(5 years, 5 months ago)
Lords ChamberMy Lords, given that Prevent is a safeguarding measure for young people—usually—who are vulnerable, “tip-offs” is not necessarily the correct term in this context. If authorities are in any way warned that somebody is vulnerable, they will take action to ensure that that person is protected. We have seen over the last two years that sometimes—in fact, oft-times—Muslim communities have been the biggest victims of terrorism and suffer the worst aftermath of its effects.
My Lords, I declare an interest, having been involved in the original conversations that started the concept of Prevent. Will the Minister make sure that those conducting this review—nothing should get in its way—recognise that, when the British came up with the idea of a system to engage with communities so that they could protect themselves, there was nothing like it in the world? There still is not. Law-enforcement communities across the world regard Prevent as the gold standard for working with communities to protect them against terrorism. I ask the Minister to make sure that that view is represented in the review.
The noble Lord is absolutely right, and I look forward to hearing his views when the review comes. If we look back at the start of the process—I am talking way back—integration and counterterrorism were sometimes muddled. I think that is what started some of the accusations that came with Prevent, but he is right: we are looked upon across the world as a model for this sort of intervention.
(5 years, 9 months ago)
Lords ChamberI support the words of the noble Lord, Lord Anderson. As long as these powers are restricted to the extreme circumstances of national security and are not a passport to a widening of stop and search without justification, I think this is about hanging a notice around the UK—particularly, as he said, in relation to clean skins and travelling companions—saying that this is a hostile place for people with deeply malign intent.
My Lords, I thank noble Lords who have raised a number of important issues relating to the ports and border powers under Schedule 3 to the Bill and Schedule 7 to the Terrorism Act 2000. While it is incumbent on the Government of the day to keep the people of this country safe and respond to a range of evolving threats—as the noble Lord, Lord Blair, says, that is what it is all about—it is also critical that we are mindful of the wider impact that these measures can have if exercised arbitrarily or without due care.
As noble Lords will be aware, the powers under Schedule 3 have been introduced to address a gap in our capability to tackle the threat posed by hostile state actors. As with the equivalent powers under Schedule 7 for counterterrorism purposes, they will provide the police with the tools that they need to counter the threat from hostile states. I have listened carefully to the points made at Second Reading and today about the powers and the concerns about how they might be used. The Government share the view that the arbitrary use of any police power is objectionable, as the noble Lord, Lord Rosser, says, which is why they will be subject to a number of checks and balances.
Amendment 64 would ensure that an examining officer may exercise examination and detention powers under Schedule 3 only where he or she has reasonable grounds to suspect that a person is or has been engaged in hostile activity. Amendments 42 and 46 would make similar changes to Schedule 7. Noble Lords may recall that in relation to the powers under Schedule 7 the Government have consistently rejected the introduction of such a threshold. We share the view of our operational partners that to amend the legislation in this way would fundamentally undermine the utility of capabilities that the police rely on to keep the public safe.
There are three key reasons for that and they apply to Schedule 3 in equal measure. First, we would risk disclosing to hostile actors the extent of our intelligence coverage and capabilities, as the noble Lord, Lord Anderson, pointed out. These powers are and will be used to examine individuals who have been identified by operational partners as working with or for terrorists or hostile actors, which could also include foreign intelligence operatives or agents of a foreign intelligence service. Any person examined under a power subject to a suspicion threshold could infer that they were of active interest to the police and intelligence agencies and the tradecraft behind that intelligence coverage. Port officers may also be required to explain to these individuals the reasons for stopping them. In such an event, it is likely that terrorists or hostile actors would use this information to reverse-engineer our methods, bypass future security checks and increase their reliance on clean skins, as the noble Lord, Lord Anderson, pointed out.
Secondly, requiring grounds for suspicion would in effect remove a key tool to identify and disrupt previously unknown terrorists or hostile actors. In giving evidence to the Commons Public Bill Committee, Assistant Commissioner Neil Basu explained that the police are often in possession of intelligence that is “fragmented” or “incomplete” and is not always focused on a specific individual. Such intelligence may instead point to trends or patterns of travel, or an active threat linked to a particular destination and timeframe. The introduction of a suspicion threshold would limit the availability of these powers to known individuals, or those who have demonstrated suspicious behaviour at a port. It would prevent port officers from selecting individuals for examination who are potentially exploiting travel routes that have been uncovered by intelligence or are heading to a specific destination within an identified threat window.
(5 years, 10 months ago)
Lords ChamberI have to apologise to the noble Lord because, although I read the Sunday Times, I did not read that particular article. But nobody can be in any doubt about the commitment of this Government commitment to tackling this type of abuse, and in particular that of my right honourable friend the Home Secretary. Child sexual abuse has been declared a national threat and the Government are investing millions of pounds to enable officers to actively seek out and bring these types of offenders to justice. Last February, the Government published our tackling child sexual exploitation progress report and we have announced a £40 million package of measures to protect children and young people from sexual abuse, exploitation and trafficking, and to crack down on offenders. This has included £7.5 million for a new, ground-breaking centre of expertise that will identify, generate and share high-quality evidence of what works in preventing and tackling child sexual abuse and exploitation. We have put a significant increase in resources into the NCA, leading to a near doubling of the CEOP command’s investigative capability, and an additional £20 million has been committed up to 2020 to maintain this. There is a further £20 million of transformation funds going into the regional organised crime units, which do a superb job in bringing to justice perpetrators who target children online.
My Lords, this Question from the noble and learned Lord, Lord Morris, is actually just a provincial equivalent of the discussion we had on the first Oral Question. The simple fact is that the Minister is explaining small penny-packets of money that are being put into a particular problem. My successor but two as commissioner, Cressida Dick, has 20% less money than I had when I left 10 years ago. Will the Minister accept that it is simply impossible for the police service to go on with 20% less money without something giving? Something is already starting to give and the Government must take action.
I think I have made it clear, in response to both this and the earlier Question, that there are certain types of crime patterns, such as knife and gang crime in London, which are worrying and into which the Government have sought to put specific types of funding, but also that this type of child sexual abuse and exploitation requires a dedicated approach to a specific problem. But I do not resile from the fact—and my right honourable friend the Home Secretary recognises this, as does the Policing Minister—that considering all the things that the police have to do and the strain they are under, they have significant burdens on them. Both my right honourable friend the Home Secretary and the Policing Minister are very aware of this as we go into next year.
(6 years, 1 month ago)
Lords ChamberMy Lords, perhaps I may return to an issue that I raised during the recent debate on PCCs initiated by the noble Lord, Lord Armstrong, and turn the issue into a direct question to the Minister. Can she explain to the House why the Home Secretary or his predecessor have not asked Her Majesty’s Chief Inspector of Constabulary to send one of Her Majesty’s inspectors to Wiltshire to examine and report back on Operation Conifer? HMIC is funded by the Home Office, so this is essential to the Question asked by the noble Lord, Lord Lexden. As I made clear in the previous debate, such investigations are part of the historic mission of HMIC, which will be much diminished if such action is no longer part of its remit. If the noble Baroness does not know the answer, will she write to me and place a copy in the Library of the House?
My Lords, I thought I did know the answer and that I had reiterated it on several occasions. On the question of why not HMICFRS, the Secretary of State can at any time, under Section 54(2B) of the Police Act 1996, require HMICFRS to undertake an inspection on a specific police force or forces, which can be limited to particular matters or activities or a particular part of the force that he or she is concerned about. This power enables the Home Secretary to commission urgent inspection activities, and such inspection reports must be published. The Secretary of State also has powers under Section 54(3) of the 1996 Act to direct HMICFRS to carry out,
“other duties for the purpose of furthering police efficiency and effectiveness”.
(6 years, 6 months ago)
Lords ChamberMy Lords, I repeat the assertion that I made earlier: the police are operationally independent of government. On this matter it would be for the PCC, perhaps in conjunction with the chief constable, to commission an inquiry.
My Lords, did the PCC reply to the Minister’s letter, and what was the reply?
I know that the PCC has been in correspondence with other noble Lords. I am reluctant to talk about individual correspondence at the Dispatch Box. I am sure the noble Lord will understand why that is, but I think he will also understand why this Question has come up again today.
(6 years, 6 months ago)
Lords ChamberBefore the Minister steps up, I would like to echo the comments of the noble Lords, Lord Kennedy and Lord Paddick, about the 28-day rule. Would the Minister be prepared to agree that the Home Office or the inspectorate should examine in a year’s time, after the enactment of all this, as to whether this limit works? Intuitively, it does not; intuitively, certainly when we look at the stuff that we have heard recently about rape cases collapsing because the material had not been looked at, 28 days is almost an impossibility in a serious case, if there was only one case. We know that rape investigators in London are carrying 25 cases simultaneously, which means that they have to deal with all this in one day, effectively. There is something very honourable in the attempt to keep people off police bail, but, intuitively, this may go absolutely wrong. I would like the Minister to agree to seek agreement from the Home Office or HMIC that this matter be reported back to this House in 12 months’ time as to the effects of this well-meant provision.
My Lords, I thank noble Lords for their contributions to this debate, and wish the noble Lord, Lord Paddick, well. I hope that he does not spend the whole of the Recess in his sick-bed.
I am grateful for the support for the draft regulations, although it is fair to say that some of the debate has touched not on the provisions but on some of the substantive reforms made by the Policing and Crime Act. I welcome the fact that the noble Lord, Lord Kennedy, has reiterated the Opposition’s support for the establishment of the London Fire Commissioner. The current governance arrangements in London can lead to confusion, with the mayor being accountable for setting the annual budget but decisions relating to fire and rescue provision being determined by the London Fire and Emergency Planning Authority. Previously, this has led to a breakdown in decision-making, with the previous mayor having to repeatedly use his direction-making powers to resolve conflicts, which is time consuming and costly. That was clarified by the noble Lord’s comments. The changes in the 2017 Act will strengthen democratic accountability by giving the directly elected mayor greater responsibility for fire and, crucially, streamlining decision-making to assist in making future demands on fire and rescue services in London.
The mayor, both now and in the future, should be able to appoint the best available candidate to the office of London Fire Commissioner. The changes made in the draft regulations to firefighters’ pension arrangements will ensure that this is the case. Indeed, failure to make the changes provided for in the draft regulations is likely significantly to reduce the pool of suitably qualified candidates for the post in the future.
(6 years, 7 months ago)
Lords ChamberUntil someone is charged, they cannot be accused, only questioned, in my limited knowledge of the law. The noble Lord, Lord Pannick, made an eloquent argument that in some cases anonymity might prevent questioning and interviews from taking place and may be to the benefit of someone who may be guilty.
My Lords, it would be fair to say that this is a pretty knife-edge issue. There are circumstances in which it is appropriate to name a suspect. That is usually when the person is incredibly powerful. The naming of deceased people is a different issue, but I will give your Lordships two examples of live suspects and ask the Minister whether she agrees. The first is at home: Stuart Hall. If there had not been an announcement that he had been arrested, the chances of a number of other victims coming forward would have been very limited. He is now in prison for a long time. The other one, which is quite topical, is Harvey Weinstein.
(6 years, 9 months ago)
Lords ChamberI recall the words of the former Prime Minister about “too many tweets”. I shall not repeat what he said but, yes, we must all be careful about what we tweet and the effect that it can have on the wider community. We should tweet with care.
What consideration is being given by the Home Office to the proscription of this organisation?
(6 years, 10 months ago)
Lords ChamberI thank the noble Lord for his points about openness and honesty with the public. Quite often, the heartache of bereaved families is made worse by a feeling that perhaps people have not been open and honest with them. A theme runs through the Government’s response—and, indeed, through Dame Elish’s report itself—which talks about transparency in the whole process. Therefore I totally agree, as do the Government, with the noble Lord’s point.
The noble Lord also talked about police services as the agency of last resort. If I learned anything in local government, it was about the multiagency approach of services working together. Whether in the custody arena or in child protection, when agencies work together and place people appropriately, that starts to end this system of people literally being dumped in the first place that people think of. That particularly applies to people with mental health problems, which is why I was so keen all those years ago to see places of safety established, and I am very pleased now to see that wherever possible, no child or adult with a mental health problem will be placed in police custody.
First, this is a welcome report. Secondly, however, I wonder whether the Minister will agree with me that the weakest part of its recommendations is about the largest number of deaths, which is the rising number of deaths after people are released from police custody. The numbers are between 60 and 70 a year for the last three years of people committing suicide at the end of police custody. A lot of this will of course be based on more people being arrested for offences involving child indecency. The report notes rather drily that this is a “holistic” issue and not just a matter for the police. That is absolutely right, but there are no proper recommendations about what will be done about that level of deaths, which far exceeds any of the other statistics in the report.
The noble Lord makes a fair point about people who die post-police custody, which can occur because of a number of different factors. If there is a death after custody, that will still be looked into. I will have to write to him about the specifics.
(6 years, 10 months ago)
Lords ChamberMy Lords, first, there has been an overall fall in total crime. PCC funding, which the noble Lord mentioned, is now over £11 billion—up £150 million from 2015-16. Total police funding, excluding counterterrorism funding, is up to £8.5 billion from £8.4 billion. Therefore, as I said in my first Answer, resourcing has remained flat. Of course, if the police maximise the precept, most police forces will have a slight increase in funding.
My Lords, does the Minister think that it is a sensible policy to agree and announce an increase in police pay per officer but to have no increase in the overall budget? That does not seem to me to provide a sustainable funding programme.
My Lords, for the past couple of years, I have listened to calls for increases in police pay, particularly in light of the attacks in Westminster and across the country and the pressures on police staff. The increase in police pay is counterbalanced by the huge amount of reserves that the police hold—some £1.7 billion at the moment. The police do have a decision to make about where they deploy their resources and how they use reserves.
(6 years, 10 months ago)
Lords ChamberMy Lords, I remind the House of the shoot-to-kill investigation in Northern Ireland. At that time, I was working for the Chief Inspector of Constabulary. It was quite clear that the chief inspector was the person who could actually intervene in this matter and we could start there. Whether it is a judicial inquiry that follows, the Chief Inspector of Constabulary is the person to whom a Government should look for an inquiry to begin into whether this has been done properly. The example of Operation Midland, investigated by Lord Justice Henriques, has been incredibly helpful to the police, and there is no reason why, if the Chief Inspector of Constabulary is convinced that something should be done, it should not be done.
My Lords, far be it from me in any way to contradict the noble Lord, but I understand that the PCCs are locally elected and democratically accountable. It is their role to hold the local police and the chief constables to account. Any inquiry or review of the police investigation would be a matter for the PCC and the chief constable.
(7 years, 1 month ago)
Lords ChamberI have to pay tribute to the noble Lord’s tenacity on this point. He is absolutely right to observe that, as we leave the EU, we are entering new territory. We said in the EU citizens policy paper that all EU citizens and their families in the UK, regardless of when they arrived, will, on our exit from the EU, need to obtain an immigration status in EU law. They will need to apply to the Home Office for permission to stay, which will be evidenced through a residence document. The form it will take may be digital in the longer term, but when introduced it might be similar in format to the current biometric residence permit.
My Lords, does the Minister remember the murder of Detective Constable Stephen Oake in Manchester by a man with the name, apparently, of Kamel Bourgass, who was also convicted of the ricin plot in 2003? Does she further recall that one of the things we know about Kamel Bourgass is that that is not his real name and we have no idea of his identity? The same is true of one of the people convicted of the attempted bombings on 21 July 2007. Why we are resisting something that, given the terrorist situation we are currently in, must be an advantage to the country?
I hope that the noble Lord will agree that while many European countries have identity cards, there is no evidence that they offer any greater protection than we have in this country. I think he will also appreciate that better security, better use of intelligence and better cybersecurity are very efficient uses of resource in looking at this problem.
(7 years, 2 months ago)
Lords ChamberMy Lords, I beg leave to ask the Question standing in my name on the Order Paper and draw attention to my registered interests in matters of policing.
My Lords, as the Prime Minister said, the police responded to the terrible attack with great courage and great speed. We owe them a debt of gratitude. Given the complexity of modern policing, it is important to continue to attract the brightest and most able police leaders. We believe that the best way to achieve this is to recruit from a wide talent pool in line with strict national standards set by the profession itself.
I thank the Minister for that Answer, but it is not quite sufficient. For the avoidance of doubt, I am talking about future police leaders, and this has nothing to do with recent events concerning Hillsborough. Some months ago, the Minister invited the noble Lords, Lord Dear and Lord Condon, and me to discuss with her and the Policing Minister concerns that not enough candidates were coming forward for top jobs in the police. We made a series of recommendations to the noble Baroness and the Police Minister, including restoring the central role of the inspectorate in selection. Those suggestions do not appear to have been progressed, so my question to the Minister is simply this: what is it about the police service which is so unique that it justifies a consultation on whether and how to appoint people to leadership positions who have no professional experience in the police, when all other professions regard it as axiomatic that prior professional experience is a prerequisite for senior leadership?
My Lords, ahead of the election, we consulted police leaders on direct entry to chief constable rank, and the proposal on direct entry to the broader chief officer ranks featured in the Conservative manifesto. I found the meeting that I had with the noble Lords extremely useful. One thing that we all agreed on was the importance of leadership, with the skills and training required for senior police officers. Current legislation already allows direct entry at the ranks of assistant and deputy chief constable and of commander to deputy commissioner of the Met Police if a person has completed the police national assessment centre and the strategic command course. It is essential that people have not only the leadership but the skills going in.