Draft Enhanced Terrorism Prevention and Investigation Measures Bill: Joint Committee Report

Baroness Doocey Excerpts

Tuesday 23rd April 2013 Grand Committee

[Baroness Doocey]

My Lords, as a member of the Joint Committee that considered the draft ETPIMs Bill, I seek clarification from the Government on three points. The first is emergency legislation. The committee considered the draft Bill in the context of recently enacted TPIMs legislation and accepted it to be a positive move away from control orders. However, I entirely agree with the comments made by the noble Lord, Lord Plant: the progress of TPIMs legislation could have included the option for such powers in the 2011 Act, but instead there was talk of emergency legislation should such a need for extra powers arise. The suggestion of emergency legislation for an ETPIMs Bill strikes me as unacceptable to the principles of parliamentary scrutiny. I urge the Government to think again on this point.

The noble Lord has suggested, and the committee is very much in agreement with this, consolidating TPIMs and ETPIMs legislation without the pressure of time or security threat. By its very nature, emergency legislation requires enactment in a very short time—perhaps just a few days. The committee heard that in such exceptional circumstances the Home Secretary would be severely restricted in what information he or she would be able to share with Parliament. One of our witnesses said that the Home Secretary would almost be in a position of saying:

“‘Trust me, or don’t trust me, if you dare’”.

It is essential that a credible process of briefing and scrutiny takes place in the event that ETPIMs legislation is brought forward. It is our duty to scrutinise; it would not do to reply on trust or indeed to offer private briefings to select Members. The formal government response to our report acknowledges that one way to achieve this would be to brief the Intelligence and Security Committee and for it to report to Parliament. Such a structured approach is far preferable to the informal “trust me” option.

My second area of concern is the definition of “exceptional circumstances”. I encourage the Government to be clearer about the rare and exceptional nature of the circumstances that might require the additional powers covered by the draft ETPIMs Bill. There was consensus on the committee that such circumstances were at the rarer end of the spectrum of seriousness, but we heard a call for ETPIMs to be enacted ahead of the 2012 Olympic Games. This was sensibly rejected, but it indicates to me that more clarity is needed.

The Government’s response was that exceptional circumstances were those in which a serious terrorist threat required the additional ETPIMs powers. However, such a definition sheds little light beyond the dictionary meaning of the word “exceptional”. I ask the Minister to reflect on this because our discussions today may well be examined in years to come to see what we intended. The Government must be clearer on this matter.

I welcome, as did the committee, the assurance from the Government that they will establish a formal review group for any ETPIMs orders mirroring those operated for existing TPIMs orders. This would be an important safeguard to ensure that each ETPIMs order goes no further than absolutely necessary in its demands on the person involved.

My third concern is about judicial process. We are all agreed that where possible we must always prosecute those involved in terrorism. A fair and open trial must be the ultimate aim in all cases. To introduce administrative orders restricting liberty stretches the principle of justice that we hold dear. That is why it is right that, unlike control orders, TPIMs and ETPIMs are time-limited measures. However, such time limits mean that we must be ready to answer the question: what happens when the time is up? The Government must take real steps to develop TPIMs exit strategies based around deradicalisation and judicial processes. I recognise that the use of intercept evidence in court will not, in itself, remove the need for TPIMs or ETPIMs, but it may help in later judicial processes. That means that the Government must continue to examine ways to make intercept evidence admissible in our courts, as it is elsewhere in the world.

The Joint Committee was clear that exit strategies from TPIMs and possible ETPIMs must be developed in every case. From my reading of the Government’s response, this is a recommendation that has been accepted. However, will the Minister confirm that clear exit strategies are currently in place for each TPIMs order? What is proposed for those higher-risk cases where neither prosecution nor deportation is considered possible? I look forward to the Minister’s response but I retain the hope that the circumstances requiring the introduction of ETPIMs legislation will not come about.

Crime: Detection Rates

Baroness Doocey Excerpts

Thursday 14th March 2013 Lords Chamber

[Lord Taylor of Holbeach]

As the noble Baroness will know, some concerns have been raised by the Director of Public Prosecutions about false allegations of rape. His report clearly shows that these cases are very few and far between and that police forces should be encouraged to take rape allegations more seriously, as indeed they should any allegations of forced marriage.

[Baroness Doocey]

My Lords, does the Minister share my concern that the Metropolitan Police are spending £4 million a year on international travel and more than £1.5 million a year on providing chauffeur-driven cars for ACPO officers—money that could be better spent on employing 80 police officers to deal with crime detection?

[Lord Taylor of Holbeach]

That may well be so, and my noble friend makes a very good point. The governance of the Metropolitan Police lies, of course, in the hands of the Mayor of London, and I know of no more vigorous pursuer of value for money than the Mayor of London.

Police Integrity

Baroness Doocey Excerpts

Tuesday 12th February 2013 Lords Chamber

[Baroness Doocey]

My Lords, I, too, very much welcome the Statement, particularly the fact that the IPCC will now investigate all serious offences. For too long, we have had the ridiculous situation of the police investigating themselves, so this is a very welcome move indeed. I also welcome the other changes that the Minister has outlined.

However, there is another problem that needs to be addressed: the issue of police officers with a criminal conviction being allowed to remain as serving police officers. I have looked at this issue over the years, most recently in January 2012. I was looking at it in respect of the Metropolitan Police but I suspect that in other police forces the pattern is similar. I was absolutely shocked to find that there were 400 serving Metropolitan Police officers who had had a criminal conviction, a caution or a penalty note for disorder. Fifty-five of these were for offences of violence—of which 30 were for assault, ranging from battery through to actual bodily harm—and 22 for offences involving dishonesty.

All sorts of issues come out of this. For example, can it be right that serving police officers who have a conviction for violence are able to volunteer to be trained to use firearms or tasers? Can it be right that police officers who have a conviction for dishonesty can then appear in court? It seems inconceivable that police officers with serious criminal convictions should be allowed to serve. I urge the Government to look at this as a matter of urgency.

[Lord Taylor of Holbeach]

I am equally shocked by the figures that my noble friend Lady Doocey has evidenced. We had the case of Simon Harwood, which I think made everyone aware that it was possible for people to resign from one force and sign on with another. This is designed to make that much more difficult. Indeed, as I have said, the vetting of constable appointments will make it very much more difficult, and that will address the concerns that my noble friend has expressed.

Police: Strike Action

Baroness Doocey Excerpts

Thursday 18th October 2012 Lords Chamber

[Lord Taylor of Holbeach]

I thank my noble friend for a positive contribution which takes the debate forward. As I think I have expressed, the Government are anxious to make sure that the relationship is a good one. We are not alone in our relationship with special groups of people. The Prison Service and the armed services also have prohibitions on striking. We recognise the importance of our relationship with the police service.

[Baroness Doocey]

My Lords—

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[Lord McNally]

I think that noble Lords will find that I have given a fair run around the House. It is fair to hear from my noble friend Lady Doocey.

[Baroness Doocey]

My Lords, do the Government accept that when they reform provisions for long-term sickness, a distinction must be made for police officers who have been injured in the line of duty so that they are not unfairly penalised?

[Lord Taylor of Holbeach]

That extends the Question a little further than my brief. We recognise that the retirement age for the police will remain at 60, even under the renewed proposals; it will not be made the same as for others. Everybody realises that it is a stressful job that can involve physical hazards. I appreciate the supplementary question, but I am sorry that I cannot comment in detail on it.

Crime and Courts Bill [HL]

Baroness Doocey Excerpts

Wednesday 20th June 2012 Lords Chamber

[Baroness Hamwee]

My Lords, my noble friend Lady Doocey and I have Amendment 58A in this group. I shall leave it to her to speak to the substance of the regulations referred to. The amendment would simply make the regulations to be introduced under new Section 26C of the Police Reform Act 2002 subject to affirmative resolution.

[Baroness Doocey]

My Lords, my concern is about the type of investigation that the Independent Police Complaints Commission might carry out in relation to the National Crime Agency. The Government want the NCA to be,

“a transparent and accountable organization open to the public it protects”.

To satisfy those criteria, formal scrutiny and investigations must be thorough and above suspicion. I am concerned that the provisions for scrutiny and transparency in the Bill are inadequate.

I am concerned particularly about how the IPCC might carry out its functions. The Bill gives the IPCC the power to undertake investigations into complaints about misconduct, serious injury, death or other matters at the discretion of the Secretary of State, the object being to give the IPCC oversight of the NCA in broadly the same way as it oversees the police. However, as the noble Lord, Lord Rosser, said, the NCA will have considerable powers—far greater than any police force—so it requires much more rigorous scrutiny on the part of the IPCC.

The situation now is that, if a complaint or allegation is made to the IPCC, it makes a decision as to what it will do to investigate it. It has four choices. The highest level of investigation is an independent investigation, carried out by IPCC investigators and overseen by an IPCC commissioner. The second level is a managed investigation, carried out by a police force’s professional standards department but under the direction of the IPCC. The third level is a supervised investigation, also carried out by a police professional standards department but under its own direction and control. The IPCC merely sets the terms of reference and receives the investigation report when it is complete. The lowest level is a local investigation which is carried out entirely by police.

Despite there being four different options open to the IPCC, the evidence shows that in the vast majority of cases it opts for a supervised investigation, which in practice means that it leaves the police to investigate themselves. This policy is at best questionable when applied to police forces, but is completely unacceptable when applied to the NCA, given the enormous powers that that body will have. It is essential that all investigations into the NCA are independent, carried out by the IPCC and overseen by an IPCC commissioner.

Everyone accepts that the NCA will be handling sensitive and confidential information, but that just increases the need for independent scrutiny. I would welcome an assurance from the Minister that serious complaints and allegations of misconduct in the NCA will be independently investigated so that the public can have full confidence in the processes and procedures.

[Lord Henley]

My Lords, as always when dealing with a group of four amendments—in this case, three from noble Lords opposite and one from my noble friends behind me—I start with the good news. Amendment 57 would alter what is currently a power to make the relevant regulations to a duty to do so. We have every intention of exercising this power for the simple reason that it is only through that mechanism that we can confer the necessary functions on the IPCC. That being the case, the Government would be very happy to accept the noble Lord’s Amendment 57. That is the good news; the Government have agreed to change “may” to “must”. In the past when I have sat where the noble Lord is, I have frequently put forward amendments changing “may” to “must”, because it always provides the Government with an opportunity to explain what they are doing, and sometimes, just occasionally, one gets concessions. The same goes for those amendments that we have all put down demanding that negative resolution be shifted to affirmative. I have given the noble Lord his Amendment 57.

I cannot be quite so accommodating with Amendment 58, which appears to be similar. It states that the regulations made under new Section 26C of the Police Reform Act 2002 “must” apply the provisions of Part 2 of that Act, subject to any necessary modifications, and make provision for the agency to contribute to the costs of the IPCC. On this occasion, it is important to retain flexibility as to the content of the regulations, including, for example, the funding arrangements for meeting the costs of the IPCC’s work in relation to the NCA.

Amendment 56 is unnecessary. Paragraph 9 of Schedule 6 makes the necessary amendment to Section 10(1)(g) of the Police Reform Act 2002—of blessed memory. That amendment, together with the regulations to be made under new Section 26C, will ensure that the IPCC has the same functions in relation to the NCA, with appropriate modifications, as in relation to police forces. For that reason, Amendment 56 is unnecessary.

Amendment 58A was spoken to by my noble friends Lady Hamwee and Lady Doocey. My noble friend Lady Hamwee indicated that her intention was for the power to make the regulations to be subject to the affirmative resolution procedure. In fact, the effect of the amendment would be that regulations could be made without being subject to any parliamentary procedure. That is a drafting point and I shall not dwell on it, but if my noble friend wanted to move to an affirmative procedure, it would have to be addressed in due course. We decided on the negative procedure. My understanding is that that was deemed appropriate by the Delegated Powers Committee.

My noble friend Lady Doocey wanted to ensure that all complaints against NCA officers could be independently investigated, which is the substantive part of her amendment. The form of investigation conducted by the IPCC will be a matter for regulations. Our starting point will be that the arrangements for the agency should be consistent with the arrangements for dealing with complaints against police forces; that is, the regulations will set out which complaints should be referred to the IPCC for a mode of investigation. Where complaints are serious but do not have to be referred, complainants will still have a right of appeal to the IPCC. Where the complaint is less serious, we think that it is appropriate that the appeal is handled within the National Crime Agency. This is the more proportionate response and will ensure that the IPCC’s resources are used to deal with more serious complaints.

Crime and Courts Bill [HL]

Baroness Doocey Excerpts

Monday 18th June 2012 Lords Chamber

[Baroness Hamwee]

My Lords, Amendments 31 and 46A are also in this group. I will speak to Amendment 31 and my noble friend Lady Doocey will speak to Amendment 46A.

I need to credit Amendment 27A to my noble friend Lord Thomas of Gresford who, I think at Second Reading, asked the Minister—I am not sure that the idea did not come to him during Second Reading—whether there should be some sort of protocol to govern the relationships between the various agencies—I use that term in the widest sense—that will be affected by the NCA. We had a similar notion that was pursued during the passage of the Police Reform and Social Responsibility Act.

Clause 5 deals with relationships between the NCA and other agencies. The NCA can request or require them to undertake a task or indeed can itself be tasked, and there are those with which it has a duty to co-operate, to exchange information and to give or be given voluntary or directed assistance. All of that is easy to say and probably less easy always to implement. These relationships can be tricky. The different organisations will have different, inevitably competing, priorities. They will all have different governance structures. You cannot require people to co-operate with one another. Having said that, I think that the Police Reform and Social Responsibility Act did require that and I never quite understood how you could insist on co-operation. There will be different views, not just as to what is to be done but also how it is to be done. All of this suggests that there will need to be protocols—I have referred in the amendment to matters which I know my noble friend will take up, in particular training and the interoperability of equipment—and a mechanism to bring the different agencies together.

Amendment 31 deals with consultation in the preparation of a framework document including the protocol. I thought it was appropriate to bring it in at that point as well. I am not wedded to the arrangements being as I have spelled them out but we need to understand how the Government envisage these things being put into practice rather than just being, as I say, fairly easy words on paper. I beg to move.

[Baroness Doocey]

My Lords, I would like to say a few words about three issues. The first is training. Most of the training that is currently done with police forces tends to be computer-based training. There is a place for computer-based training but mainly to deliver knowledge or awareness. The NCA is going to be a very major body with huge responsibility, and most of the training the officers are going to require will impact on attitudes and behaviour. Therefore, I believe it needs to be done on a one-to-one basis. I urge the Government to consider putting some money into this aspect of the training. I know that one-to-one training is much more expensive than computer-based training but I believe, first, that it is absolutely essential and, secondly, that it will pay dividends because just doing computer-based training will not provide the sort of officers that will be needed for this role.

The second issue is IT. There is no doubt about the IT requirements of the NCA. The intelligence hub that will be at its centre will require major IT and the functioning of the hub will be vital to the functioning of the NCA. There have been many interoperability problems, not just within local police forces but between national police forces. I remember the fiasco when the Metropolitan Police tried to upgrade its mobile data terminal with in-car automatic number plate recognition, which resulted in huge problems. Systems collapsed and had to be rebooted every time the police got into a car. The problem was eventually resolved, but there were basically no systems for several months and there were great costs. I believe that the lessons learnt from that ought to be required reading for anyone who is going to have anything to do with IT for the NCA.

Airwave, the system whereby police radios should speak to each other, is another issue. After many upgrades and after many millions of pounds have been thrown at it—I was very involved in this—there are still problems. There are particular problems with, for example, the Met talking to forces next door. For example, where I live in Hampton, the problems with Met Police radios trying to talk to Surrey Police radios have not yet been resolved. There are going to be teething problems at the very least.

Multiple keying bothers me particularly. Most police systems are antiquated and require the input and reinput of data time and time again. I am not convinced by anything that I have read so far that the Government have looked at this in sufficient detail and given it the priority that it really deserves and needs to resolve these problems. I urge the Government to set up a small specialist group to look specifically at IT interoperability systems before they go much further and certainly before the passage of the Bill through both Houses.

Finally, I turn to Schedule 4 and the regulations about equipment. I would be very interested to understand what this means because it seems to suggest that the Secretary of State is going to determine what equipment the NCA should use. It seems at odds with the idea of setting up a very large organisation under a director-general then to prescribe and insist that it uses particular equipment. That seems to be totally against the spirit of everything else in the Bill. I would welcome some additional information on that.

[Baroness Smith of Basildon]

My Lords, again, I have some sympathy with these amendments. I have resisted the temptation of putting forward amendments on different issues that should be included in the framework document, but the noble Baronesses, Lady Hamwee and Lady Doocey, are right that not having the framework document and having only very limited information about what will be in it means that, at this stage, the Committee has to seek assurances about things that we consider it important should be in the document. So far I have resisted the temptation, but if we got to Report and did not have the document, that temptation may be given free rein.

The issues that have been raised are extremely important and perhaps these amendments do not go as far as we would have gone. They talk about protocol relationships, which is slightly weaker than some of the things that we would have suggested, in terms of how the relationships would work and what should be in the framework document. However, I say to noble Lords that if they do not want to accept these amendments, they have only themselves to blame. We really need to see this framework document as a matter of urgency. Debating this Bill without it means that we will be having some debates not once but two or three times, because not only will we have to debate the issues now but when we get the document we will want to debate them again. It is in the interests of good governance and good progress of business in this House that we have the framework document as soon as possible.

I am also interested in what the Minister has to say about Amendment 46A. Like the noble Baroness, Lady Doocey, I inferred from that that the fact that the Secretary of State would be making decisions and regulations on the equipment to be used seems a highly operational matter. I am not convinced—though the noble Lord may have information to the contrary that will convince me—that it is an appropriate involvement in operational details of NCA work or why the Secretary of State wants that power. I would be interested to hear what the Minister has to say about that amendment. On the other amendments, we need to ensure that these kinds of issues are going to be determined in the framework document. Any enlightenment that he can give us would be extremely helpful.

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With the assurance that the director-general will, where appropriate, seek to agree detailed operational protocols with the NCA’s law enforcement and other partners, I hope that my noble friend will feel able to withdraw her amendment. I do not suppose we will get to it tonight but I also hope that my noble friend Lady Doocey will not find it necessary to move Amendment 46A.

[Baroness Doocey]

I am happy to withdraw the amendment.

[The Deputy Chairman of Committees (Lord Geddes)]

We have reached Amendment 27A. Is the noble Baroness, Lady Hamwee, withdrawing it?

Crime and Courts Bill [HL]

Baroness Doocey Excerpts

Monday 18th June 2012 Lords Chamber

[Baroness Butler-Sloss]

My Lords, I strongly support these amendments and Amendment 22, to which I assume the noble Baroness, Lady Doocey, will speak in a moment. Two All-Party Groups have today published their Report from the Joint Inquiry into Children who go Missing from Care—I am relieved that it came out today so that I can refer to it. In doing so, I need to declare an interest. At least I hope that it is an interest, because I should at this moment be at the annual general meeting of the All-Party Parliamentary Group on Human Trafficking, where I hope the group will decide to retain me as co-chair. However, I thought that it was more important that I should be present here to speak to the amendment of the noble Lord, Lord McColl.

The report from the joint inquiry makes some extremely important and worrying comments and recommendations in relation to trafficked children, many of whom are foreign children trafficked into this country. It has found from having heard a lot of evidence that it is estimated from,

“the patchy and incomplete data that is available on trafficked children”—

which is one of the most worrying aspects of this report—

“that 60% of suspected child victims of trafficking in local authority care go missing”.

The noble Lord, Lord McColl, referred particularly to sexual exploitation, but the finding of the parliamentary groups is that:

“Being exploited for labour is the most common form of exploitation for trafficked children, followed by sexual exploitation, cannabis cultivation, domestic servitude, benefit fraud, street crime and forced marriage. Many of the victims are subject to multiple forms of exploitation”.

Among their key recommendations is:

“A completely new system of reporting incidents of children going missing from care, which combines data from both the police and local authorities”.

Although the Minister might be wondering why on earth I am talking about what he might think is a matter for the Department for Education, this issue affects the NCA just as much it affects local authorities through the Department for Education. One of the major problems is that the police are not given information about children going missing from care homes where they have been placed, either because the local authority does not have that information or because the children are in another local authority which is not the local authority concerned with the children. It is a crying scandal that nobody knows anything about large numbers of missing children in this country except the place from where they went. Those data are not passed to the police. The police must be proactive in finding out what is happening to children.

The figures that local authorities give are peanuts compared with the figures that the police give. Local authorities say that it is about 900; the police think that it is probably about 10,000. Some of those children are trafficked children. I am very concerned that the United Kingdom HTC at Birmingham, which is doing sterling work, does not receive all the relevant data. One of the great problems here is the lack of a national rapporteur, or an equivalent mechanism under Article 19 of the directive. No organisation, even the UKHTC, seems to be given all the relevant information about children and adults who are the victims of trafficking. Data are crucial. The Dutch rapporteur has come to this country from time to time explaining how, in Holland, she is responsible for all the data, which she can give to the relevant police authorities. That is an extremely important aspect.

Amendments 3A and 3B—and, indeed, Amendment 22—would remind the NCA of an overriding obligation to deal with one of the most important and worrying crimes in this country, which is the receipt of foreign people who are trafficked and the internal trafficking of our own children. The police need to be proactive. The NCA needs to make sure that police, right down the scale, are aware, so that if they see a child in an odd situation, they should find out whether that child is missing from a care home or foster home or, perhaps more importantly, wonder whether the child is a trafficked child.

The point made by the parliamentary group is that most child victims go missing within one week of being in care, often before being registered; and almost two-thirds of trafficked children are never found. One reason that the non-British trafficked children go missing from care is that they have been groomed by their traffickers not to let anybody in this country know about it, either because they are frightened of the police or, much more likely, because they have been threatened with what may happen to their families. They are not immediately obvious, but that does not mean that we do not have, and that the NCA should not have, an absolute obligation to seek out those children and adults who are in a similar position—in particular, if I may come back to it, to deal with the inadequate and patchy data. That is something that the NCA should have responsibility for in passing all the information it has to the UKHTC in Birmingham, if that is the best place.

I wonder whether the Government should rethink where national data should be placed to ensure that they are all produced—what CEOP, the NRM and everyone else, in particular local authorities which may end up with information about the children they take, have. The Department for Education should be working much more closely with the Ministry of Justice, police and local authorities. I believe that the only way in which it will work more closely is if it is stated in primary legislation what should be done.

[Baroness Doocey]

My Lords, regarding Amendment 22, I am concerned at the failure of the Bill to deal adequately with the problems of child trafficking. I was also concerned at Second Reading that the Minister’s only reference to child-related crime was a mention of the exploitation of children for sexual purposes. This is not the same as child trafficking; the two are separate issues and dealing with one does not necessarily deal with the other.

Because the Bill is silent on child trafficking, it is unclear where responsibility is going to lie. Will it be with CEOP or the new operational command for border policing and immigration crime, or will it be divided between the two? I very much agree with the comments made by the noble and learned Baroness, Lady Butler-Sloss, that the difficulty is we really need something that deals exclusively with children. The ideal solution would be the establishment of a child-focused operational command within the NCA that could deal with all problems pertaining to child-related crime, including all forms of child trafficking and child exploitation.

Amendment 22 would not force the NCA to establish such an operational command since that is clearly a policy decision. However putting the words “child trafficking” on the face of the Bill would make it abundantly clear that this was a prime duty that the NCA had to address.

From the official statistics, which are woefully inadequate, we know for certain that in the past two years more than 600 children were trafficked into the UK. However, this is likely to be the tip of the iceberg because it is almost impossible to get the real figures. One reason for this is because trafficking legislation requires evidence sometimes called double intent, which means that it is necessary to prove both an intent to transport and an intent to exploit. Often, evidence exists of one or the other, but seldom both. For example, trafficking legislation cannot be used if a child arrives in UK with an adult but there is no evidence to prove that the same adult will exploit the child during its time in the UK. Such cases are usually prosecuted under immigration legislation. They are then not recorded as child trafficking, they do not go into the official statistics, and the official figures therefore hugely underestimate the problem.

The types of child exploitation are varied. Domestic servitude is a major issue and always has been, but looking after cannabis plants—I think it is called “cultivation”—is a major issue for children, particularly those brought in from Vietnam. Vietnam has consistently ranked in the top two countries for child referrals since 2009 when the national referral mechanism began. Despite this, there has not been a single prosecution under UK law for the trafficking of children for forced labour in cultivating cannabis, although Vietnamese children are regularly arrested and prosecuted in the UK for drug-related offences.

I urge the Committee to support this amendment. If we can get the words “child trafficking” on the face of the Bill, it will elevate the problem to a major responsibility of the NCA and something that has to be taken very seriously, that cannot be split between different operational commands and cannot just be pushed to one side. This is a very serious problem and it needs to be seriously addressed.

[Lord Neill of Bladen]

Will the noble Lord, Lord McColl of Dulwich, say that his amendment is essential in relation to the directive? In other words, if his amendment were forgotten about or did not exist, would the Bill contain provisions that have the same effect, or are his provisions critical to the UK’s ability to carry out its duties under the 2011 directive?

Crime and Courts Bill [HL]

Baroness Doocey Excerpts

Monday 28th May 2012 Lords Chamber

[Baroness Doocey]

My Lords, I broadly welcome the Bill, but I have some concerns about Part 1. My greatest concern is how the Bill will affect the battle against child trafficking and I endorse all the comments made in this area by other noble Lords.

It is not clear to me where responsibility will sit in the proposed new set-up or how the NCA will address the trafficking of children as part of its remit. The information available suggests that responsibility will be split between two separate operational commands of the NCA and child trafficking will not be a primary duty of either of them. If this assessment is correct, the Bill will create a very unsatisfactory situation. The ideal solution would be the establishment of a single, child-focused operational command within the NCA, whose specific remit is to deal with all child-related crime, including all forms of child trafficking and child exploitation.

I would like now to turn to budgets. The NCA will have a wider reach than its predecessors, yet it is proposed that the NCA will be delivered within the budget of its precursor organisations. This is to be achieved through effective prioritisation and smarter use of assets. But the NCA will be a major new organisation, which will require considerable IT support and equipment for it to be effective. I have great difficulty believing that this can be achieved within existing budgets.

I very much welcome the proposal to establish an intelligence hub within the NCA, but it will not be effective unless it is properly resourced, staffed with real experts, and equipped with state-of-the-art information technology. Efficient IT must play a key role in the NCA. However, most existing police IT systems are incompatible, antiquated and require the endless keying and rekeying of the same data. Given that the intelligence hub will be central to the functioning of the NCA, and that IT will be central to the functioning of the intelligence hub, it is absolutely essential that IT systems facilitate easy access to electronic intelligence. So we need to know how the Government propose to resolve the issues around the interoperability of the various IT systems.

The Bill is unclear about the relationship between the NCA, chief officers and police and crime commissioners. In particular, the directive powers of the NCA, especially directed tasking, appear to conflict with the statutory responsibilities of PCCs for the totality of policing within their jurisdiction. The Bill seems to assume that the priorities of PCCs will automatically be aligned with the directive powers of the NCA’s director-general. But what happens if the NCA requests or requires police force A to provide assistance to police force B just before an election, when the PCC of force A wants his officers to concentrate all their energy on local issues in order to get re-elected? The Government need to provide greater clarity regarding the interrelationship between the NCA and PCCs and how conflicts will be resolved.

The NCA will have considerable powers, so formal scrutiny, investigations and inspections must be rigorous and transparent. The NCA will be subject to investigation by the Independent Police Complaints Commission and to inspections by Her Majesty’s Inspectorate of Constabulary. The Bill proposes that the IPCC will treat any wrongdoing in the NCA in the same way that it treats ordinary police forces. Although the IPCC may implement any of four modes of investigation, in practice, in most cases, it opts for supervised investigations, which effectively means the police force investigating itself. The IPCC justifies this policy on the grounds of limited resources.

The NCA will have far greater powers than an ordinary police force. It therefore follows that any wrongdoing must be independently investigated, so that the public can have confidence in the processes and procedures. Likewise, the proposal that HMIC will arrive at an agreed framework for inspections with the NCA is unsatisfactory. There also need to be unannounced inspections to help maintain public confidence.

At least some, and perhaps most, NCA officers will have operational powers, but NCA officers do not necessarily need to have held operational powers previously. There is also a proposal to appoint volunteer officers, similar to special constables. I very much welcome that, because I think that it will enhance the agency, but there will be a significant need for training for both full-time officers and volunteers. This training will need to be done on a one-to-one basis rather than by officers sitting in front of a computer, so it will cost a lot of money. Will the new professional police body be responsible for organising training for the NCA, or will training be split between various providers? If the latter, how will consistency be maintained?

How will the culture and benefits of employees who come from significantly different backgrounds be brought together? How will police terms and conditions be aligned with those of the security services or Customs and Excise? If one employee has a larger pension, does it follow that another gets higher pay? If there are differences in pay and benefits between NCA employees, that could cause internal problems, but if the employees are all on similar benefits, there could be disparities with the organisations from which they are drawn. That could lead to perverse incentives at one end of the equation or the other, with either a glut or a drought of employees with particular skill sets.

I hope that the Minister can address those concerns in his response.

Police (Collaboration: Specified Function) Order 2012

Baroness Doocey Excerpts

Tuesday 22nd May 2012 Grand Committee

[The Minister of State, Home Office (Lord Henley)]

My Lords, the order concerns the arrangements for providing air support to the police forces of England and Wales. It specifies the provision of police air support as a function that must be carried out through a collaboration agreement applying to all police areas in England and Wales.

Sections 22A to 23I of the Police Act 1996 make provision for police collaboration in England and Wales. Section 22A provides for the making of collaboration agreements involving policing bodies and chief officers of police. Section 23FA enables the Secretary of State to specify police functions that must be the subject of collaboration. The order is to be made under Section 23FA. Orders made under this section must be approved by both Houses beforehand; this procedural requirement is imposed by Section 23FA(4). This is the first order made under Section 23FA.

The scope of the collaboration agreement to be made under the order will include the operation of aircraft, staffing, equipment, airbases, ground control facilities, and maintenance arrangements, facilities and other resources necessary for such air operations. The order establishes the required outcome—a national collaborative agreement for the provision of air support—but the detailed terms are a matter for policing bodies and forces to agree.

The background to the order is a review of police air support completed in 2009. The service-led review identified scope to save £15 million per year by reducing the number of police aircraft and bases while providing a more consistent service. Since 2010, proposals for a collaboratively organised national police air service— the NPAS—have been developed under the leadership of the chief constable of Hampshire. The principle of a national service has been endorsed by all chief constables.

Discussions between the NPAS project team, police forces and authorities have continued, but full agreement has not been achieved. In January 2012 my right honourable friend the Minister for Policing and Criminal Justice announced the Government’s intention to make the order. The Government consulted the Association of Chief Police Officers, the Association of Police Authorities, the Mayor’s Office for Policing and Crime and Her Majesty’s Inspectorate of Constabulary on the proposed order. Responses were also received from other police authorities and police organisations.

No responses directly opposed the order. Some suggested that it was premature and some expressed concerns about financial and operational aspects of the business case for the national police air service. The concerns expressed by respondents about the governance and management of the proposed NPAS and about precise costs and savings were important. The Government’s view is that the best way to resolve the concerns is through the detailed negotiation of a collaboration agreement by all forces and policing bodies. Therefore, it is timely and not at all premature to make the order. It will ensure that all forces and policing bodies will focus on reaching an agreed set of terms, conditions and governance arrangements for collaboration.

A feature of the proposals for collaborative delivery of a national police air service is that a single police force should take the lead. Several respondents to the consultation noted that any force, and its policing body, taking lead responsibility would require reassurance regarding the continuing commitment to collaboration by other forces and policing bodies. The order will provide that reassurance by ensuring that there is a collaboration agreement in place to which all forces and policing bodies must be party.

The order provides a basis for a more efficient, effective and economical provision of police air support that noble Lords will want, and I commend it to the Committee.

[Baroness Doocey]

I hope that noble Lords will forgive me; I am losing my voice. I have no problem in principle with the order. As a former chair of finance of the Metropolitan Police Authority, I am very much in favour of anything that can be done to make economies of scale and efficiencies. However, I have a number of concerns. Wearing the hat of somebody who sat for eight years on the Metropolitan Police Authority, I emphasise that my knowledge and experience is of the Met rather than of police forces nationwide. Therefore, with that caveat, I know that there are various concerns in the Met, and I wonder if the Minister can help to allay some of those concerns, particularly about the issues of governance and structure as set out in the draft agreement.

The strategy board has got quite a lot of power: it can approve annual capital budgets and determine the direction of the service. However, there is no representation on the board for PCCs—and in the case of London, for the MOPC—other than from the lead force. Can the Minister tell us how these people will be consulted, as the introduction of PCCs is clearly one of the key parts of the government legislation, and what proposals and process will there be for considering any concerns that emerge?

I appreciate that the Minister talked in his introduction about issues being resolved locally. However, I have a slight concern that if there is not quite a good steer from the Government on how these issues can be resolved, that might be a major problem down the line. I think that it would be helpful to address those issues now.

I have another concern. Although having an integrated strategy for the air service is clearly sensible, how will this affect the local accountability of local police forces? I wonder if the Minister could address that point as well.

[Baroness Smith of Basildon]

My Lords, I am grateful to the Minister for his explanation. Like the noble Baroness, Lady Doocey, I welcome the principle of what the Government are seeking to do here—I do not think that there can be any disagreement on it. However, like her, I have some concerns. I am sure that the Minister can help allay those concerns when he addresses the questions.

I was interested when the Minister spoke about the consultation that took place. He quoted the parts that were in the impact assessment, which was very helpful. As I mentioned to the noble Lord previously, I tried to access the Home Office website to get more information on the consultation responses. I hope that my complaints about the website do not become a familiar theme in these Committee sittings or when I discuss Home Office matters. However, I find it the most difficult website to access that I have ever used. It has crashed on me something like six times in the past week, which is as long as I have been in this post. I therefore felt at a disadvantage on this order by not being able to read the consultation responses. I take on board entirely, and accept the Minister’s explanation, that none of the responses was directly opposed.

However, the situation with the website makes this slightly more difficult. I would have liked to know the difficulties that have prevented voluntary implementation from taking place. The noble Baroness, Lady Doocey, has been very helpful in using her experience with the Metropolitan Police to outline some of the issues.

The Minister says that there have been discussions for some time, that no one is directly opposed to it and that everybody seems to think that it is a good idea—and yet it does not happen. So, what is the precise nature of the difficulties? One wonders whether those difficulties, depending on how practical they are, can be removed simply by implementing legislation. If they are practical difficulties which the police are trying to resolve, putting legislation in place will not make them go away. One question—if we can legislate to change things—is whether he thinks that the police are simply being difficult by not reaching a voluntary agreement on the issues of concern which have prevented voluntary collaboration to the degree that the Minister would like. As the police, presumably, will still have to agree the details of the arrangements being put in place, it would be helpful to have a little more information about the difficulties and how they will be overcome by legislation.

I appreciate that savings have to be made—I am not querying that. I would never deny the need to make savings. Indeed, I am one of those who look for genuine efficiencies to save money. However, when police forces are fully under the budgetary cosh in many ways, collaboration can become more difficult for them—understandably, it makes it that little bit harder to co-operate. If the Minister can say something more about the agreements that need to be put in place, and the discussions taking place to make that happen, that would be welcome.

Perhaps I may also say something briefly about savings versus efficiency. Where crime prevention and crime detection are concerned, efficiency savings are one thing, but cuts in service, or reduction in the quality of service, is another.

I am seeking assurances from the Minister, because the impact assessment is perhaps slightly woolly on this. It says that in some areas it is expected that the collaboration will be resolved by some increases in response times for air support. It goes on to state the positives, including that a 24-hour service will be available to all forces. Will the Minister quantify what those increases in response times will be? Will they be significant? Which areas will be affected the greatest? Assurances from the Minister on that would be most welcome. In principle, the direction of greater co-operation and collaboration between police forces is welcome. I should be grateful if the Minister will address the issues that I have raised.

Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2012

Baroness Doocey Excerpts

Tuesday 22nd May 2012 Grand Committee

[The Minister of State, Home Office (Lord Henley)]

My Lords, this order was laid before Parliament on 3 April—that is, if it is to remain in force. The order was made on 29 March and came into force on 5 April 2012. It makes—I have to stress that this is one of those words that I find difficult to say—methoxetamine, and its simple derivatives, temporary class drugs under Section 2A(1) of the Misuse of Drugs Act 1971 for up to 12 months.

The Government identified and monitored methoxetamine, through our drugs early-warning system, in 2011. In light of the available evidence, I referred methoxetamine to the Advisory Council on the Misuse of Drugs for advice in relation to temporary control in March. I thank the advisory council profusely for the quality of its advice, which was provided within 15 working days, allowing a decision to be made within a matter of days rather than weeks as has previously been the case. It is the first time that the power to make such an order has been used since it became available to the Secretary of State on 15 November 2011. It was also the first time that we invoked our drugs early-warning system to this effect.

The Home Secretary was satisfied, in consideration of available evidence, that the ACMD’s initial advice that the conditions to make a temporary class drug order were met. Methoxetamine is a drug being misused, and much misuse is having sufficiently harmful effects to warrant temporary control. The ACMD likens the effects of methoxetamine toxicity to those of acute— class C—ketamine use, including hallucinations, catatonia and dissociative effects. It further indicates cardiovascular effects, agitation, hypertension and cerebellar features such as ataxia—unsteadiness on the feet—rarely seen with controlled drugs.

The order applies UK-wide to protect the public while the ACMD prepares full advice on methoxetamine. It enables enforcement action against traffickers and has already had an impact through self-regulation of the online trade. We know that at least 70 websites previously offering methoxetamine for sale—the number of which increased from 14 to 52 in early 2011—have ceased this activity.

The order also sends out a clear message to the public, especially young people, that methoxetamine is a harmful drug. Of course, we will continue to monitor data on the drug to measure the impact of the order through all available channels, and share this information with the ACMD.

I take this opportunity to bring to the Committee’s attention the recent publication of a cross-government action plan to tackle new psychoactive substances, as an annexe to the first review of our drugs strategy. We also published our response to the ACMD’s advice, which helped to inform the action plan, and the 2011 report of the Home Office’s forensic early-warning system, on the Home Office website, which I hope the noble Baroness will find easier to access in due course.

I commend the order to the Committee.

[Baroness Doocey]

My Lords, I will be very brief. This is clearly a sensible precaution. It is very necessary and I very much welcome it. In view of the very nasty and harmful effects of what is known of this drug—which I am not even going to try to pronounce—it is, if anything, overdue, and I think it is a splendid idea.

[Baroness Smith of Basildon]

My Lords, again I thank the noble Lord for his explanation. We welcome and support the order. The purpose and the benefits are quite clear. I will not follow in his footsteps and try to pronounce it. I am told the street name is “mexxy”—MXE—and I will stick with that because it is far easier to pronounce.

I have a couple of concerns, not around the specific action taken here but about the process and time it takes to get to this point. Both Switzerland and Russia have already banned MXE. I have a slight concern over whether the processes in place are quick enough to respond to the changes that are made. I know that the Minister is aware of the European Monitoring Centre for Drugs and Drug Addiction, which has a key role in detection and assessment of new drugs within the EU. There is a recognition that these “legal high” drugs require very rapid action across Europe.

Since the Government came to power, the EMCDDA has identified 90 new substances during 2010-11, but I am concerned that the Home Office early-warning system has only identified 11. I am not clear why there would be a discrepancy between the two. If the Minister was able to say something about that, it would be helpful. It may be that the processes that we employ here in the UK mean there are others in the pipeline—perhaps they are with the ACMD, I do not know.

It would also be useful to know when the Home Office became aware that MXE was a drug on which action should be taken. If the Minister can say anything about the work with the EMCDDA, that would be helpful. It seems quite clear that the EMCDDA is very much ahead of the game as to what is happening across Europe as a whole.

I was quite shocked when reading about this SI—and the Minister reiterated the point—by the easy availability of these drugs via the internet. That does not confine itself to national boundaries. Also, the number of internet stores selling MXE increased in a very short space of time. In January 2011 there were 14 online stores; by July, within six months, this had risen to 58 online stories selling MXE. Any delay in banning such drugs allows them to become established very quickly. How is it possible to monitor such internet sites? Is this the responsibility of SOCA, which is to become the National Crime Agency? How are these sites monitored to ensure that they do not take hold in the same way?

One of the things that the impact assessment said was that there was a risk that a minor chemical change in the drug could make a new drug that would then be legal and unaffected by the order being made today. Are the Government looking at this issue? If they are not, we could have a constant flow of temporary orders each time there is a minor chemical change in the drug.

Finally, the impact assessment and briefing notes from the Home Office highlighted the importance of education in drugs awareness. Young people hear about the drug, but think that it is a legal high and do not realise the quite devastating implications and consequences. At the moment, we have the Drug Education Forum, which brings together 30 high-profile, high-quality and knowledgeable organisations across the UK, including ACPO and the NSPCC. Unfortunately, the Department for Education has withdrawn the funding from this body. My colleague Diana Johnson, Member of Parliament and shadow Minister for the Home Office in the other place, has written to the noble Lord about this and I think that it would be helpful if the Government were able to look at this again. Clearly, by their own analysis, education is key to young people understanding the dangers of such drugs. It would be very sad to see good action in one part of the Government being undermined by action in another part that makes it more difficult to tackle this problem. We certainly support the order but would be grateful for responses to these questions.