Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017

Lord McAvoy Excerpts

Wednesday 10th January 2018 Lords Chamber

[Lord Clark of Windermere]

My Lords, this debate has inevitably centred on Scotland and the British Transport Police, but civilian police forces such as the British Transport Police—I emphasise “civilian” police forces—were created for a particular reason. There are at least two other such police forces. The Ministry of Defence Police—not the “Redcaps”—and the Civil Nuclear Constabulary were similarly created for a particular reason.

Having lived for most of my life in the borderlands in the north of England on the opposite side to Scotland, I am very aware of those three civilian police forces, and I am interested in the Government’s reaction. If they concede on the British Transport Police but do not follow the sensible suggestions of my noble friend Lord Foulkes, what will happen to the Civil Nuclear Constabulary? I declare an interest as a former director of Sellafield. I shall be a bit circumspect in what I say about the Civil Nuclear Constabulary, but we should bear in mind even now the transport of material from Dounreay and other sites in Scotland to Sellafield. All those trains are accompanied by armed members of the Civil Nuclear Constabulary, just as every defence establishment in Scotland is policed by the Ministry of Defence Police, a GB body. So, when we talk about this order, I am interested in what happens to the other comparable civilian police forces.

[Lord McAvoy (Lab)]

My Lords, if I say anything, I will only be repeating some of the things that have already been said a lot more eloquently. It only remains for me to say that we fully support and congratulate my noble friend Lord Foulkes of Cumnock on his determination and persistence in this matter. He has made a reasonable request. I know from previous experience that the Minister is a serious and flexible man, and I am quite sure that he will respond in a positive manner.

[Lord Duncan of Springbank]

My Lords, I congratulate the noble Lord, Lord McAvoy, on his brevity. I was hoping for a longer intervention so that I could just gather together some more of my papers before I began—they are piling up around me.

I begin by thanking the noble Lord, Lord Foulkes of Cumnock, for initiating this debate. The sheer number of contributions, and their quality and breadth, is testament to the need for this discussion. It is important for me to stress, however, that this debate was born of a particular order but, having heard several noble Lords, much of the discussion has not focused on the order itself. If your Lordships will forgive me, I will touch on the order at the outset because it is important to stress why it is before us tonight. I will then spend most of my time talking about the issues that have been raised.

I turn, first, to the purpose of the order. It has been laid simply to ensure that the measures contained in the 2016 Act that affect the law elsewhere in the UK, which apply to reserved matters in Scotland, can be amended as required. The Scottish Parliament cannot do that and we have to do it. That is the purpose of the order. It makes provisions about arrests effected both in Scotland and outside Scotland in connection with crimes committed in Scotland that are being investigated under Scots law or where extradition to Scotland has been necessary. In response to the noble and learned Lord, Lord Hope, this is the aspect that allows the British Transport Police to reach beyond and equalises the ability of the police to act in each other’s jurisdictions. That is already contained in the order.

These provisions are important because they are part of the ongoing devolution settlement. The process for developing such an order is in itself important, both by the manner in which the two Governments co-operate and collaborate and by the means by which they are adopted and introduced in your Lordships’ House and the other place. It is simply a way of ensuring that devolution works effectively.

In response to the noble and learned Lord, Lord Wallace of Tankerness, I should also stress that further orders affecting the British Transport Police will be coming. He will be aware of Sections 90 and 104 of the Scotland Act 1998, which touch on the transfer of people, assets and liabilities from the British Transport Police and the ability to make any consequential provision. Further orders will be made specific to this—

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[Lord Duncan of Springbank]

I believe that I can give that assurance. The very fact that the comments made in this debate shall be summarised and transmitted very clearly to the programme board means that the views of noble Lords will not be lost. I also believe that those views represent the entire breadth of concern expressed, certainly in this instance throughout Scotland but also beyond. That must be reflected on by all those who take as their responsibility the forward movement of the British Transport Police and its future policing policy.

[Lord McAvoy]

Could I ask the Minister to convey the answers that he has not been able to give in this debate to the various noble Lords who asked those questions, and to distribute those responses?

[Lord Duncan of Springbank]

Yes, I am very happy to do that. We have a note of the questions and I have several responses in handwriting that I cannot quite read. That is one of the reasons I have not been as fluent as I might have been on some of the points. Where noble Lords have not received an adequate response, I will do my utmost to ensure that the answers are conveyed to them.