Police, Crime, Sentencing and Courts Bill

Lord German Excerpts

2nd reading
Tuesday 14th September 2021 Lords Chamber

[Lord German (LD)]

My Lords, I will touch on two issues in this Bill which have not yet been discussed, but I refer first to the Christmas tree on which it stands. Noble Lords will know that, among the baubles on the Christmas tree, some are distinctly ugly, some are out of place, some fall on the floor and get broken, and some are the wrong size. What is worse with this Bill is that the Government are granting themselves the powers to choose many of the baubles, without Parliament knowing their shape, size or intent—such as the definition of “serious disruption” or “qualified homicide”. Noble Lords have been well served by the two reports we have seen coming before us from committees of this House, soon to be followed by a third report from a joint committee on how such Bills should work on a policy approach. I think that report will give arguments which will help the House to deal with the Christmas tree.

The first issue I want to discuss is a devolution matter. Part 2 Chapter 1 of the Bill requires specified authorities to collaborate with each other to produce a strategy for preventing and reducing serious violence in the local authority area. Alongside the justice, prison, police and probation services, what are the bodies that will be required to collaborate? Obviously, they are local authorities, education establishments, health services, social and mental health care, et cetera. The Bill says, for example, that the strategy can specify actions for an educational authority to carry out.

So I raise this question for the Minister today. In Wales, all the services I have listed are within the competence of the Welsh Government. Powers over these areas are not reserved to the UK Government. The UK Government invite the Welsh Government to describe the sort of person they would like to participate in preparing a strategy, and that is all there is on engagement with the Welsh Government. So where are the Government’s powers that they intend to use for engaging the services I have mentioned in Wales? Where is the power to require education establishments in Wales to undertake any actions that they are seeking? Are the Government looking for legislative consent Motions to make this work? What discussions have they already had with Welsh Ministers? If the notion of a local strategy is to have any meaning in Wales, it will have to engage with a wide range of services outside the control of the UK Government. But the Bill says that they will consult Welsh Ministers but will not require their consent. Clarity is needed on this matter. The Government must not ride roughshod over the competence of devolved government. A sensitive approach to devolution is vital if this Government are to have any chance of succeeding in meeting their objectives in Wales.

Logically following this, I want to say a few words on the rehabilitation measures in Parts 7, 8 and 11 of the Bill. The recent reorganisation of the probation service has brought into focus the need for collaboration with a wide range of local services. Unfortunately, while the Government propose a degree of local autonomy on local provision, they fail to provide the financial resource to make genuine joint working possible. Successful rehabilitation requires the support of many services which sit outside justice provision: housing providers, social services, mental health care services, the voluntary sector, employers, training establishments, drug dependency support agencies—the list goes on and on. But all these services require support, some of it financial, to provide the people to meet the extra demands that this Bill will place on them. These local services cannot rely solely on fresh air. If they are not set up properly, they will fail without the resource, and then the Government’s ambitions will fall with them.

Perhaps I am badly considering what the Government are proposing in the Bill. Rehabilitation in the Prime Minister’s eyes seems to be getting offenders to wear hi-vis jackets with “Ex-prisoner” printed on the back and painting the railings of a local park—the modern equivalent of a chain gang. This approach is totally demeaning and doomed to fail. We need a mechanism to bring these services together in a way that promotes joint local action, with the rehabilitation activity foreseen as an end in itself. Apart from coercion and direction, as stated in this Bill, what steps will the Government take to promote co-operation at local level throughout the country? What discussions have the Home Office and Ministry of Justice had with these departments which support the type of work which ensures that vital rehabilitation can succeed?

This Bill will lead to 700 more prisoners in our prisons—overcrowded already, with remand prisoners sharing cells with convicted prisoners. It just will not succeed. This Christmas tree is sagging badly, and it could topple over without much effort.

Antique Firearms Regulations 2020

Lord German Excerpts

Wednesday 6th January 2021 Grand Committee

[Lord German (LD) [V]]

My Lords, I welcome the policy intent of these regulations and the Minister’s introduction to them. They seek to remove a category of firearms from harmful and malevolent use.

However, the Minister must explain the delay in bringing forward this new law. It is now over three years since the consultation on these regulations ended. The Government’s response to this consultation was published only last November, and that took just under three years. If the obligation to protect the public from harm is the prime objective, keeping the country waiting for this length of time is certainly not the way to go about it. I am bound to draw a parallel with the Surrender of Offensive Weapons (Compensation) Regulations 2020, which had a very similar consultation period, from October to December 2017. It took two and a half years to bring forward that legislation as well. Can the Minister reassure the Committee that there is no endemic failure in her department that prevents public safety measures of this sort being dealt with at pace?

One piece of information that was not clear from the documentation supporting the regulations is the source of the antique firearms recovered during criminal circumstances. The Explanatory Memorandum states that the current situation

“is being exploited by criminals to obtain old but still functioning firearms.”

Can the Minister explain how criminals are obtaining these weapons? Are they being purchased on the open market or are they being stolen from collectors, dealers or museums? If they are being purchased on the open market, that obviously adds considerable strength to the case the Minister made for these regulations.

However, on their own, these regulations will be insufficient because licensing alone does not completely stop malevolent use, particularly from theft of weapons of this sort. Supplementary to that issue, is it safe to assume that collectors and museums would not wish to render these weapons useless as firearms by altering or damaging them in any way because they would then lose market value or, in the case of museums, their importance as genuine artefacts?

As a result of the delay in implementation, these regulations are being introduced in the midst of a lockdown. This is particularly important for the impact on museums. At present, all museums are closed, certainly for the next few months and possibly for longer. That is right across the UK, not just in England. Many museum staff are furloughed, particularly for museums run by charities and private sector bodies. Zero income is being achieved through visitor entries and other footfall and their financial future is challenging to say the least.

The impact assessment demonstrates that these regulations will have cost implications for museums. For those affected by the regulations—some 200 museums in all—the costs fall unevenly on smaller institutions. The figures given in the impact assessment are £200 for a licence and £3,000 for appropriate storage facilities. These set-up costs can be crippling when museums are struggling with the effect of the pandemic and when there is zero visitor income. So much of their revenue comes from entry charges, where there is no free entry support from Governments across the UK, and from sales in catering and shopping outlets—as any visitor to the Imperial War Museum will see, these are very important—as well as any income they get from corporate and sponsored function hire. All of these options are closed. Will the Government, having delayed the introduction of these regulations since the consultation period ended more than three years ago, provide an appropriate period of grace, not just a fixed three-month period, for museums—at least to coincide with museums’ ability to bring staff out of furlough and recommence income generation so that they are not hit with a financial burden when their income is zero?

Finally, I welcome the regular review indicated in the regulations and the review body proposal. The challenge for the Government is to achieve an appropriate balance on the review body between the interests of collectors and dealers, law enforcement and museums. Can the Minister tell us the arrangements the Government are making for that balance to be achieved? With satisfactory answers to these points, it will be appropriate to welcome these regulations.

Lightweight Polyethylene Chest Plates

Lord German Excerpts

Wednesday 30th September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I can advise that, clearly, the durability and usefulness of light materials are incredibly important, as my noble friend points out. Polyethylene plates have been shown to meet the rigorous testing that we demand.

[Lord German (LD)]

My Lords, those who wear this body armour and protect us will want some comfort from the government following the reports referred to by noble Lords. Currently, the Government have three bodies that accredit this work; two of them are in the United States of America and one is in Germany. They are supposed to check this body armour every two years. To provide the comfort needed, can the Minister tell the House when these materials were last sent back to those three checking agencies to be tested?

[Baroness Williams of Trafford (Con)]

I cannot give the noble Lord a date for when it was last tested, but I can certainly go back and get that information. I hope that that will provide the comfort he seeks.

Port Examination Codes of Practice and National Security Determinations Guidance Regulations 2020

Lord German Excerpts

Friday 10th July 2020 Lords Chamber

[Lord German (LD) [V]]

My Lords, I hope that the Government will publish the statistics on the use of these regulations, particularly on the religious affiliation of those stopped under Schedule 7, so that Parliament can be assured that accusations based on religious and racial profiling do not occur. I hope that the Minister will be able to give us that reassurance.

Like many other noble Lords, I am concerned about the points of entry, and I want to ask specifically about free ports. The British Government have said that they want the first to be opened in the UK by 2021. Meanwhile, the European Commission has said that free ports’ special regulatory status has aided the financing of terrorism, money laundering and organised crime. There are 82 free ports in the European Union, so the EU has a great deal of experience in dealing with them. It is clamping down on them because they pose a security risk due to the high incidence of corruption, tax evasion and criminal activities such as people smuggling, corruption and money laundering.

Can the Minister reassure the House about the steps that the Government are taking to regulate the UK’s proposed free ports, and can she say whether these regulations will apply fully in such free ports to ensure that the EU experience does not happen here?

My second question relates to the codes of practice and training. The codes lay out the training and accreditation regime for police and officials exercising the powers, and they refer to nationally approved programmes and the compulsory nature of these training programmes and their accreditation. Since these codes of practice have legal effect only from the passing of these regulations, can the Minister outline the preparatory work that has been undertaken to ensure a seamless transition to the new training and accreditation regime? How long will it take to get the new schemes up and running, and are we right to assume that the officials and police who currently exercise the powers outlined will be able to continue in their roles while awaiting the new training and accreditation scheme to be embedded?

Surrender of Offensive Weapons (Compensation) Regulations 2020

Lord German Excerpts

Wednesday 8th July 2020 Lords Chamber

[Lord German (LD) [V]]

My Lords, these regulations have been a long time in the making, particularly given the importance of the issue they address. Knife crime especially is a terrifying and terrible offence and the incidence of these crimes continues to cast a black cloud over so many communities in our country. The 2019 Act brought in the sections to which these regulations now seek to give effect. I hope that the Minister can explain why this has taken so long, given the urgent need. How many other regulations under the Act still need to be produced? There is no purpose whatever, of course, in having a hollow shell of an Act.

We are missing supporting documents for these regulations—because of the Covid-19 pandemic, we are told—so we have to ask questions to flesh out the details. As the Explanatory Memorandum admits, the Secretary of State is to “introduce arrangements” to allow these regulations to be carried out, but we are not told what these arrangements will be. In her Written Statement to the House on 11 June, the Minister said:

“We will finalise and publicise full details on the surrender and compensation arrangements before they commence.”


Those are these regulations. Can the Minister tell the House whether a full catalogue of the weapons listed—the knives and guns—yet exists? If so, how many items are in the catalogue? Have compensation values been assigned to the knives and guns? How many bladed items have a value of more than £30? Is it proving difficult to develop a catalogue of knives, given the wide variety available designed for work use that can be and have been used offensively?

Many more questions arise from these shell regulations, including the obvious one of the timetable for their implementation. I very much hope the Minister can answer them all.

Child Sex Predators

Lord German Excerpts

Thursday 4th June 2020 Lords Chamber

[Baroness Williams of Trafford]

Even before lockdown began, one of the things that I and other Ministers in the Home Office were most concerned about was not just domestic abuse but child sexual abuse and exploitation online. During lockdown the NCA has continued to target high-risk online CSA offenders. It has executed 47 warrants, made 51 arrests in 21 police force areas and safeguarded or protected 105 children, with 416 devices seized. The NCA has also disseminated 2,600 online CSA packages to UK policing during lockdown.

[Lord German (LD)]

My Lords, in response to an earlier question the Minister talked about the online harms Bill coming before Parliament “as soon as we possibly can.” However, we have still not received the response to the Government’s White Paper on this matter. Can the Minister assure me that before November this year we will get a response to it? Will the legislation appear before 2022, or will we have to wait that long before we can see a Bill to rectify this matter?

[Baroness Williams of Trafford]

When I gave evidence to HASC the other week with Caroline Dinenage, she committed towards having it before the end of the year.