Baroness Hamwee
Main Page: Baroness Hamwee (Liberal Democrat - Life peer)(7Â years, 11Â months ago)
Lords ChamberMy Lords, when Alice was through the looking-glass and having a conversation with Humpty Dumpty, she remarked that he was âexactly like an eggâ. He said he found this âvery provokingâ and Alice explained that he looked like an egg, not that he was one. Their discussion on semantics included the following exchange:
ââWhen I use a word,â Humpty Dumpty said, in rather a scornful tone, âit means just what I choose it to meanâneither more nor less.â âThe question is,â said Alice, âwhether you can make words mean so many different thingsââ.
We have had what we regard as a novel and inappropriate definition of âseriousâ. There is a current movement, which I welcome, towards language in legislation being as close as possible to normal-speak, giving words their natural meaning. Sometimes, of course, terms need definition, as I accept âseriousâ does in this context. However, an offence that could give rise to a 12-month sentence is not what most people would regard as serious in comparative termsâI put it that way because I will not be the only person in the Chamber tonight who thinks all crime is seriousâand this is what the European court pulled us up on.
I think people will be even less inclined to accept the definition in the case of someone not previously convicted of anything orâit does not say so but presumably this is the caseâconvicted and given a suspended sentence. Stalking and harassment have been prayed in aid. I for one will not be characterised as not regarding these as serious, but I ask what other areas were, to quote the Government,
âhighlighted by law enforcement agenciesâ.â[Official Report, 24/10/18; col. GC 42.]
Maybe those are the ones that we have already heard about; I do not know. I appreciate that these behaviours often escalate but they are not the only behaviours or offences that can do so. If there is an issue of legislation regarding an offence and the sentence that it may attract, we should address it head-on. The Minister referred in the previous debate to the right of citizens to be protected from crime and terrorism. I have not read through all the terrorism legislation but she may be able to help me: are there any terrorism offences where the sentence is as low as a year?
She said that the regulations will prevent data being acquired in the investigation of trivial offences, and she mentioned that again today. I think this confuses categories of crime, which are what underlie possible sentences, and the particular infringement, which may be anywhere on a spectrum and the court will give its view in passing sentence as to where on that spectrum the test should be. I accept that there are tests of necessity and proportionality and that these are essential reference points for lawmakers and the commissioner, but it is harder for individuals who consider their privacy to have been invaded to look to these in an effective fashion.
My noble friend said that he would not mention corporate bodies and then rather effectively did so. I do not think the inclusion of these has been fully justified. There has been no attempt to distinguish between levels of seriousness in their case. I thought it was ironic that a crime that will be subject toâor qualifies for, if you likeâthe regulations may be an offence involving a breach of a personâs privacy.
I support my noble friend whose amendment to the Motionâalthough he opposes the regulationsâis, in fact, to regret them, not to oppose them, and not to seek to delay them beyond 1 November.