(8 months, 2 weeks ago)
Lords ChamberMy Lords, it is the turn of the Green Benches. If everyone is quick, we can then hear from my noble friend Lord Polak.
I will be quick. I will just say that I will miss Lord Cormack very much.
There is a section of prisoners—the IPP prisoners, who are imprisoned for public protection—who are constantly being called back to prison, and their mental health is very much under threat; they are a very vulnerable population. Are prisons looking to rehabilitate those prisoners in particular, by preparing them for work?
My Lords, does the noble Baroness understand that, if the Bills were better when they came to the House, there would be fewer amendments and it would take less time to get them through?
That is a judgment call from the noble Baroness. This discussion is not about how much people do or do not like Bills. What is clear is that Committee and Report stages are lasting an awful lot longer, and that goes back to my first point about the constant repetition of the same point.
(1 year, 8 months ago)
Lords ChamberMy Lords, it is the turn of the noble Baroness from the Green Party, followed by my noble friend Lord Lamont.
It is good that the Minister emphasises R&D, but, truly, electric cars are not really sustainable, so the Government will actually have to think about the next generation of much more sustainable vehicles. Will any of that research and development go into improving our public transport networks—not HS2?
(2 years ago)
Lords ChamberMy Lords, I suggest that we hear from the noble Baroness, Lady Fox.
(2 years, 7 months ago)
Lords ChamberMy Lords, I will not repeat what I said earlier on, but on the panel that will investigate this, we have a legally qualified chair, an independent panel member and a member of HMICFRS. In terms of independence, I do not think there can be any argument, and there is certainly no argument about the rightly named Independent Office for Police Conduct.
The IOPC report said that Veale had been found guilty of lying about damaging his work phone so that he could not be held accountable. I understand some senior Tories at No. 10 have done something similar, so what is happening with them?
My Lords, I will just repeat what I have already said: that the IOPC is by its very name independent and will conclude its investigations in due course. This House trying to get me to opine on an ongoing investigation is not the best idea for the outcome of that investigation.
(2 years, 7 months ago)
Lords ChamberMy Lords, I declare that I have met several PCCs during my long interest in policing. It is true that Conservatives have a propensity to cut—they cut figures, costs and budgets all the time. It is exactly what the Conservatives did back in 2010, which caused chaos in policing, because the budget was cut so savagely and so quickly. So perhaps this PCC did not get the memo that the Government are now recruiting.
My Lords, I think all PCCs got the memo. The funding and the precept capability are there for police to not just get the numbers through the police uplift programme but to add to them through the precept, if they see fit in their area.
(2 years, 7 months ago)
Lords ChamberMy Lords, I was not thinking so much about the warrant card in tracking, but if I get sacked as a Minister tomorrow because I have done so badly at this Statement, the minute I get sacked I can no longer get into the Home Office. I have been thinking of all sorts of practical solutions to this. I think it is a very serious question for the police to answer, given that there are 2,000 cards out there; it is not just 200, it is 2,000. I totally accept the noble Lord’s point about finding innovative solutions.
On the repeat vetting, the Government expect the College of Policing to consider the findings from this inspection and other relevant inquiries and then to update its guidance appropriately, as the noble Lord said. We will now consider next steps, following the wider vetting inspection being carried out by the inspectorate. We want to make clear that the Met must take immediate steps to safeguard its workforce and, as a result, the wider public.
On the noble Lord’s first point about whether there is any satisfaction in the Metropolitan Police about this report, it would take a strange person to find any satisfaction in this report.
My Lords, back in 2000, when I was first elected to the London Assembly, the then Mayor of London, Ken Livingstone, appointed me to the Metropolitan Police Authority under the chairmanship of the noble Lord, Lord Harris. At that point, the case of Daniel Morgan was a 13 year-old scandal, and now it is a 35 year-old scandal—and still no one has been arrested, charged or whatever. We ought, if only in Daniel Morgan’s memory, to try to create a situation where the police can be more respected.
I mention the vetting procedures, because obviously you need to vet new recruits extremely carefully and carry on vetting during the lifetime of police officers. But there is also the whole training issue: you have to train officers to be responsible and honest and to have a duty of candour, which was one of the recommendations. There has to be zero tolerance of the sort of misogyny, sexism and racism that we have seen repetitively over the past few years. On a final point, I do not trust the current commissioner to achieve these things, so the faster we get a new commissioner, the better.
My Lords, I have touched on the new commissioner, and I expect that appointment to be very soon indeed. On the duty of candour, as the noble Baroness might have heard me say, last year we introduced a duty of co-operation, which is very strict in its application and can result in sanction or, indeed, sacking for those who do not abide by it.
Vetting has come up in every single instance when I have stood up to talk about the Metropolitan Police over the last few months. On the number, in 2018 there was a backlog of 16,000 people waiting to be vetted. That number is now 671, so in terms of throughput that is an encouraging figure. Forty files were reviewed by the inspectorate to see whether the checks recommended by the College of Policing, through its authorised professional practice on vetting, had been completed, and they had in every single case.
The noble Lord, Lord Paddick, talked about people working in more sensitive posts, and I think I gave a response to that. I have also talked about the ongoing work commissioned by the Home Secretary, and the work by Dame Elish and the noble Baroness, Lady Casey, which touches on the points that the noble Baroness talked about. That does not take away from the point that vetting comes up time and again, and it is clearly an area that needs to be investigated and addressed.
(2 years, 8 months ago)
Lords ChamberI wholeheartedly agree with my noble friend that trust has been diminished, certainly in the past couple of years. The death of Sarah Everard exemplified that lack of trust. I hope that getting Dame Elish Angiolini in to do the inquiry into the killing of Sarah Everard, the circumstances surrounding it and the police’s practices will go some way to restoring trust and confidence in the police.
My Lords, can the Minister, now a privy counsellor, give us an update on the IOPC’s examination of Charing Cross police station, where a lot of protesters have now made reports that they were treated badly by the officers there, who also treated women very badly? For example, their names were not released so people did not know whether they were being held there and they were held longer than they needed to be—that sort of thing. Is it possible to have an update?
The IOPC does not usually provide updates on its investigations, but certainly when it has completed its investigations, its reports are published.
(2 years, 8 months ago)
Lords ChamberIt is up to states to interpret the refugee convention for themselves in line with the Vienna convention, which is a crucial part of it. There are examples across the world of states having interpreted in different ways but, as I said, it always has to be in line with the Vienna convention.
My Lords, we heard from various Cabinet members over the weekend, including the Prime Minister, about the Government’s willingness to help Ukrainian refugees and all that sort of thing, but that is totally not what is happening. How come they can say that, which sounds like a blatant lie, when in fact the Government are doing everything they can to make it harder for refugees, including Ukrainian refugees, to come in?
It is not about just willingness to help them; we will help them.
(2 years, 9 months ago)
Lords ChamberI am sure that the noble and learned Baroness knows about some of the youth interventions we are putting in place, including in youth opportunities. We are investing £200 million in a youth endowment fund to ensure that those most at risk are given the opportunity to turn their lives away from violence and lead positive lives.
My lords, two police forces so far, South Yorkshire and Thames Valley, have decided to stop showing images of knives that they have found. My colleague at the London Assembly, Caroline Russell, has asked the Mayor of London whether he will encourage the Met to stop sharing those images, because it probably encourages knife crime rather than diminishes it. Is that something the Home Office might support?
If police forces decide to do such things as stop showing pictures of knives, that is entirely a matter for them. Of course, we support whatever works—sometimes showing pictures of knives increases the fear factor in getting involved in things such as knife crime—but it is down to local police forces.
(2 years, 11 months ago)
Lords ChamberWithout going into the details, monitoring of some of the threats that we face goes on in the UK. Noble Lords will have seen in the press some examples of where that has led to more violent crime.
My Lords, we saw with the killer of Sarah Everard that he was part of the police and was protected by a quite toxic culture within the police. Does the Minister agree that if we had misogyny as a crime, the police themselves might improve on their behaviour?
It was clear from the murder of Sarah Everard and the ensuing inquiry that we need to look into an awful lot of areas: the culture, vetting and other elements of what might have led to what happened. It probably goes beyond misogyny.
(2 years, 11 months ago)
Grand CommitteeMy Lords, I beg to move that the order, which provides for the continuation of the Secretary of State’s TPIM powers, or terrorism prevention and investigation measures, for a period of five years, be approved.
The Government take all necessary steps to protect the public. The threat we face from individuals and groups who wish us harm is significant and enduring. It is vital that we have the tools necessary to keep this country safe. It is right that our first response to terrorism-related activity should be to prosecute or deport those involved, but it is not always possible. That is why we continue to require the powers conferred on the office of the Home Secretary within the Terrorism Prevention and Investigation Measures Act 2011. Section 21(1) of the Act states that the Secretary of State’s TPIM powers will expire at the end of five years from the date the Act was passed. Due to the continuing threat to the UK from terrorism, and following consultation with the Independent Reviewer of Terrorism Legislation, the Investigatory Powers Commissioner and the director-general of the Security Service, there can be no doubt that TPIMs remain an essential component of our toolkit to manage the threat from terrorism.
The Act provides the Secretary of State with powers to impose a TPIM notice on an individual if the conditions set out in Section 3 of the Act are assessed by the Secretary of State to have been met: namely, that she reasonably believes that the individual is, or has been, involved in terrorism-related activity, and reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to impose the measures on the individual.
In addition to the power to impose a TPIM notice, the Secretary of State has powers to extend and vary a TPIM notice that is in force, and to revive a TPIM notice that has been revoked. Since the introduction of the Act in 2011, 24 TPIMs have been imposed. As of the last published set of figures on 21 October, five TPIMs were in force. If the TPIM powers are not extended, these five dangerous individuals will be at large without any measures in place to reduce the risk they pose to the public. TPIMs are imposed as a tool of last resort, when the Security Service judges that there are no other means, or that a TPIM notice is the only satisfactory means, to manage that risk.
I shall now outline some of the background to TPIM powers for the Committee. TPIMs are civil preventive measures designed to manage the threat posed by individuals who cannot be prosecuted for a terrorism-related offence, or deported in the case of foreign nationals. There is no question that TPIMs are extraordinary measures. That is why the 2011 Act provides for broad judicial oversight, including a requirement for High Court permission to impose the measures, except in urgent cases where the notice must be immediately referred to the court for confirmation; an automatic review hearing in each case, unless the individual requests that the hearing be discontinued; and rights of appeal for the individual against the refusal of a request to revoke or vary a measure.
The TPIM legislation also places a duty on the Secretary of State to consult on the prospects of prosecuting an individual before measures may be imposed, and a duty to keep the necessity of measures under review while they are in force. The Counter-Terrorism and Sentencing Act 2021, which amended existing measures and introduced new TPIM measures, also reintroduced a requirement on the Independent Reviewer of Terrorism Legislation to publicly report on the operation of the TPIM Act.
The TPIM Act has been extended once, in 2016, by this House. Unless a new order is made under Section 21(2)(c), the powers in the Act will expire at midnight on 13 December this year. Just as was the case five years ago, it is absolutely essential that we have all the necessary powers to protect the public from terrorism-related activity. Having consulted as required by the Act, the Home Secretary has decided, due to the significant terrorist threat facing this country, to make this statutory instrument to provide for the continuation of TPIM powers for a further five-year period, which is the maximum allowable in the legislation.
It is essential that our counterterrorism strategy enables us to tackle the full spectrum of activity. TPIMs have been endorsed by the courts and successive Independent Reviewers of Terrorism Legislation, while the police and the Security Service believe that they have been effective in reducing the national security risk posed by those subject to the measures.
Our message is clear: we remain steadfast in our determination to defeat terrorism and we will take every necessary action to counter the threat from those who hate the values that we cherish. The safety and security of the public is our number one priority, and I commend the order to the Committee.
My Lords, here we are again: the five-yearly renewal of the TPIM scheme, which has been in place since 2006. I oppose these restrictive measures, which are an extrajudicial way of interfering with the rights and liberties of people who cannot be convicted of any crime.
I am curious to know whether the Home Office has explained to the Prime Minister that it is doing this. I ask because, while MP for Henley in 2005, Boris Johnson wrote of the Act in his Telegraph article of 10 March:
“It is a cynical attempt to pander to the many who”—
forgive my language here—
“think the world would be a better place if dangerous folk with dusky skins were just slammed away, and never mind a judicial proceeding; and, given the strength of this belief among good Tory folk, it is heroic of the Tories to oppose the Bill. We do so because the removal of this ancient freedom is not only unnecessary, but it is also a victory for terror.”
I hope that the Minister will at least pass this back to the Home Office to make sure that the Prime Minister is happy with this renewal. It must be so difficult for Ministers to do anything without Boris Johnson having opposed it somewhere at some point in the past; there is always an article somewhere that one can track down. Our Prime Minister is so very often so wrong, but on this rare occasion he was so right: it is heroic to oppose these measures, and the Greens in your Lordships’ House will register their opposition every five years when this continuation order comes round. I actually hope this will be the last time.
(2 years, 11 months ago)
Lords ChamberThe noble Baroness will know that it is purely a Home Secretary decision. I think the other thing she will acknowledge is that in Dame Elish we have a highly respected, highly competent individual to lead the inquiry.
My Lords, I too congratulate the Minister on her performance last night; it was a long one. A start, perhaps, to putting in a complete package on this issue of male violence towards women might be to make misogyny a crime. Are the Government considering that?
I think the noble Baroness is aware that we are not currently considering misogyny as a hate crime, but we have asked the Law Commission to look into whether hate crimes based on sex or gender should be considered.
(2 years, 11 months ago)
Lords ChamberMy Lords, I have not heard the rumour about keeping comments short. We are about to begin the 11th day in Committee of this Bill. In total, this House has sat for 60 hours in Committee, including starting early and going beyond 10 pm, as well as allowing three extra days. By the time when we finish today—and we intend to do so—we will have considered and debated more than 450 amendments.
As for the new clauses, they have been agreed with the usual channels and with the noble Lord, Lord Kennedy. I would say to noble Lords who have spoken that we intend to finish Committee today.
I support the noble Lords who have spoken. Quite honestly, this is no way to treat the House of Lords. Especially as we get older, we do not want to stay up until 2 am—and, quite honestly, this Bill should have been four Bills. I think that everybody on the Government Benches knows that. Therefore, the 60 hours of debate and 400 amendments is not that that unusual. Bringing in these amendments at the last minute is really scandalous, and very typical of an arrogant attitude towards your Lordships’ House.
I no more want to stay until two in the morning than does the noble Baroness. We will get to the public order new measures later on. I understand that the Liberal Democrats wish to vote against them, and ultimately I shall introduce them but will withdraw them, so there will be another occasion on Report to discuss them as well.
(2 years, 11 months ago)
Lords ChamberI am sorry, my Lords; he is right. It has been a very long week and it is still Wednesday.
The noble Lord is absolutely right on that, but of course a young black man is 24 times more likely to be a victim of homicide than a young white person, so the two statistics need to be looked at together. It is true that no one should be stopped and searched based on their ethnicity. The police engage with communities daily and the Government have to abide by codes of practice, and now use body-worn video, to ensure that what they are doing is reasonable and proportionate, in the pursuit of tackling crime.
In tabling at this stage a new set of amendments on the issue of stop and search without suspicion, the Government have stampeded through all our protocols and processes. I have never heard of that happening and I think the noble Baroness probably has not either. Can she explain why this is okay, when we have already passed Second Reading and have nearly passed Committee? Why do the Government think this is all right? Could the Minister please answer the question from the noble Lord, Lord Paddick, which was specifically about an impact assessment on the new stop and search amendments?
As I say, the impact assessment is done on the Bill and it will include the amendments that we propose. Amendments to legislation are often put forward relatively late in the day. In Committee and then on Report, there will be plenty of time to scrutinise them. They are in response to violent crime increasing and the Government’s real desire to tackle it.
(3 years ago)
Lords ChamberAs I have said, there is the duty to co-operate. That has been in place since last year. I take this opportunity, given that the noble and learned Lord has served under every Prime Minister from Wilson to Blair, to wish him a very happy 90th birthday for last week.
I might have the answer why the Government do not want to make it a statutory inquiry: since the inquiry can compel police officers and other witnesses to come forward and tell the truth, what comes out might be extremely embarrassing for not only the police force but the Home Office. Could it be that the Government want to protect those organisations rather than hear the truth?
My Lords, if the Government wanted to protect the organisations, we would not be calling an inquiry. We absolutely want to get to the bottom of this for every woman and girl in this country, or any mother or daughter, who feels so keenly what happened to Sarah Everard.
(3 years, 1 month ago)
Lords ChamberIt is my understanding that this company has been engaged previously by the Home Office. I can get the noble Lord some stats on other government departments if he wishes.
My Lords, could the noble Baroness clarify this for me? If a company wants a government contract, is it better to have a friend in the Cabinet, to give a large donation to the Conservative Party, or both?
(3 years, 4 months ago)
Lords ChamberMy noble friend makes a good point, but we have to be careful here. The use of body-worn video has to be lawful, necessary and proportionate, and I think that is why the call for its use in stop and search has been made. Its use generally has to be incident specific. I take the point that my noble friend makes, but it is probably not useful or advisable in all circumstances.
According to a recent report, some videos showed that police officers were poor at communicating and lacked patience and de-escalation skills. Is it possible that the pressure on the police from 11 years of swingeing Tory cuts to their budgets and numbers is responsible for that sort of pressure? Their numbers are still not back to pre-Conservative Government levels of 11 years ago.
I do not agree with the noble Baroness, she will not be surprised to know. She can surely acknowledge that our efforts to enlist an extra 20,000 police officers are all to the good in fighting crime.
(3 years, 4 months ago)
Lords ChamberTo ask Her Majesty’s Government what plans they have to implement the recommendation in The Report of the Daniel Morgan Independent Panel (HC 11), published on 15 June, that there should be “a statutory duty of candour, to be owed by all law enforcement agencies to those whom they serve, subject to protection of national security and relevant data protection legislation”.
My Lords, the Daniel Morgan Independent Panel recommends legislating for a duty of candour, which is a proposal put forward by the Hillsborough families. The Government are considering this as part of their response to Bishop James Jones’s report on the Hillsborough families’ experiences. The Government wish to engage with the families before publishing this response.
That is potentially very good news. However, the independent panel highlighted obstruction and a lack of co-operation by the Metropolitan Police that
“placed its concern for its own reputation above the public interest.”
Who do the Government believe should be held accountable for that misconduct?
My Lords, first, I extend my deepest sympathies to the family of Daniel Morgan. Regarding who should be held accountable, the Home Secretary has asked the Metropolitan Police Service to account for the findings in the report. She has also asked HMICFRS to ask the chief inspector what steps the inspectorate can take to provide assurance on the issues raised in the report.
(3 years, 5 months ago)
Lords ChamberWe would need a few hours to have that discussion so, thankfully, given that the Lord Speaker’s direction is to keep my answers brief, I will not go into that. As I have said, there are checks and balances within the criminal justice system, as the noble Lord well knows, that safeguard one route from being used in order to achieve another.
It has come to the attention of a few Members of this House that MI5 keeps files on them. If the police or security services chose to intercept our communications, would anyone in Parliament have the power to authorise or not authorise that?
I thank the noble Baroness for giving me notice of the fact that she was going to raise this issue; it is not really part of this Question, but that never stops her. As I said, we do not use intercept warrants as court evidence. In terms of who would authorise what, the Home Office would authorise its various agencies, the Foreign Office its agencies and the Northern Ireland Office its agencies, so it would be for those Secretaries of State to authorise those warrants.
(3 years, 7 months ago)
Lords ChamberHMICFRS published a report just last month on policing protests. It concluded that there was no use of undercover officers in protest policing, which appears proportionate to the nature of criminality inherent in protests generally. It makes only brief reference to the ongoing undercover police inquiry.
My Lords, the chair of the inquiry has ruled that the Special Branch registry files, which could give more information about the work of undercover officers, will not be part of the inquiry. That means that the truth will be very filtered, which makes it hard for core participants, who feel that they will not get justice. Would the Minister agree to a meeting with me and perhaps a member of each of the opposition parties to discuss the major flaws in the inquiry and why the core participants are so upset?
Just before Questions, I said to the noble Baroness that I would look into what I could and could not do because, of course, the inquiry is independent, and rightly so. Parliament would expect it to be independent and therefore would not expect interference from the sponsoring Minister—but I will take back her point.
(3 years, 8 months ago)
Lords ChamberI totally concur with the noble Lord that, sometimes, what you see in a snapshot is not actually indicative of what happened in the round. Obviously, the police are operationally independent of government, but the safeguards, which include body-worn video and data, are very important in this area. We now collect more data on this than ever before, allowing local scrutiny groups, police and crime commissioners and others to hold the forces to account. However, I thank the noble Lord for that question because it is a very important point.
My Lords, this was an exceptionally damaging report from Her Majesty’s Inspectorate of Constabulary. It talks about how the use of stop and search for drug possession is not an effective use of police time. As such, one option for the Home Office is perhaps, as it is the lead department on drugs policy, to update this and make it more relevant, bearing in mind this report. Is that something it will do?
I think the noble Baroness takes one aspect of this—drug use—and conflates it with what is actually a much more complex issue. Possession of drugs, knives and offensive weapons are linked in a complex web of criminality and victimhood: young people carry knives to protect themselves. This is all linked and complex, and I go back to the point that any stop and search should be reasonable and proportionate.
(3 years, 9 months ago)
Lords ChamberMy Lords, I thank all noble Lords who have spoken to this amendment to the Motion. I join other noble Lords in thanking the police, MI5 and other operational partners who will now, I hope, have a clear statutory framework and, as the noble Lord, Lord Carlile, says, the accompanying code of practice, which will also have the full force of law in which to operate.
I hope that the Government have put forward their case, in spite of some of the unique challenges relating to the sensitivity of this tactic and that noble Lords are reassured that I have been listening and will continue to listen to the strength of views that have been put forward on certain issues. I am happy to discuss any issue further and urge noble Lords to take that course of action if they have any remaining concerns, rather than support the amendment in the name of the noble Baroness, Lady Jones, which would cause the Bill to fall.
My noble friend Lord Marlesford talked about the implementation being monitored with rigour and I totally agree. Any legislation brought before Parliament must have that rigorous monitoring behind it. Every time the noble Lord, Lord Rooker, has spoken on the Bill, I felt like saying, “I refer noble Lords to the comments of the noble Lord, Lord Rooker”. He talked about the case studies which were much asked for at the beginning of the debates on the Bill and, once forthcoming, as the noble Lord said, almost forgotten about.
It is also worth considering that, without the power or activity that the Bill provides for, the NCA would have been unable to take almost 60 firearms off the street in 2018 alone and the Metropolitan Police would have been unable to seize more than 400 kilograms of class A drugs between November 2018 and November 2019. MI5 and CT policing would also have been impacted in their ability to thwart some 27 terror attacks since March 2017. I do not think that any noble Lord would want to prevent this criminality being stopped in future, which is what the amendment would do.
I acknowledge the important principles behind much of our debate on the Bill—Parliament needs to reassure itself that there is suitable oversight in place, and we have really interrogated that. While strong and differing opinions have been expressed on how to legislate for this activity, I pay tribute to the quality of the debate, despite fundamental differences, and the passionate and articulate way in which noble Lords have relayed their views.
I hope that, during the course of the debates, I have demonstrated the significant safeguards that exist and some of the additional ones that, as the noble Lord, Lord Paddick, and others have said, have now been inserted. Highly trained and experienced authorising officers must assess that an authorisation is necessary and proportionate. That authorisation must be compliant with the Human Rights Act, including the right to life and the prohibition of torture or subjecting someone to inhuman or degrading treatment or punishment. The authorisation is then overseen by the independent Investigatory Powers Commissioner, who reports his findings in his annual report and, thanks to amendments supported by noble Lords, will now consider each and every authorisation within seven days of it being granted. The IPT then offers an entirely independent judicial mechanism for anyone who is concerned that they have been subjected to improper action by any user of an investigatory power.
I hope that the Division that I know the noble Baroness is going to call will not succeed, and I hope that the Bill will now go back to the other place so that it can consider the amendments that noble Lords supported on Report. The Government are committed to providing any additional reassurance to command the support of Parliament and, of course, to keep the public and CHIS safe.
I will conclude there because I realise that we have combined speeches from the debate on the amendment with the final concluding remarks, but I join the noble Lord, Lord Rosser, in thanking the Opposition Front Benches, everyone who has contributed to these debates and all the staff who support us. I hope that the noble Baroness will feel able to withdraw her amendment, but I suspect that that is not about to happen.
I thank the Minister for her response and all noble Lords who have taken part in this debate. I also thank the eight or nine Peers I passed as I came into the House, all of whom gave me the benefit of their views on this Bill and my amendment—some were positive.
It seemed to me that this Bill was the worst I had ever seen in your Lordships’ House until yesterday, when we had the overseas operations Bill, which is even worse. Luckily, there appears to be more opposition to that; I look forward to joining in. I have been in your Lordships’ House for seven and a half years, and, to the best of my recollection—which is not always the best—I have only ever pressed one vote to a Division. Today’s will be the second. I should like to test the opinion of the House.
(3 years, 10 months ago)
Lords ChamberMy Lords, any cases which are live—as we term them—before 31 December will be dealt with in the ensuing period. As I have said to the noble Lord before, there will be a statement on my right honourable friend the Home Secretary’s ambition for a firm and fair immigration system for the future within three months of Royal Assent to the immigration Bill.
My Lords, in preparation for this question, I contacted the Refugee Council to hear its concerns about the changes. It sent a few questions and I will ask the Minister two of them. First, why was this major and fundamental change announced with zero consultation with stakeholders, including local authorities and the asylum sector? Secondly, the change is due to come in on 1 January, but the accompanying guidance on its implementation has still not been published. Given that this is just over two weeks away, and happening over Christmas, when will the guidance be published?
The noble Baroness described the changes as “major and fundamental”. They are neither major nor fundamental; they are technical changes. I made a commitment to the noble Lord, Lord Dubs, during the passage of the immigration Bill, that published guidance would necessarily be updated to ensure that it was clear and transparent by 31 December. The guidance will be published by the end of the year but, given the timescales involved, it has not been possible to consult on this ahead of publication.
(3 years, 11 months ago)
Lords ChamberI do not know what those recommendations are yet but I can say to the noble Baroness that the Law Commission’s review will include how protected characteristics—including sex, gender and age—should be considered by new or existing hate crime law, as well as how legislation protects the existing protected characteristics.
My Lords, one of the problems in making sure that killers and abusers of women are prosecuted is the fact that the police often—that is, in the past and still now—do not take women seriously. Misogyny is clearly a problem in police forces. What is the Home Office doing about it?
The noble Baroness asks about domestic abuse, primarily, and misogynistically motivated crimes against women. In recent years, training for front-line police responders has been improved significantly, so what might have been seen as a domestic 20 years ago is now taken extremely seriously and the appropriate action is taken.
(4 years ago)
Lords ChamberMy Lords, I bet everyone would love to know the answer to the noble Lord’s final question. The Government have to keep an open view on what the numbers are looking like and the trajectory of the number of illnesses and deaths, so it is very difficult to put a date on that. However, going back to a previous question, how we behave as individuals between now and the beginning of December—2 December being the next point at which the Prime Minister has said he will review this—will be critical to how the numbers look as we approach Christmas.
My Lords, at the start of the pandemic the Government kept changing their mind and consequently the police kept getting the law wrong. For example, the CPS reviewed some cases charged and brought by the police and found them to be 100% wrong. Will the Minister guarantee that all police forces will have the right rulebook for this lockdown, or Christmas, or whenever, so that innocent people are not arrested for doing innocent things?
To be absolutely fair to the police, at the beginning of lockdown in March there were a few examples of the police perhaps acting a little overjudiciously, but since then I have full praise for how they have dealt with the various changes in enforcement rules. The four-point process of engage, explain, encourage and enforce only as the final point has stood them and British society in good stead over the past few months.
(4 years, 2 months ago)
Lords ChamberI am sure that it will take such things into account, perhaps particularly the anxiety that women might feel when handing over something that is so much more about our lives in general now than just being a phone. That is where the balance must be struck. We want women to come forward. Rape is such an underreported crime, and we want people to come forward, not to feel hindered.
Rape prosecutions have fallen to a record low. Does the Minister think that this is a result of the Met’s intransigence about data grabbing from victims’ phones, the CPS’s ego-driven attempt to improve its conviction rate, or perhaps the Government’s swingeing cuts?
The noble Baroness obviously has firm views about all three areas, but the rape review will consider all the reasons behind recent drops in referrals—they are low anyway—and charges, prosecutions and convictions of rape cases, so the impact of digital disclosure is being considered as part of that.
(4 years, 2 months ago)
Lords ChamberThe noble Lord asked about the lead-up to 2025 and the ETA. It is a new immigration system—there will be a pragmatic approach to people coming in and out of this country, because it is a whole new system and will take some time to bed in. The ETA will give both security and certainty on people coming in and out of this country.
In terms of data sets, we obviously now use exit checks; if someone has a visa, it will be on their visa how long they are able to stay. The noble Lord talked about the person who literally went in and out of Lille in one day in order to update their boarding card. He makes a very good point.
This system will take some time to bed in. I will write to the noble Lord about some of the very specific supplementary questions he has asked; I am just giving him the answers that I know off the top of my head. As for sanctions for someone who has not complied, obviously it is easier for someone with a visa, and less easy for someone doing a series of short stays.
I am very sorry to correct the Minister, but she made a statement earlier that was incorrect. In response to my noble friend Lady Bennett, she said of retaining—or not taking away —freedom of movement that it was the will of the people and what the people voted for with their Brexit vote. That is absolutely not true. We voted—I voted—for Brexit for many different reasons, and freedom of movement did not particularly come up as a reason. Quite honestly, none of us understood that the Government were going to make such a shambles of it. We could not have predicted that it could be so badly handled. So please, it is not the will of the people, and it was not what people voted for with Brexit. They voted for a variety of reasons.
My Lords, we did vote to leave the EU, and I do not think anyone can be in any doubt about some of the reasons. People voted for a variety of reasons, but the noble Baroness will totally understand that I am not going to get into a debate about why people did or did not want to leave the EU. I will leave it there.
(4 years, 3 months ago)
Lords ChamberMy Lords, several things are happening at this point in time. The NPCC announced its intention to develop an action plan on 18 June, on the back of the Black Lives Matter protests. The College of Policing has also reviewed and applied positive action to the senior national assessment centre and its strategic command course for chief officer candidates. The recruitment of those 20,000 police officers gives us a golden opportunity to increase diversity of representation within the police.
My Lords, at a London Assembly meeting last month, my Green Party colleague Siân Berry questioned the Metropolitan Police Commissioner on that very issue of the data showing that black Londoners were two-and-a-half times more likely to be arrested or given a fine. When pressed, the commissioner said, “I have not gone back to them”—her officers—“and said ‘I am concerned about disproportionality’ or ‘Please stop acting in this manner that will lead to disproportionality’ because I don’t see that as an issue.” You have a big problem in dealing with racism if the person at the top of the organisation does not recognise that the issue exists. Does the Minister agree?
My Lords, the Metropolitan Police service has worked hard to improve relationships with communities and increase the representation of black, Asian and minority ethnic officers and staff. But I am not going to deny that individual cases of racism do not still exist, because they do. There is far more for forces to do to address the disparities in their workforce and in community relations.
(4 years, 4 months ago)
Lords ChamberI share my noble friend’s anxiety that people who could make money from Windrush might be trying to get involved and get a cut of what might be someone’s award. We have engaged Citizens Advice to help people. We have gone very far in trying to ensure that people do not need to spend money on legal advice; they can get free advice from the NACAB, which I think my noble friend will agree is a very trusted adviser.
I congratulate the Government on finally publishing this report and picking up—and hopefully implementing —all of its recommendations. Which report or review, and its recommendations, will the Government next pick up? Racism is still a problem in society. I might suggest David Lammy’s report.
(4 years, 5 months ago)
Lords ChamberMy Lords, one of the points made in the Commons yesterday was that deeds and actions will speak to issues like this the most loudly. A royal commission is one idea, but I think that across every stratum of society—from our democracy in local and national government to the institutions that serve government to the private and public sectors in our country—it is the collective effort that will make the real difference.
I have to confess that I am deeply dissatisfied with some of the answers we are getting today. It is no surprise that there is systemic racism in the police; it has been going on for decades and decades—the report into the Stephen Lawrence case made recommendations back in 1999. I am afraid that the noble Baroness did not answer the question put to her by the noble Lord, Lord Foulkes, because the people of Bristol have in fact tried to get rid of that statue many times, and democracy failed in that case. Will the noble Baroness please answer the question put by the noble Baroness, Lady Kennedy of Cradley: what are the Government going to do? The Minister has said that the Government are going to work across the piece, but what does that mean?
My Lords, I should say to the noble Baroness, who is also my noble friend, that if democracy failed in Bristol, democracy is failing in Bristol and it is up to the people of Bristol to vote in a more effective democracy. I do not think that there is one single answer to some of the systemic issues in what we have seen. We have to work across government and all the strata of society in order to make that cultural change.
(4 years, 6 months ago)
Lords ChamberMy Lords, the UK is facing its biggest crisis since the Second World War. We have taken unprecedented steps to curtail people’s freedom in order to protect the NHS and to save lives. We have worked with the police to issue guidance on the new powers and to ensure that they are used proportionately and consistently. I am confident that the police have applied these measures properly and have risen to this challenge.
I thank the noble Baroness for her Answer to my Question. I am sure that she is aware that the guidance has been extremely confusing: it has confused the public, the police and prosecutors. The Crown Prosecution Service has now said that it will review all the prosecutions, including those of the people who pleaded guilty. Does the Minister agree that there is a mess somewhere to clear up?
It is right that the CPS reviews what are new powers to protect the NHS and to save lives. However, it is also crucial that we learn from any mistakes. Therefore, the CPS is reviewing cases charged under both the Coronavirus Act and public health regulations to make sure that the powers are being applied correctly. As I say, these are exceptional powers and the CPS is continually reviewing all the charges brought.
(4 years, 7 months ago)
Lords ChamberMy Lords, as I said earlier, I think these issues are multifactorial. One thing that the noble Lord, Lord Hogan-Howe, would say if he were here is that it is driven by the drugs market, but the drugs market is not the only factor. It is also fair to say that at some point demands on the police, and crime, became more complex, and therefore it was the right decision to take to promote the move towards having more police officers on our streets to fight crime.
My Lords, sometimes in the past the police have caught a young criminal, a young gang member who has been involved in criminal activity, and, instead of charging or even rehabilitating them, they have actually turned them around and sent them back into the gang as a child police spy. Is that still happening? If it is, how many children are involved?
The noble Baroness will know from previous answers I have given that the number is estimated to be fewer than 10; she will recall the report that looked into that. It is something that is used only very sparingly, and its ultimate aim is to drive down crime and bring to justice those people who are exploiting children.
(4 years, 7 months ago)
Lords ChamberAs the noble Lord will know, we engage with both the ICO and the Surveillance Camera Commissioner. I totally get his point about the term of office being up in June and I know that we will have further discussions about how best to deploy the governance of this very exciting but potentially risky technology.
My Lords, I would be delighted to stand for that job if there is an opening. Peers have heard that the Met is not only looking for serious criminals with this technology but also mixing up vulnerable people who are being looked for. Can the Minister convince me that that is not true?
Missing people deemed vulnerable—a risk either to themselves or to other people—may well be the subject of LFR deployment for their own safety.
(4 years, 8 months ago)
Lords ChamberMy Lords, this seems the most bizarre decision. Perhaps the Minister can tell me whether it is that the Prime Minister’s hard-right colleagues in the Cabinet do not like anything with the word “Euro” in it.
(4 years, 9 months ago)
Lords ChamberI am clarifying why that is not the case but if I am not clear, I will write in further detail to noble Lords before Committee. I am aware that time is pressing and I have a few more points to cover.
The noble and learned Baroness, Lady Clark, mentioned the lack of judicial scrutiny. That will come after the 24-hour period through the courts.
The noble Lord, Lord Anderson, talked about abuse of Interpol channels. International organisations such as Interpol are critical to our vision of a global Britain and international law enforcement co-operation beyond the EU. Interpol provides a secure channel through which we exchange information on a police-to-police basis for action. The UK continues to work with Interpol to ensure that its rules are robust. The former chief constable of Essex was recently made the executive director of policing services for Interpol—the most senior operational role in that organisation. Also, a UK Government lawyer was seconded to the Interpol legal service to work with it to ensure that Interpol rules are properly robust and adhered to by Interpol member states. I know the issue to which the noble Lord refers, but I hope that this gives him some comfort.
My question is crucial to my understanding of the Bill. If it not a replacement for the European arrest warrant, can the Minister confirm that the Government will not add the list of EU countries to the list we have already?
I said that it is not a replacement for the EAW, but of course the Government can make that request of Parliament. I was going to come to that point a bit later; in fact, no, I think I answered it. The Government can request Parliament, through the affirmative procedure, to add countries.
(4 years, 9 months ago)
Lords ChamberThat is a very constructive suggestion. I am happy to arrange a briefing on this technology for any noble Lords who wish to have one.
My Lords, I declare an interest, as I have issued judicial review proceedings against the Home Office and the Metropolitan Police regarding the use of facial recognition technology, about which I have a huge number of concerns. I would have thought that the Minister would herself be concerned about its inaccuracy. I do not recognise the figures cited. I have a host of other trials, which the police undertook, where it failed abysmally. It just does not work and is surely a waste of police time. For example, at a Welsh rugby match, there were 10 alerts on the system for a wanted woman; none was accurate. This is an utter waste of police time until the manufacturer gets the systems right.
The noble Baroness will understand if I do not discuss her ongoing JR against the Home Office. I do not know where the noble Baroness got her accuracy figures from. On the point about bias, the Met’s original trials found no statistically significant differences in identifying different demo- graphics, and Cardiff University’s independent review of South Wales Police’s trials found no overt discrimination effects. I repeat the figures I gave earlier: there is a one in 4,500 chance of triggering a false alert and over an 80% chance of a correct one, but I would be interested to see where the noble Baroness got her figures.
(4 years, 10 months ago)
Lords ChamberMy noble friend is right. The public order issues around these protests were significant, particularly to the people of London, Bristol and elsewhere. As he said, they caused great disruption to people’s lives.
The right to protest is inherent in our British constitution, such as it is, and this sort of error by the police—it is great that they have acknowledged it—should not happen. Does the Minister think that younger people who have put themselves out on the streets to protest may have less trust in the police than ever now?
I do not think so, but the noble Baroness is right that the right to protest is enshrined in our values in this country. Nobody, I think, is disputing people’s right to protest, but a line is crossed in terms of protests and public order offences when that right to protest infringes on people’s everyday lives.