Police, Crime, Sentencing and Courts Bill

Lord Davies of Gower Excerpts

2nd reading
Tuesday 14th September 2021 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I begin by calling noble Lords’ attention to my previous service in the Metropolitan Police. I look forward very much to my noble friend Lord Sandhurst’s maiden speech this evening.

I do not need to remind your Lordships that the Bill covers many aspects. In the time allowed, I will dwell, perhaps superficially, on just a few that I feel are particularly noteworthy at this stage. First, I am delighted that the police covenant is to be enshrined in law at long last, ensuring that the police will always have the support of the nation. Having been at the coalface of policing for many years, I think that this is an important step forward in recognising the daily dangers faced by police. I congratulate the Home Secretary on ensuring that police, support staff and the families who stand behind them will all receive that special recognition that they all deserve. This will create a statutory duty to do more to support the police, placing a requirement on the Home Secretary to report annually to Parliament on progress on the covenant and to ensure that it applies to all those currently in, and—I am delighted to say—retired from, policing roles.

Quite apart from the challenges of everyday policing, police officers are governed by a strict discipline code, which rightly imposes a standard of behaviour far in excess of that expected from the rest of society—so I am delighted that the covenant recognises that working within policing comes with a high level of personal accountability, duty and responsibility, requiring courage and personal risk, both on and off duty. Much of this has been on display during the pandemic, which has seen policing challenged and portrayed in an unpopular light at times.

On the issue of assaults on police and other emergency workers, I share the views of the noble Lord, Lord Pannick, in respect of the sentencing policy of courts. Of course, I fully support the increase in sentencing from one to two years; indeed, I would go further and increase it to five years. However, I believe that the important point here is for the courts to use the power of sentencing more effectively as a deterrent. Assaults on police and emergency workers should be viewed as among the more serious offences, but they are often trivialised by ineffective sentences in the courts. Assaults on paramedics, firefighters and police attending emergency calls should and must be dealt with through forceful sentencing. I call on the Ministry of Justice to be firm in its guidance to the courts on this issue.

I turn to another point. The Police Federation of England and Wales has successfully campaigned for a time-limit amendment to be included in the Bill, in respect of disciplinary investigations. I agree with it that, too often, officers are subjected to long and lengthy investigations without just reason. I have witnessed this myself during my police service, and, as the federation rightly points out, it is a common occurrence for officers under investigation to see their cases drag on for longer than one year, with some lasting as long as eight years. Quite apart from the stress, pressures and unjust nature of such prolonged investigation, it is often the case that officers are found to be acting quite properly but have been subjected to a lengthy disturbance of their career path. Therefore, I fully support the Police Federation’s call for a time limit of 12 months for disciplinary proceedings brought against officers to be introduced, excepting of course that there are sometimes circumstances where 12 months might not be possible.

I come to Part 3 and Clauses 55 to 61, which, in essence, introduce changes to the way that protests are policed in England and Wales. This is perhaps not the time to analyse in great depth the arguments for and against—there is little doubt that this aspect of the Bill will create much debate during its journey through your Lordships’ House—that time will come. However, there is little doubt in my mind that the behaviour in recent months of particular groups of demonstrators on the streets of London, and in the vicinity of Parliament more specifically, has established a clear need to distinguish between the rights of demonstrators to demonstrate and the rights of people and businesses to go about their lawful employment without fear and without being obstructed and prevented from doing so.

It is my firm belief that police should be given every tool available to support them in this task, but I fully realise and recognise the need to carefully balance police powers against those very genuine people and organisations that feel the need to have their voices heard—so I look forward to the progress of the Bill, which I will add my voice to as it makes its way through your Lordships’ House.

Police: Body-worn Videos

Lord Davies of Gower Excerpts

Wednesday 7th July 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

Again, that is a pertinent point. Clearly, every case is different. Police getting evidence to court may well be undermined by material that has been released online beforehand, which may undermine the criminal justice system. A number of factors have to be considered when police are getting evidence to court, but I go back to the point made by the noble Lord, Lord Harris of Haringey: speed is clearly of the essence not only in seeking out justice but in improving public confidence and scrutiny of these issues.

[Lord Davies of Gower (Con)]

My Lords, does my noble friend the Minister agree that early release of material from body-worn videos would play a major role in preventing certain sections of the media and, indeed, politicians of a particular mindset, from jumping in too soon and criticising police action where they have acted appropriately? I cite the Clapham Common vigil as a first-class example.

[Baroness Williams of Trafford (Con)]

My noble friend is right that selective release of video can paint a very different picture from what actually happened. This point has been made again and again. It is absolutely right that these things be released quickly and brought forward in a way that does not undermine the criminal justice system that ensues.

Daniel Morgan Independent Panel Report

Lord Davies of Gower Excerpts

Tuesday 22nd June 2021 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I too pay tribute to the family of Daniel Morgan and to the late Paul Flynn MP, who pursued this matter relentlessly on behalf of the family. The failure of the Metropolitan Police to identify and prosecute any person or persons responsible for Daniel Morgan’s death is deeply regrettable, and I extend my heartfelt sympathy to his family. This was clearly a failure of investigative leadership and of others at the top of the organisation.

The Metropolitan Police has been accused in this report of being institutionally corrupt. By definition, an institution consists of those people within it. I was one of them for 32 years, so let me state clearly that I was not corrupt, neither were the tens of thousands of police officers and support staff who I had the privilege of working with over those years. I do not accept, and neither do my former colleagues—including the noble Lord, Lord Blair of Boughton, the former Metropolitan Police Commissioner—that there is any evidence whatever of systematic corruption in the Metropolitan Police, now or previously. The report has failed miserably to substantiate this general allegation, which frankly is a slur on the reputation of those police officers who have so diligently pursued terrorists and organised criminals and who daily face the dangers of policing this great capital. Sadly, I fear the report will be remembered solely for this unfortunate misrepresentation. I ask the Minister to join me in rejecting the baseless allegation of institutional corruption.

[Baroness Williams of Trafford (Con)]

If I can, I will echo the words of my noble friend Lord Davies of Gower. As I said earlier, thousands of police officers patrol the streets of Greater London, putting themselves in danger and helping the lives of the members of the public whom they serve. The Home Secretary is looking into the institutional defensiveness that goes hand in glove with this report, but it is important to remember that we owe an absolute debt of gratitude to the thousands of police officers who keep us safe.

Napier Barracks Asylum Accommodation

Lord Davies of Gower Excerpts

Monday 14th June 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

As I said to the noble Lord, Lord Rosser, we believed that we were taking reasonable steps to give effect to the PHE advice on the steps to make accommodation as safe as possible. The advice that PHE set out was that self-contained accommodation should be used where available but, if not, how non-self-contained accommodation should be used. I have to say that we acted in an unprecedented health pandemic to ensure that asylum seekers were not left destitute. We took steps, in response to advice from health authorities, and have continued to make improvements throughout. In its letter to the chair of the Home Affairs Select Committee, the PHE set out that we have been working with it on Covid matters since spring last year.

[Lord Davies of Gower (Con)]

My Lords, we have heard that the High Court found in the Home Office’s favour in a number of areas, not least in rejecting the claim that conditions at Napier amounted to inhuman or degrading treatment. Surely Napier barracks is nothing less than a distraction from the real issue of the French authorities failing dismally in their duty to protect seaborne migrants by preventing them leaving the safety of French shores. Given the enormous contribution that the British taxpayer is making towards this effort in France, can the Minister give an explanation that I can take back to the many people who are, frankly, baffled by the inadequacies of French law enforcement in preventing migrants crossing the channel?

[Baroness Williams of Trafford (Con)]

I fully concur with my noble friend that any journey across the channel is perilous and, as we have seen on many occasions, leads to people who take those journeys dying or ending up in the sea. The only people who benefit from those journeys are the criminals who facilitate them. We continue to work with the French to ensure that people do not take those journeys from the French coast. To that extent, we hope that things will improve.

Stop and Search

Lord Davies of Gower Excerpts

Wednesday 3rd March 2021 Lords Chamber

[Lord Davies of Gower (Con) [V]]

As a former police officer, I recognise the importance of stop and search as a tool—but training is a recurring theme in the report, which is clear that:

“The results of our review of stop and search records suggests that supervisors need further training on their responsibilities and how best to supervise their officers’ use of stop and search powers.”


It goes on to say:

“Research shows that lasting improvements are only achieved when a force’s culture promotes diversity, inclusion and equality.”


I argue that these ingredients are the responsibility of those at the top and throughout the organisation to develop and engender. Does my noble friend agree that if the police are to rid themselves of accusations of disproportionality, they must first address these training issues at all levels?

[Baroness Williams of Trafford (Con)]

I totally agree with my noble friend because good training and, as he said, diversity, with enforcers, should really improve the performance in this area. Training is crucial because, unless these officers are trained, they will not be equipped to deal with these issues.

Operation Midland

Lord Davies of Gower Excerpts

Thursday 11th February 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I have met the family of Lord Janner. I am not sure that it would be appropriate at this point to meet Lady Brittan, which does not mean that my sympathy for her is any diminished from what it is for anybody whose family member has been falsely accused of something they did not do.

[Lord Davies of Gower (Con) [V]]

My Lords, I declare an interest as a former Metropolitan Police officer. The inexcusable and hapless supervision of this matter from the very top of a once proud and competent investigative organisation has left a trail of victims feeling very hurt and bitter. Spurred on by unforgivable political interference, those supervising and having overall responsibility for this investigation permitted uncorroborated evidence from a now disgraced fabricator of evidence to be believed and invested in. That fact speaks volumes for the lack of management and detective ability of those at the top of the organisation at the time, who have now been allowed to move on to more prominent roles. Are we to understand that the Home Office, as the lead government department for policing, is content for this stigma to fester; and is it not time to review the downward spiral of detective recruitment and training in the Metropolitan Police?

[Baroness Williams of Trafford (Con)]

I agree with my noble friend that anybody who has been falsely accused or caught up in some of the inadequacies of investigations has my absolute sympathy, because it ruins lives; but in terms of remedy of institutional failures, we currently have the IICSA inquiry, and I hope that that will bring some sort of closure to the families and people affected by those institutional failures.

Police National Computer

Lord Davies of Gower Excerpts

Tuesday 19th January 2021 Lords Chamber

[Lord Davies of Gower (Con) [V]]

[Inaudible]—that the Home Office is moving swiftly to rectify what we now learn was the result of human error. That error was in fact exposed by the Times last week. What troubles me—this has already alluded to by the noble Lords, Lord Rosser and Lord Paddick—is the latest report, again in the Times, that the Metropolitan Police Commissioner has apparently told the Home Office that the police has lost confidence in its ability to complete big IT projects—that is really serious—and that

“the Home Office was warned 18 months ago that a lack of investment in ‘creaking’ databases put the public at ‘significant risk’”.

That is at odds with the opening paragraph of this government Statement. Does the Minister accept that this, combined with the loss of access to certain EU databases from 1 January this year, now has the potential to present us with a perfect storm with regard to our security and policing? What plans do the Home Office have to alleviate this problem and to reassure law enforcement agencies and indeed the public?

[Baroness Williams of Trafford (Con)]

I do not disagree with my noble friend that the confidence of the police and our operational partners is absolutely crucial to the delivery of these systems. Many of our systems are of course large and complex, and some of them date back some time—the noble Lord, Lord Paddick, talked about the Motorola project. We share the concerns about delays. That is why we are reviewing delivery, to ensure that projects are delivered as efficiently as possible to protect the public. As I said to noble Lords previously, I have taken a personal interest in the ESMCP because it is an absolutely crucial project to get right and to get delivered without any further delay.

Domestic Abuse Bill

Lord Davies of Gower Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Lord Davies of Gower (Con) [V]]

My Lords, domestic abuse is abhorrent—a cowardly offence which takes place behind closed doors and often, through fear or embarrassment on the part of the victim, goes unreported and unnoticed. I am therefore delighted to see this Bill before your Lordships’ House.

In my policing experience, I have found that it is not confined to a particular section of society. It is fair to say that alcoholism and the effects of drug taking play a part in many of the cases which come to notice. Neither can it be said that it is confined to a particular age group. According to the Older People’s Commissioner for Wales, many thousands of older people in Wales experience domestic abuse—a single or repeated act by their partners, which causes harm or distress to them as well as to other members of their family. I wish to address issues concerning older members of our society.

Some older people will have experienced domestic abuse for most of their adult lives, whereas it may have started for others as they reached older age or developed particular health conditions. In the commissioner’s view, it is therefore difficult to know the true scale of domestic abuse faced by older people, as existing available data relies on reports to adult safeguarding teams and the police, which of course do not show the level of abuse that remains hidden behind closed doors. For example, the available statistics in Wales show that during 2018-19, 1,321 reports of domestic abuse of people aged over 65 were made through local authority safeguarding teams, and in 2017-18, almost 3,500 domestic abuse incidents with an older victim were reported to the police in Wales.

Despite the levels of domestic abuse faced by older people, and the fact that one in four domestic homicide victims in the UK is aged over 60, there is an alarmingly low prosecution rate for all crimes committed against older people. Only around 1% of all crimes committed against an older person lead to a prosecution, compared to around 19% for all crimes committed.

The Crime Survey for England and Wales is a key source of data on the prevalence of domestic abuse, but has traditionally not collected data on the experiences of adults over the age of 74. Without this data, the voices and experiences of this age group risk being ignored and not considered when decisions are made about the allocation of resources to support victims of domestic abuse. As a result of the attention drawn to this issue, I understand that the ONS has agreed to remove the upper age limit on recording domestic abuse in the national crime survey. This means that everyone aged 75 and over will be able to record their experiences as victims of domestic abuse.

I agree with the Older People’s Commissioner for Wales when she says that to increase the visibility of domestic abuse of older people, as well as the rate of reporting and prosecution, it is vital that more is done to raise awareness among the public and professionals about older people’s experiences of domestic abuse and the support available to those at risk of, or experiencing, abuse.

As well as understanding the effect that dementia can have on experiences of domestic abuse, research has identified that a disabled person is at twice the level of risk of experiencing domestic abuse of a non-disabled person.

The availability of specialist support services and older people’s awareness of them is often very limited, meaning that older people will often remain in or return to an abusive situation, which can negatively impact on their health and well-being and put them at risk of harm. Services are also not effectively targeted at older victims, and do not always meet their needs. In many cases, older people experiencing abuse often have difficulty accessing alternative and suitable housing options that meet their needs; this applies equally to accessing refuge provision.

The Covid-19 pandemic has been a particularly difficult time for older people living with abuse, and the lockdown measures put in place have also created situations where older people may be at greater risk of abuse. Many of the usual opportunities to identify abuse—through contact with professionals at routine appointments, for example—have been limited, which means that older people could be missing out on potentially life-saving help and support.

The Bill can effect change for older people. I welcome it and look forward very much to making further contributions as it progresses and gives succour to abused persons of all age groups and backgrounds.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Lord Davies of Gower Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 11th November 2020 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I too congratulate the noble and learned Lord, Lord Stewart of Dirleton, for his presentation of the Bill this afternoon, while being in at the deep end, as it were, at the Dispatch Box. I also congratulate my noble friend Lord McLoughlin, who I have worked with outside of Westminster on other issues and for whom I have great respect. I congratulate the noble Lord, Lord Walney, for a very passionate speech—as passionate a speech as we will probably ever hear in this House.

I am delighted to have the opportunity to speak at the Second Reading of the Bill, which I strongly support. I am afraid that we live in a very real world of terrorism and organised crime. It is, sadly, omnipresent. Criminals deal in any commodity that will give them a financial return. It can be fraud, drugs, people trafficking—whatever. They have no qualms as to where they make their money so we need to be ahead of the game. It is therefore the duty of Parliament to give our security services and law enforcement agencies as many tools as we can to counter terrorism and organised crime.

I believe that this Bill, which provides an express power to authorise covert human intelligence sources to participate in conduct that would otherwise constitute a criminal offence, is long overdue. I say this as someone who has been a member of the Counter Terrorism Command at the Metropolitan Police. I was also a member of the National Crime Squad, the forerunner of today’s National Crime Agency, where I ran a number of such operations. Some aspects of the Bill are clearly unpalatable to Members of your Lordships’ House but it is a Bill that, at long last, recognises the need to provide a statutory power to authorise CHIS to participate in criminal conduct when it is deemed necessary and proportionate to do so.

Although I support the Bill, I want to highlight a couple of issues that are clearly of concern. Human rights issues are paramount but so is our duty of care to all the actors in any CHIS operation. Any authority in its breadth needs to take notice of the practical issues in order to protect the agent. During an operation, a suggestion by the targets to the operative to commit an offence will come in real time and, in all probability, when he or she is out of contact with their handler. The operative needs to know exactly what the limitations of his or her criminal conduct are. There is no provision for retrospective authority, and that creates real difficulty in that the type of conduct suggested may differ from or exceed what has been authorised. For the operative to maintain his or her cover, authority may therefore need couching in terms that allow some discretion as to the precise scope of the remit. This is not to say that an agent has carte blanche to do whatever he or she wishes but there must, for practical reasons, be a level of flexibility built into the system. At present, I am unable to detect that in the Bill or, indeed, the codes of practice. Any illegal conduct will, of course, require justification at a later criminal trial, and it goes without saying that any breach of the absolute rights contained in the ECHR can never be permitted.

The use of children has been much exercised today. It is unpleasant—there is no doubt about that—but at times, in this very real world, I contend that it is necessary, particularly with issues that have been mentioned, such as county lines, paedophilia and child trafficking. If it has a long-term benefit to other children, I consider that that makes it necessary. Also much exercised today is the level of authority and why members of the judiciary should not be involved in the process. Some might say that it introduces a new level of unwanted bureaucracy. I agree with that. The Investigatory Powers Commissioner’s Office provides comprehensive independent oversight of the use of investigatory powers as outlined in the Investigatory Powers Act 2016. That oversight includes the inspection and authorisation of the use of these powers.

In conclusion, I have some reservations on the public bodies issue. I agree that police could fulfil some of those actions when required. I very much look forward to Committee and further consideration of the Bill.

Asylum: British Overseas Territories and Ferries

Lord Davies of Gower Excerpts

Monday 5th October 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

Noble Lords will have gleaned from my right honourable friend the Home Secretary’s speech yesterday that dismantling those trafficking business models, as the noble Lord said previously, is key to bringing forward safe and legal routes, but the only people who are benefitting currently are the people traffickers.

[Lord Davies of Gower (Con)]

My Lords, while accepting that we must do everything humanly possible to help those arriving on our shores claiming to have been persecuted in their native countries, the Government’s first duty must be to protect UK citizens. What assurance can the Minister give that those immigrants awaiting assessment who are being placed at various locations around the UK, such as the Penally camp in west Wales, do not have a history of criminality which could be a threat to local residents who, along with local political representatives, it seems were not warned of their impending arrival?

[Baroness Williams of Trafford (Con)]

It is very important that local authorities are not only warned of impending arrivals but consulted with and engage with the people arriving. Criminals should be assessed quickly and expeditiously, and I think that no noble Lord would disagree with criminals who need to be deported being deported quickly.