25th April 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, as your Lordships’ House does, there will be ample opportunity to discuss the aspects of this agreement. It complies with our international and other obligations. There will be ongoing monitoring of the agreement, and there is nothing in the United Nations refugee convention that prevents this happening.

[Viscount Hailsham (Con)]

Does my noble friend confirm that, in the face of legal challenge, the Government have withdrawn their turnabout policies? Does this not suggest that the legal advice from the Home Office that the Rwanda policy accords with our international obligations should be treated with a degree of caution?

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

My Lords, I think it is quite clear why we are taking action now.

[Viscount Hailsham (Con)]

Because of the May elections.

[Baroness Williams of Trafford (Con)]

No, absolutely not. This Bill has been going through both Houses of Parliament for some time. I am sure that noble Lords have observed that people are dying at sea because of the actions of criminals facilitating journeys to the UK.

Small Boats Incident in the Channel

Debate between Viscount Hailsham and Baroness Williams of Trafford

Thursday 25th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

Smugglers have a fairly international reach and are not necessarily based in the UK. Quite often, they are based in eastern Europe or the Balkans and they ply their trade across the world. Where they are based is almost irrelevant; their business model is based on people smuggling and multiple types of crime. Claiming asylum in the first safe country is a long-established international policy.

[Viscount Hailsham (Con)]

My Lords, may I reiterate an obvious point—that if we are to reduce the flow of cross-channel migration, and thus reduce the risk of tragedies, we really have to work very closely with the French? Our interests are the same. To promote that, can we please avoid unnecessary public criticism of and recriminations with the French? Incidentally, I entirely agree with the noble Lord, Lord Paddick, about boat turnabouts. It is a ridiculous proposition.

[Baroness Williams of Trafford (Con)]

I do not think my noble friend has heard me once today say anything negative about the French. The only thing that I have said is that it is essential that we work together. We are exploring all options on deterring people smugglers.

Pre-charge Police Bail: Time Limit

Debate between Viscount Hailsham and Baroness Williams of Trafford

Wednesday 26th February 2020 Lords Chamber

[Baroness Williams of Trafford]

I completely agree with the noble Baroness that this is not just about bail versus release under investigation; there is far more to concluding and charging people than just those two things. She referred to forensics and she will know, I hope, that we have put £28 million into increasing forensic capacity. She will also know, I hope, that we fully intend to put the Forensic Science Regulator on to a statutory footing.

[Viscount Hailsham (Con)]

My Lords, I encourage my noble friend to be very cautious about this for two reasons. First, by definition, it is not under judicial supervision. Secondly, extending the time limits would encourage the police to be rather dilatory in their inquiries.

[Baroness Williams of Trafford]

As I said to the noble Baroness, Lady Kennedy, we fully intend to put this on a statutory footing. RUI has increased following the legislation we passed some two or three years ago, sometimes to more than what bail would have been. We have to look at this area, but I take what my noble friend says.

European Union (Withdrawal Agreement) Bill

Debate between Viscount Hailsham and Baroness Williams of Trafford

Committee: 1st sitting (Hansard) & Committee stage & Committee: 1st sitting (Hansard): House of Lords
Tuesday 14th January 2020 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I thank noble Lords who have spoken to these amendments. We cannot support them, and I will outline why. The Government will provide for a right of appeal against citizens’ rights immigration decisions. While I commend noble Lords for their commitment to citizens’ rights, these amendments create unnecessary changes to the wording of Clause 11 and, at worst, undermine our ability to provide for a right of appeal in all circumstances and ensure consistency for judicial review, and even create perverse incentives to appeal decisions to gain the benefits of indefinite leave to remain.

Amendments 4 and 9 are unnecessary. EU citizens who are appealing a decision on residence must be able to appeal if refused leave, or given what they believe is an incorrect status under the EU settlement scheme, under our international agreements. It is also damaging, as a power is required to implement the numerous situations requiring appeals.

Amendment 5 is at best unnecessary and, at worst, could prevent the provision for necessary appeals. This Government will provide for a right of appeal against citizens’ rights immigration decisions. This is an essential part of our commitment to protecting the rights of EU citizens, EEA EFTA and Swiss nationals under the withdrawal agreement, the EEA EFTA Separation Agreement and the Swiss citizens’ rights agreement.

On Amendment 6, the current wording of Clause 11(1) allows the Government to make sufficient regulations in relation to appeals against citizens’ rights immigration decisions. It fulfils our commitment in the agreements and provides certainty to EU citizens that they shall have a right to appeals. Moreover, the Delegated Powers and Regulatory Reform Committee has recently commended the powers in the Bill as,

“naturally constrained by the scope of the particular matter contained in the Agreements”.

As such, Amendment 6 is unnecessary.

As for Amendment 7, it is in the public interest to make reviews of exclusion directions made in respect of those protected by our implementation of the withdrawal agreements consistent with how similar reviews are treated now. This power enables us to do this, but Amendment 7 would remove that ability.

Amendment 8 would make it harder for EU citizens to challenge an exclusion direction, would prevent the Government being able to prevent removal unless the appeal is certified and would create a perverse incentive for individuals to launch appeals to gain access to the benefits of indefinite leave to remain.

Amendment 10 seeks to limit the power in Clause 11 in relation to judicial review. It is in the public interest to make reviews of exclusion directions made in respect of those protected by our implementation of the agreements consistent with how similar reviews are treated. This power enables us to do this, but the amendment would remove that ability.

[Viscount Hailsham]

Will my noble friend give way?

--- Later in debate ---

[Baroness Williams of Trafford]

I will, but first I reiterate that appeals processes will be set out in the regulations to be made under the power in Clause 11. The regulations will be made in the last week of January, to answer the question asked by the noble Baroness, Lady Jones of Moulsecoomb. I may now be answering my noble friend’s question, because he asked whether we have a power to make changes to reviews, including judicial reviews. This limb of the power will be used to ensure that the legislation that interacts with new citizens’ appeal rights continues to function appropriately. It ensures that we can amend Section 2C of the Special Immigration Appeals Commission Act 1997 to provide that the Special Immigration Appeals Commission can hear reviews in respect of those protected by the agreements in the same way as they hear reviews in other cases, such as the most sensitive immigration cases. We will not be restricting the availability or scope of judicial review.

[Viscount Hailsham]

I would like just a little more clarity, although my noble friend has given quite a lot. Do I understand that what the Government are thinking of doing is procedural only, and they are not seeking in any way to curtail the substantive rights that presently arise under judicial review?

[Baroness Williams of Trafford]

I can confirm that.

ISIS: British People

Debate between Viscount Hailsham and Baroness Williams of Trafford

Wednesday 23rd October 2019 Lords Chamber

[Baroness Williams of Trafford]

My Lords, we have no intention of letting people fester, but the noble Lord will appreciate the fact that we obviously have no consular access so it is difficult to bring people to justice at the moment. We are in discussion with our international partners about what a suitable solution would look like, with agreement from those partners, in bringing people to justice.

[Viscount Hailsham (Con)]

My Lords, what steps are the Government taking to ensure that, when a passport is revoked, a person is not left stateless? Does she accept that having a possible claim in another country, based on parental birth or residence, is not necessarily the same as being a citizen of that other country? On a personal note, my mother was born in Dublin so I have a possible claim to Irish citizenship. However, I am not an Irish citizen so if my UK passport was revoked, I would be stateless—which I, at least, would regard as unfortunate.

[Baroness Williams of Trafford]

Well, other people may not.

Counterterrorism: Martyn’s Law

Debate between Viscount Hailsham and Baroness Williams of Trafford

Tuesday 22nd October 2019 Lords Chamber

[Baroness Williams of Trafford]

I know that the Security Minister met Martyn’s mum on 13 September, and whether legislation is needed is certainly one of the things that the Government are considering. I totally concur with the noble Lord that a lot of regulations are in place, but one thinks of some of the events over the last few years, particularly the shocking event in Manchester—I was there when the first bomb went off and I will never forget that night, particularly as I thought of the children of friends and family. Certainly the Government are seriously considering it.

[Viscount Hailsham (Con)]

My Lords, while I have a great respect for the views expressed by the noble Lord, may I ask my noble friend to be very cautious about this suggestion? The truth is that all large public venues—for that matter, any venue—are at risk from terrorist attack. The assessment of risk depends primarily on the information and facts known largely to the police and the security services, and is difficult for the organisers to assess themselves. The danger of going down this road is that there will be an awful lot of back-guarding litigation cost and disproportionate expense. I would be very cautious.

[Baroness Williams of Trafford]

I understand my noble friend’s point. However, take as an example two types of venue: the Parliamentary Estate, and the mitigating measures that the parliamentary authorities have put in around the estate to make your Lordships’ House and the other House safer following the London attacks; and venues where people might go to listen to music, and so on. The Government have a long-standing work programme to provide the owners and operators of these crowded places with high-quality advice and guidance. Therefore, when I say to the noble Lord, Lord Harris of Haringey, that we are considering it, I mean that we need to look at all the various things that are in place and come up with the right solution.

Sexual Offences: Anonymity

Debate between Viscount Hailsham and Baroness Williams of Trafford

Wednesday 3rd July 2019 Lords Chamber

[Baroness Williams of Trafford]

I would be very happy to meet the noble Lord—in fact, we met before his Bill had its Second Reading.

[Viscount Hailsham (Con)]

My Lords, may I say to my noble friend, in support of what has just been said by the noble Lord, Lord Paddick, that the best way forward is to have a presumption in favour of anonymity but to provide the courts with a right to disapply the presumption in the event that the court is satisfied that there is good reason, on application by either party; for example, to obtain evidence that might assist the prosecution or the defence?

Deaths in Police Custody

Debate between Viscount Hailsham and Baroness Williams of Trafford

Monday 30th October 2017 Lords Chamber

[Baroness Williams of Trafford]

The noble Lord makes a fair point about people who die post-police custody, which can occur because of a number of different factors. If there is a death after custody, that will still be looked into. I will have to write to him about the specifics.

[Viscount Hailsham (Con)]

My Lords, as one who used to participate in many inquests, I urge on my noble friend the importance of ensuring publicly funded representation at inquests. It is an important way of holding the police to account and scrutinising their actions, thus giving acceptability to the decision of the coroner. I suggest that the coroner should be the determinative voice in deciding whether public funding should be available. It would be good if this process extended not just to deaths in custody but to deaths as a result of police action.

[Baroness Williams of Trafford]

I recall my noble friend making this point during the passage of what is now the Policing and Crime Act. Certainly, the issue of how inquests are funded will be kept under consideration, so I thank him for raising it again today.

Policing and Crime Bill

Debate between Viscount Hailsham and Baroness Williams of Trafford

Ping Pong (Hansard): House of Lords
Wednesday 18th January 2017 Lords Chamber

[Baroness Williams of Trafford]

My Lords, the House will recall that Amendment 134 sought to increase the maximum penalty for the more serious stalking offence, where the behaviour of the offender puts a person in fear of violence, from the current five years to 10 years. The amendment would also increase the maximum penalty for the racially or religiously aggravated version of the offence from the current 10 years to 14 years. I would like to thank the noble Baroness, Lady Royall, but she is not in her place so I thank her in her absence, for introducing that amendment and explaining her concerns about the current maximum penalties during the debate on this amendment on Report.

The Government have reflected carefully on that debate and wish to ensure that the criminal justice system deals with these offences properly. The Government continue to keep maximum penalties under review and are ready to increase them where there is evidence that they are not sufficient to protect victims. Current sentencing practice suggests that, in the majority of cases, the maximum penalty of five years is sufficient to deal with serious stalking. In a small number of the most serious cases, however, courts have sentenced near to the current maximum. For those most serious cases, we are persuaded that judges should be able to pass a higher sentence than the current five-year maximum. This would afford greater protection to victims and be commensurate with the serious harm caused by these cases. The Government therefore tabled Amendment 134A, to which the Commons agreed, which replicates with some fine tuning the provisions of the noble Baroness’s amendment.

However, we are going further. As I said during debate on Report, we are keen to retain consistency between penalties for related offences. The Commons amendment in lieu will also therefore increase the maximum penalty for the related Section 4 harassment offence of putting a person in fear of violence. In line with standard practice, Amendment 134A also provides that the increase in maximum penalties for these offences will apply only to crimes committed on or after the date of commencement. As the Commons amendment in lieu builds on Lords Amendment 134, I trust that in the absence of the noble Baroness, Lady Royall, the whole House will be content with the substitution. I therefore beg to move.

[Viscount Hailsham]

My Lords, I am sorry to say that I really disagree with my noble friend on this matter. There is absolutely no justification for increasing the maximum sentence, and I have two reasons for saying that. First, I do not believe that the increase will provide an additional deterrent. Either the person in question is rational, in which case a maximum sentence of five years is a sufficient deterrent, or they are not rational, in which case it will make precious little difference. I note my noble friend’s point that the judges have rarely sentenced at the higher end of the existing maximum. My other point is a general one. I am very concerned about overcrowding in prisons. There has been a tendency to increase the sentences imposed by the courts. The newspapers and Parliament are responsible for that in part, and I do not wish to see Parliament increasing the pressure on our prisons. This is a small contribution to that, and I am bound to say I am against it.

Brexit: EU Nationals’ Right to Remain

Debate between Viscount Hailsham and Baroness Williams of Trafford

Wednesday 11th January 2017 Lords Chamber

[Baroness Williams of Trafford]

My Lords, the Government have been absolutely clear that we will seek to reach an agreement on this issue at an early stage of negotiations with the EU. I totally dispute the notion of a trade-off, because the EU’s refusal to guarantee the status of UK nationals elsewhere in the EU prior to negotiations shows that the Government have been absolutely right not to give away the guarantee of status for EU citizens in the UK. As the Prime Minister has said, that would have left UK citizens high and dry.

[Viscount Hailsham (Con)]

My Lords, may I remind my honourable friend that for the agriculturalists and horticulturalists in Lincolnshire and adjoining counties access to migrant labour is very important indeed? Without migrant labour it is probable that many of those businesses would not survive.

[Baroness Williams of Trafford]

My Lords, I totally agree with my noble friend—I am proud to be his honourable friend. Of course, this will be part and parcel of what we discuss. The Government totally acknowledge where the skills gaps lie, where temporary labour might be needed, and that will be important.

Policing and Crime Bill

Debate between Viscount Hailsham and Baroness Williams of Trafford

Report: 2nd sitting (Hansard): House of Lords
Wednesday 7th December 2016 Lords Chamber

[Viscount Hailsham]

My noble friend was good enough to say she would write to me and I am grateful. Would she include in her letter a response on what I would summarise as the service station point, and the point about when one’s wife or partner knows the whereabouts of the key to the gun safe?

[Baroness Williams of Trafford]

I certainly will. I would be very careful before going to my noble friend’s house, given the guns and their placement in various cars and things. I hope Viscountess Hailsham will be careful, too. I will certainly write to my noble friend on all those points.

Policing and Crime Bill

Debate between Viscount Hailsham and Baroness Williams of Trafford

Report: 1st sitting: House of Lords
Wednesday 30th November 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, these amendments return us to an issue that was debated at length in both the other place and in Committee in this House, namely whether it is ever right for designated members of police staff, or the new category of designated volunteers, to carry CS or PAVA sprays for defensive purposes—I stress the point that this is for defensive purposes.

I should point out to the House that, although most of our debates have been about whether it is right for volunteers to carry defensive sprays, Amendment 106 as drafted would also prevent chief officers equipping their existing paid staff, such as PCSOs, with such sprays. I assume this is not intention of the noble Lord, Lord Kennedy, but it would be helpful if he could clarify this when winding up.

When we debated this issue in Committee, a number of noble Lords expressed the view that the use of force is somehow incompatible with the PCSO role, and even more so for volunteers. For example, the noble Lord, Lord Paddick, said that the appropriate route for an individual who wishes,

“to volunteer to get involved in the use of force in the exercise of police powers”,

is,

“to become a special constable”.—[Official Report, 26/10/16; col. 267.]

I think he said that again today. However, it is important to put on record that, given the long-standing tradition of policing by consent, I would hope that no one who wishes to help with the policing of their community, as a police officer or a member of staff, whether paid or as a volunteer, does so with a view to using force against their fellow citizens. There are of course myriad roles which police officers, staff and volunteers perform regularly that do not involve the use of force.

Indeed, as we have discussed, the primary role of a PCSO across England and Wales is to engage with members of the public and to carry out low-level interventions such as dealing with anti-social behaviour. However, as was discussed in the House of Commons earlier this month, it is a sad fact of life that both police officers and PCSOs are assaulted and injured on duty. For example, in 2015-16, 270 assaults were reported by PCSOs in England and Wales, and those figures do not include the British Transport Police. It should be noted that this figure includes only assaults that officers report to their health and safety or human resource teams. In some cases, officers will choose not to report cases, as it is usually not compulsory to do so. Therefore, in reality, this figure is likely to be much higher.

We must therefore ensure that chief police officers are able to use their operational experience to make judgments as to the necessary level of defensive equipment and self-defence training that they make available to their officers and PCSOs. The only other option for chief police officers would be to withdraw their PCSOs from areas where there was a threat to their safety, potentially making disorder more likely if members of the community were unable to engage with a familiar face in uniform.

The situation is in essence no different from that of special constables, who are themselves volunteers. They have all the powers of a police officer, and a significant number are trained in the use of defensive sprays. I also point out that a small proportion of specials are trained in the use of public order tactics, so the use of force by appropriately trained police volunteers is not a new idea.

The noble Lord, Lord Paddick, has tabled Amendment 107, which would remove Clause 38 from the Bill. The change to Section 54 of the Firearms Act 1968 made by Clause 38(2) is consequential on the provisions in Clause 37 enabling designated volunteers to be given access to defensive sprays. It therefore follows that if Amendment 106 were agreed to, Clause 38(2) would be unnecessary. However, Clause 38(3) deals with a separate point, making it explicit that special constables are members of a police force for the purposes of the Firearms Act 1968 and therefore do not require a certificate or authorisation under the 1968 Act when equipped with a defensive spray. Accordingly, the amendment goes wider than I believe the noble Lord intends.

A question was asked about the most appropriate route for an individual who wishes to perform front-line policing to join the specials. I think I have already addressed that point but I add that there might be reasons why an individual who wants to volunteer to help to make his or her community safer chooses not to join the specials. These reforms will enable those who wish to help to keep their communities safe to do so even where they are unable to meet the requirements for being a special—the time commitment, for example, or they may be in an occupation where they are prevented from being a special, such as being a Border Force officer, but still have skills or experience that could be of value.

My noble friend Lord Hailsham asked about the order-making power in Clause 37(6) enabling the Home Secretary to make regulations that would allow police staff and volunteers to use a firearm. The power is primarily intended as a form of future-proofing. Should, for example, a new form of defensive spray that uses substances other than CS come on to the market—

[Viscount Hailsham]

I do not want to press my noble friend too hard on this as she may want to indulge in correspondence on the matter. However, the Explanatory Notes state, with reference to sub-paragraphs (b) and (c):

“This enables the issue of appropriate self-defence devices in future, once such a device has been tested and authorised”.

What is there in the Bill that confines the weapon to be authorised to a self-defensive device? It is open-ended, so it includes offensive weapons.

--- Later in debate ---

[Baroness Williams of Trafford]

I applaud the noble Baroness, Lady Walmsley, on her intention to ensure that children who have been abused have the proper provision following that abuse, mainly because they are often traumatised by their experiences. I share her desire to ensure that such children receive the support they need, including for their mental and physical health, but I must reiterate my strong belief that the overriding determinant of referral for health services must be clinical need.

[Viscount Hailsham]

With no coercion.

[Baroness Williams of Trafford]

With no coercion, as the noble Viscount says. The important thing is that all children and young people, not just those who are victims of sexual offences, get the right care at the right time, based on their needs—not on a non-clinician’s view of their potential needs, based on their experiences. Furthermore, the amendment makes no reference to obtaining consent.

I think that my noble friend Lord Hailsham referred to that. Individuals, including children or their parents or carers, as appropriate, need to consent to receive treatment. Where a person indicates that they would like to avail themselves of any referral, consent can be sought for the relevant personal details to be passed to the health provider. This is the proper course of action, rather than automatically passing personal details and potentially sensitive information about sexual abuse to a third party, even when that third party is a healthcare provider. We know there is more that can be done to meet the health needs of children and we are taking concrete steps to do that.

The Government wholeheartedly agree that mental health services should be available to children and young people who need them. We are investing significant funding to that end—but, as I have indicated, it would be wholly inappropriate for referrals to mental health services to be the responsibility of police officers rather than appropriately trained practitioners. I stand ready to meet the noble Baroness and other noble Lords who have put their name to this amendment to discuss these issues further, but I hope that at this stage the noble Baroness will agree to withdraw her amendment.

Brexit: Immigration Policy

Debate between Viscount Hailsham and Baroness Williams of Trafford

Wednesday 30th November 2016 Lords Chamber

[Baroness Williams of Trafford]

I thank the noble Lord for that. I have read the report and the recommendations, and I welcome the report. The Government have been clear that as we conduct our negotiations it must be a priority to regain more control of the numbers of people who come here from Europe. It would not be right, therefore, for us to give a running commentary on negotiations.

[Viscount Hailsham (Con)]

My Lords, in the context of immigration, may I remind my noble friend of the needs of the agricultural and horticultural industries in constituencies such as my former one? They are dependent on labour from abroad, most notably from eastern Europe, and if they are denied that resource they will face very considerable problems.

[Baroness Williams of Trafford]

I acknowledge what my noble friend says and I hope it will reassure him that we are talking to all sectors, not just the agricultural sector but sectors such as social care, because these things are very important as we move forward.

Independent Inquiry into Child Sexual Abuse

Debate between Viscount Hailsham and Baroness Williams of Trafford

Monday 17th October 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, the terms of reference were drawn up by the chair in consultation with the Home Secretary. The chair has made a statement today expressing her satisfaction with the terms of reference. As regards Judge Goddard, I understand that no concerns were raised formally and that my right honourable friend the Home Secretary had both a letter from Judge Goddard and what was presented to the Home Affairs Select Committee. Pausing for reflection is a matter for the independent inquiry. It is for the inquiry to decide whether it wishes to do that; it is not for us to tell it what to do.

[Viscount Hailsham (Con)]

My Lords, I suggest to my noble friend that the purpose and scope of the inquiry is hopelessly flawed and that it would be better now to scrap it entirely rather than waste any more money on it. If that is wholly impossible, can we have a much tighter remit as to procedure, purpose and timescale? That needs to be given immediate thought.

[Baroness Williams of Trafford]

My Lords, judging by today’s statement by the chair, I do not think that there is any intention of scrapping the inquiry. As I said earlier, an internal review of the inquiry is going on and an interim report is due out before the end of the financial year. I have outlined some of the things that the inquiry has achieved to date. But I must reiterate that it is independent and therefore we cannot dictate what it should do.

Migrants in France: UK Contribution

Debate between Viscount Hailsham and Baroness Williams of Trafford

Wednesday 12th October 2016 Lords Chamber

[Baroness Williams of Trafford]

On the latter point, yes, I am confident. I also join the noble Lord in paying tribute to the volunteers who have given their time to help in a dire situation in Calais. I am sure we all pay tribute to them.

[Viscount Hailsham (Con)]

My Lords, I hope my noble friend will say nothing to the French authorities to delay the clearance of the camps. The attacks on British subjects who are using the roads nearby are intolerable.

[Baroness Williams of Trafford]

My noble friend makes a valid point about these camps not being a suitable place for anybody to be. Therefore the renewed effort by the British Government and the French authorities to get people away from the camps, and either back to their countries or to reception centres where they will be safe and able to proceed with asylum claims or access other areas of support that they might need, is definitely the right approach.