Crime and Policing Bill

Lord Hanson of Flint Excerpts
Moved by
465: Clause 192, page 224, leave out lines 1 and 2
Member’s explanatory statement
This amendment is consequential on my amendment to clause 192, page 223, line 27.
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Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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My Lords, I thank the noble Baroness, Lady Brinton, for tabling this clause stand part notice. I would like to add my reservations about this clause.

First, I am concerned that this clause has not received sufficient scrutiny and consideration by Parliament. It was added on Report in the other place on 17 June last year. The Minister moving the new clause dedicated only 255 words to explain its effect and it was not mentioned by a single other Member. It has not received adequate attention. For that reason, I am pleased that the noble Baroness, Lady Brinton, has tabled this amendment to allow us to press the Government on the measures they are proposing.

The second point is the potential impact this clause could have on the right to a fair trial for British citizens. Under Section 20 of the Extradition Act 2003, where a person has been convicted in another country, the judge at the extradition hearing must first decide whether the person has been convicted in their absence and then decide whether the person deliberately absented themselves from the trial. If the judge is satisfied that the person was convicted in absentia and did not deliberately absent themselves from the trial, the judge must determine whether the person would be entitled to a retrial or to a review that amounts to a retrial in the territory to which the person would be extradited. If the judge does not believe that the person would be entitled to a retrial if extradited, the judge must discharge the prospect of extradition.

The Supreme Court in the recent cases of Bertino and Merticariu distinguished between the right to a retrial and the right to apply for a retrial. The court has held that a person’s entitlement to a retrial does not simply mean the person “might” be entitled to a retrial but that they “must” be entitled. This means that a conditional entitlement to a retrial that is dependent upon the finding of the court in the requesting country is insufficient for extradition to proceed. This places a decision on whether a fair trial can be had firmly in the hands of British judges. That is surely right. It is plainly preferable for the determination of the ability for a retrial to take place to be undertaken by a British judge, as opposed to merely relying on the decision of a foreign court.

However, in Clause 195, the Government are seeking to overturn this ruling, thereby removing a key safeguard against unfair extradition. If this clause is brought into force, the judge in Britain would have to order a person’s extradition on the simple assertion by the requesting country that the person could be permitted to stand trial in person, regardless of whether that is actually true or not.

Let us imagine a person who was tried in absentia and was not aware of their conviction in another country. If they were extradited and not permitted a retrial, they would not have been able to stand up in court and defend themselves against the charges they had been accused of. That is surely a recipe for serious injustice. In short, I am concerned that this clause will lead to more British citizens being extradited on the whim of a foreign judge and not afforded the right to a fair trial. For this reason, I very much support the proposition from the noble Baroness, Lady Brinton, that the clause should not stand part.

Lord Hanson of Flint Portrait The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
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My Lords, I begin by saying how sorry I am that it is the noble Baroness, Lady Brinton, moving her proposition and not Lord Wallace of Tankerness, who we will greatly miss. As we all know, he was a staunch advocate for the people of Orkney and Shetland. I served nine years with him in Parliament, as we crossed over during that time, and found him to be an exemplary public servant as Deputy First Minister for Scotland and as a Member of Parliament. I had less contact with him in your Lordships’ House and I am genuinely sorry that I cannot have contact with him today. I pass my condolences to his family. I am also grateful to the noble Baroness Lady Brinton for taking up the cudgels on this specialist subject and doing it in a way that is professional. I promise that I will try to answer the questions and follow up on the points she has raised.

I am also grateful to the noble Baroness for reminding me of the constituency case of Paul Wright in Mold, which I dealt with in a former life as Paul Wright’s Member of Parliament, following the extradition case with Greece. I will have to google it to refresh all the details in my memory, but it was an important constituency case for me to take up as a Member of Parliament at that time. I am sorry that the noble Lord, Lord Davies of Gower, feels that this did not receive sufficient scrutiny, but I take his point, and I hope I can answer his points today.

Clause 195 standing part of the Bill means that, under the Extradition Act 2003, the UK may extradite individuals either to face trial or serve a sentence. Where a conviction occurred in absentia and the UK court finds the person did not deliberately absent themselves, the judge must determine whether they will be entitled to a retrial in the requesting state. This clause will amend Sections 20 and 85 of the 2003 Act to restore the original policy intention that the individual must have a right to apply for a retrial, not a guaranteed retrial, for extradition to proceed. The amendment is required, as the noble Baroness mentioned, following the Supreme Court’s judgment in Merticariu v Romania, which interpreted the current drafting of the 2003 Act as requiring a guaranteed retrial—something some states cannot offer. Without this fix, certain legitimate extradition requests could be blocked, undermining justice for victims.

I know the noble Baroness, Lady Brinton, mentioned this, but the amendment itself does not change any existing safeguards or processes governing extradition. The full suite of safeguards in the 2003 Act, including judicial oversight and human rights protections, remains unchanged. This includes the UK court’s powers to consider and determine whether someone deliberately absented themselves. I hope that gives her some reassurance.

The small government Amendment 537 makes minor drafting changes. It simply provides that Clause 195 will be commenced by regulations, as opposed to automatically coming into force on Royal Assent, as was originally planned.

I have heard what the noble Lord, Lord Davies of Gower, has said and I have heard the complex case that the noble Baroness, Lady Brinton, has mentioned. The noble Baroness, Lady Brinton, asked whether she could have a meeting with appropriate supporters to discuss this and I would be happy to do so. For the purposes of confirming that, I would be grateful if she could email me the details of who she wishes to attend that meeting. It is entirely up to the noble Baroness, Lady Brinton, but I would be happy if the noble Lord, Lord Davies, wishes to attend—or I could offer him a separate meeting if he wants to have further discussions or representations. If that can be discussed outside Committee, I would be happy to do that.

In the meantime, I hope the reassurances I have given are sufficient for the moment. I would be happy if the noble Baroness would withdraw her opposition to the clause standing part, pending any discussion, which I will ensure takes place if possible—subject to our diaries—before Report, as appropriate. If not, we can still have the discussion, so that we can at least reflect on the points that have been made today.

Baroness Brinton Portrait Baroness Brinton (LD)
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My Lords, I am very grateful to the noble Lord, Lord Davies of Gower, for speaking in support of the clause not standing part, particularly for speaking about the very short time that it had for debate in the Commons, which obviously did not have the chance to go through some of the detail that DELF has provided for us in this Committee.

I also thank the Minister. He is, as ever, courteous and thoughtful. I am not sure we have closed the gap between where I believe that there are problems and where he and his officials think that this is all resolved. Therefore, I am very grateful for the offer of a meeting. I would be delighted if the noble Lord, Lord Davies, wanted to join us. I will indeed email him names, but in the meantime I withdraw my opposition to the clause standing part.

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Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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I am not entirely sure that I know all the facts of that case, so I am probably not qualified to answer that question. I spent my job putting people behind bars, not defending them. I am not a lawyer; I would not like to take that any further, frankly.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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My Lords, I am grateful to my noble friend Lady Chakrabarti for her amendment. The discussion today has taken me back to my time in Northern Ireland, when I had to see the product of covert intelligence. As Counter-Terrorism Minister in 2009, I had to see the product of that intelligence, so I understand the value of that. I also understand that the amendment seeks to amend the Regulation of Investigatory Powers Act 2000 by removing the legal protections for covert human intelligence sources who have been tasked by the police and a limited number of other public authority agencies, such as the intelligence services, with engaging in specific, tightly defined, pre-approved criminal conduct. Furthermore, the amendment seeks to remove protections for CHISs engaged in such authorised criminal conduct where it engages the offences of encouraging or assisting an offender under the Serious Crime Act, or seeks to discredit those who are subject to a particular investigation. I understand the motive behind what my noble friend has brought forward.

I begin by addressing the undercover police inquiry, raised by the noble Baronesses, Lady Miller of Chilthorne Domer and Lady Jones of Moulsecoomb, my noble friend Lord Hacking and the noble Baroness, Lady Brinton, from the Liberal Democrat Front Bench. I took office in July 2024, and the undercover policing inquiry had operated for nine years at that stage. It is clear that the historical allegations under consideration by the inquiry are absolutely appalling. Such behaviour should rightly be condemned. The inquiry is ongoing, and we await the findings and any recommendations, but let me assure all those who have spoken that I am now responsible in the Home Office for managing inquiries, and I wish to see recommendations as soon as possible, for the very reasons noble Lords and Baronesses have mentioned today.

The current landscape around undercover operatives is much changed, and since 2013 enhanced safeguards have been put in place, but the Government want to see the lessons of that inquiry and consider them as soon as possible.

Noble Lords may recall the Covert Human Intelligence Sources (Criminal Conduct) Act 2021, which has been referred to today, and the revised CHIS code of practice of 2022, mentioned by the noble and learned Lord, Lord Thomas, which were subject to debate and approval both here and in the House of Commons. This scrutiny includes consideration of similar amendments proposed by my noble friend at the time.

I say to noble Lords generally, including my noble friend Lord Hacking, that CHIS play a crucial part in preventing, detecting and safeguarding the public from many serious crimes, including terrorism, drugs and firearms offences, and child sexual exploitation and abuse. Those who do it do so at such personal risk to themselves. I noted and welcome the support from the noble Lords, Lord Davies of Gower and Lord Jackson—I will take the support where I can get it. It needs to be properly authorised and specifically defined criminality by the state, and they do so knowing that they will not be penalised for carrying out that activity, particularly by those engaged in criminal or terrorist activity, who may otherwise pursue legal action against them.

It is important that we place on record that CHIS authorisations and criminal conduct authorisations under Part II of the Regulation of Investigatory Powers Act 2000 can be validly given only where the proposed conduct is necessary, proportionate and compliant with the Human Rights Act. Valid authorisations make activity carried out in relation to them “lawful for all purposes”, providing protection from criminal and civil liability. However—I know my noble friend knows this—should a court find that the authorisation does not satisfy these necessary requirements, or should the conduct go beyond what is permitted by the authorisation, it will not be rendered lawful.

Given the significance of these powers, it is important to note that there are independent and effective avenues of oversight and redress, and that these exist—I know that colleagues who have spoken know this, but it is worth putting on the record again—via the Investigatory Powers Tribunal for anyone who believes they have been subject to improper activity by a public authority using covert investigatory powers.

Baroness O'Loan Portrait Baroness O’Loan (CB)
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I wonder whether the Minister is aware that the Investigatory Powers Commissioner has commented on the unsatisfactory nature of the recording of CCAs in a number of cases most recently, which appears to indicate a deterioration in that area.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I am always interested in what Sir Brian Leveson, the Investigatory Powers Commissioner, says. From my perspective he provides robust oversight, which includes comments that he has made, and he and his inspectors pay particular attention to that criminal conduct authorisation. He produces annual reports—I know that they are time-lagged, for reasons that are self-evident with any annual report. In his annual report in 2024, he identified

“good levels of compliance for the authorisation and management”

of police undercover operatives and noted that the quality and content of police undercover operative criminal conduct authorisations was found to be of a “good standard”. I will always look and listen to what he says because we have a responsibility to ensure that these matters are dealt with for the product of that CHIS to help protect the public at large.

I assure my noble friend and in this context the noble Baroness, Lady O’Loan, that the CHIS cannot be authorised to entrap people—which is one of the objectives of her amendment. Any such entrapment would be in conflict with Article 6 of the ECHR—as my noble friend knows, we are committed to maintaining our obligations under the ECHR—which protects the right to a fair trial. Furthermore, I point my noble friend to the publicly available Undercover Policing: Authorised Professional Practice, which states in clear terms that an undercover operative

“must not act as an agent provocateur”.

I hope that satisfies my noble friend on that point.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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I will ask a similar question to the one I asked the noble Lord, Lord Davies of Gower. If these safeguards are so wonderful and if it is all in good order, why was this allowed to happen? The evidence of the spy cops from the early days of that inquiry was that the people overseeing the CHIS knew what was happening regarding their relationships with the women. They knew and they let it happen. That does not sound like good order.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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With due respect, the noble Baroness is raising historical issues; there have been improvements in performance management and control over time. As I said, those historical issues are appalling but are currently under investigation within the remit of the John Mitting inquiry into undercover policing. I want to see the recommendations of that inquiry as soon as possible so that we can see where there are further issues. I see that the noble Baroness wants to jump in again, which is fine. Leaping up is part of the parliamentary tennis that we play, and it is important that she has the opportunity to do so.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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It also keeps us fit. All through the inquiry, the police have blocked information from being given out. They have constantly tried to stop the truth becoming open. I can understand the Minister saying that he is waiting for the inquiry to report, but it could take another decade. In the meantime, we still have those concerns about the police. The women’s concerns were brushed away. There might have been various pathways for them to complain, but they were brushed away. Why does the Minister think it is any better today?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The noble Baroness tempts me to go into areas of the inquiry, which I will not do. The inquiry is looking at historical abuses, which we have recognised and which are appalling. In the meantime, there have been legislation and improvements by policing in the management of covert operations. I am giving the noble Baroness that assurance now that we believe there are improvements in that management but things that need to be looked at in relation to the previous operation.

The legislation that the noble Baroness is seeking to amend has also put in place a range of measures as a whole. I say to my noble friend Lady Chakrabarti that I have made clear that CHISs cannot be authorised to entrap. This amendment would impose broad and unintended constraints on intelligence gathering by CHISs where criminal conduct is a factor—for example, by preventing CHISs going along with offences that they do not instigate. I have seen the product of that type of activity by CHISs. It is extremely valuable for crime prevention and for bringing people who are committing criminal or terrorist acts to the courts.

My noble friend’s amendment would also rule out the possibility of discrediting the subject of an investigation—for example, a terrorist organisation—in cases where it is equally important to do so. My noble friend has fulfilled her duty. She is challenging the Government on these matters. Self-evidently, we are in a better place than we were many years ago. I await with interest the recommendations of the John Mitting inquiry on undercover policing and whether there are further issues for us to examine.

I want to touch on two other points. The noble and learned Lord, Lord Thomas, sort of asked for a meeting. I am always open to meeting with Peers. In my tenure in this job, I have tried to meet with anybody who has asked. But in this case, given that there is an inquiry ongoing, it would be inappropriate for me to meet with him to discuss those matters now.

Lord Thomas of Cwmgiedd Portrait Lord Thomas of Cwmgiedd (CB)
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I was talking not about the inquiry but about the level of supervision and what is happening in the reports under this Act. I entirely agree with the Minister that what happened in the inquiry has nothing to do with this regime. The inquiry is relevant only because it shows the horrendous consequences of not supervising the use of CHISs. All I was concerned to understand better was why there are problems with the reports being so slow and what problems are being encountered. You cannot put this into the public domain, but it would reassure, from the point of view of democratic accountability, if we saw what the problems were and whether there were other means—such as strengthening the code of conduct—to put it right. The peril here is the discrediting of the police five years down the line. That is what I am concerned to avoid.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I hear what the noble and learned Lord says. Those are operational matters for the police, in my view, but we can make some judgments on that. I will reflect on what he has said and what he has requested, but my initial gut reaction—and I would like to trust my gut, on several occasions—is that it would not be appropriate to do that. I will reflect on what he said. I am trying to complete my remarks, but I see that the noble Lord, Lord Jackson, wishes to speak, and I will always give way to him.

Lord Jackson of Peterborough Portrait Lord Jackson of Peterborough (Con)
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I thank the Minister for his generosity. I find myself in complete agreement with the noble and learned Lord, Lord Thomas. I found his remarks, like those of the noble Baroness, Lady O’Loan, and others, very helpful. I think I understand that he specifically ruled out our considering inquiries, but the suggestion that I—as someone who, as the noble Lord, Lord Hacking, described, was hostile and is now more agnostic—would make to the Minister is that if he could look at secondary legislation, such as regulations, in terms of the timeliness of reports for the commissioner to bring forward, that would strengthen the scrutiny and oversight of the process. I fully agree with the process, but what seems to have come out as a consensus in the debate today is that people think the scrutiny process is clunky and not timely, so everyone loses in terms of reputation. If the Minister can perhaps give an undertaking that he will at least look at the issue prior to Report, that would be helpful.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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Given what has been said, I will reflect on the comments that have been made. It is important that Sir Brian Leveson has his independence and oversight. I shall look at my gut feelings on this, but I will consider it, take advice and see where we are outside the debate today. In relation to my noble friend’s amendment, I still hope that, given what has been said today—a valuable discussion has been had—she will withdraw it.

Baroness Chakrabarti Portrait Baroness Chakrabarti (Lab)
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Again, I am grateful to all noble Lords who have spoken in what I think was an important and thoughtful debate. There is quite a lot of common ground, actually. There is common ground that we must have covert human intelligence sources. They must play a role in investigating the most serious crimes, in particular. There is further common ground that part of keeping someone’s cover in, for example, a criminal gang or a terrorist cell, must inevitably sometimes include participating in criminal activity; otherwise, those around them will spot that they do not belong. Again, that is common ground. There is also common ground that it was right to put activities that were previously completely in the shadows on a statutory footing, as happened in 2021.

The difference between some Members of the Committee and others is about whether, when someone is authorised to commit criminal offences in such a role, that authorisation should bring advance total immunity for all purposes, civil and criminal, or whether instead the authorisation should equip them with a public interest defence. That is the difference between us. It is a question of principle but also of practice as to where the balance should be struck, and which system—the one currently on the statute book or something like the one I propose—would give a better balance of safeguards for the brave and genuine public servants who do this work without abusing the trust, but also for the rights of citizens to be protected from abuse. That is the difference between us. Which mechanism provides the most proportionate approach? I do not think there is a gulf, but this is something to keep under review and keep discussing.

As I said earlier, in the report from which the Minister read selectively, Sir Brian Leveson talks about reporting being good, but even he concedes, in the same report, a lack of “specificity” on occasion, only a “general descriptor”, a “number of errors” and so on. So there are some issues that warrant serious and ongoing scrutiny.

My noble friend the Minister may regret telling the Committee that he now has special responsibility for inquiries in the Home Office—his kindness may be a liability—but I suspect that we will want to keep pressing him, not least on the progress of the inquiry on the past but, as the noble and learned Lord, Lord Thomas of Cwmgiedd, said, on the way the system is operating today. The report suggests that the system today is not operating in the way that we would ideally like. With that, for the moment at least, I beg leave to withdraw the amendment.

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Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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I would not say that I found nothing.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I am grateful to the noble Lord, Lord Alton of Liverpool, my old home city, for the way in which he has approached these amendments. I thank him for the work of the Joint Committee on Human Rights, which he chairs, and through him I pass on my thanks to my old colleague Sarah Champion, the MP for Rotherham, for the work she has done on this issue. As he knows, we had an opportunity to debate the committee’s report in Grand Committee. I was fortunate that my noble friend Lord Katz took the debate on that occasion and was able to set out the Government’s response, which the noble Lord, Lord Alton, will realise has not really changed in the intervening months since that debate. However, I am grateful to him, my noble friend Lady Kennedy of The Shaws, the noble Lords, Lord Wigley and Lord Macdonald of River Glaven, and the noble and right reverend Lord, Lord Sentamu, for their supportive comments, and I will come on to comments from other noble Lords in due course. I know the noble Baroness, Lady Ludford, is not in her place at the moment, and missed the start of the debate so was therefore not able to speak in this debate—although she tried—but if she reads Hansard tomorrow, she can make any points she was going to raise in a letter to me and we will consider those prior to Report, which I hope is a fair compromise.

Before I go on to the main bulk of the arguments, I refer to the noble Lord, Lord Wigley, and his comments on the death of Mr Ryan Evans, of Wrexham, which is close to both him and me. It is obviously a deeply sad incident and his death in Ukraine in 2024 followed a Russian strike, as the noble Lord outlined. The UK Government continue to support efforts to ensure accountability for the crimes that are committed in Ukraine. This includes supporting the independent investigation of the International Criminal Court into the situation in Ukraine, as well as providing assistance to Ukrainian domestic investigations and prosecutions of international crimes. Although I cannot give him much succour today in relation to that particular issue, I hope he will pass on the Government’s condolences to Ryan’s parents. We are obviously happy to have further representations on that matter should he wish to make them in due course.

The points made by my noble friend Lord Katz in the previous debate—and those with which I shall respond to the noble Lord, Lord Alton of Liverpool—relate to the fact that the UK applies its universal jurisdiction only to a very few specific international crimes. Our approach to universal jurisdiction is designed to ensure that those suspected of, or accused of, crimes are investigated, charged and tried fairly and impartially at every stage, with access to all available evidence. This is in accordance with local constitutional and legal frameworks. It remains the case—and I know this will disappoint those noble Lords who have spoken in support today—that we do not believe that it is necessary at this time to extend the scope of the UK’s policy on universal jurisdiction to include genocide, war crimes and crimes against humanity. It is the long-standing view of successive Governments in general that where there is no apparent link between the UK and an international crime—and this goes to the point the noble Lord, Lord Davies of Gower, made—we support the principle that such crimes are best investigated and prosecuted where they are perpetrated. That also goes to some of the points mentioned by the noble Lord, Lord Verdirame, because the advantages of securing evidence and the witnesses required for a fair investigation and a successful prosecution are part of a credible judicial process.

It should be noted that the UK already has jurisdiction over the crimes of genocide, war crimes and crimes against humanity where they are alleged to have been committed by UK nationals or residents. In some cases where the UK does not have jurisdiction, such as in Ukraine—I have just mentioned the situation in relation to Mr Ryan Evans, as alluded to by the noble Lord, Lord Wigley—we are trying to ensure that we build domestic capabilities, and we support the work of the Office of the Prosecutor General to ensure that allegations of war crimes are fully investigated by independent, effective and robust legal mechanisms.

To go back to the point made by the noble Lord, Lord Verdirame, the most serious international crimes not covered by the UK’s universal jurisdiction policy are generally already subject to the jurisdiction of the International Criminal Court, which, again, I would argue today, is better placed to prosecute such offences where they are not being dealt with by the relevant domestic authorities. The UK is a strong supporter of the ICC and its mission to end impunity. I know that we will do what we can to ensure that the crimes that have been mentioned today are dealt with by that international court, but I have to say that the debate that we had in the Moses Room, led by my noble friend Lord Katz, and the response I have given to the amendments today are the Government’s position. I accept and respect the points that have been put to the Committee today, but given the considerations that I have mentioned, I ask the noble Lord, Lord Alton, to withdraw his amendment. In saying that, I suspect we will return to these matters on Report. The Government will always reflect on what has been said in Committee, but I hope in due course the noble Lord will withdraw his amendment.

Lord Verdirame Portrait Lord Verdirame (Non-Afl)
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I apologise for interrupting, but I just wanted to make sure that I am not misunderstood. The ICC is there where it has jurisdiction, but the problem that we have is that, in some of these countries, there is no ICC jurisdiction yet. Syria is not a party to the ICC; Ukraine has become a party to the ICC but only as of 1 January 2025. Any offence in Ukraine predating that would be an issue in terms of ICC jurisdiction. That is where the gap in universal jurisdiction policy is quite relevant. I just wanted to clarify my position, which was not to say that we do not need it.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I accept that, and I thought I understood the noble Lord’s position clearly, but I am grateful for his clarification. It still adds to the general point that I have made today, and I go back to the original, overarching point that the UK applies universal jurisdiction to only a very few specific international crimes. Our approach—through long-standing support of successive Governments—is that, where there is no apparent link between the UK and an international crime, we support the principle that such crimes are best investigated and prosecuted close to where they are perpetrated. That may not be a position that satisfies the noble Lord, Lord Alton of Liverpool, or his supporters today, but it is one which I hope I have clarified. I note also—which I did not mention earlier—the support of the noble Baroness, Lady Brinton, for the general approach of the noble Lord, Lord Alton. With that, I ask him to withdraw the amendment.

Lord Alton of Liverpool Portrait Lord Alton of Liverpool (CB)
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My Lords, I thank everybody who has participated in this important debate. I was particularly grateful, of course, to the noble Baroness, Lady Kennedy of The Shaws, with her immense experience and as a colleague on the Joint Committee on Human Rights—we are beginning to miss her already, only one week after she rotated off the committee. This was a unanimous recommendation, not just in one but in two reports. We took evidence. This was not just about our inability to intervene in faraway places. We took evidence about British nationals who had been in north-east Syria and in northern Iraq and who had committed what even the Foreign and Commonwealth office has now decided was a genocide—it is willing now to use that word, which is very unusual on the part of the FCDO.

So we have the evidence. We know that 400 of the British fighters who went there came back, and not a single one has been prosecuted for the crime of genocide. Too often, there has been rank impunity. We also know that they have connections with other people who are not British citizens and who regularly travel to the United Kingdom. What this limited amendment seeks to do is not bring all those people before the British courts; it is about taking people who come into the UK with those kinds of links and bringing them to justice if the Attorney-General believes that there is a case to answer.

I thank the noble Baroness, Lady Kennedy, for reinforcing the argument, and I thank my noble friend Lord Macdonald of River Glaven, the noble Lords, Lord Verdirame and Lord Wigley, and my noble and right reverend friend Lord Sentamu. I wish we could have heard from the noble Baroness, Lady Ludford, but I suspect there will be an opportunity on Report, and I hope that omission will be put right. Nevertheless, I was grateful to hear what the noble Lord, Lord Hanson of Flint, said about being willing to hear what she has to say but on a one-to-one basis. I also thank the noble Baroness, Lady Brinton, the noble Lord, Lord Davies of Gower, and of course the Minister himself.

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Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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My Lords, I thank the noble Lord, Lord Cromwell, for moving this amendment. Economic crime is one of the most pervasive threats to public trust and business confidence in the UK. In the year ending March 2024, fraud accounted for around a third of all crime recorded by police. Industry estimates suggest that economic crime costs the UK economy tens of billions of pounds per year, according to police statistics. These staggering statistics underscore the need for effective enforcement and resourcing.

In this context, the need to seek more sustainable and predictable resourcing for economic crime enforcement is understandable. The proposal to assess the viability of an economic crime fighting fund based on reinvesting a proportion of receipts from enforcement reflects a desire to tackle this persistent and widespread issue. I recognise that there may be merits to an approach that allows specialist technology and expertise to be built and retained over multiple years.

The amendment also calls for an examination of the impact of budget exchange rules on the functioning of the asset recovery incentivisation scheme. There have been reports that recovered assets sometimes cannot easily be redeployed by front-line investigators and that incentives can be blunted by accounting constraints. If funds that are recovered through enforcement cannot, in practice, be retained or redeployed effectively by those doing the work, it is sensible to ask whether the current framework is optimally aligned with the policy objective of strengthening economic crime capability. However, I recognise that any move towards hypothecation of enforcement receipts raises potential governance issues, and there is also the question of how such a fund would sit alongside existing funding streams and the Government’s wider strategy in this area.

I therefore look forward to the Minister’s response to this amendment. I would be grateful if he could outline what steps the Government are currently taking to fight economic crime and whether they believe that any further action is required.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I am grateful to the noble Lord, Lord Cromwell, not just for his amendment today but for his patience in sitting through the Committee debates prior to introducing his amendment this evening. I am also grateful for the meeting we had with him and Phil Brickell, MP for Bolton West, in October and the meeting we had on 18 November.

It is important that Amendment 482 is considered. It would require the Government to consult on the viability of a ring-fenced economic crime fighting fund, and the intention of the amendment is to examine whether such a fund could provide multi-year resourcing for tackling economic crime. I am grateful for the comments from the noble Baronesses, Lady Doocey and Lady Jones of Moulsecoomb, in support of the amendment. The amendment recognises the significant harm that economic crime causes—reflected in the contributions made—to individuals, businesses, the economy and wider society.

The Government remain committed to tackling economic crime. That is evidenced not just by words in this Chamber but by our continued investment through the asset recovery incentivisation scheme and the economic crime levy, which has allocated £125 million to tackling economic crime in recent months. These schemes are delivering state-of-the-art technology to provide law enforcement agencies with the tools they need to stay ahead of criminals. It also includes an important factor, which is the recruitment of 475 new officers across the threat leadership, intelligence, investigative and prosecution capacity. We are putting people on the ground to deal with this issue as part of the, we hope, tangible benefits that we can get in the fight against economic crime. As a Government, we want to continue to work with our partners to ensure that we are most effectively investing the funding available.

I understand and accept—and did so in the face-to-face discussions we had with the noble Lord, Lord Cromwell, and the Member of Parliament Phil Brickell—that the call for sustaining funding is an important one that needs to be investigated. I want to confirm to the noble Lord what I hope is of help to him: the Government are committed to exploring the funding landscape with the aim of strengthening economic crime enforcement. This is witnessed by the statements we have made in the recently published economic anti-corruption strategy, which was published last December —particularly paragraph 42, on page 23, which I quote for the noble Lord:

“In the context of Spending Review 2025”,


we will

“explore the funding landscape with the aim of strengthening economic crime enforcement”

as a joint Treasury and Home Office priority commitment in that anti-corruption strategy.

This strategy is fixed and there was a timescale for it when published. I hope that the noble Lord, Lord Cromwell, will accept our intentions in identifying the issues that he has raised and not just doing what we have done to date, which is to ensure that we have put resources in already. I hope that that review commitment in the strategy from December is of help to the noble Lord regarding the objectives of his amendments here today.

With that commitment, I would be grateful if he would at least welcome it and hold us to account on it and, in doing so, withdraw his amendment today.

Lord Cromwell Portrait Lord Cromwell (CB)
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First of all, I can certainly promise to hold the Minister accountable for it, so I hope that pleases him. I thank the speakers—the noble Baronesses, Lady Jones and Lady Doocey, and the noble Lord, Lord Davies—who have kindly commented on this amendment. I thank the Minister in particular for engaging with me before and for his comments tonight. I am still not quite sure what I am looking at. I think he used the phrase “exploring the funding landscape” a couple of times. When does that exploration reach its destination and come up with a report?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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We have the strategy, which was published in December. It is a fixed-term strategy, which includes the commitment to examine the points that the noble Lord has mentioned. My time is quite stretched at the moment but, if the noble Lord would find it helpful, I am very happy for him to meet officials dealing with that aspect particularly. We can potentially explore from there whether his input is helpful in stretching that strategy and making some positive outcomes from it.

Lord Cromwell Portrait Lord Cromwell (CB)
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I thank the Minister for that answer. I was described in a previous debate as a legislative terrier, so I can assure him that I would like very much to meet his officials and, if necessary, nip their heels, because I am after a date when we are going to find the result of this viability study. Let us leave it at that. I am very grateful for his positive response. On that basis, I beg leave to withdraw my amendment.

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Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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My Lords, I thank the noble Baroness, Lady Miller of Chilthorne Domer, the noble Earl, Lord Russell, and the noble Lord, Lord Cromwell, for tabling their amendment. As a rural-dweller myself, I agree and recognise many, if not all, of the offences that have been identified. Our rural communities are incredibly important. On this side of the Committee, the Opposition have made it an absolute priority to support them in this difficult time. That support extends past simply fiscal policy following recent tax policies to all issues that affect them, including crime. It is promising that, last year, rural crime fell by over 16%, but there is still work to be done. Those offences still cost rural communities over £44 million a year—a fact that underlined our pledge to set up local taskforces to tackle rural crime.

Our objectives are not different from those of the noble Baroness; we simply differ on delivery. A top-down, centralised approach is never normally the most effective way to tackle local disconnected issues, and rural crime is a prime example of this. It is far less the operation of the highly organised criminal gangs we see in our cities, and more often the actions of an isolated few who sense an opportunity to steal or exploit the countryside and act on it.

Localised problems require localised solutions. Police forces are budgeted based on local needs, and are therefore the most alert to the specific issues facing their communities. It should be them organising taskforces to tackle rural crime, as they have the knowledge and ability to act and adjust to the changing crime picture in their area. While we agree with the noble Baroness’s intentions and entirely support them, we would much rather see funding directed to local forces and delegate responsibility to them and their taskforces to tackle the rural crime that we all want to see curbed. I hope the Minister agrees.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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My Lords, I am grateful to the noble Baroness, Lady Miller of Chilthorne Domer, for raising these issues, and to the noble Lords who have spoken in support of her. As someone who represented a rural constituency in the House of Commons for 28 years, I can say that things such as sheep worrying, isolation and local policing were meat-and-drink on a daily basis. In fact, the north Wales rural crime unit was the model for a lot of the work that has been done on rural crime at a national level. I therefore appreciate and understand the problems that are faced by rural communities. I say to the noble Baroness and others that the Government remain committed to tackling those crimes that particularly impact our rural communities.

Noble Lords have spoken today about some of the government measures being brought forward, but I want to address them as a whole. As part of our safer streets mission, we are introducing important measures to protect rural communities that look at clamping down on anti-social behaviour, strengthening neighbourhood policing and preventing the very farm theft that the noble Lord, Lord Cromwell, spoke of, as well as the issue of fly-tipping, which has been mentioned by noble Lords today. I would also add shop theft to that. That is an important issue because, particularly in rural areas where there is perhaps only one shop, an organised crime gang, or regular shop theft, can impact small independent businesses very strongly. We are trying to deal strongly with those issues. Rural communities across England and Wales are already better protected from the rising threat of organised gangs, and we have new strategies to tackle crimes plaguing countryside areas.

I was struck by my noble friend Lord Forbes of Newcastle, who focused not just on the rural crime issues that I know he is aware of but raised important issues around fraud and the isolation that fraud can bring. I advise him that, in a three-year fraud strategy that we intend to publish in relatively short order, the Government intend to look very strongly at those issues and at what we can do in that space.

Developing a robust response to a rural crime is extremely important. I know that noble Lords have mentioned it, but the objective of the amendment is, as the explanatory statement says,

“to establish a task force to produce a strategy for tackling rural crime”.

I say to the mover of the amendment that, in November 2025, the Home Office, Defra and the National Police Chiefs’ Council published the Rural and Wildlife Crime Strategy, which, in essence, does what the amendment asks for, and which will bring together the points that the noble Lord, Lord Cromwell, asked for, with ministerial oversight. The strategy is a vital step in the mission to provide safer streets everywhere.

There is also a Defra-led rural task force that was set up last year—that sounds like a long way away, but it was just over a month ago—with the aim of gathering evidence through a series of meetings and workshops to look at the specific challenges faced in rural areas. The evidence gleaned from the workshops is being examined, and it will be used to outline the Government’s strategic ambition for rural communities.

Some of the points that noble Lords have mentioned today, such as tackling equipment theft, are a huge concern. I understand that. We intend to implement the Equipment Theft (Prevention) Act 2023, which will introduce forensic marking and registration on a database of all new terrain vehicles and quad bikes. I am also pleased to say that we recently announced removable GPS systems. Those are demands that I had just over a year ago when I went to the rural crime conference chaired by the police and crime commissioners for Norfolk and Cheshire. We have acted on that.

Clause 128, which has already been considered, contains a valuable tool for the police that will help them tackle stolen equipment. It will ensure that, where it has not been reasonably practical to obtain a warrant from the court, the police can enter and search premises that have been electronically tagged by GPS or other means and where items are present that are reasonably believed to have been stolen. That is a very strong signal for organised criminals that we are going to track and monitor them and have a non-warranted entrance to their property if they have stolen equipment—and we will hold them to account for it.

I was pleased to be able to announce last year at the police and crime commissioners’ conference a long-term commitment of £800,000 for the National Rural Crime Unit and the National Wildlife Crime Unit. We have committed to replicating this year’s funding next year, in 2026-27; in what are tight and difficult financial times, we have still managed to commit that funding to help to support the National Police Chiefs’ Council in achieving the aims of that strategy.

To go to some of the specific issues that the noble Baroness, Lady Miller, mentioned, such as hare coursing, the establishment of that unit and work that it has done, and through that unit Operation Galileo, has seen a 40% reduction in hare coursing—again, that was mentioned by the noble Lord, Lord Cromwell, as a specific problem that has existed and causes great difficulties in rural areas.

We have also looked not just at the excellent work of the National Rural Crime Unit but, overall, at how we can tackle rural crime in an organised way. Again, I recognise that there are challenges. The Government separately, through the Statement that we made only a couple of days ago in this House, are looking at reorganising and shrinking the number of police forces, and we are going to have a commission to look at that, with a review, in the next few months to come to some conclusions. We are trying to centralise some national activity on serious organised crime, which is very much behind a lot of that rural crime. That landscape will need to be looked at.

The noble Lord, Lord Cromwell, referred to what I said on Tuesday night. We are looking at how we review the funding formula—that is important. Again, I cannot give specific answers on that today, but I would say to the noble Baroness who moved the amendment and noble Lords who have spoken to it, including the noble Lord, Lord Davies of Gower, that significant work is being done on this. We have a strategy and a task force; we have co-operation with Defra and specific measures being brought in that have been called for for a long time on equipment theft and wildlife crime, as well as on the funding of the unit. We have looked at a range of other measures that we will bring forward to tackle organised crimes in rural areas. With the neighbourhood policing guarantee, we are looking at every neighbourhood police force having named, contactable officers dealing with local issues. We are putting 13,000 of those neighbourhood police officers in place over the next three to four-year period, which will mean that we have 3,000 extra neighbourhood police officers by March this year and 13,000 by the end of this Parliament. That is focusing people from the back room to local police forces.

Again, there is a big mix in this, and I know that noble Lords will appreciate that it is a significant challenge at the moment, but I hope that that work is helpful and that the direction of travel suggested by the amendments is one that noble Lords can understand we are trying to achieve. With that, I hope that the noble Baroness will withdraw her amendment.

Baroness Miller of Chilthorne Domer Portrait Baroness Miller of Chilthorne Domer (LD)
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My Lords, I thank all noble Lords who have spoken. There was a theme running through the debate of the difficulty faced by those in rural areas of isolation. The noble Lord, Lord Davies of Gower, mentioned that I was seeking a top-down solution—not at all; I think that I am probably in your Lordships’ House because of looking for localised solutions. But that does not replace having an overall government strategy.

I am very pleased to hear from the Minister that they are committed to the funding for that unit; that is very helpful. I asked specifically about heritage crime, besides wildlife crime, so, between now and Report, perhaps the Minister could help me and provide a little more on how the Home Office is co-ordinating with the DCMS. Might he be able to write to me on that and also answer my question as to why wildlife crime is not notifiable? With that, I beg leave to withdraw the amendment.

Public Order Act 2023 (Interference With Use or Operation of Key National Infrastructure) Regulations 2025

Lord Hanson of Flint Excerpts
Wednesday 4th February 2026

(4 days, 23 hours ago)

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Moved by
Lord Hanson of Flint Portrait Lord Hanson of Flint
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That the draft Regulations laid before the House on 27 November 2025 be approved.

Relevant document: 45th Report from the Secondary Legislation Scrutiny Committee

Lord Hanson of Flint Portrait The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
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My Lords, I will come on to the SI in detail in a moment, but I begin by reminding the House of a Labour manifesto commitment that is central to this area of work.

The Labour Government have planned to champion robust and world-leading animal welfare standards. On Tuesday 11 November, the Government published our animals in science strategy, a joint effort led by my noble friend Lord Vallance and supported by my noble friend Lady Hayman of Ullock and me. The policy statement was to phase out animal use in science, as announced by a Written Ministerial Statement. This policy has been welcomed by animal welfare groups, industry and academia. We have been clear that this can be done only at a pace that scientific advances allow, and that in some areas it will be essential to continue the use of animals in science for specific purposes.

It is therefore critical—this is where I return to the SI—that, although the Government’s direction of travel is to find alternatives to animals in science and phase out their use, we ensure at the same time that we get growth potential from this business in the world at large. The protection of those critical resources, while we try to reduce and eliminate their use where possible, is therefore essential. The purpose of the SI is to better protect facilities that are indeed essential for developing treatments for human and animal diseases. That is why, although the government manifesto’s direction of travel is clear and will, I hope, be met, the life sciences industry remains integral to this country. It is central to health resilience, to pandemic preparedness and to capabilities in this area. In my view, recent experience underscores why we must be prepared at all times to respond to such a crisis.

This Government want the UK to become a global beacon for scientific discovery. The life sciences sector employs over 350,000 people and generates £150 billion-worth of turnover annually. The sector is essential to the development of new treatments and crucial to the safety testing of new medicines and vaccines. No one knows that better than my noble friend Lord Vallance, who dealt with such issues during the response to the Covid-19 outbreak; its contribution in that instance cannot be overstated.

When it comes to the SI, recent protest activity has deliberately targeted the life science sector, threatening the UK’s sovereign capability to produce vaccines, medicines and therapies, and has disrupted supply chains that are, in my view, indispensable to research and national health protection. As a result of that disruption, work that is of significant benefit to society is, I am afraid, placed at risk. It is therefore incumbent on the Government of the day to act without delay.

That brings me directly to the subject of our debate today. The legislation before the House will address the issue that I have outlined by amending Section 7 of the Public Order Act 2023 to add the life sciences sector to the list of key national infrastructure. This will make it a criminal offence to deliberately or recklessly disrupt life sciences infrastructure or interfere with its use or operation. Anyone convicted of this offence will, obviously, have been arrested by the police and potentially warned by them, and the CPS will have gone through those charges, but anyone who ultimately faces that conviction will face a penalty of up to 12 months’ imprisonment, a fine or both. In turn, this change will strengthen the police’s ability to, in my view, respond to disruptive protest activity that is undermining our national health resilience.

The legislation will cover infrastructure that primarily facilitates pharmaceutical research, or the development or manufacturing of pharmaceutical products, or which is used in connection with activities authorised legally by Parliament under the Animals (Scientific Procedures) Act 1986. That will include pharmaceutical laboratories, medicine and vaccine manufacturing facilities, suppliers of animals for research and academic laboratories carry out research involving animals.

It is clear that when Parliament passed the Public Order Act 2023, it explicitly deemed it necessary to build in the ability for new elements to be added to Section 7. The original section covered vital infrastructure being targeted by overtly disruptive protest; the life science sector now faces precisely the same situation. Parliament deliberately framed the definitions in the Act widely and explicitly allowed Parliament to add to the list of key national infrastructure, should the need arise. Today, that need has arisen.

If I may, I will directly address the fatal amendment tabled by the noble Baroness, Lady Bennett. First, I disagree with the stance and content of the amendment, but I think I have a duty to explain why. Let us take the components in turn. The noble Baroness has argued that the regulations constitute “legislative overreach” and

“extend the definition of ‘critical national infrastructure’ beyond its appropriate meaning”.

I will listen to her comments, but it is important that we put this on the record now.

Disruption to the life science sector poses significant and imminent risk to this country’s ability to act in a medical crisis and, if not addressed, could seriously undermine the UK’s readiness for the next pandemic. This is entirely in keeping with the existing definition of key national infrastructure and, given the risk posed to the country, in my view it comfortably meets the Government’s high threshold for this protection. The key national infrastructure sections that we have already include road transport, rail infrastructure, air transport infrastructure, harbours, downstream oil infrastructure, gas infrastructure, onshore oil and gas, onshore electricity generation and newspaper printing infrastructure. I suggest that support for activity in a medical crisis meets that criterion.

Secondly, the noble Baroness argues in her amendment that the proposal from me and the Government today further restricts

“the democratic right to peaceful protest”.

Let me be clear to this House: the right to peaceful protest is a fundamental part of our democratic society. People should have the right to protest. If they wish to protest, they should have that right. I have undertaken protest myself. This measure is not to limit protests: it does not prohibit or restrict peaceful protests, but there is a balance to be struck, and the right to protest does not extend to causing serious disruption to or imperilling that key national infrastructure.

Finally, the noble Baroness’s amendment includes an assertion that

“sufficient steps to end animal testing have not been taken”.

I referred in my opening remarks—I put those at the top of my speech, because I am quite proud of this— to the fact that my noble friends Lord Vallance and Lady Hayman of Ullock have, with me, brought forward a manifesto commitment in the first year of this Labour Government to publish a strategy to replace animals in science. It sets out how we will create a revolutionary research and innovation system that replaces animals with alternative methods, the key caveat being “wherever possible”. That technology, which my noble friend is very much on top of, will develop. We hope to replace animals in science as we can and to phase them out, in line with our manifesto commitment.

Through the Office for Life Sciences, my noble friend Lord Vallance has allocated £75 million in funding alongside publication of the strategy to help ensure that we can develop those alternatives, which will support laboratories in moving away from animal testing and adopting safe, proven alternatives. Nobody in this country of animal lovers wants to see suffering or their unnecessary use. The Government’s plan will support that work to end animal testing, wherever possible, and roll out alternatives as soon as it is effective and safe to do so. In doing so, that will contribute to the export potential and the growth agenda for this country, and the serious scientific research that this country can utilise to make a difference in the world at large.

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Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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My Lords, this has been a passionate debate, which we on these Benches welcome. Dealing with the statutory instrument before us gives us the opportunity to recognise the importance of our life sciences sector to public health, national resilience and the wider economy. It is therefore right that they should work and operate without sustained disruption, intimidation or obstruction.

The regulations, as outlined in the debate, extend the definition of “key national infrastructure” to include the life sciences sector. In doing so, they ensure that the police have access to a clear and consistent set of powers where protest activity moves beyond lawful expression and into serious interference with the use or operation of critical facilities.

It is important to be clear about what this instrument does and does not do. It does not prohibit peaceful protest, nor does it seek to suppress legitimate debate, including on matters that attract strong and sincerely held views. The right to protest remains a fundamental one. What these regulations address is conduct that is deliberately disruptive, sustained or targeted in a way that prevents lawful activity from taking place and places staff, researchers and patients at risk. Life sciences facilities have in the past been subject to precisely that kind of activity. Existing public order powers can be complex, reactive and fragmented. By bringing the life sciences sector within the framework established by the 2023 Act, the regulations provide greater legal clarity, earlier intervention where appropriate and a more proportionate and effective response to serious disruption.

We also note that the instrument is tightly focused. It does not create new categories of protest offence but applies an existing regime to a sector whose importance to the national interest is clear. The offences remain subject to established thresholds, safeguards and oversight, and their application must continue to respect the principles of necessity and proportionality.

For those reasons, we on these Benches are satisfied that the case for this instrument has been made. It strikes an appropriate balance between protecting critical national infrastructure and safeguarding the right to peaceful protest. We therefore support the regulations and believe that the House should approve them.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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My Lords, before the noble Baroness, Lady Bennett, responds on her amendment, it is important that I respond on behalf of the Government to some of the points that have been raised. I do not intend to repeat the discussion points in my opening speech, but some of them may be referred to because they have generated debate. This debate has generated a lot of interesting and important points of principle, and I am grateful for the contributions. I shall respond to four broad points: the right to protest, the SI provision use, the use of animals in science and—the big question—why now? I will address those in turn.

The right to protest was raised by a number of noble Lords, including the noble Baronesses, Lady Grender and Lady Jones of Moulsecoomb, my noble friend Lord Sikka and the noble Lord, Lord Davies of Gower, speaking just now from the Front Bench. I want to be clear right now in front of this House: as I said in my opening statement, this is not about the rightful, peaceful protest which is a fundamental part of our democratic society. This measure does not prohibit or restrict peaceful protest. However, peaceful expression does not extend to causing serious disruption to the hard-working majority in the businesses in question.

Police Reform White Paper

Lord Hanson of Flint Excerpts
Tuesday 3rd February 2026

(5 days, 23 hours ago)

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Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, our system of policing is outdated—that is beyond doubt. The White Paper is right to promise radical reform, but, for victims and communities, the real tests are simple: will more crimes be prevented and will more offenders be brought to justice? Reform cannot be a top-down, money-saving exercise imposed from the centre; it must rebuild capacity, confidence and local trust. Get it wrong and communities will feel even more abandoned, widening the gap between police and public.

The plan for a new national police service and fewer, larger regional forces has merit, but real questions remain. Of course we need strong national capability for terrorism, serious organised crime, fraud and online harms that cross borders, but restructuring is a means, not an end. Experience in Scotland shows that mergers alone do not deliver better results. If design and implementation are mishandled, local connection suffers. The first priority must be to define clearly what we expect the police to do, recognising how their role has expanded, and then to provide realistic, long-term funding before redrawing force boundaries. Leadership and scrutiny, not structure, drive performance.

At present, the police are the agency of last resort for everything from children’s social care to adult mental health crises, as overstretched services retreat and leave the police to pick up the pieces. We welcome the commitment to ring-fenced neighbourhood policing, but we must ask whether the proposed model of mega-forces plus local policing areas will really empower local communities or simply add another layer of bureaucracy. Without proper funding and wider criminal justice reform, restructuring alone will not make our streets safer. Since we all agree that community policing is vital, can the Minister assure us that extra officers will be protected for visible neighbourhood work, backed by stable multi-year funding, not redeployed elsewhere when budgets tighten?

We support in principle a national licence to practice, tougher misconduct rules and stronger leadership after the shocking failures of recent years. We need officers and specialist staff with the right skills, character and integrity. Rising standards can rebuild trust but must not load more bureaucracy on to an already exhausted workforce.

The creating and purchasing of IT and data systems is sensible, but only if designed around operational needs and with sustainable funding. After all, procurement must be handled by qualified professionals so that we never again see the Home Office-driven debacle over the recent replacement emergency service radios, now running 12 years late and around £8 billion over budget.

We welcome the decision to abolish police and crime commissioners, but whatever replaces them must be representative, transparent and subject to robust scrutiny. Meanwhile, the Home Secretary proposes new targets, intervention powers, turnabout teams and the authority to dismiss chief constables. Can the Minister say what safeguards will protect the operational independence of policing, particularly from short-term political pressure? No individual, whether a PCC, mayor, council leader or Home Secretary, should have unilateral power to dismiss a chief constable. Can the Minister confirm that the Home Secretary will be bound by the same consultation rules that apply to PCCs now under Section 11A of the Police Regulations 2003?

Finally, on live facial recognition, rolling out such powerful technology before strong statutory safeguards are in place means relying on algorithms whose accuracy, bias and oversight remain, at best, disputed. If the Government move too fast and lose public trust, it may take many years to rebuild.

Liberal Democrats want a system of policing rooted in communities, fit for modern threats, accountable and trusted. We will work constructively on reforms that raise standards, but we will challenge fiercely any move towards centralisation without transparency or any attempt to treat restructuring as a substitute for leadership.

Lord Hanson of Flint Portrait The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
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My Lords, to go to the heart of the questions from the noble Lord, Lord Cameron, and the noble Baroness, Lady Doocey, this is being done for a purpose. Crime is changing: fraud and online crime are widespread, and sexual abuse, terrorism and a range of national crimes impact policing and the communities the police serve. There is a strong need to reconnect local police with local crime, such as shop theft, and with neighbourhood policing issues, such as antisocial behaviour. To deal with that, we currently have a patchwork of 43 local forces, some led by a mayor and some by a police and crime commissioner. Some mayoral areas, such as Liverpool, do not have a police and crime commissioner; others, such as Manchester, have a police and crime commissioner. In West Yorkshire, there is a police and crime commissioner and a deputy mayor appointed to report to the mayor. In the West Midlands, the police and crime commissioner runs in parallel with the mayor. New mayoralties are coming on stream in the next couple of years, and that patchwork quilt will continue to develop.

At a national level, we have no procurement organisation. We have police chief leads who deal with their local force but who are also leads for particular areas. We have a National Crime Agency, a national helicopter service and forensics. With this proposal we are trying to ensure that we give greater support to the neighbourhood policing model at a local level, and have a consistent model of leadership through the elected mayor or an elected board of councillors. That will be examined. In conjunction with the Senedd, we will look at the model for Wales. At the same time, we will look at force numbers. The proposals include a review in the next five or six months, with a chair to be appointed shortly. Its terms of reference will be to look at how we can slim down the number of forces to save money and give a regional structure.

In answer to the points from the noble Lord, Lord Cameron, on accountability, there will be an official—a mayor or councillor—who is responsible for that. The Home Secretary will have the power to remove chief constables. There will be a review of the number of forces. I do not know yet what that review will show, but it will help save money and give some focus. We intend to start very shortly to establish the national service. This will initially look at IT, forensics, the helicopter contract and procurement. Is it right that 43 forces procure 43 sets of uniforms? Is it right that there are different phone systems at a local level? Those are things that we need to look at. Later, the National Crime Agency, counterterrorism and regional crime units will be brought into focus, looking at how we deal with national issues.

Are we doing that for a purpose? We are. What is the purpose? To focus on things that matter on the ground and that matter collectively, nationally, and to potentially make better efficiencies and savings in the organisation and spend for things such as procurement of vehicles and uniforms. It is important to do that, and that is the model we are looking at.

There are issues. The noble Lord asked about the British Transport Police. That is not in the model at the moment; that is a matter for the Department for Transport. Everything can be examined, but that is not on the table at the moment.

In answer to the noble Baroness, Lady Doocey, on facial recognition, she knows that we are currently consulting on the standards and governance for it. Going back to my time as Police Minister 16 years ago, we were looking at things such as automatic number plate recognition. That was being tested in the last part of the previous Labour Government and is now a natural and automatic part of crime fighting, where you can track number plates and see who is involved with them. Going back 25 years, CCTV was a worry, but it is now an essential part of evidence gathering and crime fighting. I therefore say to the noble Baroness that we need to regulate facial recognition, but it is one of the next steps for the future of how we identify missing people and missing suspects, and we will use it to help identify how we can further reduce crime.

All this is done for a purpose. We are trying to re-energise neighbourhood policing and remove the barriers that stop the police focusing on things that matter. We are also looking at how we can organise nationally in this rapidly changing world; build capability on AI, for example, and save police time and resource; and improve standards, which again goes to the noble Baroness’s point. We have the licence to operate in these proposals and, in the policing Bill, we have proposals to vet police officers and raise standards. They are all important. It is important that we look not at where we are now but, as part of this reorganisation, at where we are going for the future, and at how we can better use AI and modern capabilities and technology to help improve police performance on the ground.

I therefore say to the noble Lord and noble Baroness, who are both my colleagues, that they have a very positive role to play in helping to design this service. However, ultimately, we cannot stay where we are. Rightly or wrongly, we think that the police and crime model has not worked efficiently and that we have too big a patchwork; we need to review and make a difference to it. It has been acknowledged for a long time that we have too many police forces. I say to both contributors that the police welcome this, from the Chief Constables’ Council through to the inspectorate and police forces across the country. We have an opportunity to redefine policing for the next 25, 30 or 40 years. This is a real opportunity to get better value for money, better performance and better efficiency, and to ensure that we meet the challenges of future crime.

Baroness May of Maidenhead Portrait Baroness May of Maidenhead (Con)
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My Lords, the bedrock of British policing is the office of constable. That is an office under the Crown. The Government are now going to introduce the licence to practice, given by the Government. At the same time, it appears that the Government are going to reintroduce targets for policing. The experience under the Blair Government was that policing targets distorted police behaviour and meant that, all too often, local policing priorities were ignored. The Government are also going to introduce a huge national bureaucracy in the national police service, and we read of a “hands-on Home Office” and greater powers for the Home Secretary.

Given this combination, how will the Government ensure that we will not see national diktats completely overriding local policing requirements and, particularly, that we are not going to see the police subjected to undue influence from the Home Office and the Home Secretary? I remember November 2008, when the parliamentary office of the then Member of Parliament for Ashford was searched by the police without a warrant, reportedly because of influence from Government Ministers. How are the Government going to ensure, in this centralised police service and centralised model, that there is not going to be undue political influence that relates not to the policing interests of the citizens but to the political interests of the Government?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The noble Baroness has great experience in this area. We have discussed this for many years, in shadow and government form. The Government are cognisant of the fact that the police service must be independent of government, have its own responsibilities, and make its own decisions around issues of arrest, suggestions about charges by the CPS and how to manage resources at a local level. Those are absolutely central, but this does not take away from the importance of the Government establishing the real areas of concern.

We are now saying that we need to have neighbourhood policing. As part of the grant, there will be an extra 13,000 neighbourhood police officers on the ground to look at the issues we think are important, such as anti-social behaviour, shop theft and a range of issues around policing in town centres. This is important for public confidence. It does not mean that we are interfering in policing. It means we are setting a number of potential targets which we think are important national and strategic issues.

On the national picture, the Police Minister is not going to be telling the head of the new policing body, “These are things I want you to do”, or “I want you to go round to X office, invade them and interfere in them”, but it is right for us to look at the strategic targets on counterterrorism, on serious organised crime and cross-border crime, and on crime that is coming into this country from the European Community, where we need to participate and co-operate. These are really important issues. It is right that the Home Secretary and the Government set these targets and some direction of travel in conjunction with the police, but still with that clear barrier between operational responsibility and overall policy setting.

The noble Baroness spoke about a police officer being an officer of the Crown. Through the licence to operate, we are trying to set a number of standards against which we check the performance of police officers so that, through the Crime and Policing Bill, we improve vetting, standards and management, and have a quicker way to remove police officers who do not meet our performance targets. These things will be done in conjunction with the police.

As I said in my opening remarks, the police have welcomed this at every level—from the inspectorate, through to the Chief Constables’ Council, to individual chief constables. I accept that that may be different for police and crime commissioners, but there is a real level of support among the police for the modernisation of the force. I hope that the noble Baroness will continue to hold us to account and that we will have this discussion as we continue.

Baroness Smith of Llanfaes Portrait Baroness Smith of Llanfaes (PC)
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My Lords, I welcome the publication of the much-anticipated White Paper on the future of policing across England and Wales. I particularly welcome the focus on neighbourhood policing to better address everyday crime. However, the White Paper has not addressed the unfairness of policing powers being withheld from Wales compared with the other devolved nations.

Three independent commissions—the Silk commission, the Thomas commission and the McAllister commission—have recommended the devolution of policing to Wales. It might be helpful for the House to be aware that, in First Minister’s Questions in the Senedd today, the First Minister stated:

“I want to make it clear that the Welsh Government has been clear that we want policing to be devolved to Wales”.


She went further to explain that the motivation behind this is to have

“better provision for the people in Wales”.

Will the Minister join the First Minister of Wales and Welsh Labour colleagues in the Senedd who are making the case here in Westminster for the devolution of policing to Wales?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I know where the noble Baroness is coming from. We have been very clear in the White Paper that the proposals for Wales are about organisation of the delivery and not about the devolution of policing. We have taken the view that policing is intricate within the whole legal system in Wales, which includes the court service, youth justice and a whole range of other matters. In the Labour manifesto, we said we would look at the devolution of youth justice. My colleagues in the Ministry of Justice are looking at this now, but we do not think that the devolution of policing is right for Wales at this time.

We will have to explain this judgment to all Members of the Senedd and I have to explain it to the noble Baroness in this House. We think that Wales is better served by a UK-based England and Wales service which looks at the main issues of national interest, such as counterterrorism, along with the other devolved Administrations. In the Welsh context, the discussions we will have with whoever forms the Government in the Senedd after the election will be about how we make a better structure in the period after the abolition of the police and crime commissioners.

Lord Bishop of Manchester Portrait The Lord Bishop of Manchester
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My Lords, I note that when the original Statement was made in the other place, it began and ended with a reference to Sir Robert Peel. In my capacity as the co-chair of the National Police Ethics Committee for England and Wales, I probably talk more about the Peelian principles than I ever thought I was going to do in earlier life. One of those essential principles is that policing is a civilian force: it is people, the citizenry, policing themselves.

I welcome much that is in this report. It represents a way forward and I am sure that my committee will go along with it. But there are two challenges. The noble Baroness, Lady May, has already referred to one, and she gave an example of it. I will give another brief one from when we were looking at Covid in a precursor to the present committee. During Covid, the Operation Talla policing ethics committee was largely set up under my chairmanship because police chief constables were under such pressure from Government Ministers, who were announcing things, often on social media at nine o’clock at night, saying “This is now the law” when it was not. The police wanted somebody independent who could support them in the face of that kind of ministerial overreach. So I worry, as the noble Baroness, Lady May, does, about the risks of ministerial overreach and the powers being given centrally.

On the other side, on neighbourhood policing, again we are hearing all the right reassurances here, but that is so essential. During Covid, the Metropolitan Police at one point had, I think, an absence rate of about 10 times that of Kent Police, the neighbouring force. Kent Police was policing its local communities while the Met was busing people in crew buses all the way over the capital, where they were all giving each other the disease. It was not neighbourhood policing in any way, shape or form. So how can we ensure with the new policing structures that it really will be people policing locally who are that local citizenry, not somebody drawn from three counties away across a much larger area? But with that said, I appreciate what we are doing.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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There is a lot in there. The main thing I can say to the right reverend Prelate is that the purpose of our policing is to have the police working with the community at a local level. That is why we have to focus on neighbourhood policing, why we have put in an additional 13,000 officers over this Parliament, and why we are on 2,500 to 3,000 currently in terms of increasing neighbourhood policing, taking people away from warranted officers doing back-room jobs into warranted officers doing front-line policing and community reassurance. That is why the basic issues, as I have said before, of shop theft, anti-social behaviour—things that happen in the high street or on the estate—should be the focus of the local police force.

How do we better deliver that? Do we look at that in a regional context? Whoever takes over this examination of regional force levels might look at a region and say, “We need to have this as a force size for this region because there’s a synergy between this city and that city and this regional area”, but underneath there is still that local neighbourhood police model. We are trying to ensure that we have local governance that is better than the patchwork we have and, at the same time, we will look at the national challenges and ensure that the Police Minister and/or the Home Secretary sets some realistic targets but does that in conjunction with the police. Ultimately, we get asked all the time in this House what we are doing about shop theft and anti-social behaviour. Some level of co-operation and ambition has to be set between the Home Office centrally and the local police forces, but they still have to operate independently and manage their resources in a way that gives them local community confidence.

Lord Harper Portrait Lord Harper (Con)
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My Lords, I am grateful that the Minister is leaving the British Transport Police alone. In my experience, it works very well and is led by an outstanding chief constable. I may have missed it, but I am not sure he said where royal protection is going to sit in this tier of policing. It is a significant cost, particularly for a county such as Gloucestershire, where we are blessed with a number of members of the Royal Family, including one of the homes that belongs to His Majesty the King. It is a significant cost to the force.

My real concern is that raised by the noble Baroness, Lady May, about accountability. We already have an issue with police being abstracted from rural areas to do public order policing in big urban centres. If we have larger police forces, I can see that getting worse. How are we going to make sure that rural communities get the level of policing that they deserve and, importantly, that they pay for through their council tax precept, without a democratically elected leader at a very local level?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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Starting with the question of royal protection, if the noble Lord will forgive me, I will not comment on that, because we do not normally comment on those issues in a public way. At some point, we will obviously make some further statements on it, but I do not wish to open that discussion now. On his comments on rural funding, we are as part of this proposal looking at reviewing the formula that currently exists within police funding. The police settlement that we announced a couple of weeks ago put significant additional resources into policing, but we recognise the need to modernise the funding formula, so part of the review that we are undertaking now will be on how we do that very task.

At a local level, there will still be somebody accountable politically for policing, but what I am trying to do, and what we are trying to do in the Home Office, is address the fact that at the moment we have police and crime commissioners, which is a patchwork model because of the advent of mayors. We have another pile of mayors coming on stream very shortly. We have some areas where there will not be a mayor, but nor will there be a police and crime commissioner in future, so we are still going to review those organisational models. At the end of this process, there will still be somebody who is accountable for policing, but not in the directly elected way, solely on police and crime issues, as the police and crime commissioner currently is.

Earl Russell Portrait Earl Russell (LD)
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Serious organised waste crime is a national disgrace that is costing the UK economy over £1 billion a year. The Environment Agency, as a regulatory body, appears to be ill-equipped and fundamentally unable to control it. These police reforms offer a co-ordinated approach to serious organised crime, yet I can find no mention at all of waste crime in the plans, so can the Minister confirm whether it is the Government’s intention to give the new national police service responsibility for tackling organised waste crime?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The Environment Agency currently has a role in managing waste crime, but I think it is important that we put some focus on the fact that it has become increasingly clear, and this is a relatively new phenomenon, that serious organised crime is behind many of the large illegal waste dumps around the country at the moment. Our effort to improve performance will involve regional and national police forces, regional organised crime units, serious crime, nationally, and the National Crime Agency, over time, to look at how better we can tackle serious organised crime on a UK-wide basis, with support from the devolved Administrations in Scotland and Northern Ireland. Serious organised crime now manifests itself in illegal waste tips and could manifest itself in drug importation, weapons importation or a range of other things. The key thing is that we have some national co-ordination of regional crime units and national units to look at serious organised crime.

Lord Walney Portrait Lord Walney (CB)
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The reforms to public order policing in the White Paper are welcome, in particular the commitment to greater data sharing between forces to enable this. Can the Minister confirm that that will include a greater level of intelligence sharing, which was one of the gaps that I found in my review of this wider area that was presented in 2024?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I can give the noble Lord that assurance. One of the things we are trying to do is to improve the IT systems and bring them under central control. That means improving data sharing and it also means using new technology, such as AI, to improve analysis of data and to give a central lead to performance measures, to get better outcomes for the community at large.

Viscount Goschen Portrait Viscount Goschen (Con)
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My Lords, the Government should be commended for coming forward with bold proposals. It is clear that the existing structures are rooted in a situation from way before we had the levels of mobility, technology and new crimes that are coming forward and taking up so much of the police’s time. Having 43 police forces, therefore, is no longer fit for purpose, so it is good that the Government are showing leadership and taking bold steps. I was very struck by the cautious notes that my noble friend Lady May came forward with and, indeed, some of the dangers that lie here.

There is a lot of emphasis in the White Paper on accountability and performance, and that really is where an awful lot of the opportunities lie here. We are at an inflection point. There is the opportunity for considerable dividends from this, but there are also significant potential risks. I just ask the Minister to give a little more detail to the House about the process of determining what the eventual patchwork will look like—the size of forces, the allocation of resources and so forth. Could he also tell us how the mergers and essential integrations will be carried out without, essentially, dropping the ball? There are significant risks here but, overall, I think the Government are heading in the right direction.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I am grateful for the noble Viscount’s support on this matter. In response to his question about force sizes, we will be announcing a review very shortly, which we hope will be done by the summer. That will set the template for the Government to determine ultimately how many forces there will be and how we begin the process of changing that system accordingly. When parliamentary time allows—in that time-honoured phrase—we will bring forward measures to end the role of police and crime commissioners. This will be done by the time of the next election due for electing police and crime commissioners. In the initial phase we will also look at bringing together IT, forensics and procurement into a national service, but over time. Again, this will require parliamentary legislation to bring together the National Crime Agency and other bodies, including counterterrorism, into that body as a whole.

We also have a separate paper coming forward shortly that will look at fraud, which is currently the responsibility of the City of London Police as the lead force. We will be looking at how we can improve performance on that issue as well. These will not be quick fixes but if I look three to four years ahead, police and crime commissioners will have gone, the new structures will be in place for the new forces, and there will be accountability through the mayors or councils. We will be quite well down the road of the establishment of the wider national police service, bringing in training, national services and the roles of the National Crime Agency and counterterrorism police.

Lord Sentamu Portrait Lord Sentamu (CB)
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My Lords, Robert Peel talked about policing by consent, emphasising public approval, but his key recommendation was crime prevention, and a primary goal was dealing with disorder. He saw that merely punishing crime after the fact was a failure. All the statistics we get are for the number of arrests that have been made or the number of crimes prosecuted. We never get the number of crimes that have been prevented. In this new White Paper, which I welcome strongly, how are we going to get to the position that we have got to in health? A good health service actually prevents people becoming unhealthy. How are we going to get that balance?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I welcome the noble and right reverend Lord’s commitment to the proposals in the White Paper. If we look at government policy as a whole, in parallel to that a great deal of work is being done by my noble friend Lady Smith on education, on prevention and on strengthening citizenship in schools. There is a need, through the Ministry of Justice, to look at improving sentencing outcomes and better performance in prisons to stop people reoffending. Through the Sentencing Bill, we are looking at a wide range of community sentences that people could be put into rather than prison. That all has the objective of reducing crime and recidivism and preventing people getting involved in crime in the first place. In this White Paper, we are again trying to have that strong focus on what needs to be done about serious organised crime at the national level. At the same time, we need to focus on building community resilience, improving neighbourhood policing, and meeting the Peelian principles that the right reverend prelate the Bishop of Manchester mentioned: the police are the public and the public are the police, and that happens at a local level as well.

On all those fronts, we are trying to prevent and reduce both crime and repeat crime, give the public confidence, improve standards in the police force and deal with significant, severe future challenges in organised crime and international issues such as internet and AI crime. I hope that reassures the noble and right reverend Lord. That is the Government’s plan, and we will no doubt be held to account on it by this House.

Shamima Begum

Lord Hanson of Flint Excerpts
Tuesday 3rd February 2026

(5 days, 23 hours ago)

Lords Chamber
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Lord Dubs Portrait Lord Dubs
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To ask His Majesty’s Government what plans they have to reconsider their decision not to allow Shamima Begum and other British-born mothers and children to return to the UK from camps in Northern Syria in the light of the increased fighting in the area.

Lord Hanson of Flint Portrait The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
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Shamima Begum had her British citizenship removed, as upheld by the UK courts. It is inappropriate for me to comment further while there are further ongoing legal proceedings. We are working closely with partners to understand the current situation in the detention facilities and camps, and to mitigate any shared national security risks.

Lord Dubs Portrait Lord Dubs (Lab)
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Does my noble friend agree that the situation in northern Syria has become more dangerous recently, especially for those being held in detention camps? Notwithstanding the sub judice position referred to by my noble friend, would it not be right for Shamima Begum, a British-born person educated and brought up here and probably trafficked to Syria as a 15 year-old, to be allowed to return and face justice? Or do the Government seriously believe that she should stay in a prison camp indefinitely?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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On the first part of my noble friend’s question, the Government are obviously deeply concerned about developments in north-east Syria. However, we welcome the agreement between the Syrian Government and the Syrian Democratic Forces to integrate military and civilian institutions, and we will continue to monitor what happens in northern Syria. Regarding Shamima Begum, my noble friend knows that I try to be helpful on these matters. However, I cannot be any more helpful than I was last time, which is to say that a process has been followed and there is further discussion in the European courts. I cannot anticipate or comment upon that matter until such time as those issues are resolved.

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Lord Pannick Portrait Lord Pannick (CB)
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I declare an interest as a former legal counsel of Shamima Begum—there are many of us in that position. The Minister has repeatedly stated that the existence of legal proceedings in the European Court of Human Rights prevents him answering detailed questions. I am aware of no doctrine of the European court that imposes such a restriction. Why are the Government hiding behind the European court’s proceedings to avoid answering the Question from the noble Lord, Lord Dubs?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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With due respect to the noble Lord, I am not hiding behind that. We have taken a judgment that we are in discussion on that matter in the European court with legal teams. I am not able to give a running commentary on those matters in this House. The noble Lord may not like that, but that is the position I have to give the House today.

Viscount Hailsham Portrait Viscount Hailsham (Con)
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My Lords, I re-emphasise that when Shamima Begum went to Syria, she was 15 years-old. She absconded from school. She was a child. What is the public interest in excluding her from the United Kingdom now? Are we just making political gestures? I of course acknowledge that the original decision was made by the previous Administration.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The original decision was made by the previous Administration, and it happens to be one that this Government upheld and support. I say again to the House that there are ongoing proceedings about her status, and the decisions were very clear. Under legislation which the previous Government took, we have examined this matter and are now in discussions in the European Court of Human Rights. I think it is best left to be determined in the way in which it will ultimately be determined.

Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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I have said it before and I will say it again: we on these Benches are unequivocal in our view that Shamima Begum should never be allowed to return to Britain. However, the noble Lord is right to note the increase in fighting in northern Syria. One of the issues this raises is that British-born Islamic State fighters and sympathisers may be freed and then attempt to make the journey back to Britain, potentially by small boat crossings. In the interests of the security of the British people, what are the Government doing to ensure that no one who has fought for or assisted a terrorist group in that region is able to return to Britain?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The noble Lord makes a very valid point, and it is one that I support. The Foreign Secretary has already spoken to the Syrian Foreign Minister about the situation of those who have been and are being detained. We want to ensure that we continue to monitor the security situation in northern Syria, but the noble Lord makes a very valid point that the Government will bear in mind.

Baroness Hussein-Ece Portrait Baroness Hussein-Ece (LD)
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My Lords, the Independent Commission on UK Counter-Terrorism Law, Policy and Practice has recommended that the UK adopt a comprehensive repatriation policy for all British nationals detained in north-east Syria. None of the 50 to 60 British nationals—the majority of whom are children and their mothers—detained in the dangerous and deteriorating situation in north-east Syria have been charged with a crime, and they have been held there for roughly six years. If transferred to Iraq, which is now a real threat, they face an acute risk of torture, unfair trials and suffering for the children if they are separated from their mothers. Will the Government now fulfil their responsibility and do what the United States, France and Germany have already done: repatriate these British nationals?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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All requests for consular assistance and, indeed, repatriation will be taken into account by the Government. The British Government will particularly look at the issue of unaccompanied minors and orphans when brought to our attention, and we will facilitate their return, where feasible, on a case-by-case basis, subject to the national security issues and concerns that have been raised to date. I recognise that there are no consular assistance facilities in northern Syria, but there are ways in which that can be examined, and if cases are brought to the Government’s attention, we will look at them.

Baroness Gohir Portrait Baroness Gohir (CB)
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My Lords, the Government keep citing vague evidence that Shamima Begum is a threat to national security. When the Government are able to, will they put that evidence before an independent inquiry so that it can be scrutinised, and we can be assured that the rule of law is being followed properly and she is not being used as a political football?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I can assure the noble Baroness that the individual is not being used as a political football. The previous Government took the decision under the British Nationality Act 1981 to deprive her of her citizenship status. It is not a step that is taken lightly; it is taken only after careful consideration of advice by lawyers and in conjunction with international law. We have examined the decision to date and upheld it. There is a court case, and the Government judge that we are not going to comment on that while it is going on, but the noble Baroness’s points have been heard in this House, and we will obviously examine them.

Baroness Chakrabarti Portrait Baroness Chakrabarti (Lab)
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My Lords, regardless of the particular case and the ongoing proceedings my noble friend the Minister describes, what does he think of the broader policy conundrum that if developed democracies take citizenship away from subjects and citizens who are perceived to be dangerous, we render large numbers of people stateless and create a powder keg of resentment, fomenting all sorts of challenges that will make us less, not more safe?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I come back to the point, which my noble friend will be aware of, that this is not a decision taken lightly or very often. The previous Government issued 10 citizenship deprivations in 2020, eight in 2021, three in 2022, two in 2023 and only one in 2024. When the decision is taken, it is on the basis of advice, and that no one is left stateless in doing so.

Lord Bellingham Portrait Lord Bellingham (Con)
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My Lords, further to the question asked by the noble Viscount, Lord Hailsham, she was indeed 15 when she went out to Syria originally, but she is now 26 and able to show maturity, one would expect—but unfortunately, she has shown very little contrition or regret. While I am sympathetic to her, would it not be better if she actually condemned atrocities committed by ISIS, rather than saluting and applauding them, which she has done in recent interviews?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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Again, with due respect to the noble Lord, I am not going to comment on individual cases, which the Government are currently actively considering, in terms of both the original decision and the court case to date. The noble Lord has said what he said and the House will have heard it; I cannot comment on it.

Lord Anderson of Ipswich Portrait Lord Anderson of Ipswich (CB)
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My Lords, the United States has begun the transfer of 7,000 Islamic State detainees from prisons in north-east Syria to Iraq. Iraq’s Supreme Judicial Council said the other day that it would commence legal proceedings against transferred detainees of whatever nationality. Can the Minister tell the House whether any British detainees are among those 7,000, and what, if anything, can be done to guard against the risk that in Iraq, those detainees will suffer torture, unfair trials and the death penalty?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The noble Lord will know that the issue he has raised is a US and Iraq-led operation. The UK is not involved in that operation. We expect all detainee transfers to meet international legal standards and will continue to monitor developments very closely. Again, I cannot comment on any individual cases in relation to the issue the noble Lord raises.

National Police Service

Lord Hanson of Flint Excerpts
Wednesday 28th January 2026

(1 week, 4 days ago)

Lords Chamber
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Lord McCabe Portrait Lord McCabe
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To ask His Majesty’s Government what assessment they have made of the likely timescale and costs for the establishment of the National Police Service recently announced by the Home Secretary.

Lord Hanson of Flint Portrait The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
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The Government will start work immediately to set up the new national police service and will legislate for it as soon as parliamentary time allows. It will first host national services such as IT and the National Police Air Service and later bring in national crime-fighting responsibilities. Work to establish the national police service is fully funded to the end of this Parliament.

Lord McCabe Portrait Lord McCabe (Lab)
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I thank my noble friend the Minister for his Answer and wish him well with the venture. We know that this is not exactly a new idea. There have been a few versions over the years. What further assurance can he offer that now is the right time to commence this project and see it through to a successful conclusion?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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It is the right time because the challenges that the police service faces on an international basis—from organised crime, from drugs, from international terrorism—are ones that need to drive forward this programme. The second really important thing is that it has the support of the police themselves, from the director-general of the National Crime Agency to the Chief Constables’ Council. Thirdly, it will happen because this Government have the political will to make it happen.

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Lord Hogan-Howe Portrait Lord Hogan-Howe (CB)
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My Lords, I support the White Paper. I think it is the right broad direction and it is decisive. As the noble Lord, Lord McCabe, indicated, it has been tried before and we did not get very far. There are a lot of questions on the detail, of course. On the commission that has been set up to recommend the number of forces, can the Minister tell us a little about the direction of travel the Government would like it to take? It could recommend anywhere between 43 and six and, of course, a figure towards 43 would probably damage the model he has described for national policing and some of the regional elements of it. Can he give us a flavour of how that model might materialise?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The Government want to see a reduction in the number of police forces because that will make local policing more effective, save money and provide a better local service. We have not as yet given an indication because we have established the commission, which will report by this summer—it is very quick. We will shortly announce a chair and terms of reference. The Government intend this to be a speedy exercise that we can influence and then to bring forward legislation to make those changes as soon as parliamentary time allows.

Lord Hintze Portrait Lord Hintze (Con)
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My Lords, I commend the Government and the Minister on this initiative. It is important, but it is also important to understand what standards we are putting in place to measure the effectiveness of this government initiative and, more importantly, to make sure we are not putting another bureaucracy on top of bureaucracy on top of bureaucracy, which is what I fear might happen.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The White Paper is very clear that it wants to set both metrics for performance and standards for policing. In the police accountability Bill currently going through Parliament, we have put in place a range of measures for improving police performance, improving vetting and improving standards. The whole purpose of the White Paper is to improve efficiency, improve delivery, meet future challenges and use tools such as AI to be able to perform better than we are currently, with a smaller, more effective police force in terms of organisational size, neighbourhood police on the ground and central organisation, as the noble Lord, Lord Hogan-Howe, mentioned, looking at critical central issues.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, can the Minister confirm that responsibility for fraud, cyber and economic crime will transfer from the City of London Police to the new national police service?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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No, we cannot, because at the moment cyber crime issues are dealt with by the National Crime Agency. We are looking to establish a national police force area. Fraud is with the City of London Police, and very shortly I will bring to this Parliament a new revised fraud strategy. We are looking first and foremost at the reorganisation of police force sizes; secondly, at what we need to do nationally on procurement, IT, forensics and other issues; and thirdly, at where best those services fit and whether we have a national police service that oversees all those issues or the City of London Police ultimately keeps that provision. In the fraud strategy coming shortly, the City of London Police plays an extremely central role.

Lord Harris of Haringey Portrait Lord Harris of Haringey (Lab)
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My Lords, can the Minister enlighten us as to the sort of pace at which he envisages this moving? I have every confidence in 43 chief constables and 200 or so assistant chief constables and so on finding plenty of reasons why the reorganisation of police force areas is much more complicated than is recognised and will take a long time. So can he give us an indication on pace? While he is about it, can he also tell us how he envisages the local police areas being accountable? What is the line of accountability to them? Is it just the regional forces or is it also local communities?

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Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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First, the police themselves welcome this proposal right across the board. Secondly, we have already indicated that we are going to abolish police and crime commissioners and replace them with local management, either through the mayoral model or through local councils nominating members and a chair being produced from that. The number of forces is being reviewed by the summer, and we will be able to bring forward legislation as soon as parliamentary time allows both to abolish police and crime commissioners and to replace them with a new model. We are looking at pace at the legislation required, which again will come when we have parliamentary time, to make the national changes and to look at how we integrate over the course of the rest of this Parliament and into the next a national police service meeting national police challenges.

Lord Cameron of Lochiel Portrait Lord Cameron of Lochiel (Con)
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My Lords, the restructuring of policing, as announced in the Government’s police reform White Paper, will inevitably involve much upheaval. The Home Office, chief constables and police leaders will be distracted by a lengthy administrative reorganisation. How will the Government ensure that the police remain fully focused on their priorities while these reforms are being pushed though?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The police priorities are the extra 13,000 neighbourhood police officers the Government are bringing in to deal with day-to-day crime, anti-social behaviour, theft and shop theft. The police chiefs are very aligned with and supportive of that agenda. They have also to a person, through the police chiefs’ council, welcomed both the centralisation and the reduction of forces as a whole. They have clear tasks to achieve, but it is possible to reorganise a force at local and national level at the same time as meeting those objectives. The efficiency programme aims to save around £350 million in the course of this Parliament, which is money that will be put into front-line policing.

Lord Wigley Portrait Lord Wigley (PC)
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My Lords, as a former Welsh MP, the Minister will recall the Silk commission recommending devolution of aspects of police and crime to Wales, something that was supported by the Government of the noble Lord, Lord Jones of Penybont, and is now supported by the First Minister of Wales. Why are the Government not giving more credence to their friends in Wales than they are to the civil servants at the Home Office?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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As a resident in Wales, an MP in Wales for 28 years and a person who still has lots of friends in the police force in Wales, I say to the noble Lord that devolution is not on the agenda as part of this reorganisation. This is about efficiency and local management, and we will discuss with the Welsh Government now, and whoever forms the Welsh Government after the Senedd elections in May, how that reorganisation takes place in Wales. I look forward to working with the First Minister, the noble Baroness, Lady Morgan of Ely, post May, to do that.

Lord Mackenzie of Framwellgate Portrait Lord Mackenzie of Framwellgate (Non-Afl)
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My Lords, I am sure the Minister will agree with me that the big takeaway from the White Paper is the addition, as he mentioned, of 13,000 more neighbourhood officers dealing with anti-social behaviour—cycles on pavements and so on. This is what the public are demanding. Does he also agree that it is wrong to compare the new national force with a British FBI—or, even worse, with the federal ICE agents in the United States, who appear to descend on cities like an occupying army? We have little to learn from that arena.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The national police force aims to look at what regional organised crime units do on procurement and how we buy things for police services, on IT, on forensics—which I know is of interest to my noble friend Lord Stansgate—and on how we deal with strategy across the board. It will make a difference to improving crime outcomes.

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Viscount Stansgate Portrait Viscount Stansgate (Lab)
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I draw my noble friend’s attention to the appalling state of forensic science in this country, ever since the abolition of the Forensic Science Service a decade ago. Is he aware that the Science and Technology Committee of your Lordships’ House, of which I have been a member, is about to produce a report about the rebuilding of forensic science? Can my noble friend and the Government take advantage of the opportunity of this White Paper, which I support, to make real progress, save the forensic science service in this country and rebuild it on a national basis in a way that has not proved possible so far?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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When I was last Police Minister, in 2009-10, I rejected the proposal to privatise forensic science services, and I am pleased I did so. The Conservative Government then privatised forensic sciences and they have not been at the level of service that I would wish to see in the future. In the strategic plan we have now, we intend to bring forensic sciences under the remit of the national police service. We will look at the organisation of that and how it works, but I am of the view that forensic science is key to fighting crime, it needs to be dealt with nationally and it needs to be under strong policing and political management from the centre.

Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026

Lord Hanson of Flint Excerpts
Tuesday 27th January 2026

(1 week, 5 days ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Moved by
Lord Hanson of Flint Portrait Lord Hanson of Flint
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That the draft Regulations laid before the House on 4 December 2025 be approved.

Relevant document: 46th Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 21 January.

Motion agreed.
Baroness Brinton Portrait Baroness Brinton (LD)
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I am grateful to the noble Baroness, Lady Fox, for mentioning those things. I am not quite sure what the questions are, but I can say quite clearly that I do not see a direct line between the public sector equality duty and Black Lives Matter. What I have seen with Black Lives Matter is black people being treated very poorly and some being killed because it was not working properly. The fact that it was not working properly was not because it existed; it was not working properly because the police were not avoiding and fighting discrimination.

On the point about the increase in HR, those of us who are perhaps behind on our fire safety assessments might be concerned about that. Each organisation must assess what it needs to do for all its members of staff. I keep saying to the Minister, “Please don’t just train specialist staff in things like violence against women and girls; it has to be throughout”. Why does it have to be throughout? Because of the equality issues and all the points that were raised by noble Lords who have spoken and, indeed, the noble Baroness, Lady Cash, earlier on, about women being much more likely to be victims of serious crime. That is why we need it: because it is absolutely underpinning everything the police do.

Lord Hanson of Flint Portrait The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
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I am grateful for the opportunity to support the public sector equality duty in legislation and to say to the noble Lords, Lord Davies of Gower and Lord Jackson of Peterborough, that there are times when you know before anybody has even spoken that you are not going to agree with the premise of the argument. This is one of those occasions. I am not going to agree with the premise of the argument, but I will not repeat what the noble Baroness, Lady Brinton, has said. I will only in part repeat part what she said by referring to what Section 149, the public sector equality duty, is.

It says:

“A public authority must, in the exercise of its functions, have due regard to the need to … eliminate discrimination”—


or should the police not be looking at making sure that they eliminate discrimination in their dealings? On harassment, should the police not be ensuring that they are not involved in harassment in their dealings? On victimisation, should the police not be involved in ensuring that they do not victimise in their dealings? It goes on to refer to

“any other conduct that is prohibited by or under this Act”.

It says in this Section, which the noble Lord wishes to remove from legislation, that the police or any public authority should

“foster good relations between persons who share a relevant protected characteristic and persons who do not share it”.

Section 149(5) says:

“Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to … tackle prejudice, and … promote understanding”.


Does the noble Lord think that the police should not have a role in tackling prejudice and promoting understanding? That is what he is saying by seeking to remove this piece of legislation. The section goes on to say:

“The relevant protected characteristics are—age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation”.


Does the noble Lord believe—he obviously does, since he has tabled the amendment—that those protected characteristics should not be ones that the police seek to take into account when dealing with these matters?

The noble Lord has put a perfectly fair argument, but it does not take my listening to it in detail to know, as I would say to the noble Lord, Lord Jackson, that it is not on my core values list or my core approach to how we deal with policing, and it is not how the public sector equality duty is designed. It is designed to embed day-to-day work in all our public authorities. As the noble Baroness, Lady Brinton, said, that leads to better outcomes for individuals and for communities. For policing, the duty is vital to maintain public trust and legitimacy. I say to the noble Lords, Lord Jackson of Peterson and Lord Davies of Gower, and the noble Baroness, Lady Fox, that the Peelite principles mean that the police police with the consent of the community. If they did not take into account the duty not to discriminate, victimise or harass then I am sorry, but that is not a police service that would secure the support of the community in its policing.

Compliance with this duty is not a bureaucratic exercise. It is a practical tool, but one with a moral under- pinning, for better decision-making and accountability. Removing the duty would risk undermining confidence in policing, particularly among those communities that are in the protected characteristic list in Section 149 of the Equality Act.

There are times when we can have a debate, have an argument and, potentially, listen to areas where we will have some movement from either the Opposition or the Government. This is not one of those times. I hope that the noble Lord will withdraw the amendment now but, if he brings it back on Report, I will take great pleasure in asking every Member of this House to vote it down.

Lord Jackson of Peterborough Portrait Lord Jackson of Peterborough (Con)
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I will allow the Minister to dismount from his high horse on this. The fact of the matter, as he knows very well, is that between the election of the Labour Government in 1997 and 2010, when the Equality Act came in, there was still a concern, based on a moral underpinning by the then Labour Government, to improve equality in the workplace and elsewhere. My party brought forward, for instance, the Disability Discrimination Act 1995, which tackled discrimination. The Minister’s party, very rightly, brought forward the Race Relations Act 1976. It is not a moral imperative solely for the Labour Party and this particular Government. There is, however, an argument to be made about bureaucracy and whether the focus is too much on EDI, which prevents senior management and officers at the operational level concentrating on keeping people safe and tackling crime. That is the point that we are making, not that we on this side do not care about people being treated fairly and equally in the workplace and elsewhere.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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From my high position on my horse, I say to the noble Lord that we will take a different view on that. From the position of a very high horse, I think that the amendment from the noble Lord, Lord Davies, would be damaging to community relations, to community cohesion, and to the police’s ability to police effectively. It would give carte blanche to the type of events that have happened in certain police stations in London in the last few weeks. It would also, dare I say it, remove the floor from the policing principle that we do not tolerate those things.

The noble Lord, Lord Jackson, says that certain things have not happened; he mentioned, in response to the noble Baroness, Lady Brinton, that some standards have not been raised in the time of the Equality Act. I remind him that there will be somebody speeding today, and somebody stealing from a shop today. There might even be a murder today. It does not mean that people would not break the law because we did not have that legislation.

The key point is that, with the Equality Act, we are trying to set a public duty that public authorities act with fairness irrespective of the protected characteristics listed in that Act. I think the police would want to—never mind should—be held to that level of account. That is why I have come to the judgment that I cannot support the proposals from the noble Lord, Lord Davies. That is a fair political disagreement between us. I have not done that in a way that says anything bad about the noble Lord’s motives. It is simply that, for me, there is a difference. There is blue/red water between us on this. I am happy to say that I hope he withdraws the amendment today; however, if he does not, we are willing to make those arguments on Report. I hope that, with the support of the Liberal Democrats and others, my noble friends and I would stand up for what we think is right about the Equality Act 2010.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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Would the noble Lord comment on the High Court judgment that said that police impartiality was, in fact, compromised in the example I gave relating to Northumbria Police? That situation directly speaks to this. Will he also reflect or comment on whether he feels that fairness and anti-discrimination has been guaranteed to all by the public sector equality duty when we consider the events and protests that happened around the Sarah Everard case and the, frankly, inexplicable one-sided policing, in many instances, at demonstrations around Palestine, at the expense of Jewish people and Jewish citizens of this country? The argument that the public sector equality duty is a bureaucratic exercise that box-ticks your way to suggesting that everything is fine in the world, whereas some of us are rather more concerned that the status quo is not adequate or good enough in the fight against racism, for women’s rights or, indeed, for equality.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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If the noble Baroness looks at aspects of the Bill before us today and earlier in Committee, and at what we said in the policing White Paper yesterday, she will know that the Government do not accept that standards do not need to be raised. We want raised standards, better vetting of police officers, better performance and speedy dismissal if police officers have done wrong. We want to improve those standards. However, the Equality Act is about basic principles underpinning how public services interact with people in our community. In the policing sense, I argue, as I did a moment ago, that those Equality Act provisions underpin what the police want to do, which is to police with the consent of the community. I cannot agree with her; that is an honest disagreement between us. I ask the noble Lord to withdraw his amendment.

Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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My Lords, I am grateful to all noble Lords who have spoken in this debate; it has been short but stimulating. In particular, I thank the noble Lord, Lord Jackson of Peterborough, and the noble Baroness, Lady Fox of Buckley, for their support.

When considering this matter, there is a question that I would like all noble Lords to keep in mind: what do we want the police to prioritise? Surely the answer is public safety, crime prevention, and the fair and firm enforcement of the law. As I have said, and as the legal framework makes clear, policing is already tightly regulated. The Police and Criminal Evidence Act, codes of practice, judicial review, the Independent Office for Police Conduct and the courts all ensure that police powers are exercised lawfully and proportionately. None of those protections would be removed by this amendment. The entire purpose of the amendment is to remove a layer of bureaucratic obligation that is ill suited to operational policing and increasingly counterproductive. It would allow officers to make decisions based on intelligence, behaviour and risk, rather than the fear of breaching abstract equality issues—but perhaps I am guilty of looking at this from an operational perspective.

If we want the police to be active on our streets rather than passive observers and to intervene early rather than apologise later, and if we want public confidence rebuilt through effectiveness rather than process then we must give them the clarity and confidence to do their job. We must recognise that effective policing is itself a public good and that the most equal outcome of all is a society in which the law is enforced without fear or favour. With that, for now, I beg leave to withdraw the amendment.

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Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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My Lords, I am grateful to the noble Lord, Lord Goodman of Wycombe, for his amendments, which have generated some interesting discussion and points. I will try to respond to those in some detail.

It is accepted across the Committee that counterextremism is a deeply challenging and complex area, and that the Government have a duty to protect their citizens from the harm of extremism, violence and hatred. The approach we are trying to take to counterterrorism is something that the Home Secretary, the Security Minister and I take extremely seriously. It is not appropriate that any citizen should be made fearful for their safety or should be excluded from public or political life on the basis of hateful prejudice. There is already legislation on the statute book to deal with these matters. Our society also rightly rejects those who preach, promote or espouse hatred, and as such everyone has both a right and a responsibility to challenge extremist narratives. I hope there is agreement on what the noble Lord, Lord Pannick, said. The Government will continue to uphold and promote those values across the board.

I will look at the amendments in detail, starting with Amendment 438E, which, in the noble Lord’s words, seeks to require every police force to publish a report on strategies to tackle non-violent extremism within three months of this Act passing. I understand the intention behind the amendment and the need to tackle non-violent extremism. However—I think this again echoes a point the noble Lord, Lord Davies of Gower, made—police forces already work within national frameworks and report through existing channels and imposing a statutory deadline would risk diverting resources from front-line activity and might lead to incomplete or inconsistent reporting. The measure potentially duplicates existing accountability mechanisms and could, as the noble Lord, Lord Davies, said, add bureaucracy rather than improving security outcomes.

Amendment 438EA seeks to impose an annual reporting duty on the 43 forces to report meetings with religious leaders and faith communities. I say to the noble and learned Baroness, Lady Butler-Sloss, and to others who mentioned it—the noble Baroness, Lady Fox and Lady Foster, have talked around these issues—that the impact of what happened in Birmingham resulted in the chief constable of the West Midlands losing his post and it will result in an examination of the practices around that.

However, if we take the amendment in the name of the noble Lord, Lord Goodman, at face value, I am not convinced that such a requirement would improve policing outcomes or community safety. Publishing who met who, when and how, could potentially deter some of the candid dialogue that is sometimes needed behind the scenes to ensure that community cohesion is taken into account. I also do not wish to expose sensitive protective security or safeguarding interactions with places of worship. There may even be some faith communities that do not wish to be seen in their community to be engaging with the police. It is possible, but I want to still encourage the police and those faith community leaders to have meetings. If that engagement is catalogued and publicised, it could undermine some of the problem-solving partnerships that I know the noble Lord wishes to foster.

Amendment 438F proposes including non-violent extremism in scope of the youth diversion order, which we will come on to in due course in Clause 167. That clause reflects the intended scope of that order, which seeks to implement a recommendation of the Independent Reviewer of Terrorism Legislation. That was a very specific recommendation to introduce a new diversionary civil order to better manage terrorist risk from young people. Including non-violent extremism in the scope of that potential order would go beyond the original design and intent that was suggested to the Government.

During policy development, officials have engaged with operational partners and the independent reviewer themselves. In essence, the youth diversion order is not a counterextremism tool for young people who hold divisive, extremist or hateful views but do not pose a risk. That is the key. It would not be proportionate to impose a counterterrorism risk-management tool on a young person who was simply assessed as holding extremist views. There are ways in which we can deal with that. There is the Prevent mechanism generally. There is a range of educational mechanisms that the noble Lord, Lord Marks, referred to for ensuring that we tackle these long-term issues in a much more productive way. I say to the noble Lord that the youth diversion order would not be the specific tool for the type of activity that he seeks to discuss today with his amendment.

In addition, I say to the Committee that there is no statutory definition of or consensus on what would include extremism. This would represent a level of interference with and intrusion on the rights of young people that is not yet even available in adult cases. In practice, the amendment would increase the scope of the order and would overlap with the remit of Prevent, which is designed to deal with individuals who are moving into extremist views but have not yet reached the terrorist threshold.

The Home Office is undertaking extensive counter- extremism work in collaboration with local government departments and the Commission for Countering Extremism. On the points made by the noble Baroness, Lady Foster, I know from my devolved responsibilities in the department that we are discussing those issues with the devolved Administrations.

Turing to Amendment 454A, I agree that transparency is important. The noble Lord, Lord Marks, has pushed for this transparency and has supported the amendment. I say this in the hope of being helpful to the Committee but, if documents such as the rapid analytical sprint on counterextremism were put into public domain, it could, for example, undermine policy development. It might impact upon the integrity of how policy is developed, because we would know that such documents were going to be put into the public domain. It would prevent disclosures, which would undermine the policymaking process, and less robust, well-considered or effective policies may well result.

However, through a range of mechanisms—this is the important point for the noble Lord and his amendment —the Home Office is accountable to Parliament for its counterterrorism policies and the rapid analytical sprint. Members here can debate, as we are now; they can table Questions, as they do; they can table Written Questions, as they do; I can appear before Select Committees, as I did at the European Affairs Committee with the noble Lord, Lord Ricketts, only last week; I can be answerable for Statements; and I can be answerable in debates. Home Office Ministers can appear in private before the Intelligence and Security Committee, where a private discussion between Members of this House, Members of the Commons and Government Ministers on the conclusions can be done in a way that does not compromise security information. It is absolutely right we are held to account for that. Equally, is it absolutely right that, on some occasions, it is done behind a shielded door, where privacy can help with better policy development. Further, we have just submitted written evidence to the House of Commons Home Affairs Committee’s ongoing inquiry into combatting new forms of extremism. My colleague Dan Jarvis, the Security Minister, gave oral evidence to that committee only last week.

There are definitely ways in which we are held accountable to Parliament. However, even if we accepted Amendment 454A and published all those documents, what goes into those documents means that there is a further wall behind them, and so we would not be able to put in them the things that we wanted to.

Amendment 454B, also from the noble Lord, seeks to mandate that, within three months of Royal Assent, the Secretary of State must appoint a dedicated counter- extremism commissioner. I was grateful to the noble Lord for his question the other week. That aspect of policy is not my direct responsibility in the Home Office; I answer for it here, but it is not my direct responsibility, so I was not aware at that time of the status of the Commissioner for Countering Extremism. I thought my letter had helped clarify the matter, but apparently it has not.

To clarify, the previous commissioner, Robin Simcox, left in July last year. As I said in my letter to the noble Lord on 9 January:

“We are currently reviewing the roles and remits of various bodies to ensure our resources are best placed to meet current challenges”.


That means that we are looking at a number of arm’s-length bodies, for which I have overall responsibility, to see whether we need them, whether we can rationalise them and whether we can make cost savings in them. The Commissioner for Countering Extremism is subject to that review. The Home Office has been asked by the Cabinet Office to do that as part of a Cabinet Office-led arm’s length bodies review. We are looking at the roles and remits of various bodies. I do not think that I have spent a single year of my now 30 years in either House without somebody asking why we are not reducing the number of quangos that are operational in departments. That is what the Cabinet Office is trying to do; we are looking at the arm’s-length bodies that we have. That is a general demand, and not to say that I know what the outcome of that review is going to be.

If Amendment 454B, from the noble Lord, Lord Goodman of Wycombe, was passed, it would mean that we would have to appoint a dedicated counterextremism commissioner. We may well do that, or we may not, but these issues are under review. I welcome the work that Robin Simcox has done. I cannot accept this amendment, given that we are still working through the outcome of the review.

I have tried to answer each of the amendments in turn. I am sorry that, in answering them, I cannot accept any of them. However, I hope that I have given legitimate answers as to why we are where we are. I hope that the noble Lord can reflect on those and, in due course, withdraw his amendment.

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Moved by
439: Clause 167, page 205, line 27, leave out paragraph (b) and insert—
“(b) an attempt or conspiracy to commit an offence within paragraph (a),(c) an offence under Part 2 of the Serious Crime Act 2007 (England and Wales and Northern Ireland: encouraging or assisting crime) in relation to an offence within paragraph (a),(d) an offence under the law of Scotland of inciting the commission of an offence within paragraph (a), or(e) aiding, abetting, counselling or procuring the commission of an offence within paragraph (a).”Member’s explanatory statement
This amendment is a drafting change (aligning the approach taken in relation to inchoate offences with that taken in paragraph 1(1) of Schedule 11).
Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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My Lords, Amendments 439 and 446 in my name are technical in nature and provide changes to the provisions concerning the youth diversion orders.

Government Amendment 439 relates to the definition of ancillary offences in Clause 167(3). Clause 167(1) provides that a court may make a youth diversion order if satisfied, among other things, that the respondent has committed a terrorism offence. The definition of “terrorism offence” includes ancillary offences such as aiding or abetting the commission of an offence. This technical amendment ensures that the definition of an ancillary offence operates as it should—I know that the noble Lord will appreciate this—in the context of the Scottish legal system and also aligns the drafting of the legislation with that in Schedule 11 to the Bill for consistency.

Government Amendment 446 relates to Clause 182(2). This disapplies the six-month time limit for a complaint to a magistrates’ court in England and Wales so that an application for a youth diversion order may be made at a later date where necessary. The amendment similarly disapplies the six-month time limit in Northern Ireland. I know that the noble and right reverend Lord, Lord Harries of Pentregarth, also has two amendments in this group. I will respond to those after hearing his representations. I beg to move government Amendment 439.

Lord Harries of Pentregarth Portrait Lord Harries of Pentregarth (CB)
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My Lords, I will speak to the two amendments in my name, Amendments 440 and 445. Amendment 440 would require the respondent to receive citizenship education in British values, and Amendment 445 sets out what those values are. The noble Lord, Lord Blunkett, has also added his name to these amendments. He very much regrets that he is unable to speak this evening due to a commitment chairing a police commission that he is not able to change.

I will make two preliminary points to avoid misunderstandings. First, these amendments are not about personal values or lifestyles. They are about the fundamental political values on which our whole society is founded. Secondly, these values are not a kind of innovation in our law; they already have to be taught in our schools.

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Lord Cameron of Lochiel Portrait Lord Cameron of Lochiel (Con)
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My Lords, I thank the Minister for the explanation given of the Government’s amendments.

We recognise the principle that underpins Amendments 440 and 445 tabled by the noble and right reverend Lord, Lord Harries. Youth diversion orders are intended not simply to punish but to steer young people away from future offending and towards constructive participation in society. The idea that citizen education might play a role in that process is an interesting one. However, we feel that a number of practical and conceptual questions arise from those amendments.

First is the issue of delivery. Citizenship education of the kind envisaged here would require properly trained providers, appropriate materials, sufficient time, et cetera, to have any meaningful impact, and we should be cautious about placing new statutory requirements on the Secretary of State without a clear sense of how they would work on the ground or whether they would be consistently available across different areas.

Secondly, the amendment sets out a detailed definition of British values—or, as the amendment would have it, “values of British citizenship”—built around five specified pillars further defined within the amendment. The noble and right reverend Lord mentioned the Prevent strategy of 2011, which set out four basic values, as a matter of government policy rather than in legislation. I think we all recognise the importance of democracy, the rule of law, freedom and equal respect, but it is fair to ask whether we should enshrine those in legislation and, further, whether this is the right place to attempt such a definition, particularly in the context of youth diversion. Plainly, there may be disagreements about what might be included, as we have heard, how these concepts should be framed and whether a fixed statutory list risks being either too narrow or too prescriptive.

More broadly, we should also consider whether youth diversion orders are the most appropriate vehicle for this kind of civic education or whether those objectives are better pursued through schools, families or community-based interventions that can engage young people in a more sustained and holistic way. But I thank the noble and right reverend Lord for the arguments he made, and I look forward to hearing the Minister’s reflections on the amendments.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The noble and right reverend Lord, Lord Harries, with his Amendments 440 and 445 has commenced a wider debate on the provisions of youth diversion orders. Through the noble Baroness, Lady Brinton, we have had a wider discussion about the purpose of these orders, a point also mentioned by the noble Baroness, Lady Doocey.

The requirements that the noble and right reverend Lord, Lord Harries, has tried to seek for the Committee to add would require, as part of the youth diversion order, the Secretary of State to design a package of citizenship education that can be imposed on a mandatory basis. I recognise that there is a positive intention in that, and I do not mean to argue against that positive intention, but I point the Committee to Clause 169(1)(a) and (b). There is no exhaustive list of requirements and restrictions that can be imposed through the youth diversion order. Clause 169(1)(b) says a youth diversion order may

“require the respondent to do anything described in the order”.

So the order can include a range of measures. Although later on there is a list of potential activities under Clause 169(3), it is also intended that the order is flexible so that the court can impose any requirement or restriction that is considered necessary for mitigating a risk of terrorism or serious harm. There is no restriction on imposing any type of educational requirements on a respondent, provided that they are necessary and proportionate for mitigating the risk.

I come back to the purpose of the order, which is to look at individuals who are not yet at a significantly high threshold to look at how, with police and youth justice services, we can offer interventions on a voluntary basis rather than potentially also as a mandatory requirement. I understand the intention of the amendments, but, again, I take what the noble Baroness, Lady Falkner, has mentioned: there is no definition of the element that the noble and right reverend Lord, Lord Harries, is trying to bring into play.

I argue that a youth diversion order seeks to reduce terrorist risk and actively diverts respondents away from further contact with the criminal justice system but is not as specific or restrictive as the noble and right reverend Lord seeks in his amendment. Police and youth justice services may seek to provide supportive interventions on a voluntary basis, and that could include education. It may well include some wider education about the importance of Britishness or personal development programmes. However, as I have said, supportive interventions may also be imposed on a mandatory basis if the court agrees that is necessary for the purposes of protecting the public. That could be, for example, mandating to attend appointments such as those offered through Prevent, including ideological or practical mentoring. The point that I come back to with the noble and right reverend Lord’s amendments is that they would add a level of prescription that I would not wish to see in relation to the potential court’s activity.

A number of noble Lords asked whether the Government intend to pilot youth diversion orders. The answer is no, not at this moment. If the Bill receives Royal Assent, we will look at having it as an order that is available to the courts and would have the sole purpose, under Clause 169, of prohibiting the respondent from doing anything described in the order or requiring them to do anything described in the order. That could include the very points that the noble and right reverend Lord has brought forward, but I do not wish to restrict the process by being too prescriptive in Clause 169.

With those comments, I beg to move the amendment standing in my name. I ask the noble and right reverend Lord to reflect on the points that I have made and, I hope, not move his amendment.

Amendment 439 agreed.
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Moved by
441: Clause 169, page 207, line 19, at end insert—
“(da) the inspection of any online account accessed by means of a device;”Member’s explanatory statement
This amendment, together with my other amendments to this clause, provide that a youth diversion order may include conditions relating to the inspection of an online account accessed by means of an electronic communication device the use of which is restricted under the order.
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Moved by
446: Clause 182, page 216, line 11, leave out subsection (2) and insert—
“(2) The following do not apply to a complaint under this Chapter—(a) section 127 of the Magistrates’ Courts Act 1980 (time limit for complaints etc);(b) Article 78(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (time limit for complaints).”Member’s explanatory statement
This amendment disapplies the time limit for applications to a magistrates’ court in Northern Ireland (as well as in England and Wales).
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Lord Cameron of Lochiel Portrait Lord Cameron of Lochiel (Con)
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My Lords, this has been a vigorous and wide-ranging debate, dealing with very difficult questions. I thank my noble friend Lord Hailsham for his amendments. Regretfully and unfortunately, I have to disappoint him by stating that I cannot support them because I believe they would significantly weaken the effectiveness of our counterterrorism legislative framework at a time when the threat we face is persistent and evolving. In the words of my noble friend Lord Goodman, there is a darkening context.

The amendments would insert an intent requirement, where Parliament has deliberately chosen not to do so. Sections 12 and 13 of the Terrorism Act 2000 created offences that were crafted to disrupt terrorism at an early stage to prevent radicalisation and normalisation, and to give practical assistance long before violence is carried out. That preventive purpose would be undermined if the prosecution were required, in every case, to prove a specific intent to encourage or to enable a terrorist act.

It is also important to be clear that the current law already contains safeguards, especially in the court process. Prosecutorial discretion, a public interest test and judicial oversight all ensure that these offences are not applied casually or indiscriminately. I entirely accept the point from the noble Lord, Lord Dodds, that these must be applied consistently. The suggestion that individuals are routinely prosecuted and tried without regard to context or fairness is not borne out.

On a different note, I support Amendment 450 from the noble Baroness, Lady Foster. The glorification of terrorism, in all cases, is abhorrent. We have seen such glorification, from certain quarters, of the IRA and Hamas, which serves only to normalise such atrocities. I simply cannot add to the power of the contribution made by the noble Lord, Lord McCrea, and indeed by other noble Lords who spoke in favour of her amendment, which I simply cannot add more to, except to say that I support it and I look forward to hearing the Government’s response.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I am grateful to all noble Lords who have spoken in this debate, beginning with the noble Viscount, Lord Hailsham, supported by the noble Baroness, Lady Jones of Moulsecoomb.

Proscription is one of the most powerful counterterrorism tools that we have. The UK’s proscription regime was established through the Terrorism Act 2000, which noble Lords are aware of, and there is a statutory process for it. Under that Act, the Home Secretary may proscribe an organisation if she believes it is concerned with terrorism. An organisation may be concerned with terrorism if it commits or participates in acts of terrorism, prepares for terrorism, promotes or encourages terrorism, or is otherwise concerned in terrorism. Decisions to proscribe an organisation are not taken on a whim; they are taken on advice from the security services and significant intervention from Home Office officials to examine the case. They are not taken lightly. They are ideologically neutral. They judge an organisation on its actions and the actions it is willing to deploy in pursuit of its cause.

I say neutrally that Palestine Action was deemed to be over the threshold of the 2000 Act and, on advice to the Home Secretary, to be an organisation concerned with terrorism. Once an organisation is proscribed—this House and the House of Commons overwhelmingly supported that proscription—it is an offence to be a member of it, to invite support for it, to make supportive statements, to encourage others to join or support it, to arrange or address meetings to support it in furthering its activities, and to display, carry or wear articles in a way that would arouse suspicion that one is a member or supporter of it.

Amendments 447 and 448 from the noble Viscount would apply to the offences concerning support and the display of articles under Sections 12 and 13. For the same reasons that the noble Lord, Lord Cameron of Lochiel, has given, these amendments would ultimately limit these important offences in such a way that they would become largely unusable in practice. I do not believe that that is his intention, but that would be the practical outcome. In relation to the offence of inviting support, it is already established that the offence requires a knowing, deliberate invitation to support. The changes proposed in the amendment would mean an additional burden for the prosecution to overcome.

I have heard comments, including from the noble Lord, Lord Marks, that belief in or support for Palestine Action should not cross that threshold. Amendment 447 would import a further mental element, requiring intention. That goes to the point made by the noble Baroness, Lady Falkner, that it is at odds with the requirement to prove beyond reasonable doubt that a person intended to encourage, incite, facilitate or otherwise an act of terrorism. To provide a defence similar to the effect for the prosecution to disprove would again undermine the core element of the offence.

Section 13 is currently a strict liability offence, meaning that there is no requirement to evidence the intent behind the conduct, again as the noble Baroness, Lady Falkner, mentioned. It is important that we say to the Committee that free speech is important. The right to criticise the State of Israel and to support Palestine is important. It is also quite right that, if people wish to say that they do not wish to see Palestine Action proscribed, that is also within the legal framework. It is a matter for the police, who are operationally independent, the Crown Prosecution Service and the courts to decide whether a crime has been committed. In particular, the CPS will want to consider, in charging an individual as opposed to arresting them, whether the prosecution is in line with the Code for Crown Prosecutors, which is a vital safeguard that prevents prosecutions from going ahead which are not in the public interest.

I have previously defended in this House the proscription of Palestine Action. The decision was not taken lightly. The police and the CPS have independent action, but I suggest that the noble Viscount’s amendment would, for the reasons mentioned by the noble Lord, Lord Cameron of Lochiel, undermine the purpose of that. I say to the noble and learned Baroness, Lady Butler-Sloss, and the noble Lord, Lord Goodman of Wycombe, that those actions have been taken for a purpose. The threshold has been crossed and I suspect that, for those concerned with Palestine Action, more information will come to light as potential future prosecutions continue, which I think will show why those decisions were taken. We have a court case ongoing at the moment. I put that to one side, but that is my defence in relation to the noble Viscount’s proposals.

Asylum and Immigration: Children

Lord Hanson of Flint Excerpts
Tuesday 27th January 2026

(1 week, 5 days ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett
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To ask His Majesty’s Government whether a child’s rights impact assessment was conducted on the proposals affecting children in (1) Restoring Order and Control (CP1418), published on 17 November 2025, and (2) A Fairer Pathway to Settlement (CP1448), published on 20 November 2025.

Lord Hanson of Flint Portrait The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
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Policy development is ongoing for reforms across the across the asylum and immigration system. Child impact assessments will be conducted throughout the policy development process to consider the impact of the reforms on children, in accordance with Section 55 of the Borders, Citizenship and Immigration Act 2009 and the United Nations Convention on the Rights of the Child.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, that is encouraging, but the UN Committee on the Rights of the Child expects child rights impact assessments to be integral to policy-making from the outset. Deep concern about the likely impact of these proposals on children’s well-being and security and on child poverty have been expressed by, for instance, the Refugee Migrant Children’s Consortium, Barnardo’s and the UN High Commissioner for Refugees. Can my noble friend therefore give us an assurance that a child rights impact assessment will be not just conducted but published without further delay and that the principle he recently enunciated so well in this House will guide final decision-making: namely, that it is really important that, whatever our policy on migration and illegal migration, children do not suffer as a result?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I can give my noble friend the assurance that the United Nations Convention on the Rights of the Child is an essential framework which will guide both Ministers and officials in drawing up the appropriate policies to ensure that we look at the safeguarding, welfare and best interests of the child. My noble friend will know that the proposals about which she has raised questions are subject to consultation up to 12 February. She will also know that I have suggested to her that we meet to discuss those issues outside the Chamber. I look forward to both her response to the consultation and her representations at any meeting we have.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
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My Lords, I suggest to the Minister that there is a very real danger that the need to deal with immigration puts the rights of children at risk. I was delighted to hear what he said, but I am not sure that is across every government department. The welfare of children is paramount, and the rights of children absolutely must not be imperilled by the need to deal with immigration.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I am grateful to the noble and learned Baroness. She will know that the Government have to deal with issues to do with both illegal migration and managed migration. The proposals we are bringing forward are doing that. We are absolutely, 100% committed to doing that within the framework of our United Nations responsibilities and under legislation that both Houses of Parliament have passed previously. I am happy to direct the noble and learned Baroness to the consultation on these proposals, which closes on 12 February.

Baroness Hamwee Portrait Baroness Hamwee (LD)
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My Lords, the impact of these proposals is not only personal to individual children—although, indeed, it is hard to think of a situation more likely to provide adverse childhood experiences than being a refugee or asylum seeker. What assessment has been made of the impact on local authorities: on children’s services, education, leaving care budgets and so on?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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One of the reasons that the Government are looking at the issues of illegal migration and managed migration is to ensure that the United Kingdom is in a position to deal with both those issues in an effective way. The issues of illegal migration and unaccompanied children and managed migration are subject to consultation. One issue in that consultation is how and what support is given to appropriate children, because every child is different and every circumstance is different. The points that the noble Baroness raised are valid, and we are considering them as part of our overall policy.

Lord Rees of Easton Portrait Lord Rees of Easton (Lab)
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My Lords, what safeguards will be put in place to tackle any child destitution that will result from the withdrawal of support from families with failed asylum applications? Building on the last question, it will be a massive challenge for local authorities, but it will also be a huge challenge for local faith groups and community organisations that step in to support communities, whatever happens at national level.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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My noble friend will know that one of the prime drivers of this Labour Government is tackling child poverty. That is not just child poverty at home but is also in relation to how we manage people who arrive in this country. If people are failed asylum seekers and they have been through an asylum system, the Government have to—this is part of the consultation—look at how we manage that issue and, in doing so, meet our obligations under the United Nations rights of the child convention. He is absolutely right about faith groups. I know that we are considering strongly how we manage to support people through this process and ensure, in relation to this Question, that the rights of the child remain central.

Lord Cameron of Lochiel Portrait Lord Cameron of Lochiel (Con)
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My Lords, the criminal gangs currently conducting unlawful people-smuggling operations in the channel are, of course, targeting children as well as adults. However, this morning it was revealed that, under the Government’s one-in, one-out deal with France, only 281 illegal migrants have been removed, yet 350 have arrived. Does the Minister now accept that the deal with France is not working?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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No, I do not, and I will tell the House why. This Government are committed to dealing with our partners in Europe on long-term challenges on migration. The Government that he supported did not make any deals with France, did not talk to the Belgians, did not talk to the Germans, did not talk to the Dutch, and allowed small boat crossings to grow. I am sorry, but I will not take lessons on the management of small boats from a Government who raised the level of small boat crossings to a level that we had to inherit and have to deal with. I am afraid that the noble Lord is wrong on that. I will take him at any time to discuss that issue, in any place.

Lord Meston Portrait Lord Meston (CB)
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My Lords, would the Minister agree that this Question would probably have been unnecessary had the UN Convention on the Rights of the Child been embedded legislatively much sooner in English law, just as it already has been incorporated both in Wales and Scotland, where there is already a clear commitment to undertake children’s rights impact assessments?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The UK Government are committed to the United Nations Convention on the Rights of the Child. I give that commitment to the noble Lord: that is what we are committed to. The policies that we are bringing forward, which are subject to consultation, will be in line with those policy objectives.

Lord Alton of Liverpool Portrait Lord Alton of Liverpool (CB)
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My Lords, the Minister will know that the Joint Committee on Human Rights has been in correspondence with the Home Secretary about children who disappeared from asylum accommodation in the UK: not one or two, but dozens and dozens of children. I would be grateful if the Minister could tell us when we might get an update on what happened to those children. Did they end up being exploited or trafficked when they disappeared? Every single one of those children’s lives matters. When will we be able to find out what happened to them?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I am grateful to the noble Lord. The last hotel that dealt with unaccompanied children was closed by the previous Government in January 2024. At the Home Office we are committed to working with local councils, the police and others to find out what has happened. It is a disgraceful episode that more than 472 children went missing from hotels up to January 2024. We think that about 428 children have now been found, following investigation, but that still leaves some 50 to 60 children who have gone missing. This Government will ensure that we work with local authorities, the police and third sector partners to locate those remaining children. We are going to try to make sure that that does not happen again, by changing the procedures under this Government.

Lord Blunkett Portrait Lord Blunkett (Lab)
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Would my noble friend accept that politics is given a very bad name when people condemn Britain and say it is broken, when they were Ministers in Government—in fact, were Home Secretaries —and were responsible for breaking it?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I think that even the Opposition would agree that another party is welcome to Suella Braverman, in the current context. I have never shared the analysis or the objectives of the previous Government, or the previous Home Secretaries, on how we deal with illegal migration and the serious issues of managing our borders. We have just put through an immigration and asylum Act, which has set up a border command. We have agreed deals with France that are making some difference; we have agreed deals with Germany; and we are looking upstream with Iraq and other countries. We are working internationally. That is all in stark contrast to the performance of the previous Government, who basically let this thing happen without any intervention, and those who now stand up and say they have the solutions are the ones who caused the problems.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, may I take my noble friend back to the question of child poverty? I very much appreciate his answers. Migrant children are disproportionately at the risk of child poverty. I am a great supporter of the Government’s child poverty strategy, but that will not help those children, largely because it is not easing the no recourse to public funds rule. There is a widespread consensus that these proposals, including some that I do not think will be consulted on, will make it worse. Could the noble Lord take that question of no recourse to public funds back to the Home Office, so it can take another look?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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Again, I say to my noble friend that there is a consultation. I will meet with my noble friend to discuss that, with Peers from the Government side who have made representations to me. We will listen to those representations. Ultimately, though, the Government have to act on these issues and when the consultation closes we will assess those responses accordingly.

Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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My Lords, I pay tribute to my noble friend Lord Bailey of Paddington and the noble Lord, Lord Hogan-Howe, for bringing this matter to the attention of the Committee. The noble Lords, Lord Hogan-Howe and Lord Stevens of Kirkwhelpington, and I know all too well the stresses and strains of policing. It is vital that more is done to support our officers. I approach these amendments from the fact that it is impossible to address what we do not measure and, at this moment, policing has almost no reliable national mechanism for measuring accurately the total number of police suicides.

Data from the Police Federation of England and Wales shows that more than 100 police officers and staff have died by suicide between 2022 and 2025, with at least 70 officer deaths and over 200 attempted suicides in that period. Those figures are likely undercounts because there is no statutory requirement for forces to record such events. The federation has also revealed troubling trends in how these incidents are linked with organisational stresses—notably, that 47 of 70 suicides and 173 of 236 attempted suicides that it has identified between 2022 and 2025 involved officers under investigation for misconduct or criminal allegations. That is not simply a statistic; it is a human tragedy that echoes through families, colleagues and communities.

As has been said, police forces are not required to record suicide or attempted suicide, meaning that the true scale of the problem is hidden from view and national suicide statistics do not treat policing as a risk occupation, as they should. Without a statutory duty to record and report, we are asking police leaders to act in good faith alone, with widely inconsistent results. Two of the largest police forces in England and Wales reportedly could not provide their own figures when the federation asked. The amendments would end that inconsistency by placing responsibility for data collection and publication on a statutory footing.

The amendments are not a step taken in isolation from policing leadership. The National Police Chiefs’ Council and the College of Policing are already committed to suicide prevention across the service. They have jointly endorsed a national consensus statement on working together to prevent suicide in the police service in England and Wales, acknowledging the importance of reducing stigma and improving well-being. The College of Policing also leads on national suicide prevention guidance and professional practice, emphasising the duty of forces to recognise inherent risk factors associated with police work and to promote supportive interventions. However, guidance and consensus alone cannot ensure consistent national reporting or create the accountability that comes from an annual report, laid before Parliament, which analyses trends, contributory factors and the effectiveness of support mechanisms under the police covenant.

Requiring chief constables to certify compliance and linking non-compliance to inspection through HM Inspectorate of Constabulary and Fire & Rescue Services will ensure that this is not simply a bureaucratic exercise but a real driver for change. However, without consistent mandatory data, these efforts lack the firm foundation needed to evaluate progress and target interventions where they are most needed. We on these Benches fully support the amendments.

Lord Hanson of Flint Portrait The Minister of State, Home Office (Lord Hanson of Flint)
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My Lords, I am grateful to the noble Lord, Lord Hogan-Howe, for highlighting the amendments that he has put before the Committee today and to the noble Lord, Lord Bailey of Paddington, although he is not in his place, who tabled two of the amendments.

The importance of collecting accurate and consistent data for police officer and staff suicide is certainly relevant. I note particularly that the noble Lords, Lord Stevens and Lord Hogan-Howe, and my noble friend Lord Bach have a significant senior level of experience in these areas. I am grateful also for the comments of the noble and right reverend Lord, Lord Sentamu, and I recognise and note the strong support from the noble Baroness, Lady Doocey, and the noble Lord, Lord Davies of Gower, from the Opposition Benches for the proposals in the amendments.

Every life lost to suicide is a tremendous tragedy and, when that person is part of our police workforce, that loss is even deeper because those officers, as has been said, walk towards danger and see things that everyday citizens do not see. It is only fair that we support them with the same care and commitment that they show to us.

It may help the Committee to know that last year I met the Police Federation chair, Tiff Lynch, when she raised these matters with me. I have to say that this is an issue. We must do our utmost to protect and support police officers and this Government agree that understanding the scale and nature of the problem is essential. As the noble Lord, Lord Hogan-Howe, said, it is important that we understand whether any levels of suicide are linked specifically to a policing role or linked to factors outside of policing that policing may or may not exacerbate, as well as what measures can be taken, as in any walk of life, to help to support and encourage individuals who have mental health challenges or experiences that drive them to suicide. That is why we as a Government are actively considering the best options for achieving that, both in legislation and via non-legislative routes, so that we can deliver meaningful and sustainable improvements without creating unnecessary burdens.

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Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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My Lords, I thank my noble friend Lady Neville-Rolfe for tabling her two amendments. I begin with Amendment 436, co-signed by my noble friend Lord Jackson of Peterborough. I strongly support my noble friend’s efforts to ensure that release statistics are as rigorous and useful as possible. These releases are pivotal to both the police and the public—the police so that they are aware of the types of crimes they are likely to encounter, and the public so that they can judge the performance of police forces for themselves.

As it stands, there is not a standard, reliable measurement of crime rates and statistics. The current accredited metric used by the Office for National Statistics is the Crime Survey for England and Wales, which is helpful in giving an indication of certain crime rates but cannot be described as a foolproof operational tool. It uses an interviewer-administered face-to-face survey, which immediately makes the recounting of crime a choice on behalf of the victim, who may, for whatever reason, decide not to disclose it. It reports only crimes committed against over-16s and excludes crimes against the general public, the state, tourists and residents of institutions.

I understand that this is done so that the survey is unaffected by police reporting or recording changes, but it also creates a crime reporting system deeply affected by human discretion that can similarly not serve as a trustworthy basis. The least we can do is ask that the police are required to record data on the enforcement of offences simultaneously to the Crime Survey for England and Wales releases. It would provide a metric to judge police performance, as it would demonstrate the estimated number of crimes committed compared with those investigated by police forces.

This leads me to my noble friend’s second amendment, also signed by the noble Baroness, Lady Fox of Buckley. Investigations into committed crimes must lead to prosecutions, or else there is little point in maintaining a justice system. Between 2020 and 2024, more than 30,000 prosecutions collapsed. A large proportion of these came from the mishandling or loss of evidence by police. The storage and retention of evidence is an area in desperate need of modernising. It has been described as overwhelming by serving officers and has too often resulted in injustice for victims. The first step in solving this issue is a thorough review of the system as it currently exists before setting out a blueprint of reform. The amendment in question would provide for this, so I wholly support it and I hope the Minister does too. I look forward to his reply.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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My Lords, I thank the noble Baroness, Lady Neville-Rolfe, for her continued interest in improving transparency and accountability in policing. She will know that I am outcome-focused myself, and that I try to ensure that we get outcomes. I note the support from the noble Baroness, Lady Fox of Buckley, and the noble Lords, Lord Jackson of Peterborough and Lord Davies of Gower, for Amendment 436.

The Government have taken significant steps to improve the visibility of police performance. I draw noble Baroness’s attention to the newly established police performance framework. That framework, supported by the Home Office’s police performance unit, provides a robust mechanism for monitoring enforcement activities across all 43 current police forces in England and Wales. This includes the priority offences that the noble Baroness mentioned, such as shoplifting, knife crime and theft.

The noble Baroness mentioned the White Paper; I will respond by trailing some of the announcements that were made in the White Paper yesterday. A key one was that the Home Office will this year introduce an initial sector-facing police performance dashboard that will enable chief constables and local policing bodies to analyse the transparent, high quality and operationally significant data that all three Back-Bench speakers sought. This will empower forces to deliver improvements through strengthening their understanding of where they are performing well and where they can learn from practice in other forces to improve. The framework has been designed to be flexible, and there will be a midpoint review in middle of 2027-28 to allow for the inclusion of any new priorities that might be brought forward. The Government believe that this is an appropriate mechanism for considering additional offence categories, rather than—with due respect to the noble Baroness— mandating them in primary legislation.

I took to heart the point from the noble Baroness, Lady Doocey, that requiring police forces to publish enforcement data on a fixed list of offences might add burdens and administrative duplication, particularly when many of these offences are already captured through a range of other mechanisms, and contradict the later amendments to reduce police bureaucracy. That is an important factor to bear in mind when we consider this proposal.

Furthermore, the police and the CPS are required to comply with the Director of Public Prosecutions guidance on charging, which applies to all offences where a criminal charge may be instituted. This guidance ensures that investigations meet evidential and public interest tests before prosecution. Compliance for that is monitored through an internal assessment framework between the police and the CPS that is crime agnostic and used only for management purposes. A statutory duty to publish enforcement data for selected offences might duplicate those arrangements and divert resources from front-line policing.

In summary on Amendment 436, yes, we need to improve, but we have put in place some mechanisms. We will monitor those mechanisms and, I hope, return to them in due course, without the legislative requirement proposed by the noble Baroness.

The noble Baroness’s Amendment 437 goes to the heart of the core issue of productive use of police time. I again note the support of the noble Baroness, Lady Fox, for this amendment. The 2023 Police Activity Survey, provided by the Home Office, gave us significant insights into how police time is used. We are planning to repeat that survey this year, and I hope it will again help us to understand a bit more about the policing landscape.

The 2023 productivity review, sponsored by the College of Policing’s Centre for Police Productivity, prioritised the rollout of productivity-enhancing capabilities, such as the use of AI and robotic process automation, to reduce the time spent on administration. I know that there are concerns about AI, and I have heard them raised today in Committee. However, when properly used, AI can reduce bureaucracy. In Autumn 2024, we launched the Police Efficiency and Collaboration Programme to explore how we can improve productivity and efficiency savings.

Yesterday, the Government published the policing White Paper, From Local to National: A New Model for Policing—I have a copy to hand for ease of reference. In that White Paper is a comprehensive package of reforms that address the issues in the noble Baroness’s amendment. I refer her to paragraph 91, which says:

“Another area of extensive paperwork in policing comes from the requirements of the criminal justice system. In the months ahead we will work with the Ministry of Justice and the Crown Prosecution Service (alongside the Attorney General’s Office) to examine changes that could reduce the burden on policing. As part of this work, we will look at a number of areas including the disclosure regime and redaction, the use of out of court resolutions, charging and joint police-prosecution performance metrics. We will do this alongside consideration of any new or emerging evidence, such as the implications of the Independent Review of Disclosure and Sir Brian Leveson’s recommendations for criminal court reform”.


We therefore recognise that that is an important issue.

I also refer the noble Baroness to paragraph 293, which says:

“It is expected that in its first year Police.AI will focus on some of the biggest administrative burdens facing policing – including disclosure, analysis of CCTV footage, production of case files, crime recording and classification and translating and transcribing documents. This will free up 6 million policing hours each year”.


The Government are therefore focused on those issues, so I am not convinced that we need a legislative solution to deal with them. With this having been put in the White Paper—it is a brand-new document, and Members will want to have a chance to reflect upon it—the direction of travel is self-evidently there. I hope that the noble Baroness will understand that the core issues on which she is calling for a review are addressed in the document that I have just referred to the Committee.

Lord Jackson of Peterborough Portrait Lord Jackson of Peterborough (Con)
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I am old enough to remember the last time that we looked at regional police forces. That was under the Minister’s erstwhile colleague, the right honourable Charles Clarke, I think, in 2008-09. There is some merit in the argument for amalgamating large forces. However, will the Minister confirm that AI is also important in supporting hyper-local community policing? A burglary takes place in the Met area every 11 minutes, and, tragically, a rape takes place every 54 minutes. There are big discrepancies between, say, Bexley, Richmond, Kingston and central London. Will the Minister ensure that Ministers are cognisant of the need to use AI to reinforce community policing, as well as the mergers of police forces at a very large level?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I am grateful to the noble Lord for that. I refer him to the first line of paragraph 281 of the policing White Paper, which says:

“In policing, getting the right information into the right hands at the right time can mean the difference between life and death”.


That is absolutely right, as is the point that the noble Lord made. AI, particularly how it develops over the next few years, will be critical in distilling information that can be used by police to investigate, capture and understand crime performance in any area. We have some significant expertise in the Home Office that is looking at those issues, and the direction of travel has been set in the White Paper.

In addition to the forces of good using AI, criminals are themselves looking at how they can use AI to better defraud people, so we need to be ahead of the game on that as well. In the White Paper, we are looking at AI in respect of both challenges. We are looking at how it is used by bad actors, and at how we can reduce, collect and analyse information and dissect trends in a much speedier way and take out physical paperwork. The noble Lord makes a very valid point about how that can be used at a local level, as well as on a national trend basis.

The points that the noble Baroness, Lady Neville-Rolfe, is making are very valid. When I was last doing the job of Police Minister in 2009-10, which was a long time ago, we had a review at the Police Federation’s urging. We have tried to reduce paperwork, because it is critical. Police officers should use technology to amass information on how we can prevent crime, bring prosecutions through the CPS and understand trends in local areas, as the noble Lord, Lord Jackson, has said. That is the direction of travel in the White Paper. With those assurances, I hope that the noble Baroness will withdraw her amendment.

Lord Cameron of Lochiel Portrait Lord Cameron of Lochiel (Con)
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My Lords, this has been a short but very interesting debate. Amendments 449 and 454 concern the important and sensitive process by which organisations are proscribed under the 2000 Act.

Amendment 449 in the name of my noble friend Lord Hailsham raises a legitimate question about parliamentary involvement and scrutiny in the proscription process. As we have heard, the ISC has deep expertise, access to classified material and a well-established role in scrutinising national security matters. There is therefore an understandable attraction in ensuring that it has sight of and can report on the reasons for a proposed proscription before an order is made, except in cases of genuine urgency.

It may be, though, that the ISC would be receiving the same advice on issues of proscription from the same organisations, be they the police or the security services, as the Government, so there might be an issue of duplication. It is also important to recognise that proscription decisions often need to be taken swiftly in response to fast-moving threats. The Executive have to retain the operational flexibility to act decisively to protect public safety. I accept that the amendment recognises this through its “urgency” exception, but we need to consider very carefully where the balance should lie between enhanced parliamentary scrutiny and the need for speed and discretion in matters of national security. I genuinely look forward to hearing the Minister’s view on whether the existing framework already strikes the right balance. If there is scope for a greater formal role for the ISC, that cannot impede operational effectiveness.

Amendment 454, tabled by the noble Baroness, Lady Chakrabarti, addresses another important aspect of the proscription regime. As we have heard, it would require each proscription order to relate to a single organisation only. It seeks to strengthen parliamentary scrutiny and accountability. I can understand the argument presented, as usual, so eloquently by the noble Baroness, but I also recognise that these are ultimately matters for the Executive and not the legislature. I await with anticipation the views of the Minister on both amendments.

Lord Hanson of Flint Portrait The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
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I thank the noble Viscount, Lord Hailsham, for tabling Amendment 449 and my noble friend Lady Chakrabarti for tabling Amendment 454. I will try to answer the points raised on both those amendments.

The amendment from the noble Viscount would require engagement with the Intelligence and Security Committee in advance of proscription orders being made. As somebody who served on the Intelligence and Security Committee for five years, I know that it is a trustworthy vehicle which does not leak, and which deals with security service issues from both Houses in a responsible manner. In the light of that, the noble Viscount will be aware that my right honourable friend the Security Minister, following the Palestine Action discussion we had, has written to the Intelligence and Security Committee and expressed his intention to write to the committee ahead of future proscription orders being laid in Parliament and, if the committee wishes it, to give a privileged briefing on the reasons why the proscription is being laid so that the committee can, in confidence, have that detailed information before it. I think that meets the objectives of the noble Viscount’s amendment.

Viscount Hailsham Portrait Viscount Hailsham (Con)
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I am grateful to the Minister. That is indeed a good step forward but it falls slightly short, in that I do not think he is telling your Lordships’ Committee that the committee will be making a report to Parliament.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The time gap between informing and debate would be for the Security Minister to determine. In most cases, I would expect—without wanting to put a burden on my noble friend Lord Beamish as the chair of the committee—that the chair would probably want to contribute to that debate and would be able to inform the House if they felt there were issues they wished to draw to the attention of the House. Although my noble friend Lord Beamish is the chair who sits in this House, there will be a senior Member from the House of Commons who would also be able to answer to the Commons on any issue. So the noble Viscount is right, but the spirit of his amendment is met—though obviously that is for him to make a judgment on.

Amendment 454 had support across the Committee from the noble Lords, Lord Marks and Lord Verdirame, and the noble Baroness, Lady Jones of Moulsecoomb. My noble friend Lady Chakrabarti asked for proscription orders to include one single organisation at a time. Historically, proscription orders have come in groups on many occasions. At the beginning of 2001, some 20 groups were proscribed in one order that took effect under the first statutory instrument made under that order. Four more organisations were proscribed on 1 November 2002, 15 were prescribed on 14 October 2005, and so on. In the interests of parliamentary time and the speed and flexibility needed to put those orders down, that was the case then and it was the case when we tabled the order with three organisations in June and July last year in this House and, at the same time, in the House of Commons. Security issues sometimes require a speedy response, and those issues were dealt with in that way for that reason.

I will give my noble friend one more reason, which she may want to reflect on. There is a threshold for proscription under the 2000 Act. Whether noble Lords like it or not, the decision of the Government was that the three organisations bundled together in the debate in July of last year had all met that threshold. I was available, as was the Security Minister in the House of Commons, to answer questions about each and all those organisations. The advice from the security services and officials, and ministerial examination and judgment of that advice, was that all those organisations crossed the threshold. Individuals might have wanted to vote against each one individually, but if they had, they would have been voting against exactly the same principle in each case—that the organisation had crossed the threshold.

Baroness Chakrabarti Portrait Baroness Chakrabarti (Lab)
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I am grateful to my noble friend the Minister as always for his patience, fortitude and engagement but, with respect, the historical precedent does not answer the constitutional question: would it not be better for Parliament to have an up-and-down vote? Given that Parliament has already decided that it has a role in approving these proscriptions, would it not be a more meaningful approval if it was one organisation per order? Multiple orders can be drafted and signed on the same day. I say this having worked as a Home Office lawyer, including on terrorism matters.

Finally, I say to my noble friend, who I respect so much: this is not about him and it is not about the current Home Secretary. This is about the future and about the checks and balances that noble Lords opposite spoke about so passionately.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I am grateful to my noble friend. I just say to her that the fact that there were three organisations bundled together in July last year did not stop a significant number of Members of Parliament, nor a significant number of Peers, voting against the order. They may have voted against it because they did not like Palestine Action, but I put to my noble friend again that Palestine Action had crossed exactly the same threshold as the two other organisations in that order. The judgment is not a judgment about Palestine Action. It is a judgment about the intents of Palestine Action, in line with the intents of the other two organisations in that order, which the noble Lord, Lord Marks, referred to, and which gave an explanation of their actions.

I was accountable at this Dispatch Box to say that those three organisations had crossed the threshold. Here was an order that we put together for speed and efficiency—accept my logic or do not. Both Houses accepted the logic. Some people voted against, maybe because of Palestine Action, but in voting against Palestine Action the logic was that they were voting against exactly the same tests that had been put against the other two organisations. That is the point. I give way.

Lord Marks of Henley-on-Thames Portrait Lord Marks of Henley-on-Thames (LD)
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I ask the Minister to consider two points. First, the procedure that he has described involves an executive decision that the organisations had crossed the threshold and an executive decision that they ought to be proscribed. That is not a parliamentary decision; far from it. If you are going to give Members of Parliament a meaningful vote, they have to have an opportunity to express a view on each of those proscriptions. That is the first question.

The second question is rather simpler. We have a parliamentary service of unparalleled quality. It would not be beyond the wit of that service, or generally, to devise a system of degrouping whereby, if either one or a number of MPs or Peers wanted the orders to be drawn up separately, they could be drawn up separately. If everybody was content that a bundle of 24, 15 or three orders could be dealt with together, they could be dealt with together. That would involve minimal consultation and a slight procedural adjustment, but it would involve the importation of fairness and good sense into a procedure.

Certainly, those people I know who voted against the proscription of the three had nothing against the proscription of the other two but were concerned that they were being told they had to vote against all three if they wished to argue against the proscription of the Palestine Action group. I ask the Minister to accept that that is unfair and a denial of parliamentary democracy.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I give way also to the noble Lord, Lord Verdirame.

Lord Verdirame Portrait Lord Verdirame (Non-Afl)
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Maybe the Minister can take all the questions in one go. The threshold may be the same, but there are three separate decisions and each decision is based on different evidence. We are dealing analytically with three distinct decisions, and that is the reason why there should be three different orders.

I suspect that the historical examples to which the Minister referred—I am not certain; perhaps he can explain—were cases in which all the various organisations were in the same context, whether it was organisations related to Afghanistan, ISIS or al-Qaeda. What we had in the case of Palestine Action was the lumping together of very different organisations: a British extreme movement and two white supremacist Russian movements. They have nothing to do with each other, and the evidence is different. Does the Minister accept that, in those circumstances in particular, where we are dealing with very different decisions based on different evidence, there should be an order per organisation?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The noble Lords, Lord Marks and Lord Verdirame, have made fair and reasonable points. We group them for speed and efficiency, and historically they have been grouped because we want to clear a number of proscription orders at the same time. However, I put this point on the table for the Committee: if, in the light of the advice of the security services of officials, ministerial interrogation of that and, now, the added locus of the Intelligence and Security Committee having sight of and being able to be briefed on those orders, we brought three orders into one order, the threshold remains the same, and that threshold will have been crossed by those organisations. It might be that its members have a sympathy for the Palestinian cause rather than the Russian nationalist cause, but the threshold decided by ministerial jurisdiction, on advice from officials and the security services, is the same: they have crossed the threshold of the 2000 Act for a terrorist organisation. Making them separate orders would still mean that Members of both Houses would have to vote and say, “We do not accept that they have crossed the threshold”. That is a different decision.

I am conscious of time. Those points have been made. I hope I have put the Government’s case with the response I made to the noble Viscount, Lord Hailsham, and with my “take it or leave it” explanation of the points on disambiguation of the orders. Members can reflect on it. In the meantime, I ask the noble Viscount to withdraw his amendment.

Viscount Hailsham Portrait Viscount Hailsham (Con)
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My Lords, I am conscious that the Committee wants to make progress, so I will be brief. I hope the Minister realises that we are not revolutionaries here; we are all parliamentarians. He refers to the threshold, but the truth is that Parliament never knows the detailed reasons. It is because we do not know the detailed reasons that we want to involve the ISC to a greater extent than the Minister has suggested. I would like to push him to say that there will be a report whenever possible, more than just a statement from the chairman.

As to the noble Baroness’s amendment, it is difficult to see any disadvantage to what she suggests. All in or all out is not a good way forward. The Minister talks about efficiency and speed, in his charming way. However, the truth is that we could lay three orders in one day, each with a separate object; that would be a proper way forward. That said, with your Lordships’ permission, I withdraw Amendment 449.

--- Later in debate ---
Moved by
452: After Clause 190, insert the following new Clause—
“Prevention and investigation measures: online information(1) Paragraph 7 of Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (terrorism prevention and investigation measures: electronic communication devices) is amended as follows.(2) In sub-paragraph (4), after paragraph (e) insert—“(ea) the inspection of any online account accessed by means of a device;”. (3) After sub-paragraph (4) insert—“(4A) The “inspection” of a device, or an online account accessed by means of a device, includes—(a) accessing the device or the online account,(b) examining information held on the device or accessed by means of the online account, and(c) extracting such information.”.(4) After sub-paragraph (6) insert—“(7) An “online account” means an account by means of which information held on a service provided by means of the internet is made accessible.(8) The reference in this paragraph to “extracting” information includes reproducing it in any form.”.(5) Paragraph 8 of Schedule 7 to the National Security Act 2023 (prevention and investigation measures: electronic communication devices) is amended as follows.(6) In sub-paragraph (4), after paragraph (e) insert—“(ea) the inspection of any online account accessed by means of a device;”.(7) After sub-paragraph (4) insert—“(4A) The “inspection” of a device, or an online account accessed by means of a device, includes—(a) accessing the device or the online account,(b) examining information held on the device or accessed by means of the online account, and(c) extracting such information.”.(8) After sub-paragraph (6)—“(7) An “online account” means an account by means of which information held on a service provided by means of the internet is made accessible.(8) The reference in this paragraph to “extracting” information includes reproducing it in any form.”.”Member's explanatory statement
This amendment provides that a measure imposed under Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 or Schedule 7 to National Security Act 2023 may include conditions relating to the inspection of an online account accessed by means of an electronic communication device the use of which is restricted under the measure.