(2 years, 2 months ago)
Lords ChamberMy Lords, I declare an interest as a practising barrister. Yesterday, in rejecting an application to stop the flight to Rwanda, the President of the Supreme Court, the noble and learned Lord, Lord Reed, said:
“In bringing that application, the appellant’s lawyers were performing their proper function of ensuring that their clients are not subjected to unlawful treatment at the hands of the Government.”
Do the Government agree with that? Will the Minister deprecate the criticisms of barristers and solicitors who have acted for asylum claimants in these proceedings, wherever they have come from?
The noble Lord knows I am on quite delicate territory, because legal proceedings are ongoing. I repeat the earlier words of my right honourable friend the Home Secretary, who described our legal system as
“the best in the world.”
(2 years, 5 months ago)
Lords ChamberI am afraid that I must disappoint my noble friend by telling him that we do not have any plans to commission a review of either the conduct of the investigation into the allegations made against Sir Edward Heath or the findings of that investigation.
My Lords, the Minister has emphasised that there is an ongoing inquiry into the conduct of Mr Veale. Does she accept that, in many areas of public and private life, persons against whom serious allegations are made are suspended from their office, employment or other contributions to public life while an investigation is conducted? Why is that not happening here?
I understand that, having been appointed as the Cleveland chief constable in March 2018, Mr Veale resigned in January 2019 following the allegations that he had behaved inappropriately and acted in a discriminatory manner.
(2 years, 8 months ago)
Lords ChamberI thank the noble Baroness for answering my earlier question. As I understood her answer, it was that there can be no reasonable excuse for causing significant damage or significant disruption. I point out to her that the defence under new subsection (6) is that the defendant would have a defence if they have
“a reasonable excuse for … failing to comply as soon as reasonably practicable with the request”
to leave. It has nothing to do with whether they have caused disruption, distress or damage; they have an absolute defence if there is a reasonable excuse for not leaving the land when asked to do so. That is why I put to her that, surely, it could be a reasonable excuse that there is nowhere else they can go. Would she like to reflect on that?
As the noble Lord probably knows, that will be a determination for the courts to make.
I am simply anxious that the matter is not left on the basis that the Minister put it, because I respectfully suggest that that is not right.
Perhaps we could discuss this further if that is amenable to the noble Lord, but I accept his point that it is not right to just leave it like that. In determining what is a reasonable excuse, it would be for the police and the courts to determine whether the excuse was reasonable.
(2 years, 10 months ago)
Lords ChamberI thank the noble Baroness for that question and for the conversation that we had the other day on this matter. On whether the inquiry could be on a statutory footing, one change since February 2020, when we amended the law, is that police officers are now under a duty to co-operate as witnesses with investigations, inquiries and formal proceedings under the revised standards of professional behaviour. They are guilty of a disciplinary offence if they fail to do so. On the fundamental question, should we assess it necessary, the inquiry can be converted into a statutory inquiry where witnesses can be compelled to give evidence.
My Lords, does the Minister agree that a practical measure which would enhance the confidence that women have in the police force would be for any officer against whom a credible complaint of sexual misconduct is made to be immediately suspended, and that it is not good enough for this matter to be left, as it currently is, to the discretion of chief constables?
Officers can be and are suspended for allegations of misconduct. Every case is different, so it is left to the discretion of police chiefs to decide on a case-by-case basis. I would not want to make a blanket determination because there may be spurious allegations. It would be up to the police chief in question to determine whether a suspension was relevant or appropriate.
(3 years, 1 month ago)
Lords ChamberI totally agree with my noble friend in praising the police for the exemplary job they do, and I will take his point back.
My Lords, people who attended the match told me that the chaos, the threats and the violence caused by thousands of drunken and ticketless fans outside the stadium, many of whom forced their way inside, made this a frightening experience. That was especially because there were very few police officers to be seen. I do not understand how the Minister can say that the police did a good job on this occasion. It is surely all very well for the Minister to say that lessons need to be learned, but I suggest to her that the lesson that should be learned is that someone in the police service should take responsibility for all this and should resign.
My Lords, as regards the chaos outside, the noble Lord is absolutely right. In fact, I understand that many of the people who did not have tickets had no intention of watching the match; they came to cause trouble. On the numbers of police, I understand that almost 2,000 officers were deployed to Wembley on Sunday. To put that in context, it is the size of an average police force.
(3 years, 12 months ago)
Lords ChamberMy 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.
My Lords, I am grateful to the Minister for her careful response to Amendment 3. It was very thoughtful—not a response off the top of her head. I am also grateful for the offer of a meeting, which I will happily take up.
The Minister gave an example of a provision in the regulations that she said was inconsistent with the immigration Acts. I accept that there may well be many such provisions. My point is very simple: spell them out in Schedule 1. Do not use this vague language of drafting which means that people cannot identify what their rights and obligations are. My amendment is not designed to keep or remove any particular right; it is simply designed to require the Government to instruct the parliamentary draftsman to produce a provision that implies basic standards of legal certainty. I hope the Minister has noted the substantial concern around the House at this lack of certainty in the drafting of Schedule 1. It is simply not good enough and it needs to be addressed. I look forward to discussing this with the Minister prior to Report.
I totally understand the point that the noble Lord makes about certainty. In addressing this, I should like to meet him, because I totally get what he is saying. He is not being difficult; he is just asking that we lay out the law and provide certainty.
(4 years, 7 months ago)
Lords ChamberAs I have just explained, the Government would not usually instigate an inquiry in this sort of situation. It would be up to the police to do so, should that be appropriate.
The Minister has said several times that lessons have been learned. What are those lessons and how have they been implemented?
I said at the beginning that HMICFRS was undertaking an inspection to see whether lessons had been learned from Operation Midland. That report is due out at the end of March.