Crime and Courts Bill [HL]

Baroness Hamwee Excerpts

Monday 18th June 2012 Lords Chamber

[Baroness Butler-Sloss]

My Lords, I am sorry to say that I have been rather slow on the uptake and have only just read the report of the Constitution Committee. Since this is Committee stage, I believe that I am permitted to speak even though it is after the Minister.

I support what the noble Lord, Lord Rosser, has proposed. I can see that there may well be great advantages in the National Crime Agency one day taking over the role of the Metropolitan Police. Nevertheless, as I understand it from what the Minister said, there will be a review as to whether this is the appropriate way to do it. I cannot see why the Government could not deal with this in one of two ways—I speak, of course, as a novice in the procedures of this House compared with the Minister and, indeed, with the noble Lord, Lord Rosser. If the Government are fairly clear that this is what they want to do, I cannot see why they cannot put it firmly in Clause 2 that they will transfer to the NCA from the Metropolitan Police, but not until 2013 or 2014 so that it does not come into force until after the Olympics and the Paralympics. Alternatively, if they do not know for certain that this is what they want to do, why on earth can they not just put in a very short Bill to deal with counterterrorism? That should not take an enormous amount of time going through both Houses, if it does not have added to it all the stuff that tends to be added to almost every Bill by any Government. It is possible to pare it down to just this point.

I share with diffidence, but none the less quite firmly, the concerns of the Constitution Committee set out in the first part of its report. Since the noble Lord, Lord Pannick, is not here, I thought it was important that a Cross-Bencher should express a view so that it is not seen just as a party political manoeuvre of any sort.

I think that there are a number of disadvantages to using the super-affirmative procedure. First, although it is perhaps at the highest ranking of subordinate legislation, it is not primary legislation. Perhaps more importantly, if anything is wrong with the drafting—drafting is not always perfect—we cannot tease it out in debate. It stands or falls in its entirety. We can have amendments to primary legislation that we cannot have when using the super-affirmative procedure, even as I would understand it.

I share the concerns of the noble Lord, Lord Rosser, but I particularly share the concerns of the Constitution Committee. I just wonder whether the Government are right to try to proceed this way on what seems to be a clear Henry VIII clause. Perhaps it is almost time that Henry VIII was put to bed.

[Baroness Hamwee]

My Lords, I like the notion of Henry VIII being put to bed. He used to say that of others, did he not?

It will be clear to the House from my amendment before the dinner break that I am merely an ordinary lawyer. I am probably what my noble friend Lord Roper calls a “cooking solicitor”, the analogy being cooking sherry. I am glad to have understood a little better how these things work.

I did not want to come in before the Minister spoke, because I wanted to hear what he had to say. Like the noble and learned Baroness, I am a little confused about the rationale for postponing this measure when we know that this Bill will still be in Committee in this House—it will not even have reached the other House—after the Olympic and Paralympic Games. Like her, I am not sure why that is the case, unless the Government have some reason to feel that it would undermine the authority of the Metropolitan Police during the Games. I cannot see it, given that somebody who is being dealt with under some terrorism charge is not going to thumb their nose and say, “Yoohoo, you’re not going to have this function for much longer”. That is not life, is it? So I remain confused about that.

Like the noble and learned Baroness, I feel that although the super-affirmative procedure clearly gives more opportunity for debate and response than the simpler secondary legislation procedures, the response to what the Minister proposes is almost a nuclear option, because it would mean the whole order being rejected rather than dealing with small parts of it. On such a serious matter, which I know that the Government have thought about very seriously, I am reluctant to say—but I do say it—that I am not convinced. I expected the Minister to tell the Committee that legislative time was short, and so on. I do not think that he has prayed that in aid, but had he done so I would have said that this was so important an issue that time needs to be made for it.

[Lord Henley]

My Lords, first, I take up a point that my noble friend Lady Hamwee took up when commenting on the remarks from the noble and learned Baroness, Lady Butler-Sloss, when she said that it was time to put Henry VIII to bed. She might find that that remark appears in The House magazine fairly soon as quotation of the week. But I leave it for her and the editors of that magazine. It was a very good remark and we all knew what she meant.

I want to make it very clear, as I hope that I did in my opening response to the noble Lord, Lord Rosser, that we do not want to address the issue as to whether counterterrorism should go in at this stage. My right honourable friend the Home Secretary has made that clear the whole way through. No decision has been made.

The noble and learned Baroness suggested two alternatives, because she was unhappy with the use of Henry VIII powers. She suggested that we could put the provision into the Bill with a delaying clause and enact later, but that would imply that we have already made up our minds on this. This is the point that I want to get over—that no decision has been made, and we do not want anyone to assume that a decision has been made. She then said that, if we did not want to do that, there was the route of primary legislation. On that point, I am grateful to my noble friend Lady Hamwee, who said that you could always find a slot for primary legislation. I can tell her that in my experience in government and opposition, that is simply not the case. The noble Baroness, Lady Smith, nods at me. We all know the difficulty of finding those slots. Very occasionally, if it is an emergency and you have agreement from all sides of the House, you can move very quickly. But finding legislative slots is very difficult. That is why in the end we thought that going down a route where we used the super-affirmative procedure provided the right level of scrutiny by both Houses. I appreciate that it still means that there is not the ability to amend in other ways, but with the super-affirmative procedure there is considerably greater examination of what is in front of both Houses than with an affirmative model or a negative resolution. That is probably why I rather cynically said at the beginning that we could have offered the negative resolution procedure and then in one House offered the affirmative as a concession and then moved on to the super-affirmative. As it was, we considered this very carefully and decided that the super-affirmative was appropriate. We think that we have probably got it right. I hope that we have and that the House will accept that.

I appreciate that the Constitution Committee disagrees with our view. I received its report this morning as I came in and have seen what it had to say at paragraph 7. However, I pray in aid the fact that another equally great committee of this House, the Delegated Powers and Regulatory Reform Committee, has looked at the measure and felt that it was not inappropriate. Therefore, there can be differences of view. I go back to the phrase that I have used on many occasions in relation to the Home Office—in the end one has to find the right balance. I hope that we have found the right balance on this and that the House will accept that Clause 2 is necessary so that we can consider this matter in due course. As I said, I leave it to the noble Lord, Lord Rosser, to decide how he wishes to proceed.

[Baroness Hamwee]

I wonder whether we have fallen into the trap of seeing this matter through the lens of parliamentary procedures. However, there is another way of looking at it—namely, looking at how the NCA actually operates. If we are undertaking legislation setting up a new agency, which is not designed from the start to deal with counterterrorism—we must assume that that is the case, and I do not expect the Minister to respond to this as I am putting it rather rhetorically—should we not let it be formed, see how it operates and consider the addition of a very serious function when we know something more about how it is functioning? As I say, we are inevitably looking at this in terms of the way we operate, but we have left out that rather serious consideration.

[Lord Rosser]

My Lords, I thank all noble Lords who have taken part in this debate and thank the Minister for his response. It is clear that the Government are seriously thinking about making this change although I accept that the Minister has said that no final decision has been made. However, it is clear that the Government are seriously contemplating this change; otherwise, they would not have included this clause in the Bill. If the Government have reached the stage of seriously contemplating the change, although I accept that no final decision has been made, as I said, the odds are probably on the Government making that change; otherwise, they would not have gone so far as to put this clause in the Bill.

However, as I said, this is not just about adding to functions, which is how the Delegated Powers and Regulatory Reform Committee looked at this matter; it is also about taking those functions away from a body that has had them for some time and has expertise in that field. The Government may be able to make out a strong case for doing so, and I would not want my comments to be taken as meaning that I have decided that they cannot make out a strong case for making the change. Perhaps they can; we will have to wait and see. However, the issue concerns what is the appropriate way in which the matter should be dealt with. Should it be dealt with on the basis of a super-affirmative order, which restricts the amount of debate and discussion which takes place, or should it be dealt with on the basis of primary legislation? If no final decision has been made—and I accept what the Minister says—then clearly this matter could be left and be dealt with in further primary legislation once a decision is made to change the present arrangements.

The Minister addressed that point in part. I may have written down incorrectly what he said and, if I have, I apologise. I wrote that he said that primary legislation is a lengthy process and quite difficult. However, in a parliamentary democracy that does not seem to be a very good argument for not making a change of this magnitude through primary legislation. Saying that primary legislation is a lengthy process and quite difficult sounds like a plea that all Governments of whatever colour have probably made over the years. However, as I said, that is not an argument for dealing in this way with an issue of this magnitude and importance.

The Minister referred to Clause 2(4), which states:

“An order under this section may amend or otherwise modify this Act or any other enactment”.

I had not assumed that it extended beyond counterterrorism but, even though it relates purely to counterterrorism, the fact that:

“An order under this section may amend or otherwise modify this Act or any other enactment”,

is still a fairly extensive power.

I sincerely hope that the Government, through the Minister, will rethink this issue, although at the moment the Government clearly take the view that the super-affirmative procedure is appropriate. At this stage, I conclude my comments by again referring to the Constitution Committee, which said:

“The fact remains that the ordinary legislative processes of amendment and debate, and with it much of the substance of the role of the House of Lords as a revising chamber, would be circumvented. Clause 2 raises the fundamental constitutional issue of the proper relationship between parliamentary and executive lawmaking”.

I hope that the Minister and the Government will reflect on that. In the mean time, I do not intend to pursue my opposition to Clause 2 standing part of the Bill.

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Moved by

[Baroness Hamwee]

23: Clause 3, page 3, line 24, at end insert—
“(3) Upon a determination under this section, and any variation of the determination, the Secretary of State shall lay a report before Parliament setting out the strategic priorities.”

[Baroness Hamwee]

My Lords, I think that Amendment 23 can be dealt with quite shortly. Clause 3 provides for the Secretary of State’s determination of the NCA’s strategic priorities, and our amendment would provide for her to lay a report before Parliament upon such a determination.

Schedule 2 deals with publication of the framework document and annual report but the strategic priorities seem to be of a sufficient importance that reporting them should not wait for the annual report. I cannot immediately see that they would be part of the framework document, although I may have misread that. Perhaps the Minister can reassure me about publication of the strategic priorities, which I assume will be a matter for public consumption. If this is not done through the sort of arrangement that my amendment proposes, how will it be done? I beg to move.

[Baroness Smith of Basildon]

My Lords, I have some sympathy with the noble Baroness’s contribution because the strategic priorities seem to be a bit of a puzzle. A key part of what the NCA does must be that the public and everyone else can understand the strategic priorities of this organisation. When you look through the Bill to see what the role of the NCA is, the description is extraordinary broad. It has the function of,

“gathering, storing, processing, analysing, and disseminating information that is relevant to any of the following … activities to combat organised crime or serious crime”,

and,

“activities to combat any other kind of crime”,

or “exploitation proceeds investigations”.

That is an extraordinarily broad area. It covers all kinds of crime, yet the strategic priorities are a very small part.

I looked to see whether there was something about the strategic priorities within the framework document. Like the noble Baroness, Lady Hamwee, I could not see it there. I am not questioning the right of the Secretary of State to determine those priorities: the Secretary of State should have that strategic oversight. But I am not clear what scrutiny there is and what form of publication there will be. Clause 3 states:

“The Secretary of the State may determine strategic priorities”,

including whether he or she wants to have priorities or not, and will consult strategic partners, the director-general and anyone else the Secretary of State thinks appropriate. It is extraordinarily broad.

If we then look at operations, it is clear that the strategic priorities play an enormous role in what the director-general then sets out in the annual plan of what the organisation is to do. I feel that we need more information about this. Will the Minister say something about the relationship between the strategic priorities of the NCA and the framework document? I am not clear how the two work together. If we look at Schedule 2, the framework document seems to describe the,

“ways in which NCA functions are to be exercised”,

and the,

“ways in which the NCA is to be administered”,

but that will depend on what the strategic priorities are. Some guidance and enlightenment from the Minister would be useful.

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[Baroness Hamwee]

My Lords, I am grateful to the noble Baroness, who articulated my concerns rather better than I did. I will, of course, think about what the Minister has said but I remain a little anxious. Given that the strategic priorities may be determined and modified to a new set of strategic priorities out of synch with the annual plan and will therefore become known through the mechanism of the annual plan possibly many months in arrears, I wonder whether that is appropriate. It seems to me that they are so important as to justify some form of publication in their own right. However, I will think about what the Minister said. I beg leave to withdraw the amendment.

Amendment 23 withdrawn.

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Moved by

[Baroness Hamwee]

26: After Clause 4, insert the following new Clause—
“NCA and freedom of information
In Part V of Schedule 1 to the Freedom of Information Act 2000, at the appropriate place insert—“The National Crime Agency established under the Crime and Courts Act 2012.””

[Baroness Hamwee]

I have also tabled Amendment 65 in this group, which is essentially consequential on Amendment 26. Amendment 26 would make the NCA subject to the Freedom of Information Act. I know that this is a matter that Ministers have considered very carefully, and they have taken the view that so much information would be exempt under the Act that it is more straightforward not to bring the NCA within the scope of the Act.

I do not intend to say a great deal at this stage, because it is really for the Minister to justify the exclusion of the NCA rather than for me to justify its inclusion. I appreciate that there are important provisions in the Bill requiring the director-general to publish information and material, including the annual report and the Secretary of State’s laying of the annual report before Parliament, but we will not know what the director-general and the Secretary of State have chosen to omit. If one makes a freedom of information request, the very fact of the recipient relying on an exemption sometimes gives some sort of clue, and the override regime provides for the application for a decision by the Information Commissioner and an appeal to the tribunal.

However many reports the director-general and the Secretary of State are required to publish, the public can only react to them. They cannot ask questions. Members of Parliament can ask questions and instigate debate, but in some cases that may be unnecessarily cumbersome and a bit less incisive. The freedom of information regime gives a proactive tool to the citizen. I remain to be convinced—I look forward to being convinced—that it is appropriate that that tool should not be available to the citizen in the case of the National Crime Agency. I beg to move.

[Lord Rosser]

Our Amendment 66 qualifies the National Crime Agency exemption to cover only those functions subject to exemption prior to 1 April 2012, which I believe was the date on which the NPIA functions were transferred to SOCA. Schedule 8 provides that the NCA will be exempt from freedom of information legislation. However, the functions of the NPIA and the UK Border Agency, which the Bill proposes to be covered by the NCA, were not previously exempt from the Freedom of Information Act. As yet, we have had no real explanation or justification for that exemption, especially as an extensive exemption regime already exists under the Freedom of Information Act.

SOCA, of course, is exempt from the operation of the Freedom of Information Act, but, as I said, as the National Crime Agency’s functions extend beyond those undertaken by SOCA, so the extended exemption provided for in the Bill is significant and needs justification. Police, immigration services and customs are not exempt and the National Crime Agency will effectively be covering the work of these agencies, so there must be an argument for not exempting from the operation of the Freedom of Information Act additional functions taken on by the NCA from the NPIA and the UKBA that were not previously exempt from the Act.

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[Lord Henley]

Without notice, I do not think that I can answer that question, but I will certainly look at it. The point that I was trying to make is that the noble Lord is trying to make something rather peculiar here: SOCA is completely exempt and is coming into the NCA, but other bodies that are not exempt are also coming in and they are then all one whole. In effect, he has created something that, when I mentioned the curate’s egg, I probably got exactly right. You cannot do it in a curate’s egg way because the whole egg will be bad once one part of it is bad. That is why we want to do it our way.

Obviously some bodies could be exempt, but on this occasion we think that it is right to create the new agency, as I am sure noble Lords opposite would have done if they were creating a new national crime agency to build on SOCA, just as they did with SOCA itself. It is for those reasons that we would like to preserve the exemption for SOCA for the new agency, and we think that what the noble Lord is suggesting is illogical or worse, and certainly not the right way to go about it. I hope that my noble friend will feel able to withdraw her amendment and that the noble Lord will consider carefully what I have said, particularly in the light of, as my noble friend and others might remember, the debates on the Bill that created SOCA back in 2005.

[Baroness Hamwee]

My Lords, the Minister started his reply by talking about balance. I have always thought that that was what the Freedom of Information Act exemplified within itself; it does not provide that everything can be subject to a FOI request but provides the exemptions.

I do not believe that the general reporting requirement to which the Minister has referred will cover the same sort of functions as FOI would do. I am not arguing against the exemptions, but there are different ways of dealing with issues of transparency and they produce different results. We have heard that the NCA depends on the confidence of its partners and that organised criminals could exploit FOI. Well, this would not be the first organisation that had to be very careful about what it disclosed. If there is an issue of that sort, maybe after this evening, and possibly in private, the Minister could give us some examples of where police forces, which are subject to FOI, have been caught out in the way that he suggests would be a danger if the NCA were subject to the provisions.

SOCA is exempt because of its particular functions. I am afraid that I remain unconvinced that the NCA—extending, as the noble Lord, Lord Rosser, has said clearly, to other functions—should be exempt in its totality. What I draw from this is the anxiety of the intelligence agencies not to let anyone else be in a position where they might take decisions that the intelligence agencies would not like. I shall withdraw the amendment today, but this issue justifies further examination. I beg leave to withdraw the amendment.

Amendment 26 withdrawn.

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Moved by

[Baroness Hamwee]

27A: Schedule 2, page 38, line 12, at end insert—
“( ) The framework document shall include—
(a) a protocol regarding the conduct of relationships between the NCA and each of the persons referred to in section 5;(b) a protocol regarding the conduct of relationships between the NCA and each of the persons referred to in Schedule 3; and(c) a protocol regarding the co-ordination of training of members of the NCA and of the forces and agencies referred to in section 5 and the inter-operability of the equipment used by the NCA and those forces and agencies.”

[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.

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[The Deputy Chairman of Committees (Lord Geddes)]

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

[Baroness Hamwee]

My noble friend mistook my mouthing “Do you want to say anything?” to her for my requesting her to withdraw the amendment. Perhaps I may respond to some of the comments that we have heard. I am perfectly prepared to accept that the framework document is not the appropriate vehicle for minutiae. It will be easier to assess that when we have seen a draft. The same goes for the consultation, which is the subject of Amendment 31. The Minister is saying that, under the amendment, the people I have suggested should be consulted will not be subject to the framework document.

I am afraid that this response is a little circular. I am not convinced that there is not scope for a protocol elsewhere. As I have said, the framework document may not be the right place for it. We tabled these amendments partly in order to get points about issues of equipment training and IT on the record, because they are important. Again this may not be the best way to do it, but it is important that the issues are raised.

Like my noble friend and the noble Baroness, Lady Smith, I was puzzled by the reference to equipment and the Secretary of State’s role, which seems to be an involvement which should be, as it were, below her pay grade. A protocol may not be the best way in which to deal with these issues, but however much good will there is around all this, it must be better to have ways of resolving differences rather than simply relying on good will or a duty to co-operate. To me, that begs the question of how that duty will be enforced. However, for the moment, I beg leave to withdraw Amendment 27A.

Amendment 27A withdrawn.

Crime and Courts Bill [HL]

Baroness Hamwee Excerpts

Monday 28th May 2012 Lords Chamber

[Baroness Hamwee]

My Lords, yesterday I was asked—as we are so often—how we inform ourselves when we have to consider government proposals. I explained the range of sources, including interest groups and organisations which brief us—lobby, in the best sense of the term. On that basis, although it is obviously not the only test, this Bill presents us with some issues to probe and some where the probe may become a challenge. It gives us the opportunity to seek to deal with issues which are not included—as usual—or where the flesh is not yet on the bones and the bones as well as the flesh will be significant. There will also be a lot that is genuinely interesting. The Bill has provoked comparatively little opposition, but lest Ministers think that this means a quiet life, I also explained to my questioner that Members also bring their own experience, expertise, curiosity and judgment.

My questions about Part 1, on the National Crime Agency, come from curiosity as much as anything, and from a concern that, however much one supports a proposition—especially if one supports it—one needs to be satisfied that it will work well. I am particularly interested in the governance of the NCA, its relationship with other players in the policing landscape, and its powers. From what I have heard over the past few weeks and months, it seems that there has been much good will so far in the work to establish the NCA. However, the tasking arrangements, the powers of the NCA to impose requirements on police forces and other agencies to undertake specific activity, need clear and probably detailed structure. It is often easier to find consensus over a principle than the particular detail.

We spent a lot of time in this Chamber and elsewhere in the last Session discussing chief constables’ operational independence when dealing with the Police Reform and Social Responsibility Act. It seems to me that there are similar issues of accountability, transparency and cost, as well as the possibility of clashes over priorities and how to do things as between the NCA and police forces.

The underlying rationale of the reorganisation is that crime does not come neatly pigeonholed and that organised crime of all sorts impacts at all levels—international, national and local. Therefore, it is understandable that there are concerns about the role of police and crime commissioners, who have responsibility for the totality of policing in their area. These governance issues need a clear structure.

There is obvious concern—and the noble Baroness mentioned this—that CEOP in particular should not be fettered by being brought into a new agency. The Government have said that it will retain its operational independence and that that phrase is not just a formula. The Government acknowledge CEOP’s innovative partnerships and mixed economy of staff from different disciplines. However, the culture in our policing service is very strong, so determination will be needed to preserve CEOP’s identity. The hope must be that the imagination that CEOP has shown is far from being muzzled but is a source of inspiration beyond that command. How its governance, retaining external partners, can be effective is bound to be an issue, as is how the NCA as a whole sets its priorities.

CEOP is, in the jargon, a brand and so is SOCA. Those who have worked on drugs issues, in particular, tell of SOCA’s worldwide reputation—I have heard Colombia mentioned—and that is among the good guys, so presumably it has quite a reputation among the bad guys too. That must be preserved.

I can understand the links between SOCA and economic crime but I confess that I am not hugely clear about the remit of the Economic Crime Command—or, rather, in this context how it will operate. Does ensuring a coherent approach to economic crime across a range of agencies need a separate command? Why is the Economic Crime Co-ordination Board to remain, and why is the National Fraud Intelligence Bureau to be left with the City of London Police? Is it—or am I too much of a cynic?—that in the latter case, at any rate, the turf war was just too difficult?

I would certainly go along with the argument, which I have heard deployed over the police—that if something is working well it is best not to disturb it. However, I am not sure how logical that is in this particular context. I am puzzled, too, about why the National Cyber Crime Unit is not a command. What is the significance of the structural difference?

I turn from the largest part of the Bill—although of course the word count and the length of the schedules can be misleading—to the shortest, at any rate until Clause 23 is replaced. I am delighted at the prospect of a serious concentration on non-custodial sentences. They are often much more effective, by which I mean that they reduce reoffending, address an individual’s underlying addiction or mental health problems, and do not cause collateral damage to the offender’s family or indeed to the offender, and of course they are much less expensive. Therefore, there are excellent economic and social reasons for having them.

I had not known that there is increasing recognition of the effectiveness of community sentencing. The Prison Reform Trust, among others, reports this. I add to that Peter Oborne’s support in the recent Community or Custody report under the auspices of Make Justice Work. I question whether there is such a lack of confidence in community sentences as is feared. Peter Oborne was brave—and, I think, accurate—in saying that political correspondents,

“report law and order issues in a false and often misleading way”,

with false distinctions between what is “tough” on crime and what is “weak”.

Although I am very conscious of the knowledge and expertise of all the speakers who will follow, I shall express one area of concern and perhaps tread on some toes. My concern is how the proposed punitive element may play out, and whether extended curfews and complex restrictions will themselves lead to a breach of orders with the imposition of sanctions—imprisonment—that will undo all the good. Community sentences must not be a soft option. That is important for victims as well. Restorative justice is not a soft option for the offender or the victim but it is deserving of development. We must all have had the experience of suddenly—shockingly—seeing something through another person’s eyes. One thing that a community sentence, or any sentence, is not about is humiliation. It is footage of defendants in the United States in shackles that prompts both that comment and my caution about having cameras in court. I said in our debate a couple of weeks ago that the sky had not fallen as a result of the broadcasting of Parliament. However, that does not mean that I am an enthusiast for unrestricted filming in court. I heard what the Minister said today, as he has on previous occasions. Probably what is most important is that the judiciary retains control.

One provision that is not in the Bill—I do not know whether we can squeeze it past the Long Title—is reform of the Public Order Act. Do I have a right not to be insulted? I do not believe so. More importantly, if you insult me, should the weight of the criminal law be brought to bear? Insult is so subjective. Section 5 of the Public Order Act is, in my view, bad law. It should go, and so should the term “insulting” in Section 4A.

Another issue which it may or may not be possible to edge in past the Long Title is a matter that my colleagues in the Commons raised—the anomaly regarding the citizenship of children born overseas to an unmarried British man. The law changed to confer British citizenship on such children born after 2006, as the use of DNA progressed, but not for those born before that date. However, that issue would not command the time that we will certainly give to the immigration issues raised in the Bill. I doubt that the powers of immigration officers will pass this House unchallenged, particularly the investigative powers.

As for the provision on family visas, I would simply observe at this point that if making a fresh application is better for the applicant—rather than appealing, as the Government seem to argue—then leave it to the applicant to choose. What seem to be at issue, at the heart of all this, are the standards, training and supervision of the service.

I thought that we might have a year without a new criminal offence. Driving under the influence of drugs is, of course, to be condemned. Although our debates will probe whether objective testing is possible, whether there is a variable impact on different people, whether there is more variation with drugs than with alcohol and how prescribed and over-the-counter drugs—which almost always seem to have warnings about not driving or operating machinery—fit in, that does not mean that we condone drug-driving. What about the new psychoactive substances, with or without a temporary ban in place? I note, of course, that the offence of driving while impaired is not being repealed. There is quite a lot to investigate there.

I look forward to our debates on the single county and family courts, given the knowledge that noble Lords can bring to bear on this issue. My only contribution on it—my noble friend Lord Thomas of Gresford will probably deal with it—is to have enjoyed reading the impact assessment which describes the policy options as “do nothing” or “do everything”. I also look forward to our discussions on diversity in the judiciary. We have come a long way since my first interview for articles as a solicitor when, having asked about women in the firm, I was told, “We are very broad minded. We have a Nigerian girl working in the basement”.

The most cheering thing I have heard on the proposals is that provisions for part-time working will be significant, because of the significant number of women in—or potentially in—the judiciary who are of an age to which this will be significant. I am very happy that that myth in my own thinking has been busted. This is a Bill on which I will want to attempt only a small amount of busting of my own.

Asylum Seekers: Children

Baroness Hamwee Excerpts

Wednesday 23rd May 2012 Lords Chamber

[Lord Henley]

My Lords, there was an informal link of 70%, which is what I was referring to. Now if one looks at the different rates of income support, we can see a whole range of different rates, varying from, I am told, something from just below 60% up to 100%. It varies according to the rate of benefit. I am more than happy to write in greater detail if the noble Lord wishes, but it is rather too complicated to give such information at the Dispatch Box in the time that is available to me.

[Baroness Hamwee]

My Lords, it is estimated that 120,000 children are living in the UK without legal immigration status. That estimate was made by the University of Oxford which, in a recent report, also commented that,

“because of contradictory and frequently changing rules and regulations”,

both in immigration and in the allied areas that we have been discussing, access to public service has been hugely jeopardised. These are changes that have happened over the past 20 years or so. Can the Minister comment on how our policies can be better joined up, which is something that has challenged every Government?

[Lord Henley]

My Lords, the Question relates just to those seeking asylum. Obviously there are other means of dealing with those who have failed to get asylum status or for those covered in other ways. For example, Section 4 support is available to those who have failed to get asylum, should they be destitute. Other than that, we look to see whether they have families here who might also be able to support them. However, I think that my noble friend’s question is wide of the Question on the Order Paper.

Proceeds of Crime: EUC Report

Baroness Hamwee Excerpts

Tuesday 22nd May 2012 Lords Chamber

[Baroness Hamwee]

My Lords, the whole House will be grateful to the noble Lord, Lord Hannay, and to his sub-committee. Even for a Europhobe, which I am emphatically not, it seemed to be a no-brainer. However, as I read the report, I realised that issues arise which make one consider the differences in approach between our law and procedures and those of other European states, and the overall principle of how far one should go in willing the means as well as the end. As has been said, we are talking about big crime, which is big business. The Explanatory Memorandum to the directive referred to it in what was very much a financial take on the situation, and to the position weakening,

“our ability to fight cross-border … crime”—

yes—and affecting,

“the functioning of the Internal Market by distorting competition with legitimate businesses”.

It also referred to depriving,

“national governments and the EU budget of tax revenues”.

I do not quarrel with that, but there is another dimension to this. There are real, human victims of serious, organised international crime and therefore the deterrence of confiscation is of great importance.

As we have heard, it is very hard to stay ahead on these matters. Criminals seem to manage to be ahead of agencies and I wonder whether harmonisation in the EU will drive the transfer of funds outside the EU. You do not have to go as far as somewhere such as Belize to get outside the EU. Following the money is rarely straightforward. People who have headed for bankruptcy on a rather smaller, more personal scale know well about trying to transfer assets so that they are not, they hope, liable to be seized. Again, the Explanatory Memorandum deals with this. Obviously, the directive does as well but I am afraid that I cannot claim to have read that.

Third-party confiscation raises some quite important issues. I was interested to see that the provision,

“requires third party confiscation to be available for the proceeds of crime or other property … received for a price lower than market value and that a reasonable person in the position of the third party would suspect to be derived from crime”,

which clarifies the “reasonable person” test. Given the sophistication of much organised crime, evasion is likely to be very sophisticated and there will be innocent third parties, so that gave me a little cause for concern. I was also worried about confiscation in the absence of conviction—something that we in this country, with our own legal traditions, would be particularly aware of. I was reassured by the explanation that this would be in very limited circumstances, where the court finds,

“that a person … is in possession of assets which are substantially more probable to be derived from other similar criminal activities than from other”,

non-criminal “activities”; and, importantly, that:

“The convicted person is given an effective possibility of rebutting … specific facts”,

and that there are rights of appeal. “Substantially more probable” is an interesting phrase and not one that we are that familiar with here. I do not know how it works with our recognised standards of proof but, reading it in a common-sense way, it seems to me to be somewhere between the balance of probabilities and beyond reasonable doubt.

The report makes the point, which has been made in the debate, that if we do not opt in it sends the wrong message to our partners about the Government’s attitude to international co-operation and that there are impacts beyond the subject matter. The report states:

“We have no doubt that the Government should opt in”.

Neither have I.

Immigration: Detention of Children at Heathrow

Baroness Hamwee Excerpts

Wednesday 16th May 2012 Lords Chamber

[Lord Henley]

Is the noble Lord suggesting that they should be removed from their parents and sent somewhere else? That strikes me as even worse. This is complete nonsense. We think that the children should stay with their parents for that short time in the holding facility. If they cannot go there, they go to Tinsley House—a place that we have all accepted as being perfectly acceptable for children and their families to go to.

[Baroness Hamwee]

My Lords, I have a question. This Baroness—who has also been thought to have the first name Berenice—visited Cedars, a new facility near Gatwick. I was very impressed by the good work being done there by the border agency and Barnardo’s. Will the Government learn from that in dealing with families and children—some of them unaccompanied children—and deciding on the best way to respond to what everyone must acknowledge is a very difficult situation?

[Lord Henley]

My Lords, of course we will learn from what we have done at Cedars at Gatwick and we will do what we can. I am very grateful to my noble friend for mentioning that. Because of where these very short-term holding facilities are located within the airports, it is very difficult to think of design solutions. However, if anyone is going to be kept longer than that very short period of time, we obviously have to look at other facilities.

Queen’s Speech

Baroness Hamwee Excerpts

Tuesday 15th May 2012 Lords Chamber

[Baroness Hamwee]

My Lords, it is after 10 o’clock; I am speaker number 57; I am on camera, as all of us have been; and the sky has not fallen in—as it has not over the many years of debates being broadcast from this and another Chamber. That may be enough for now on cameras in court save to say, in answer to the concern that counsel will play to the gallery—and this may be a risky observation—don’t they always?

In this House it is not just what you do but how you do it that matters. I am looking forward to seeing how the Government have responded to pre-legislative scrutiny —much mention has been made of the Defamation Bill—and how they have built on that sort of scrutiny. I am also pleased that we are starting on a new way of looking at how legislation that was passed a while ago is working.

The Queen’s Speech does not deal as much with the way Parliament does things as with what the Government plan to do, but I will mention one other aspect of the “how”. In no way is this aimed at our new Chairman of Committees, whom I welcome to his office. Indeed, I think that he may have sympathy with the point that the governance of our House is outdated. I use this opportunity to make the simple point that all our officeholders, not just the Lord Speaker, should be elected by their peers on the basis of a job description and a fixed term of office—instead of just emerging.

From the Government’s programme, on the issue of governance, the oversight of the security and intelligence agencies will present us with a challenge. How do we ensure good governance when access to the subject matter is restricted? It will be difficult to achieve public trust without complete transparency. I do not diminish the importance of the new National Crime Agency, but we will be debating it at Second Reading of the Crime and Courts Bill in less than two weeks.

To readers of Hansard looking for a mention of their own area of interest, I say that time constrains us. To those who say that reform of the House will crowd out everything else, I say that there will be a direct correlation with the number of times that we politicians feel the need to repeat the arguments. I understand, incidentally, that we have one day to cover so many subjects, compared with two days on constitutional issues, because the Opposition requested two days of debate on the constitution.

[Baroness Royall of Blaisdon]

My Lords, I have to set this canard straight—or whatever the expression is. Perhaps I have to shoot the canard and set the record straight. The Government came forward not just with a suggestion but saying that there would be two days of constitutional debate and that the other days would be apportioned as they are now. The Opposition said, “No, we do not think it is a good idea to have two days of debate on constitutional reform”. However, the Government chose to do that; it was not at the request of Her Majesty’s Loyal Opposition.

[Baroness Hamwee]

The House heard what the noble Baroness said. I was informed by somebody very close to the decisions. If it is a question of setting the canard straight, do I say “quack”?

The Government have a lot to deal with that will not be solved by legislation. That point was raised by a number of noble Lords; it was never going to be a panacea. Conversely, I congratulate the Government on the steps they have taken in the Ministry of Justice to prevent the proliferation of unnecessary new criminal offences.

One matter that is more often the subject of secondary legislation and rules is that of immigration, and the huge issue of the values and attitudes that underlie it. However, legislation will not address the two issues that I now mention. One is the problem of delays by the UK Border Agency. Here I am talking not about queues but about the issuing of visas—something that businesses find immensely frustrating. Nor am I talking about what many of us regard as the inappropriate inclusion of students in immigration totals. The Government are concerned that to exclude them would be fiddling the figures; our concern is that their inclusion distorts the real picture.

Sometimes legislation is needed, and I am disappointed that there is no Bill on the presumption of death of people who are missing. It was not until I saw the work of the charity Missing People that I came to understand how many practical and financial—leaving aside emotional—problems there are for families. The Justice Committee made recommendations and the noble Lord, Lord Boswell, has brought forward a Private Member’s Bill.

It is right that there is no Bill but that there will be pre-legislative scrutiny of provisions covering access to communications data. Scrutiny means testing the evidence, and parliamentarians need public debate between experts on both technology and security. We cannot turn back the clock. Perhaps I should be talking about technologies in the plural. Certainly we have moved on—not just from when we communicated by letter, but from when the Regulation of Investigatory Powers Act was passed. We must not miss this chance to re-examine what is in place now to ensure our freedoms under the rule of law, which includes revisiting RIPA. I might also revisit the issue of legal professional privilege. It does not take a crystal ball to predict that the use of closed proceedings will get a thorough scrutiny too, although I hope that when we see the Bill it will be less—I search for an adjective—extreme than what was, after all, only a Green Paper. I noticed, however, that last week the Home Secretary talked in the Commons about,

“proposals to deal with the limitations of the current court rules which do not allow sensitive intelligence evidence to be heard in civil proceedings, even where it is of central relevance to the case”.—[Official Report, Commons, 10/5/12; col. 177.]

That is not so. It is not the rules of court, it is the security services which withhold the information. Parliament is—and should be—in the business of protecting our freedoms in the complicated society which is the 21st century. Society changes, challenges to freedoms may change, but the freedoms themselves are millennia old. At the start of the service on the first night of the Jewish festival of Passover, which is about freedom, the service describes it thus:

“Freedom from bondage and freedom from oppression, freedom from hunger and freedom from want, freedom from hatred and freedom from fear, freedom to think and freedom to speak, freedom to learn and freedom to love, freedom to hope and freedom to rejoice”.

That is still entirely relevant.

Abu Qatada

Baroness Hamwee Excerpts

Monday 30th April 2012 Lords Chamber

[Lord Henley]

My Lords, I do not accept what the noble Lord says at all. All I said was that I thought that the declaration represented a substantial package of reforms. There could be many more reforms to that court. The noble Lord knows perfectly well that it very often exceeds its functions and goes beyond what was ever intended in 1950 when we signed up to the original convention on human rights.

[Baroness Hamwee]

My Lords, the procedural issues are important but so, too, is the substantive issue. With the Government having reached what they regard as an acceptable memorandum of understanding with the Jordanian Government as to the evidence that will be used in a trial in Jordan, can the Minister tell the House how that process will be monitored to ensure compliance with the memorandum of understanding?

[Lord Henley]

My Lords, we will maintain very close contact with the Jordanian Government when we manage to extradite this man to Jordan and he faces his trial there. We will make sure that we keep fully cognisant of what goes on in the trial in that country.

Protection of Freedoms Bill

Baroness Hamwee Excerpts

Tuesday 24th April 2012 Lords Chamber

[Lord Vinson]

My Lords, I share with many in the Chamber the deep concern about the erosion of our freedoms. If our forebears were listening today and hearing that more than 1,000 organisations and, through them, probably tens of thousands of officials have the right of entry into the Englishman’s castle, his home, they would be horrified.

I am comforted by the emollient words of the Minister, who says that what we are trying to do is helpful but he would rather leave it to his own officials to take two years to work out the position. I suggest that we put the clause the other way round and that he says to his officials, “I am going to accept the latest amendment of the noble Lord, Lord Marlesford, and if you have not reviewed your position and come up with a satisfactory conclusion within two years, by default the noble Lord’s amendment will stand”. That would surely put a boot behind the consideration of these matters by the various departments and help achieve what we all want to achieve. Perhaps in his reply the Minister will say whether that idea has any grains of usefulness.

[Baroness Hamwee]

My Lords, picking up on the point of the noble Lord, Lord Butler, I think everyone’s heart is in the right place on this matter but that we are struggling to articulate what is in our hearts in the right way. I am with those who, as the debate goes on, increasingly see complexity in this matter and a need for us to be very careful in the way we do what we are all trying to do.

We have reached a point in the procedure where what we agree to in the wording has got to be very precise and correct. Some noble Lords have said, “Send this back to the Commons and it can sort it out”. However, we know that in practical terms that would be very difficult within what is now almost a matter of hours. To be rather boring, perhaps necessarily so, on the drafting, I said on the previous occasion that I find the term “demonstrate” very difficult. It is not one which I am accustomed to seeing in legislation and I do not know where it rests in the evidential hierarchy, if that is the right way of expressing it. I am worried about the possibility of judicial review around “demonstrate” within new subsection (3)(b)(i).

I am also quite puzzled. I think I am correct in saying that what the Government are proposing in Clause 40(1) is discretionary, and so could come within the review; that Clause 40(2) is not exclusive; and that we, as a House, would be asked to consider what is proposed in particular instances through the statutory instruments procedure. Sometimes, notwithstanding the Merits of Statutory Instruments Committee, of which I am a member—I was not there this afternoon but I read the green bananas order realising that it might have some application today—it is incumbent on all of us, as a House, to be very diligent with what is coming before us via statutory instruments. However, if there is discretion—I think the proposals of the noble Lord, Lord Marlesford, are not mandatory but discretionary—then, in a sense, what is proposed is something and nothing. However, we are talking about them as if they are mandatory.

As to noble Lord’s reference that, essentially, future Parliaments may say, “Notwithstanding that a statute says X, Y, Z, it shall be something else”, again that may be something or nothing. However, I wonder what implication it has because no Parliament can bind its successors, as we know.

This brings me back to thinking that we need the review which has not only been promised but is required. I am entirely with those noble Lords who say that two years is too long given the demands that we are all making. It is easy to ridicule departmental inquiries. As I had understood it—I have never been in government —it is the departments that do all the work, with Ministers being advised by them. So we should not be too dismissive of the departments. However, the work needs to be done more quickly than under the timetable the Government are currently setting, and I for one would urge my noble friend on. If the Government can see their way to a quicker exercise, that might take the sting out of this.

I ought to say, finally, that I am vice-president of the Chartered Institute of Environmental Health. However, I have not been briefed by it, or even discussed it with it, and it has not been in my mind as in any way influencing what I have said.

[Lord Selsdon]

My Lords, I find myself in a very difficult position, having begun this subject in 1975 and taken three Private Members’ Bills through the House. I am extremely grateful to my noble friend Lord Marlesford, who has a much more aggressive and attacking attitude than I do, being a man who has journalistic abilities. I am a simple person who simply says that there is a logic here.

First, you have to find out how many powers of entry there are. We began by asking questions of Ministers, none of whom knew what their powers of entry were. We worked out together that there were 584 and then made a joint arrangement with the Home Office to conduct a review, which took 18 months. We got up to 800 and then to 1,100. Finally, with the support of the Home Office, we found there were 1,200. However, this was not enough, because individual Ministers still did not know what their powers of entry were. All powers of entry relate to individual ministries, whether to Defra or any other ministry. I suggested this to my noble friend in Committee but did not want to speak again because one says the same things again and again. Even though some of your Lordships have passed on and some have never heard what one has said, repetitive Peers are not good creatures.

I therefore suggested to my noble friend that he put the latest list of powers of entry in the Library. He was rather reluctant to do this and said that we could see them on the Home Office website. However, that is quite difficult to access. Fifty per cent of your Lordships are not what I would call electronified and therefore do not know how to access websites. My noble friend wrote to me the other day and said that it would be placed in the Library. I am on the Information Committee and it is not yet there. Perhaps it could get there quite quickly.

My objective today is not to suggest anything. The help that I had was from the party opposite, which in the beginning was slightly cynical about all this. However, it went out of its way to say that this was a non-party issue and that we needed first to define what those powers of entry are and secondly to make sure that each ministry and Minister knows what their powers are and how they could be applied. There was then a separate exercise in respect of a code of conduct. That was going to take a further period to review, although we worked one out in a simple morning sitting around a table. You would say please and thank you and identify who you were. You might wear a uniform. It was not a very difficult exercise.

I am not saying that the Government are prevaricating in any way. I find this very difficult. Trying to be non-party on this, I should probably not vote for or against anything. However, the Minister should do what he can to reassure the House that this matter is under control. There is no need for another two-year review. I could get it done by the private sector pretty quickly.

I am very grateful to my noble friend for showing the attitude that he has. The noble Lord, Lord Marlesford, does not give up once he is on to something and does not lose the scent. I am very grateful to him for doing this today. I do not want to go against any party Whips, but I did say to my own party Whip that there might be an occasion when I could once more be a little bit independent for a short period. However, I urge him to take matters further.

--- Later in debate ---

[Baroness Hamwee]

My Lords, what we have heard today emphasises the need for training for the police and maybe other agencies, and the need to be alert to behaviour that may escalate, having started as apparently comparatively innocent. I was relieved to hear my noble friend say that these amendments are unnecessary and grateful for his explanations. Reading them earlier today, it seemed to me that they were covered in both senses. The two sets of behaviour described, of which individual B was the subject, would fit within the new sections. As regards a third party, it is likely, depending on the degree of seriousness, for other criminal offences to be involved.

As I say, I am glad to know that the amendments are unnecessary and that such behaviour will be covered. If legislation is adequate, it is important that it is not expanded to cover explicitly this sort of example because matters that are not explicitly included might then be thought to be excluded. Therefore, if the legislation covers, perhaps in a fairly technical way, the behaviours that are of concern, it could be damaging in a wider sense to spell out those behaviours in the legislation.

[Lord Henley]

My Lords, I can respond relatively briefly and will deal, I hope, with most of the points. First, to protect the honour of the Home Office, I correct just one point made by my noble friend Lady Brinton. She talked about there being a department in the Home Office known as “Death and Violence”. I can assure her that that is not the case. The Home Office team that leads on this is called Interpersonal Violence, which I hope my noble friend will accept is a better name than the suggestion that she put forward.

I thank the noble Baroness, Lady Royall, for accepting that this matter has been driven by Parliament. It has been cross-party and I pay tribute to all those in this House and another place—the right honourable Elfyn Llwyd and others—who have led the work on this. Perhaps I may also say how important it is that we work with others; and that is why we will continue to talk to NAPO, Protection Against Stalking and ACPO about how we bring in the right training. As the noble Baroness will be aware, my right honourable friend the Prime Minister made it clear on International Women’s Day that training will be provided, and we will work with those bodies to develop that training. It is because we are providing it that we do not believe that the noble Baroness’s amendments are necessary or appropriate. It is because we believe that we have come to a considerable degree of consensus on this that now is the moment to move on and get this Bill on the statute book.

All that I want to do at this point is respond to one matter in the example that the noble Baroness gave regarding Mary and the problems she faced. The noble Baroness said that Mary did not change her daily routine and therefore would not be captured by new Section 4A. As the noble Baroness made clear, Mary on that occasion kept records of her stalker, she did not sleep and had to speak to the police. All those are examples of day-to-day activities being affected. Therefore, new Section 4A certainly could apply in that case, and that is why it is important that we provide the police with exactly the right training, and is why I am trying to give the commitment that we will work with the bodies that we have been talking about to make sure that the right training is evolved.

I should also take on the point made by my noble friend Lady Brinton about the need within the Home Office and Ministry of Justice to make sure we change the culture appropriately—that obviously also applies to the police—in terms of understanding the importance of these matters and ensuring that prosecutions are, when appropriate, pursued with vigour, if necessary at the higher level provided by new Section 4A, or by new Section 2A in much more minor cases. I dealt with the example given by the noble Baroness because I wanted to make it clear that new Section 4A could apply even in that case.

I therefore feel that the noble Baroness’s amendments are not necessary. I hope that she will not press them and that the Bill can move on to the statute book with due speed.

Stephen Lawrence

Baroness Hamwee Excerpts

Tuesday 24th April 2012 Lords Chamber

[Lord Henley]

My Lords, I am grateful to the noble Lord for his support for the commissioner in these matters, and I am also grateful that he stressed that we have already had two reports—from Macpherson and the IPCC—both of which were unable to find any corruption in the original inquiry. However, obviously that does not mean that we should not look again at these matters and that is why in this Statement, made in response to a Question, we made it clear that initially the Met will hold an internal review. The noble Lord asked when it will conclude. Obviously I cannot give him an answer to that. If it is to be an internal review, it would not be appropriate for me, the Home Secretary or any other Home Office Minister to say how it should be done and when it should report or whether at this stage any assistance from HMIC might be appropriate, as the noble Lord suggested. As the Statement makes clear, my right honourable friend is treating these issues with the utmost seriousness and is currently considering her decision on these matters. It would be wrong for me to try to pre-empt that decision. That is why the Statement makes it clear that she offered to meet Doreen Lawrence to discuss these matters and that she will keep the House updated as and when appropriate.

The noble Lord then asked whether an independent inquiry was the only solution or whether we should have a continuation of Macpherson, and whether cost would influence us in these matters. I can give him an assurance that, within limits obviously—we do not want another Saville inquiry, which the noble Lord will remember cost something of the order of £100 million or £200 million—we will not let cash constrain or limit us too much.

The noble Lord went on to ask whether we would consider the terms of reference for any new inquiry. Again, until we decide whether we will have an inquiry, which is a decision for my right honourable friend, I cannot speculate on that on this occasion.

I have tried to answer every question that the noble Lord has put to me, but I have given him no answers whatever because this is not the moment or stage at which to do so. However, my right honourable friend is considering these matters and they are being taken very seriously indeed. She will consider them in due course.

[Baroness Hamwee]

My Lords, while one obviously regrets the need for such a Statement, I thank the Minister for giving it. Among one’s reactions, one can only imagine the frustrations of the many good officers who have been involved in this whole case, and, of course, the feelings of the Lawrence family. I also welcome the Home Secretary’s agreement to meet Mrs Lawrence. Does the Minister agree that the whole case confirms the wider importance of the involvement of, and information being given to, the family of victims as well as, when it is not a murder case, to the victims themselves? We have moved a long way, though there is further to go, from the days when the victim was little more than a witness. The role of the family is important in this day and age.

[Lord Henley]

My Lords, I totally agree with my noble friend about understanding the importance of victims and their needs, which is something that I hope we always manage to do. I also endorse what she said about the frustration of what she described as the vast majority of officers. I should like to make it clear to the House at this stage that there is no evidence from the two inquiries we have had. So I should like to refer to the frustration of all officers, on the basis of the basic presumption in English law that all are innocent until shown to be otherwise. However, I accept what she means about the frustration of those who feel that they have been tarnished by the actions of what we hope is not even a tiny minority—we hope that it does not exist at all.

Immigration: Eurostar

Baroness Hamwee Excerpts

Monday 23rd April 2012 Lords Chamber

[Lord Henley]

My Lords, as the noble Lord knows, the ideal would be to process the passports at Brussels, which we try to do for seven of the 10 or 11 trains a day that go from there, stopping at Lille, that do not allow people to buy casual tickets. The noble Lord knows of the so-called Lille loophole, which we want to plug. As he has said, one solution would be to have staff on the train. We believe that that would be unnecessarily expensive and would not be cost-effective. We are talking about only three trains a day being affected by the Lille loophole. We think that we can continue to negotiate with the Brussels authorities to get them to allow us to do all the checks on all the trains, including the three on which casual tickets are allowed to be bought, at Brussels as would be appropriate.

[Baroness Hamwee]

My Lords, has the Minister been able to visit British Transport Police operations at St Pancras to look at what happens in relation to child trafficking? In a recent debate, he indicated that he would like to do so. My noble friend Lady Doocey pointed out that a number of simple steps could be taken to protect unaccompanied children coming into this country, including checks on the identity of such children and on the people collecting them, and a dedicated space on the train. Has he been able to follow any of those up?

[Lord Henley]

My Lords, I have not yet been able to visit St Pancras but I certainly hope to do so. My noble friend’s question is going slightly wide of the Question on the Order Paper, but it is valuable in that it points to the need not only to maintain appropriate security to provide the proper checks and safeguards for those who potentially are being child trafficked but to be able to do that in as user-friendly a manner as possible so that the complaints to which the noble Lord, Lord Berkeley, referred do not happen as well.