EU: Police and Criminal Justice Measures

Debate between Lord McNally and Baroness Smith of Basildon

Tuesday 9th July 2013 Lords Chamber

[Lord McNally]

I am grateful for the noble Baroness’s response to the Statement. I noted that she thought that it had common sense and moderation. Indeed, there were times during her response to the Statement where there was a suggestion that we had shot her fox, in that all the disasters to which she was hoping to point—about not taking note of national security and effective policing—are not there. The Statement of my right honourable friend the Home Secretary puts those matters right to the fore, as is demonstrated in the list that we have put before the House today.

There was hardly a hint that this little problem was left by the Labour Party’s negotiators for the Lisbon treaty. As the Home Secretary mentioned in her own remarks, the then Government did precious little to address these issues while in office. We therefore make no apologies for having used our time in office to look at these matters in detail. My point when we were discussing this at Questions the other day was that they are serious issues that deserve proper and serious consideration. The document published today, Command Paper 8671, is a sign of the candour and transparency with which the Government intend to approach this matter. The document contains not only the full list of the measures with an explanation of the protocol under which they have been produced, but also six Explanatory Memoranda from various concerned departments, which we hope will be of help to both Houses in the debates to come.

I make no apologies for our now embarking on some interesting negotiations. We have taken the matter seriously and have produced a list which anybody objectively looking at the exercise will see goes to the core of the issues left by Protocol 36.

I have just been told that we published five Explanatory Memoranda, not six—stop press.

[Baroness Smith of Basildon]

I hoped that the noble Lord had been passed answers to the questions I had asked him.

[Lord McNally]

I am answering the questions. For example, the noble Baroness asked whether foreign citizens charged in the UK would be safeguarded. Yes, the safeguards will apply to all those subject to the European arrest warrant. The noble Baroness asked on what basis the decisions would be taken. The Government believe that we should exercise the opt-out and then seek to rejoin the measure where it is in the national interest to do so. The Government have considered the impact of each measure on public safety and security, whether practical co-operation is underpinned by the measure and whether there would be a detrimental impact on co-operation if we pursued it by other mechanisms. The impact of the measures on civil rights and liberties has also been considered.

The noble Baroness asked me if I had done a word count on the various issues. We have said that we intend to opt in to 35. As she says, a number—we think abut 14—of the original list have been repealed and replaced. There are about another 20 measures that retain the minimum European standards. However, the noble Baroness’s kind of quizzing approach really misses the point of what this exercise is about. Through today’s Statement, the Government have sent a clear message that we have addressed the problem left by Protocol 36—which would have been faced by any British Government and which the previous Government showed little enthusiasm for addressing—in a very practical way that will give both Houses of Parliament the time and the opportunity for input into negotiations which the Government will pursue with due seriousness and the intent of success.

EU Treaties: Justice and Home Affairs Opt-Outs

Debate between Lord McNally and Baroness Smith of Basildon

Monday 1st July 2013 Lords Chamber

[Lord McNally]

It takes time because it is part of a range of issues. Nobody is talking about jettisoning all these measures, but some of the proposals in the Protocol 36 decision were written when reference to the European Court of Justice was not in mind. There is a variety of technical reasons why careful study is warranted. I assure the House that the Government will continue, as they have done right through their period of office, to address opt-ins and opt-outs on the basis of national security and national interest. When we have our package to bring before the House, we will ask your Lordships to make decisions on that basis.

[Baroness Smith of Basildon]

My Lords, opting out of Protocol 36 means, as we have heard, opting out of the European arrest warrant. Last week, the Government had to make a Statement significantly revising their figures for the number of criminals who have successfully been returned to the UK under the European arrest warrant agreement. The figures have been wrong for the last three years. Does the Minister believe that we will be more successful or less successful in bringing criminals to justice if we opt out?

Probation Service: Community-sentenced Offenders

Debate between Lord McNally and Baroness Smith of Basildon

Tuesday 5th March 2013 Lords Chamber

[Lord McNally]

I hear the growl from the Benches opposite, but it is interesting that we are using the 2007 Act to carry through these reforms of probation, so they are not exactly being original in terms of how we should develop these matters. I do not take fully the point made by the noble Lord about going into the unknown. The fact is, as those noble Lords opposite who have had dealings with these matters will know, that the voluntary and the private sectors have been involved in offender management for a very long time. We are trying, within a very tight budget, to see whether we can reform the probation service and dealings with offenders in order to bring in the best of what works outside. It has been interesting to learn that good ideas on offender management are not constrained simply to the probation service. As I said in my original reply, the public sector has ultimate responsibility for public protection, but we think we can deliver a reorganisation that also makes use of the wide variety of experience and expertise that exists in this area.

[Baroness Smith of Basildon]

My Lords, I have listened carefully to the answers given by the Minister. He will be aware that one of the most important things for the probation service is that there is public confidence in the work that it does. Part of that public confidence comes from the transparency of having information about the work that it does, and understanding what works and what is most effective. In his Answer, he said that the public sector has the ultimate responsibility. Does that mean that all services, even those outsourced to private companies by the Government, will still be subject to freedom of information?

[Lord McNally]

That is one from left field. I will have to check on that and write to the noble Baroness. However, as she knows, my inclinations are that, as far as possible, freedom of information should extend to all work that is conducted by the private sector, or is covered by the contractual agreement between the public and private sectors, which would allow access to information. I understand the point she makes, and will write and make the letter available to the House.

Prisoners: Voting Rights

Debate between Lord McNally and Baroness Smith of Basildon

Thursday 22nd November 2012 Lords Chamber

[Lord McNally]

My Lords, I thank the noble Baroness, Lady Smith, for that very constructive response and I accept immediately her offer to work with the Government to make this a constructive exercise. Obviously, the first objective will be to set up the Joint Committee and then to let it get down to its work. I hope that I have not damaged her political prospects too much.

[Baroness Smith of Basildon]

My Lords, I had not realised that I had been quite so constructive as the Minister thought.

[Lord McNally]

I am sure that when she reads Hansard she will agree with me, but if she wants to be more abusive to me in a letter, I shall put it in the Library of the House.

We can have analysis of how this issue has been handled during this past 10 years and whether there were better ways of doing it. The Statement today lets Parliament set out a path to resolving the issue which is sensible and which may help us get to a solution which addresses the complex and sometimes conflicting issues to which the noble Baroness referred. It is an acceptable view—I heard Mr Jack Straw express it again today—that denying prisoners the vote is a denial of civic and social rights but not of human rights, but the problem that we face is that the court has taken a different view and that we are legally committed to obey or recognise it. The Joint Committee will be able to listen to a wide range of views, which I am sure will be forthcoming.

It is a long-standing convention that the Government do not disclose their legal advice. However, on this exceptional basis and to facilitate appropriate parliamentary scrutiny of this issue, the Government will publish a summary of their legal position once the proposed Joint Committee convenes. My right honourable friend the Lord Chancellor has also made it clear that the Government will try to give the committee all facilities and information to allow it to come to a considered judgment. We could have lots of fun debating who should have done what and when during this past decade, but today we can set off on a path which allows Parliament, with a full regard—this I do take from what the noble Baroness said—to the wider implications of whatever decision is taken, to take this matter forward. As always, we will listen carefully to the views of this House.

Child Abuse: Waterhouse Inquiry

Debate between Lord McNally and Baroness Smith of Basildon

Wednesday 14th November 2012 Lords Chamber

[Lord McNally]

My Lords, that statement, coming from such a source, reinforces what I said. When we have asked a distinguished judge to carry out an inquiry, we have to be extremely careful as to whether they can be second guessed. I do not think that anything that the Prime Minister or the Government are doing calls into question the integrity of the Waterhouse inquiry. As we always are when distinguished judges take on these difficult tasks, we are in his debt for doing so. However, the review of the Waterhouse inquiry will look at whether any specific allegations of child abuse were not investigated. The serious allegations that have been made merit a further thorough investigation.

[Baroness Smith of Basildon]

My Lords, I am grateful to the Minister, who has tried to bring some clarity to a question that I asked when the Statement was made. I sought to know what was meant by,

“whether the … inquiry was properly constituted and did its job”.—[Official Report, 6/11/12; col. 896.]

He will understand the concern that has been raised about that kind of inquiry. Does that beg the wider question of whether all these separate inquiries that are taking place—I think there are 10 in total now—should be constituted into one overarching inquiry, where we can look at the relationship between the different investigations? Getting to a position where we could deal with all the allegations in one overarching inquiry would bring together the kind of issues that will have to be dealt with to stop this kind of abuse happening again.

[Lord McNally]

It is true that there is now a large number of inquiries. The noble Baroness says 10 and my brief says nine, but I take the point. The Government did not rule out an overarching inquiry, but there is a time to pause on this. Some of the accusations have been put into perspective by rushing to judgment in an overheated way, through Twitter and the new technologies that we live in. Those in authority need to have confidence. We are talking about child abuse; a very serious crime, which people who have evidence of should report to the police. It is not a responsibility of judicial inquiries to find wrongdoers. It is for the police, and if there are people with evidence, they should take it to the police.

There is public concern about whether Waterhouse missed anything. We have asked a distinguished judge to do a specific task in relation to that: to look at whether any specific allegations of child abuse were missed by that investigation and then to make recommendations to the Secretary of State for Justice and the Secretary of State for Wales. That is the right place to be in.

Prisoners: Transport

Debate between Lord McNally and Baroness Smith of Basildon

Tuesday 7th February 2012 Lords Chamber

[Baroness Smith of Basildon]

To ask Her Majesty’s Government what steps they are taking regarding the safety and reliability of the arrangements for transporting prisoners following the two recent ambushes and escapes.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, the National Offender Management Service has taken immediate action to reinforce security procedures and staff have been instructed to ensure that these procedures are fully complied with.

[Baroness Smith of Basildon]

I am grateful to the noble Lord; that is a helpful Answer. There is a very good record on prison security, which is why these two armed ambushes and escapes are so shocking. The week before last the Minister confirmed to your Lordships’ House that,

“escape must be made impossible”—[Official Report, 24/1/12; col. WA 220]—

for Category A prisoners. The second prisoner who escaped had previously absconded from court, was sentenced for GBH in his absence, and was given an indeterminate sentence for public protection because of the seriousness of his crimes. I find it incredible that, despite all that, he was given a Category C prisoner status and deemed to be unlikely to escape. Will the Minister look into this, and can he make arrangements to assure himself that when prisoners are transported, the security category is double-checked or reassessed to minimise any risk to the public or to staff?

[Lord McNally]

My Lords, I appreciate the constructive nature of that question. I hope the noble Baroness will appreciate that a formal investigation is under way into the circumstances of both escapes, and the reports and recommendations will determine what further action may be required. A wider review is also under way into the procedures governing the escorting of prisoners outside of prisons, including the arrangements for transporting them. Her point about the categorisation of prisoners should, and I assume will be, part of that inquiry.

Social Mobility Strategy

Debate between Lord McNally and Baroness Smith of Basildon

Tuesday 5th April 2011 Lords Chamber

[Lord Pearson of Rannoch]

My Lords—

[Baroness Smith of Basildon]

My noble friend Lord Knight of Weymouth welcomed the strategy, but he was obliged to give a list of actions by the Government that undermine the principle behind it. He missed one very important action, and that is the cuts that have been made to voluntary and community services and to charities, many of which have tried for many years to do invaluable work in helping social cohesion and looking to improve social mobility. In my own town HomeStart, a valuable organisation giving families the support they need in life, will close in the next few weeks because of cuts to its funding. How does that improve social mobility?

[Lord McNally]

I listened to the Statement at the other end. Local authorities across the country are making cuts and it is very easy for people to leap up and say, “How does this strategy match what is going on?”. This strategy is trying to deploy the fewer resources we have in a much more focused way. We are going through a period of economic difficulty and it will be easy to pick up on the impact of the various changes, but today we have laid out a strategy that focuses resources on the most needy and addresses some of the issues that have been identified as causing a lack of social mobility. What we cannot do is return public expenditure to the level at which it was being run by the previous Administration—who were, as the noble Baroness knows, planning to make cuts as well.

Parliamentary Voting System and Constituencies Bill

Debate between Lord McNally and Baroness Smith of Basildon

Tuesday 16th November 2010 Lords Chamber

[Lord McNally]

The Bill is being considered, and considered on the basis of fairness. I know that the noble Baroness is often a lone voice on those Benches. My point, which is central to the issue of first past the post, is whether we are to continue to have the kind of distortion that produces majorities of 66 on 36 per cent and then no majority at all on 36 per cent. With those kinds of distortions with first past the post, the rot sets into people’s respect for the electoral system.

[Baroness Smith of Basildon]

The noble Lord said a few minutes ago that Members on this side of the House were afraid of debating this Bill. I sat through most of the debate yesterday and have listened to most of it today and I have heard innumerable contributions from my noble friends debating the very essence of this Bill, while his Bench has been empty. Is it not an insult to suggest that it has not been debated by Members on this side?

[Lord McNally]

Let me give one example. The noble Baroness, Lady Nye, shed crocodile tears over the missing 7 per cent on the election. Where was the action from the Labour Government in 13 years to deal with those very issues?

Justice: Magistrates’ and County Courts

Debate between Lord McNally and Baroness Smith of Basildon

Monday 15th November 2010 Lords Chamber

[Lord McNally]

I was not aware of that. I do not know whether this was undertaken by the previous Administration but the most distinguished ex-Lord Chancellor, the noble and learned Lord, Lord Falconer, is nodding. He obviously did the dirty deed. One of the things that I have asked for in the review is that we keep a check on which courts are listed buildings and what is likely to happen to them.

[Baroness Smith of Basildon]

In none of the Minister’s answers has he mentioned the victims of crime having to attend magistrates’ courts or county courts that are some distance further from their homes than they otherwise would be. Is he aware of the number of cases that are adjourned because somebody does not turn up to court? A victim of crime may have to attend court two, three or four times before their case is heard. What assessment has the Minister made of the financial, let alone emotional, cost of victims returning to court several times to have their case heard?

[Lord McNally]

I think the roar of approval is very apt. It is something that we are looking at very carefully. One of the issues that I know the Lord Chancellor is looking at is the almost casual ease with which adjournments are agreed to. As well as good justice, we want to see efficient and quick justice in the magistrates’ courts. Certainly, the point that the noble Baroness refers to is one that needs to be addressed with some urgency.