Immigration Act 2016 (Consequential Amendments) (Biometrics and Legal Aid) Regulations 2017

Lord Campbell-Savours Excerpts

Monday 24th April 2017 Lords Chamber

[Lord Campbell-Savours (Lab)]

My Lords, I wish to intervene in a narrow area. As I understand it, Section 141 of the Immigration and Asylum Act 1999 provides a power for “an authorised person” to take fingerprints from an individual in circumstances as set out in that section. One of those circumstances concerns an individual who has been,

“refused leave to enter … but has been temporarily admitted under paragraph 21 of Schedule 2”.

The power is engaged,

“if an immigration officer reasonably suspects”

that the individual might break the conditions of temporary admission relating to residence or reporting. I understand that that group of persons is regarded as high-risk, and that is the justification for taking that action.

However, in the United States of America, under the US-VISIT programme run by the Department of Homeland Security, at least 10 fingerprints are taken. A digital photograph is also taken to log and register facial characteristics. That is done for a group of persons entering the United States who are considered a lesser risk than the group referred to in these regulations. To what extent should we widen the amount of information that is held in the United Kingdom, which is described generally in the regulations as simply fingerprints? The regulations do not describe how many fingerprints are taken but refer merely to fingerprints. Should not the regulations be widened to cover a more comprehensive acquisition of information in the way that I have suggested? Will the Minister give us more information on precisely why we are not going down the more comprehensive American route? Are we absolutely convinced that the amount of data we are collecting is satisfactory and adequate in the circumstances?

[Lord Kennedy of Southwark (Lab)]

My Lords, the regulations before us are not in themselves controversial. As the Minister outlined, they make relatively minor changes in respect of provisions contained in the Immigration Act 2016, the Immigration and Asylum Act 1999 and LASPO. I have read the regulations and the Explanatory Notes and am content that the Government have the required powers. As I said, these are relatively minor changes. No concerns have been raised by the Joint Committee on Statutory Instruments. My noble friend Lord Campbell-Savours raised an interesting point. I look forward to the Minister responding to it. Paragraph 7 in the Explanatory Notes is particularly helpful as it sets out the policy background and why these regulations are needed. Therefore, I will detain the House no longer. I am content with the regulations.

National Identity Cards

Lord Campbell-Savours Excerpts

Tuesday 14th March 2017 Lords Chamber

Asked by

[Lord Campbell-Savours]

To ask Her Majesty’s Government what representations they have received from public authorities since 1 January 2017 on the case for introducing national identity cards in the United Kingdom.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, Her Majesty’s Government are not aware of receiving any representations from public authorities on the case for introducing national identity cards.

[Lord Campbell-Savours (Lab)]

My Lords, following the Brexit decision and its possible implications for national identity cards, have the Government not detected the mood change and change in public attitudes on their introduction, not only in the country but in the Commons, in this House and indeed on their own Benches? Why cannot we now sit down and have a sensible conversation with the Government on the way forward? We could start by supporting the application before the Liaison Committee for an ad hoc committee inquiry into ID cards to be set up in this Session of Parliament.

[Baroness Williams of Trafford]

My Lords, I have not detected any more of an appetite for national identity cards since the Brexit discussions began. The Government will certainly have to think about identity post Brexit, but that will be the subject of discussions and negotiations.

Crime: Firearms

Lord Campbell-Savours Excerpts

Thursday 9th February 2017 Lords Chamber

[Baroness Williams of Trafford]

What my noble friend is referring to has not only a national element to it but also an international element in terms of the multiagency approach. Of course the NCA has regional operations as well, but in terms of keeping the country safe from a national and international point of view the national agencies are very often involved.

[Lord Campbell-Savours (Lab)]

Is there not a distinction between a collector who holds illegal weapons and a criminal who holds illegal weapons, and do the stats that the Minister has produced actually draw that distinction?

[Baroness Williams of Trafford]

There is most certainly a difference between a collector and a criminal, and we discussed this at length in the Policing and Crime Bill. In terms of the arrests and the rounds of ammunition, they certainly will be criminal activities. In terms of the other weapons, there possibly is a distinction. I will try and disaggregate that for the noble Lord, although I will not promise as I did to the noble Lord, Lord Rosser.

Passport Applications: Digitisation

Lord Campbell-Savours Excerpts

Wednesday 18th January 2017 Lords Chamber

[Lord Campbell-Savours (Lab)]

Does this Question not take us straight back to the issue of authenticity of information in national identity documentation? Do Ministers realise that once an amateur takes a photograph, we could end up with civil servants arguing about whether that photograph is an exact image, whether it is dark, whether it was taken at the right angle, and whether it presents an image of the quality necessary to be put into an official document, with the result that they may end up having to return it to the sender for the sender to resubmit it? Is that not a waste of Civil Service time? It will cost the state money.

[Baroness Williams of Trafford]

The noble Lord points out precisely the criteria that are used to measure quality and are required for photographs. Those security standards are no different in the online application process than they were in the old paper process. There was no more risk of the customer getting it wrong under the old system than there is under the new system.

Policing and Crime Bill

Lord Campbell-Savours Excerpts

Report: 3rd sitting (Hansard): House of Lords
Monday 12th December 2016 Lords Chamber

[Lord Campbell-Savours (Lab)]

My Lords, I have spoken about this issue on a number of occasions over the years, most recently in Committee on this Bill. I start where I left off on the last occasion, when I quoted the case of a woman who rifles through the dustbin of a reputable consultant, finds a used condom, smears the contents on herself and makes a false allegation of rape. As the accused has no right to anonymity, he is suspended as a consultant psychiatrist, hauled before the GMC, shunned by his friends, attacked on the internet, loses £100,000 that was part of his income, and is totally discredited in his own community. A life destroyed as indeed was the case made by Cliff Richard when he recently attended a meeting in the House.

I do not want to do a rerun of the speech I gave on a previous occasion. Suffice to say that the noble Lord, Lord Paddick, on that occasion and on this occasion, as a former serving police officer, in my view—and I say to others to read what he said in Committee—made the case completely. My contribution on that occasion was a modest add-on, as indeed it will be today. It will be about the political background to this matter.

Over the years, the resistance has essentially been in the Commons, but the Commons membership has now changed. Anyone who knows procedure in the Commons will know the position there is very different from in here. One can table an amendment in here and have it heard; in the Commons that is not the case. It has to go through two obstacles. First, it might not be selected by Mr Speaker, because there is a selection of amendments in the Commons. Secondly, it might not be heard because of the procedural changes that were made at the beginning of this decade in the use of the guillotine and timetabling in the House of Commons. I am arguing tonight that we please give the Commons the opportunity to consider again this matter, which it has not been able to consider for some years.

What support do we have for the change? The fifth report of the Home Affairs Select Committee in 2003 unanimously said, in the Commons, that,

“we believe that sex crimes do fall ‘within an entirely different order’ to most other crimes. In our view, the stigma that attaches to sexual offences … is enormous and the accusation alone can be devastating. If the accused is never charged, there is no possibility of the individual being publicly vindicated by an acquittal”.

This all-party Select Committee in the House of Commons in 2003 went on to recommend unanimously,

“that the anonymity of the accused be protected only for a limited period between allegation and charge”.

Then in 2003 an amendment was moved by Lord Ackner, whom some Members may recall. I understand that he was a prominent Silk, much called on nationally for his services, and a judge. I want to read the wording of his amendment in 2003 on “Anonymity of defendant in rape etc. cases”:

“The defendant in rape etc. cases shall enjoy the same right to anonymity as is enjoyed by the complainant”.

In other words, he was arguing for anonymity not just at charge nor even to conviction but beyond, in the event that a person was not found guilty. I have the Division list here. When that matter was brought before this House, all those on the Conservative Benches—who I am told are being whipped today; I hope that is not the case—voted in favour of the Ackner amendment for anonymity through the whole process, which would mean that, if someone was not convicted, they would retain their anonymity and would be identified only in the event of a successful conviction.

My noble and learned friend Lord Falconer argued during the same Bill that pre-charge and accused persons should not be named. He supported ACPO guidance. That is one of the problems: the guidance does not work. That is why we are standing here today. If the current guidance worked, there would be no need for an amendment. It does not work. My noble friend Lady Kennedy of The Shaws, who is unfortunately—

[Baroness Kennedy of The Shaws (Lab)]

I am here.

[Lord Campbell-Savours]

Oh, she is here. What my noble friend said is very interesting, because she is one of the great lawyers on our side specialising in human rights. Perhaps I may draw attention to her view at the time on anonymity right through to conviction. She said:

“I strongly urge that this House does not consider allowing anonymity for anyone who is charged with rape. But the Government might look sensitively at the issue of whether someone should be covered with anonymity until the point of being charged … The reason that women will come forward when they see that a man has been charged with rape is because they are confident that they will not be so readily disbelieved if he is clearly doing it to other women”.—[Official Report, 2/6/03; col. 1085-6.]

It is quite clear that, at that time, my noble friend at least had some sympathy for the principle behind today’s amendment.

The former Prime Minister, David Cameron, told Parliament that he believed that,

“there was a case for saying that between arrest and charge there was a case for anonymity”.

“I think”, he went on to say,

“this does represent a good way forward”.—[Official Report, Commons, 2/6/10; col. 428.]

My right honourable friend Caroline Flint, speaking on behalf of the Labour Party in the House of Commons, said,

“the serial nature of the crime that we are talking about is important, because when a crime is reported and people hear the name of the person who has been charged, they feel confident to come forward and stand by the victims”.—[Official Report, Commons, 7/6/10; col. 150.]

Even there, from a spokesman from the Labour Front Bench in the Commons, is an admission that, post-charge, people do come forward. I am not claiming that she would support me on this amendment, but I ask the House to judge her view on the basis of the record to which I just referred.

The Home Affairs Select Committee report in 2014 stated:

“We recommend that the … right to anonymity should also apply to the person accused of the crime, unless and until they are charged with an offence”.

In other words, for the second time the Home Affairs Select Committee of the House of Commons, only two years ago, made the same recommendation—again unanimous.

We then have Sir Bernard Hogan-Howe, a practitioner in the field dealing with these matters. He too says he supports pre-charge anonymity.

Finally, there is the letter of 24 March last year from Theresa May, who is now the Prime Minister, to Keith Vaz, which says:

“The Government accepts the committee’s conclusion”—

that is, the report I just referred to, supporting pre-charge anonymity—

“that there should, in general, be a right to anonymity before the point of charge, but there will be circumstances in which the public interest means that an arrested suspect should be named”.

All these assurances are diluted by the guidance being given to police officers, because that guidance does not work. It is about time that we stood up in Parliament, recognised the deficiency in the way the law is operating and put on the statute book something that requires police officers to operate in a particular way. In this case, as the noble Lord, Lord Paddick, suggests in his amendment, they should at least be required to apply to a judge for permission to release a name.

The product of all this law as it currently exists, and the present arrangements, is that reputations are undermined, families are discredited—as I said in my contribution in Committee—there are suicides, public lives and reputations are destroyed, and individuals are sacked from their employment. I have a desk full of letters written over the last 15 years by men all over the country—many of them in prisons; we do not know what happened in those particular cases—objecting to the way the law works.

I implore the House: please give the House of Commons the opportunity to reconsider this matter. If I lose in the Commons, fair enough—but at least give the Commons the opportunity. It is in our hands. If we vote for the amendment tonight, the Commons will reconsider the matter.

[Lord Carlile of Berriew (LD)]

My Lords, I support what has just been said by the noble Lord, Lord Campbell-Savours, and the amendment tabled by my noble friend Lord Paddick. I apologise for not having been here right at the beginning of the debate. Reflecting something said by the noble Lord, Lord Campbell-Savours, I should state that although this issue affects a number of Members of your Lordships’ House, it affects multiples of ordinary people who are not Members of your Lordships’ House, who have been affected by regional publicity in such cases.

I am almost as dyed in the wool—indeed, dyed in the Welsh wool—a criminal lawyer as the noble and learned Lord, Lord Morris of Aberavon, and I recall two criminal trials in which I appeared that particularly disturb me. In one, which I prosecuted, the defendant was, to my enormous surprise, convicted and sentenced to 12 years’ imprisonment, and had to wait a number of months before the Court of Appeal overturned the conviction on very good grounds. In the second, a case in which I defended, my client was convicted of a number of offences and subsequently, after I had been sacked as his counsel, deservedly won his appeal. Those are just examples of the many cases up and down the country in which local and regional publicity has been a powerful driver.

I want to make two points—they are of quality—which were not covered by the noble Lord, Lord Pannick, either in his speech this afternoon or in the article he wrote on this subject, which I read a little time ago. The first relates to the quality of non-recent sexual offences. In relation to most offences on the criminal calendar, there is no doubt that a crime has been committed and the investigation is as to who committed that crime and whether that person interviewed was involved in that crime. In the case of non-recent sexual offences, it does not need me to persuade your Lordships’ House that there have been numerous allegations of offences which never occurred. The damage that can be done—wherein I move to my second point—when the police work on the assumption that the complainant, often called the victim, is telling the truth means that those cases are quite different. I am not making this up.

--- Later in debate ---

[Baroness Williams of Trafford]

Many cases do not come to trial. I was trying to illustrate the reluctance of people to come forward. People are still reluctant to do so, and the Government do not want to create an environment in which we go back to the practices of times gone by, which is why we have so many allegations of historic sex offences.

Noble Lords asked about safeguards, and of course, as my noble friend Lord Faulks said, we have the magistrates’ court and the High Court. We have College of Policing guidance, which states that the police should not routinely release information about suspects before charge. However, it also makes clear that there are limited circumstances in which the release of such information can be justified.

[Lord Campbell-Savours]

Will the Minister address the issue that was raised by most of the speakers, on the position of people who commit suicide, whose families break up, whose reputations are destroyed or whose careers end, or who are destroyed in their communities, only because the Government of the day—of both major parties—have insisted on pursuing this arrangement, which is clearly not in the public interest? Will the noble Baroness address the agony of the people involved? The fact that some of them are prominent is not so important. Hundreds—there may well be thousands; we do not know—of people out there suffer similarly.

[Baroness Williams of Trafford]

I think I addressed that right at the beginning of my speech, when I said that the Government completely acknowledge the pain that some people have gone through in the course of the last few years—and in the course of history—due to being wrongly accused of crimes which they did not commit. I absolutely acknowledge that point. The noble Lord, Lord Pannick, and the noble and learned Baroness, Lady Butler-Sloss, said that it is an incredibly difficult issue, and I recognise that.

I was going to say something else. The College of Policing is currently developing—

Sexual Abuse: Harassment of Suspects

Lord Campbell-Savours Excerpts

Thursday 8th December 2016 Lords Chamber

[Baroness Williams of Trafford]

I agree with the noble Lord in that we have debated this issue during the passage of the Policing and Crime Bill. We have had some very good debates on it and I understand that there are strong feelings on both sides. However, the point here is that we need to get the balance right. There should be a presumption of anonymity, but in cases where it may allow evidence to come forward or where new victims could feel comfortable in coming forward, it should be the police’s operational decision to release names.

[Lord Campbell-Savours (Lab)]

My Lords, is the Minister aware that in 2003, when there was a Division in this House on this very matter, the whole of the Conservative Benches voted in favour of not only pre-charge anonymity but anonymity post-trial in the event that someone was found innocent, and up to conviction in the event that they were found guilty? If that is the case, how can the Minister possibly sustain the position that the Government are now taking on the Bill going through Parliament?

[Baroness Williams of Trafford]

My Lords, very strong feelings on pre-charge anonymity have been expressed, and I have not in any way sought to dismiss them. The law has changed and we have moved on. However, in the light of some of the allegations of historical sexual abuse—and, as I say, in the light of some of the allegations made this week and last in connection with football—it is important in certain circumstances, bearing in mind that presumption of anonymity, for those names to be released.

--- Later in debate ---

[Baroness Williams of Trafford]

I can tell the noble Lord that the College of Policing is developing the new authorised professional practice on media relations, which covers the release of suspects’ names. It has consulted extensively on this. The existing guidance is clear that we expect forces to adhere to this. However, responses are being analysed. The APP is due for publication in the new year and the Government will reflect on it.

[Lord Campbell-Savours]

In so far as, in 2003, the Conservative Benches voted in the way they did, why do not Ministers arrange for a free vote on pre-charge anonymity on Monday, which is the lesser position?

[Baroness Williams of Trafford]

My Lords, as I say, over time views on this have changed, and views within parties have changed. The Labour Government had a clear view on pre-charge anonymity. I recognise that it is a very difficult issue. However, I stress that it is important to get the balance right between people’s personal liberty and the need to bring people who might be guilty of perpetrating such crimes to justice.

National Identity Cards

Lord Campbell-Savours Excerpts

Wednesday 16th November 2016 Lords Chamber

Asked by

[Lord Campbell-Savours]

To ask Her Majesty’s Government whether they intend to consult the National Police Chiefs’ Council regarding the case for introducing national identity cards.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, Her Majesty’s Government have made it clear that there are no plans to reintroduce identity cards, and therefore there is no need to consult the National Police Chiefs’ Council.

[Lord Campbell-Savours (Lab)]

My Lords, that is very bad news indeed. Now that we have evidence of the availability on the dark web, at a price, of counterfeit passports, driving licences, national insurance cards, credit cards, credit references, NHS treatment entitlement cards, European health insurance cards, utility bills, work permits, bank statements and examination certification, is it not now time to return to the whole issue of national identity cards? We cannot escape this debate any longer.

[Baroness Williams of Trafford]

My Lords, the noble Lord mentioned a number of areas in which there is fraud and counterfeiting. I am sure that in terms of identity cards, it is no different in trying to obtain them fraudulently.

Policing and Crime Bill

Lord Campbell-Savours Excerpts

Committee: 5th sitting (Hansard): House of Lords
Wednesday 16th November 2016 Lords Chamber

Sexual offences can be of a nature where allegations are easy to make, where there is no corroborative evidence and where the consequences for those falsely accused can be devastating. It is time we seriously considered this amendment. I beg to move.

[Lord Campbell-Savours (Lab)]

My Lords, the House is indebted to the noble Lord, Lord Paddick, who has huge experience in this area. I open my remarks by telling a true story. A woman rifles through the dustbin of a reputable consultant, finds a used condom, smears the contents on herself and makes a false allegation of rape. Because the accused has no right to anonymity, he is suspended as a consultant psychiatrist, hauled before the GMC, shunned by his friends, attacked on the internet, loses £100,000, part of which was income, and is then discredited in his own community. Should we not be looking at the law on anonymity for men, as there are many cases of reputations that have been destroyed where prosecutions have been dropped?

I have raised this issue on many occasions over the last 15 years of my membership of this House. To be frank, I got absolutely nowhere. The problem is not in this House, but in the Commons. There are women in the Commons who feel strongly that transparency in the legal and investigatory processes helps to secure a high rate of successful prosecutions. I understand all that. The facts as the law stands speak for themselves: a 31% increase in recorded rapes in 2015 alone; gross underreporting of the crime; one in five women under 60 reporting sexual violence; abuse in the process, as in the recent Evans case; and the disturbing trend—I understand, although I am not a lawyer—of jury vilification, where juries return a verdict of not guilty despite a belief that the defendant is guilty of the violation. The jury, in effect, is nullifying a law it believes is immoral or wrongly applied to the defendant whose fate it is charged with deciding. Finally, there is a low rate of successful prosecutions. That is the background; it is the tension in the Commons that leads to opposition to the change of the law in this area.

These concerns and more stand at the heart of the anonymity debate. Women want early identification so as to counteract their concerns. As Maria Eagle put it in the Commons:

“Rape is often a serial crime and it is often only after many crimes that a perpetrator is brought to court. Previous victims often come forward at that point. That can be essential to the securing of a conviction”.—[Official Report, Commons, 8/7/10; col. 567.]

That is the case in defence of the present arrangements.

There is, however, an appalling price to pay for the denial of anonymity. Lives are being destroyed. The new drivers behind the argument for reform are those whose lives have been ruined by pre-charge publicity: Cliff Richard, Paul Gambaccini and Leon Brittan—as we mentioned—and the many others who have written to me over the years detailing what has happened in their lives. It has meant the loss of livelihood, the loss of friendships, marriages collapsed and families destroyed by the unjustifiable publicity. Even when their names are cleared, they take to their graves an element of residual public prejudice and suspicion. The benefits of transparency have to be carefully weighed against the destruction of people’s lives, which on occasions has even led to suicide. There has to be reform.

We are then told by those who oppose anonymity that you cannot single out the crime of rape from other offences pre-charge. Again, as Maria Eagle put it in the House of Commons:

“In fact, people accused of sexual crimes should not be treated any differently from other defendants. If the Under-Secretary”—

who was across the Dispatch Box at the time—

“singles out rape from all other sexual offences … That will impinge on victims’ capacity to come forward … which will in turn impinge on the conviction rate”.—[Official Report, Commons, 8/7/10; col. 567.]

I cannot, however, understand how singling out rape pre-charge deters reporting by victims when, once a person is charged, goes to court and is placed on public trial, the world is made aware of the nature of the crime that they are alleged to have committed. In a particular case, a man is not tried for previous rapes, as I understand it, but only the rape or rapes that is or are the subject of the prosecution. Surely if, during a trial, further rape cases come to light, and if the evidence is there, further prosecutions can be brought.

We are then told that police guidelines protect the accused prior to charge from adverse humiliating publicity. However, as Mr Blunt, the Minister, said at the Dispatch Box in the other House on behalf of the Government in July 2010:

“It appears to be widely assumed that there is a self-regulation scheme in place that clearly prohibits the reporting of anybody accused of a crime but not yet charged with it. On close examination, however, the 2004 interpretative note does not provide complete reassurance. Nowhere does it contain an outright general prohibition on the reporting of pre-charge allegations. In fact, in the main, no mention is made of the distinction between pre and post-charge reporting at all”.—[Official Report, Commons, 8/7/10; col. 557.]

That is the point that the noble Lord, Lord Paddick, so forcefully put in his contribution. In other words, there is potentially no redress for those accused who are innocent.

--- Later in debate ---

[Lord Campbell-Savours]

Surely they can come forward during the course of the trial.

[Lord Pannick]

The problem is that they come forward during the course of the trial only if there is one. By reason of the publicity, they are encouraged to come forward and present evidence that helps to persuade the prosecuting authorities that the matter should proceed to a trial. That is the difficulty. The noble Lord, Lord Paddick, says that justice should not be achieved at any cost. He is right, but to impede convicting the guilty is a very high cost indeed. That is the first problem.

The second problem is that the amendment would prevent the person accused from publicising the allegation against him in order to express his outrage or possibly to seek alibi witnesses. There are cases in which publicity has been sought by the person wrongly accused and this helps to exonerate that person. I appreciate that this amendment would allow the person accused to seek permission from the judge to publicise the matter in the public interest. But if I am wrongly accused of a sexual offence, I should not need to persuade a judge that it is in the public interest for me to be able to publicise the fact. I am entitled to publicise the matter because it is in my interests.

The third problem is common to restrictions on open justice. You can prevent publication of the name of the person concerned, but you cannot prevent people in the know from gossiping. The consequence is that a larger group of people know the name of the person concerned. Those who do not know inevitably speculate. This amendment or any variation of it would not prevent the press from publicising—and they would—that a famous footballer, a well-known pop star or a senior politician has been accused of a sexual offence. It would not prevent the press from publicising details as long as this does not identify the specific politician, pop star or footballer concerned.

[Lord Pannick]

No. They would not know who the individual was. This of course is very unfair on famous footballers, well-known pop stars and senior politicians who are not the subject of the accusation. Can they issue a press release to say that they are not the person concerned? That is the third problem.

The fourth problem is that the amendment does not address the difficult question of what is meant by being accused. As drafted, the prohibition on publicity would apply whether or not it is the police making the accusation. It seems to suggest that any accusation of a sexual offence would prevent publicity, but how far does this go?

Fifthly, the amendment fails adequately to address when the prohibition on publicity comes to an end. As drafted, the prohibition on publicity ends when the person concerned is charged with an offence. But let us suppose that the police decide not to bring charges and the person concerned is exonerated. Under this amendment, it seems that no publicity is allowed even at that stage—the person concerned cannot tell the world that he has been vindicated and the press still cannot report that a false allegation has been made.

[Lord Campbell-Savours]

The noble Lord has listed a number of objections. He is an eminent lawyer. How would he solve the problem in a way that enables people to protect their reputations when they are innocent?

[Lord Pannick]

The way that people protect their reputations is that we all have to emphasise the importance of the presumption of innocence. It is quite wrong that people such as the doctor to whom the noble Lord referred are subjected to serious detriment simply because an allegation has been made. That is the basis of English law: you are innocent until you are convicted. That is the principle and I do not accept that the nature of the problem justifies an amendment of this sort, which would lead to all the problems I have sought to identify.

--- Later in debate ---

[Baroness Williams of Trafford]

My Lords, I thank all noble Lords who have spoken in the debate. The variety of views on this subject speak to me of just how difficult an issue it is. I also particularly thank the noble Baroness, Lady Brinton, the only woman apart from myself to speak in the debate. This is a very sensitive issue, and many noble Lords have talked about getting the balance right. We think that the Government have got the balance right, and I will explain why.

I shall start with the report by Richard Henriques on the Metropolitan Police Service’s handing of its investigations into allegations of sexual offences by persons of public prominence. That is a further element contributing to the debate. In answer to the point made by my noble friend Lord Attlee, I have been fully briefed on that report. It was commissioned by the Commissioner of the Metropolitan Police, and as I said to this House the other day, the report—including its publication—is a matter for him and for the force. The commissioner has made a public apology to Lord Bramall, to Lady Brittan and to Harvey Proctor for the impact that Operation Midland had on their lives.

At the outset, let me say that the Government fully understand the anguish felt by those who have had their reputation traduced in the media following unfounded allegations made against them. The notion that someone is innocent until proven guilty is central to our justice system and to the rule of law, so the Government have every sympathy for the underlying aim behind the amendment. I will not go into what should be redrafted, but will talk about the amendment as it stands.

The Government also start from the position that there should, in general, be a presumption of anonymity before the point of charge. I believe that there is also a general acceptance that there will none the less be exceptional circumstances in which the public interest means that a suspect should be named. If there is a divide between noble Lords and myself on this issue, it is not therefore one of principle but is about how best to give effect to the shared policy position. For the Government’s part, we are not persuaded that legislation is the right way forward at this time.

One of the principal arguments put forward in support of retaining the public interest exception is that, as the noble Lord, Lord Pannick, said, there will be circumstances in which the police need to publicise a person’s identity to allow further witnesses to a known offence to come forward, or further unknown offences by the same person to come to light. As he also said, witnesses can come forward at a trial only if there is, in fact, a trial. He also made the further point that the accused could themselves create their own publicity around an event.

As the current Prime Minister said in response to the previous Home Affairs Select Committee on this issue,

“While we are clear that transparency and consistency should be at the heart of the criminal justice system, … we recognise that there is a difficult balance to strike in some criminal investigations between the operational advantages of naming suspects and respecting suspects’ right to privacy”.

As noble Lords will know, the issue of anonymity in relation to sexual offences has been debated in this House over many years. Anonymity for complainants in rape cases was introduced in 1976. It was subsequently extended to sexual offences generally. Anonymity for defendants who have been charged with an offence was introduced at the same time, but abolished in 1988. Defendant anonymity was subject to exhaustive consideration before and during the passage of the Sexual Offences Act 2003.

As the noble Lord, Lord Rosser, said, in 2010 the then coalition Government published independent research relevant to defendant anonymity in rape cases, which found,

“insufficient reliable empirical evidence on which to base an informed decision on the value of providing anonymity to rape defendants. Evidence is lacking in a number of key areas, in particular, whether the inability to publicise a person’s identity will prevent further witnesses to a known offence from coming forward, or further unknown offences by the same person from coming to light”.—[Official Report, Commons, 12/11/10; col. 27WS].

The coalition Government declined to proceed with introducing defendant anonymity in rape cases unless the evidence justifying it was “clear and sound”. In the absence of any finding to that effect, they reached the conclusion that the proposal did not stand on its merits and would not be proceeded with further.

While the amendment before us would confer anonymity on suspects rather than defendants, I note the preceding history to highlight the challenges we face in coming to an equitable view on this sensitive issue. There are powerful arguments against conferring anonymity on either suspects or defendants of sexual offences simply as a quid pro quo for that enjoyed by complainants. However, I also recognise that those whose identity is made public, be they persons of public prominence or not, may suffer unjustifiable reputational damage. Noble Lords have given many examples of those individuals. While we may personally empathise in individual cases, this should not blind us to the bigger picture and the very significant reasons that underpin the current regime.

As I have said, it is a fundamental tenet of our justice system that everyone is innocent until proven guilty. There must never be an assumption that being charged or arrested for an offence indicates that a person is guilty of a crime. Introducing a statutory scheme for pre-charge anonymity for sexual offences could be seen to undermine that principle. Indeed, while it is true that a suspect who is not further proceeded against in respect of a sexual offence may nevertheless suffer reputational damage, the same may be true of any other serious offence, such as murder, theft or fraud, as noble Lords have said. As with these other offences, it is absolutely right and proper for the police to have operational independence in deciding whether to name a suspect.

The police are guided in making such decisions by the College of Policing’s authorised professional practice material Guidance on Relationships with the Media. The current guidance makes clear that decisions should be made only on a case-by-case basis and the police should not release the names of those who are arrested or suspected of a crime unless there are clearly identified circumstances to justify it. These would include incidences, for example, where there is a threat to life or to assist the police in the detection or prevention of crime.

The College of Policing is currently developing new authorised professional practice on media relations and has recently undertaken a consultation as part of its development. The consultation closed in July and the college expects to publish its response to the consultation in the new year. It would not be right, therefore, for the Government to pre-empt the outcome and we will await the conclusion of the college’s review. However, the Government firmly believe that non-statutory guidance, rather than primary legislation, is the appropriate vehicle for guiding the police in these operational decisions. It is vital that the police are able to exercise their own judgment and act swiftly in the circumstances where releasing the name of a suspect may prevent further harm, for example.

I must emphasise that public reporting of a suspect’s name is unusual, but in certain circumstances the police authorise release so that any other potential victims of a suspect are encouraged to come forward. The introduction of a statutory scheme would hamper the police’s ability to act in this way. We know that such identification can help other victims to recognise that they are not the only ones who have suffered sexual abuse—as the noble Lord, Lord Rosser, rightly articulated—and this might encourage them to overcome their reluctance to come forward. Victims must feel that they are able to come forward and report abuse to the police as well as get the support that they need. We have seen recently an increase in the number of offences recorded. That is thought to be the result of increased willingness to report among victims and action taken by police forces to improve their approach to investigating sexual abuse. As the noble Lord, Lord Rosser, said, convictions for this offence are still woefully low.

In March this year, the chief executive of the College of Policing, Alex Marshall, wrote to all chief officers and PCCs following a number of high-profile cases concerning non-recent child abuse which had focused public attention on the police approach to victims, both at the point of reporting and in investigating the crime. Mr Marshall’s letter put on record that:

“In cases involving sexual offences, substantial efforts have been made to improve the confidence of victims to come forward and report crimes to the police. It is important that progress is not lost”.

I cannot emphasise this point enough. We must not undermine victims’ confidence in our response to sexual offences. Agreeing this amendment could send a message to sexual offence victims that they are less likely to be believed than victims of any other crime. This would be an undeniably retrograde step.

As has been highlighted in the debate we have had today, there are two issues in relation to this matter. The first is the right of the police to name individuals and the second relates to cases in the media where those being investigated, but who have not been charged, have been named. A number of these cases highlighted in the media have been as a result of information being provided not by the police but from other sources. The guidance from the college to the police does not interfere with the rights of the media to publish information obtained from another source, for example, where such information is provided by a victim of crime or a witness to the crime. The press is self-regulated and develops its own codes of practice. Any reporting which breaches an individual’s right to privacy would need to be demonstrably in the public interest. The Government are committed to an independent press, free from government interference. The majority of the press are members of the Independent Press Standards Organisation and are held to account via the Editors’ Code of Practice. The code stipulates:

“Everyone is entitled to respect for his or her private and family life, home, health and correspondence, including digital communications”.

As noble Lords will be aware, we already have a number of remedies in our justice system to redress the balance where individuals feel they have been treated unfairly—

[Lord Campbell-Savours]

May I ask the Minister a simple question? She used the phrase,

“demonstrably in the public interest”.

What was demonstrably in the public interest in the naming of Sir Cliff Richard for an offence he did not commit, and Leon Brittan, Ted Heath and Paul Gambaccini? What was demonstrably in the public interest in those cases?

[Baroness Williams of Trafford]

My Lords, I will not talk about individual cases, and noble Lords would not expect me to do so. I am talking about the code of practice for the press. I have also just talked about the guidance from the College of Policing. We are committed to an independent press. Noble Lords will already be aware that we have a number of remedies in our justice system to redress the balance where individuals feel they have been treated unfairly by the media and others. This includes resolution through the courts.

In conclusion, and for the reasons I have outlined, I am satisfied that there is an operational need for the police to be able to determine whether to name an individual ahead of charge and that adequate provisions already exist in current legislation and practice to safeguard those accused of a crime without the need for legislating for pre-charge anonymity. I hope that at the end of this rather long debate the noble Lord will feel able to withdraw his amendment.

Criminal Justice: Anonymity

Lord Campbell-Savours Excerpts

Tuesday 25th October 2016 Lords Chamber

[Baroness Williams of Trafford]

I certainly agree with the noble Lord, and in fact we spoke about this very point yesterday. We talked about the need for balance, as well as the responsibility of the media. We can all think of cases where the media have reported in perhaps totally irresponsible ways, so in that sense I concur with what he says.

[Lord Campbell-Savours (Lab)]

My Lords, in her responses to the noble Lord, Lord Lexden, the Minister referred to the public interest, on which this whole argument now turns in my mind. Is she absolutely satisfied that the process by which people determine the public interest is the correct one, and is it not there that the law should be amended?

[Baroness Williams of Trafford]

As I said to the noble Lord, Lord Thomas—sorry, to the noble and learned Lord, Lord Morris; I will be in trouble twice now with the noble and learned Lord—there is a need to look at the guidance through the consultation, and we will take great interest in what that consultation says. However, the balance of public interest comes when the police need to publicise a person’s identity to allow other witnesses to come forward or further evidence to be brought forward.

Investigatory Powers Bill

Lord Campbell-Savours Excerpts

Monday 11th July 2016 Lords Chamber

[Lord West of Spithead (Lab)]

My Lords, I share the view of the noble and learned Lord. I am a simple sailor, and I am totally confused now as to exactly what the noble Lord is trying to do. Are we trying to insert an amendment, or are we having another Second Reading? The noble Lord is continually saying, “As I said at Second Reading”, but we do not do Second Reading a second time.

[Lord Campbell-Savours (Lab)]

Unless you are a Liberal Democrat.

[Lord Paddick]

My Lords, I am trying to demonstrate—and in many cases, obviously, not succeeding—why the 10 tests as set out in the report are necessary, and how the Bill fails to meet those 10 tests.

As I was saying, on the filter, the noble and learned Lord, Lord Keen, in his summing up said that it did not create a database. I said in my Second Reading speech that it creates a virtual database. No doubt, we can discuss that issue when we come to it.

Overall, we feel that having the 10 tests as part of the Bill is an important safeguard for the privacy of individuals, and would place limitations on what the Government can do. I beg to move.