(7 years, 8 months ago)
Lords ChamberTo ask Her Majesty’s Government whether they intend to refine the definition of domestic extremism, in order to enable the police to focus on those involved in terrorism and serious crime.
My Lords, the definition of domestic extremism used by the police is not statutory. Questions about the police definition and their work on domestic extremism are matters for the police.
I thank the Minister for that evasive Answer. Quite honestly, of course it is a matter for the Home Office whether the police misuse their time. There is now a huge amount of incontrovertible evidence showing that the police watch peaceful, non-violent environmental campaigners. They are utterly wasting their time and not concentrating on people who can actually cause terrorism—terrorism, not tourism—in this country or commit violent crime. Will the Home Office take its responsibilities seriously about preventing such crime and make sure that the police follow some reasonable guidelines on what a domestic extremist is?
My Lords, I do not agree with the point on the police misusing their time. On whether the Answer was misleading, the Question read:
“To ask Her Majesty’s Government whether they intend to refine the definition of domestic extremism”.
It is not our definition.
(7 years, 8 months ago)
Lords ChamberPerhaps the right reverend Prelate would like to comment.
My Lords, perhaps I can bring us back to the Question. Will the Minister clarify whether, if sensitive information is going to be passed to the EU, that will exclude information that is held by the security services and by the police on environmental campaigners, journalists, photographers and even politicians who have committed no crime?
The information that is shared is for the purposes of investigating crime, so someone who had not committed a crime would be unlikely to have their information shared with other countries.
(7 years, 9 months ago)
Lords ChamberI can assure the noble Lord that I am not going to shoot him. The NMIC brings together 14 maritime security stakeholders to provide the UK with a unified picture of maritime threat around the UK and globally. As I think I pointed out in previous Questions, a multi-agency, multi-effort approach to intelligence and security and control of our borders is the way forward.
I am sure that the Minister is aware that wildlife crime is another international illegal activity that feeds into all sorts of crimes here in the UK. The wildlife crime unit is always under pressure. Interpol takes it incredibly seriously: it has 30 officers. Are the British Government going to take it seriously as well, and not cut its budget?
The British Government do take it very seriously; in fact, I was watching last night, as I am sure that the noble Baroness was, the programme that is on at teatime on Sunday, which I think is called “Countryfile”. It was about the death of wildlife and some of the wildlife crime that goes on. Yes, the Government do take it very seriously indeed.
(7 years, 9 months ago)
Lords ChamberGenerally, the presumption is that anyone concerned with crime, and fighting crime, will have access to the PND. As to which countries will have that access, clearly there are international arrangements for the sharing of data, and I am sure that that includes America.
My Lords, I still do not understand how an innocent member of the public will know that their image is on the database. Surely it would be easier for the police just to delete those innocent people without putting them to the trouble of applying. It would be more work for the police that way.
The noble Baroness has a point, but in fact it is a manual process and would be incredibly resource-intensive. There will be people who do not mind their image being there. If my image were on the PND, although I do not think that it is—[Interruption.] If the noble Baroness’s is, I would expect her to request deletion immediately.
(7 years, 11 months ago)
Lords Chamber
To ask Her Majesty’s Government whether a person may be designated as a core participant in the Pitchford inquiry into undercover policing if they are currently under surveillance, or subject to data access requests, for activities unrelated to any investigation of a serious criminal offence.
My Lords, the designation of core participants is a matter for the chairman of the undercover policing inquiry. The chairman will consider the inquiry’s terms of reference and the requirements of the Inquiry Rules 2006 when making his decisions.
I thank the Minister for her response. It does not answer my Question, obviously. The problem is whether or not the police are still spying on people they have spied on before, who are now subject to an inquiry. Has the Minister asked for assurance from the police that they do not still have those core participants under surveillance? If she has, has she told the inquiry chair, Lord Justice Pitchford, who really ought to know?
My Lords, I have not told the police. Obviously, I will not ask from the Dispatch Box whether the noble Baroness has asked the police but perhaps we could have a conversation about it afterwards.
(8 years, 2 months ago)
Grand Committee
To ask Her Majesty’s Government whether they plan routinely to publish statistical information on the detention of pregnant women under the Immigration Act 2014.
My Lords, I make no apology for returning to an issue that was discussed at length in this House earlier this year during consideration of the then Immigration Bill, now the 2016 Act, and which I raised again on 25 May, but I do regret having to do so. I feel that the Government have behaved badly here and I would like to hear an explanation. This is a vital issue that goes to the heart of the sort of nation we want to be and think ourselves to be. In the words of the Royal College of Midwives:
“Women who are pregnant are uniquely vulnerable in so far that they (and their babies) will always have specific, and sometimes serious healthcare needs which are time critical and may impact on health outcomes … Given these risks, and the fact that pregnant women are very rarely removed by means of immigration detention, there is simply no justification for detaining pregnant women in immigration facilities”.
To their credit, after more than a bit of nudging by this House, Ministers largely accepted that argument and Section 60 of the 2016 Act provides for a new 72-hour time limit on the detention of pregnant women. This can be extended to seven days if authorised by a Minister. In common with the Royal College of Midwives, the Royal College of Obstetricians and Gynaecologists, Maternity Action, Women for Refugee Women, Medical Justice and many members of this House, I believe that pregnant women should never be held in detention. I would have much preferred to see the Government agree to an absolute ban on such detention. In the words of Medical Justice:
“Even short-term detention can be harmful to pregnant women and their unborn babies”.
As I said, the 72-hour time limit, which came into force on 12 July, represents a significant and very welcome step forward. However, if we are going to have confidence in this time limit and its effectiveness, and in the Government’s stated intention to end the routine detention of pregnant women, it is essential that meaningful statistics on the detention of pregnant women be publicly available. On this, not only has there been disappointingly little progress since the noble and learned Lord, Lord Keen, told me on 25 May that the Government were considering how best to collate the information on detained women, but the Home Office has actually actively hindered efforts by Women for Refugee Women and others to monitor the use of detention and compliance with the new time limit. Since the Home Office started collecting information on the detention of pregnant women in August 2015, following a recommendation from Her Majesty’s Inspectorate of Prisons, Women for Refugee Women has asked to access that data through freedom of information requests.
The Home Office took almost five months to respond to the first request, which was made in February this year, and did so only after the Information Commissioner’s Office upheld Women for Refugee Women’s complaint that the Home Office had breached Sections 1(1) and 10(1) of the Freedom of Information Act 2000 by failing to respond substantively within 20 days. Women for Refugee Women put in a second freedom of information request at the Home Office on 23 August, but as of today it is still awaiting a response and has been forced to lodge a further complaint with the Information Commissioner’s Office. I find it a matter of concern that even after the upholding of a complaint by the Information Commissioner’s Office, the Home Office still does not appear to regard responding to such requests in a timely manner as at all important. Its failure to comply with the 20 working-day period specified in the Freedom of Information Act hinders scrutiny of the use of detention of pregnant women.
More generally, I find it astonishing that five months after the Minister told this House that the Government were busy considering the options for the collection of data on detained women, we are still awaiting a mechanism for making that data publicly available. After all, we are talking—at least, I hope we are—about a relatively small number of women, so I simply do not see how difficult it can be. Once they have said that they might be pregnant and they have been examined, surely it is easy to collate that information. Ministers have asked us to accept that they have committed themselves to a new policy to minimise the number of pregnant women in detention. I am willing to accept that, if the Home Office would only make the tiny effort necessary to allow proper scrutiny.
Data collection aside, in June the Home Office issued a draft detention services order on the care and management of pregnant women in detention. It sought comment on the draft and stated that a final DSO would be published over the summer, but as of today it has yet to release that—not to mention that in the view of the Royal College of Midwives, the Royal College of Obstetricians and Gynaecologists, Maternity Action and a host of others, the draft DSO was absolutely inadequate. Accordingly, I have some questions to which I would very much like answers. I understand that it may not be possible for the Minister to give them all today, but I hope I do not have to go through a freedom of information request because obviously, that will take a long time.
I would like to know how many pregnant women have been held in immigration detention since the implementation of the new time limit on 12 July. How many of those women were held for more than 72 hours? How many were removed from the country and how many were released back into the community? When will the Home Office start publishing these figures and other data on a regular basis, and when will it publish the final revised detention services order? On a day when we have heard that the Government have been forced to pay out £14 million to 573 people who were wrongly imprisoned under immigration powers, and earlier this year an inspector’s report said that Europe’s largest detention centre near Heathrow was “dirty and run down”, “overcrowded” and with “seriously insanitary” toilets and showers, it seems that something has to be done. If we are a nation of people who pride ourselves on our compassion and upholding our principles, this is something that we need to deal with, and quickly.
Finally, I hope that the Minister can give us an assurance today that any further freedom of information requests on the detention of pregnant women will be dealt with by the Home Office in a legal and timely manner, and certainly within the 20 working-day time limit.
(8 years, 7 months ago)
Lords Chamber
To ask Her Majesty’s Government whether they will make it their policy routinely to publish statistical information on the detention of pregnant women under the Immigration Act 2014.
The detention of pregnant women under Immigration Act powers occurs in only very limited circumstances, either where there is a clear prospect of early removal or in very exceptional circumstances. Very few pregnant women are detained. With the implementation of the Immigration Act 2016, the Government are considering options for the collection of data on detained women who have disclosed their pregnancy to the Home Office.
I thank the Minister for that reply, and it is welcome news. Is there any timetable on this? Can we be sure that it is going to happen within the next few months? It seems incredible to me that it is beyond the wit of the Home Office to count the number of pregnant women who are held in detention.
At present there are management data from diverse sources, including medical data, border data and detention data. The Government are considering how best to collate the information and whether it will be necessary to actually publish it. I ask the noble Baroness to bear in mind that our intention is to minimise the number of pregnant women in detention, and that will dictate how we proceed.
(8 years, 8 months ago)
Lords ChamberWith respect to the noble Lord, Clause 217 does not provide anyone with unlimited powers with respect to these matters; it deals with technical capability notices—a notice which is given after discussion with the Technical Advisory Board to a company requiring it to retain the ability to decrypt information if and when an appropriate warrant is served pursuant to Clause 36 of the Bill. Therefore, it applies only to the extent that it is reasonably practicable for the company to comply. The relevant tests are clear in the Bill, as the noble Lord may recall, as he sat on the Joint Committee that considered the Bill between November 2015 and February 2016.
My Lords, will the Minister explain Clause 217 a little more clearly? It suggests that a warrant might be sent overseas from the UK. Does the opposite apply as well—that UK tech companies might get an overseas request to break encryption, with which they have to comply?
I am obliged to the noble Baroness. Let me be clear: Clause 217 is not concerned with warrants but with technical capability notices. They precede any question of a warrant. A warrant or a notice would proceed under a different part of the Bill. I do not want to elaborate on this because the Bill will be before this House in the very near future, at which time these details can be considered. However, to pick up on the noble Baroness’s last point, on companies that are overseas but have a presence here and provide services here, the warrant does extend to those companies. With regard to companies overseas, the warrant may be served there. They may have an answer that it is not reasonably practicable to respond because, for example, their own domestic law forbids them doing so. However, the Government have already initiated discussions with the United States of America to come to an agreement on reciprocal enforcement of these relevant and important provisions.
(8 years, 8 months ago)
Lords ChamberI do not have the figures for motorists as regards that matter in the context of prosecutions, but I would be content to write to the noble Lord to give him the statistics as and when they are available for the relevant year. The figures for 2014 are complete, but the figures for 2015 will not be available until May this year.
My Lords, I am sure the Minister is well aware that the Transport Committee of the House of Commons said last month that it was very concerned about the ever-increasing number of pedal cyclist casualties, which has gone up by 8.3% in the past year. What are the Government doing to reverse that trend?
(8 years, 10 months ago)
Grand CommitteeMy Lords, I apologise for not having put my name down to speak. I support the noble Lord, Lord Dubs, because the whole issue of affordable housing is very complex. The waters have been completely muddied by the Mayor of London, who changed the whole concept.
Another issue that I want to put on the table in an urgent way is what is already happening on some of these sites; for example, at Parsons Green there is a thriving artisans’ hub and it seems very strange that those people should be driven out without any confirmation of where they can go or the possibility of return. So I stress to TfL that the direction is not only about housing. We all want housing, we all want affordable housing—some of us even want social housing—but we also want jobs and it is incredibly important that those factors are brought in as well with this Bill.