Queen’s Speech

Lord Paddick Excerpts

Monday 21st October 2019 Lords Chamber

[Lord Paddick (LD)]

My Lords, when the Prime Minister promises not to send a letter to the EU requesting an extension and does, and when he promises no border between Great Britain and Northern Ireland and then agrees a deal that would put such a border in place, the primary consideration becomes one of trust. Whether it is promises about ending free movement, ensuring the rights of EU citizens living in the UK, supporting our police or tackling violent crime, I suggest that this Government’s promises should not be trusted.

Sometimes this becomes apparently only when you look at the detail. The Home Secretary says free movement between the EU and the UK will end on 31 October when, in fact, this House has already passed secondary legislation which, in the event of no deal, would allow EU citizens unrestricted access to the UK and its employment market, with the only requirement being a day trip to Boulogne every six months, which would be impossible to enforce. Can the Minister say what would happen to free movement in the event of a deal and us going into a transition period? Would free movement end on 31 October?

The Government say they are committed to ensuring that EU citizens resident in the UK have the right to remain, yet on 9 October 2019 only 929,600 of the 2.7 million EU citizens living in the UK had been granted full settled status. That is just over one-third of them. The best way of ensuring that resident European Union citizens, who have built their lives in, and contributed so much to, the United Kingdom, have the right to remain is for the United Kingdom to remain in the European Union, and that is what the Liberal Democrats are committed to ensuring through a confirmatory referendum or, if the public vote for a majority Liberal Democrat Government at the next general election, by revoking Article 50.

Further on Brexit and immigration, more than 20 organisations, including the Refugee Council, are currently in receipt of funding from the EU’s Asylum, Migration and Integration Fund to deliver a range of services aimed at supporting the integration of refugees in the UK. Can the Minister confirm this funding will cease immediately if the UK leaves the EU without a deal? Do the Government not think that the integration of refugees is important?

On Brexit and crime, it was the conclusion of the National Crime Agency lead on Brexit that the UK will be less safe and less secure if we leave the European Union, with or without a deal. As the noble Lord, Lord Kennedy of Southwark, said, we will no longer have access to the European arrest warrant, for example. Any measures that the Government introduce,

“to arrest individuals who are wanted by trusted international partners”,

will be problematic. Extradition will take months, if not years, compared with weeks under the European arrest warrant. Remands in custody pending extradition over such an extended period are likely to be granted only in the most exceptional cases and, even if suspects are detained, it will create additional strain on an already overloaded prison system.

The Government say that they are committed to strengthening public confidence in the criminal justice system. That confidence starts with the certainty that offenders will be caught, and that requires an effective police service. The Home Secretary says that she will put criminals in fear, but it is innocent members of the public who are in fear, as the visible uniformed presence on our streets has all but disappeared.

On policing, the Government promise 20,000 “new” police officers over the next three years. We have lost 20,500 police officers since 2010, 4,800 special constables and over 7,000 police community support officers—the backbone of community policing. That is 12,300 fewer uniformed officers than in 2010, even after the Government’s promised 20,000 “new” officers.

It is not just about numbers, as the noble Lord, Lord Kennedy, mentioned; it is also about the loss of experience and the loss of diversity. Historically, there has been a much higher proportion of black and minority-ethnic officers among specials and PCSOs, whose numbers have dropped 30% and 42% respectively since 2010. Public confidence in the criminal justice system is not about an overwhelmingly white police force exercising stop and search with no reasonable cause to suspect any wrongdoing. That results in communities feeling overpoliced and underprotected.

We need to restore community policing with officers who reflect the diversity of the communities they serve. We need to get communities and the police standing shoulder to shoulder against the knife carriers, rather than create a climate where suspicionless stop and search makes some communities feel that they have to fight the police as well as the criminals. What targets are the Government setting in relation to the recruitment of black and minority-ethnic police officers in this drive to find 20,000 new officers, and how realistic is that target of recruiting 20,000 new officers in three years?

A few years ago, I met a PCSO who wanted to be a police constable. PCSOs have no power of arrest, are not trained or equipped to deal with violent offenders and never get involved in violent demonstrations. That PCSO told me that he could not afford the drop in earnings to the starting salary of a PC. PCs run towards danger and put their lives on the line for us every day they are on duty. He was on £30,000 a year as a PCSO. A PC at that time was on a starting salary of £17,000. With the erosion of police officer pay and conditions under this Government, no wonder 22,367 police officers have left the police service in the past three years.

To increase the size of our police forces by 20,000 over the next three years, we will have to select, recruit, train and equip over 42,000 police officers, if wastage continues at the same rate. That is 14,100 police officers a year—50% more than in the last financial year. In fact, in the past 20 years the police have never been able to recruit more than 13,100 officers in any one year. The recruitment, selection and training resources are simply not there, and the money that the Government are promising will not be enough to recruit, train and equip the officers that they are promising to deliver.

The Government say that they are committed to addressing violent crime by making serious offenders spend longer in prison. It is the prospect of being caught, not the length of the sentence, that cuts crime. We need a real violent crime strategy with objectives, targets, co-ordinated implementation of what has proven to be effective and proper long-term funding for initiatives that work, not a patchwork of piecemeal projects and a multitude of funding pots. As the Children’s Society put it in its briefing on this Bill,

“the Government runs the risk of implementing short-term ineffective responses to youth violence and knife crime. The current government approach to tackling youth violence through knife crime is punitive—The Children’s Society believe this approach is fundamentally misguided”.

More than anything else, we need to invest in our young people, addressing adverse childhood experiences and providing safe and healthy alternatives to criminal gangs and an education system that excludes no one. The Liberal Democrats will invest in our police, youth services and education system to ensure a fair society where even the poorest and most vulnerable feel safe.

Probation Reform

Lord Paddick Excerpts

Thursday 16th May 2019 Lords Chamber

[Lord Keen of Elie]

I am obliged to the noble Baroness for her questions. As I indicated earlier, the real cost of the recent changes fell not on the taxpayer but on the shareholders of the various CRCs, which made immense losses arising out of the way in which the contracts were made and handled. The consequence was that the numbers that they were going to be dealing with were wholly wrong, and they found themselves with an unsustainable financial model. That is what led to some of the difficulties we faced. In the context of the comparison with teaching and social work, I was referring to the need, and indeed the desire, to implement a statutory professional regulatory framework. We believe that that should—and will—reflect the clear and high professional standards exhibited by the probation service and will therefore maintain standards going forward.

[Lord Paddick (LD)]

Would the Minister agree that we are now in a position where government Ministers no longer have confidence in the ability of short-term sentences to rehabilitate offenders, and the judiciary has no confidence in the ability of the Ministry of Justice to provide effective alternatives to short-term sentences? Is the Minister confident that the reforms he has outlined today will result in effective rehabilitation of offenders, and how long will it take before that is achieved?

[Lord Keen of Elie]

I do not agree with the propositions advanced by the noble Lord at all, and I have confidence in these proposed reforms.

Rape Trials

Lord Paddick Excerpts

Wednesday 6th June 2018 Lords Chamber

[Lord Keen of Elie]

Recent inquiries indicated that in something like 25% of cases a defence statement was not produced or not produced timeously.

[Lord Paddick (LD)]

My Lords, the noble and learned Lord said that he had not heard that a lack of resources was to blame for these failures. He may not have heard my noble friend the former Director of Public Prosecutions say on “Newsnight” last night that he felt that it was as a result of a 25% reduction in funding for the CPS and the loss of hundreds of lawyers—and, I add to that, the loss of thousands of police officers and an ongoing 25% reduction in their resources could be to blame.

[Lord Keen of Elie]

I note the noble Lord’s careful use of “could”. That is why we will await the outcome of the present inquiries and investigations before we draw any conclusions.

Sexual Offences Legislation

Lord Paddick Excerpts

Tuesday 22nd May 2018 Lords Chamber

[Lord Keen of Elie]

My Lords, lifetime anonymity that is extended to complainants may be removed. Indeed, those complainants who are found to have made false and misleading claims regarding sexual conduct may be subject to prosecution.

[Lord Paddick (LD)]

My Lords, is the noble and learned Lord aware of the case, highlighted on Channel 4 last night and again in the Times this morning, of a defendant who was arrested for rape in 2015, charged 18 months later, suspended from his job without pay and whose case was dropped by the CPS yesterday? Are such cases the result of a failure in the law to protect the innocent—to uphold the principle of being innocent until proven guilty—or are they a failure of the police and the CPS properly to investigate such cases? What do the Government intend to do about it?

[Lord Keen of Elie]

I am not going to comment on the particulars of an individual case. However, police guidance is clear that the name of a suspect should not be released before they are charged. The naming of people who have been charged with a sexual offence is consistent with the principle of open justice.

Leveson Inquiry Update

Lord Paddick Excerpts

Thursday 1st March 2018 Lords Chamber

[Lord Keen of Elie]

I note what the noble Lord says, but I would observe that he referred to the editor as having been fired, and would just underline the term “editor” as distinct from that of “owner”. A person may own many and diverse publications but have no actual belief in the content of those publications and no responsibility, directly, for what is incorporated into them. Indeed, there are many who feel very strongly that the owners of our public press, who are sometimes very wealthy, should not interfere in the editorial control of their newspapers. That has been commented on before.

[Lord Paddick (LD)]

My Lords, one very important aspect of Leveson 2, which is now not going to take place by all accounts, is the examination of the relationship between the press and the police. I declare an interest as a former Metropolitan police officer of 30 years’ service but also as a victim of phone hacking. The Minister talked about extensive reforms to policing practice and cited the guidance from the College of Policing. But what evidence is there that there has been a change in police practice? Noble Lords will recall that, when the Guardian lifted the lid on the real extent of press malpractice, an assistant commissioner of the Metropolitan Police Service stood in front of Scotland Yard and said there was nothing to investigate. I ask again: what evidence does the Minister have of the extent of previous corrupt collusion between the police and the press, and what evidence does he have that police practice has actually changed since then? If the noble and learned Lord has no evidence, does that not show that Leveson 2 is necessary? From his extensive knowledge of the law, he will know the difference between evidence and speculation and the difference between guidance and practice.

[Lord Keen of Elie]

With respect to the noble Lord, I also know the difference between cause and effect. What we were addressing was the potential causes of police malpractice in relation to the press. They have been addressed as outlined by the noble Lord, involving the publication of a code of ethics and the development of national guidance for police officers on how to engage with the press. It has also involved the reforms in the Policing and Crime Act, which have strengthened protection for police whistleblowers. The effect will be seen in due course, but you cannot turn around and say there is evidence of effect. The causes have been addressed; the outcome will show itself in the course of time.

European Union (Withdrawal) Bill

Lord Paddick Excerpts

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 26th February 2018 Lords Chamber

[Lord Liddle]

This is Committee stage. We are allowed to go back and forth. What are the Government saying to other member states at the moment about the nature of the agreement on this that they are prepared to contemplate? Are they saying to our current partners that they are prepared to see judicial supervision in these arrangements or not? I hope the Minister will answer that very simple point.

[Lord Paddick (LD)]

My Lords, I apologise for not speaking at Second Reading; I took the view that I was unlikely to add anything new, bearing in mind the number of speakers. However, I have a few new things to add as a result of today’s debate. I had more than 30 years of service in the Metropolitan Police Service—which pales into insignificance when you consider the experience of the noble Lord, Lord Hogan-Howe—but I have also been briefed by the National Crime Agency lead on Brexit and by the director-general of the National Crime Agency on these issues.

It might be considered a technical point, but there is a difference between counterterrorism intelligence exchange and law enforcement. The counterterrorism intelligence tends to be of such a sensitive nature that it is exchanged on a bilateral basis and therefore is nothing to do with the European Union. When sensitive data, for example, are shared by the United States with the United Kingdom, the United States would not do that if it was on the basis that the United Kingdom would then share all that intelligence with the EU 27. However, there is a technical difference between counterterrorism in terms of intelligence and counterterrorism in terms of bringing terrorists to justice, and here we are talking about bringing people to justice using these various mechanisms.

My noble friend Lady Ludford referred to the European Court of Justice and the Charter of Fundamental Rights as two important mechanisms which allow this co-operation to take place within the European Union. In her Munich speech, the Prime Minister tantalisingly mentioned the European Court of Justice and the potential for a role for it after the UK had left the European Union in relation to things such as the European arrest warrant. The noble Baroness, Lady Kennedy of The Shaws, made the point that this is not about relationships between two sovereign nations, it is about individual rights in terms of whether an individual is going to be moved from one country to another. Perhaps the Minister can give us some clarity on the Government’s position on the European Court of Justice by explaining what the Prime Minister meant in her speech.

The noble Lord, Lord Cormack, talked about the need for the closest possible co-operation, which is what the National Crime Agency would say, and that the measure of the success of the negotiations would be how closely we can replicate the existing arrangements. I believe that the Government’s position is that they want to replicate all of these things as far as possible, and that is what I took from what the Prime Minister said. So to say that the Government cannot give away their negotiating position by saying what the objective is going to be is not, I think, true in this particular case. Perhaps the Minister will tell us that what the Government seek to achieve is as close as possible to the arrangements we have, but that is not the question. The question is how the Government are going to secure those arrangements; that is the critical question, not what they are seeking to achieve, but how they are going to do it. That is because there seems to be a contradiction between not wanting to have any jurisdiction of the European Court of Justice on the one hand and yet wanting to participate in things such as the European arrest warrant on the other.

The noble Baroness, Lady Kennedy of The Shaws, helped the House to introduce the very important issues around protected persons. For example, the victims of domestic violence have the protection of orders that are made in one country enforced in another, which brings a new dimension to the importance of these arrangements. The noble Baroness, Lady Massey of Darwen, and the noble Earl, Lord Listowel, talked about the importance of the protection of children through the European arrest warrant and the other measures, in particular the European Criminal Records Information System, which enables law enforcement to quickly check the antecedents of people who are suspected of these sorts of offences. These are extremely important issues in terms of bringing people to justice and in terms of protecting citizens not only of the United Kingdom but of other European states. We have heard from my noble friend Lord Thomas of Gresford how extradition can take years—four and a half years in the case he mentioned—whereas under the European arrest warrant justice can be brought far more swiftly.

For me, the essential question is not what the Government want the end position to be, because that is quite clear—and it is certainly what the National Crime Agency and other law enforcement officers want, and indeed what the noble Lord, Lord Hogan-Howe, has also said. The question that the Government need to answer is this: how on earth is this going to be achieved, bearing in mind their apparent contradictory stances on other issues such as the European Court of Justice?

[Baroness Hayter of Kentish Town]

My Lords, as we have heard, these amendments relating to reciprocal issues are key to continuing to protect and assist British citizens after Brexit, including children and protected persons, in ways that hitherto our EU membership and cross-border agreements have provided. In particular these are the European arrest warrant, the mutual recognition of family court judgments, information exchange, Europol and Eurojust.

The Government’s approach to these issues must be agreed in principle with the EU in time to be included in the framework part of the Article 50 requirements and form part of the withdrawal agreement, so a satisfactory approach to these will be key to the future vote on that deal. However, as we have heard from speakers tonight, there seems to be an extraordinary lack of urgency, especially if there is any chance—I am not sure whether this is what the noble Lord, Lord Hannay, hinted at—that a standstill transition agreement could not cover these issues. That would make it even more urgent.

I ask in particular about the Government’s urgency, or lack of it, as I began asking Written Questions on this a year ago. The noble and learned Lord, Lord Keen, will remember it very well: it was on St Valentine’s Day last year—I do not think he chose it to be that day, but never mind—that he answered some of my questions on matrimonial and maintenance proceedings. It was very reassuring: he said that the Government,

“recognises the importance of the issues”.

Wow. There was no more than that then, nor indeed on civil judicial co-operation and cross-border disputes and family law when he replied to a similar Written Question in August. I worry about the lack of progress since then.

As the Prime Minister has remarked and others have repeated, keeping our citizens safe is the first mission of any Government. Therefore, like others, I welcome that she used the Munich speech to reiterate her desire to negotiate continued, and in some cases enhanced, co-operation with EU nations and particularly with these bodies and schemes. As we have heard, the amendments cover the Schengen Information System, the European arrest warrant, the European Criminal Records Information System, Europol and Eurojust. Given what we have heard today and in earlier debates, the Minister will recognise the importance of our continued participation in all of those, but also the challenges that that will bring to them in negotiating.

While we heard from Munich the desire for this comprehensive agreement, it is time for the Minister to offer a bit more detail and clarity sooner rather than later. It is about the direction of travel or the objectives. It does not undermine any negotiations for us, not just our Parliaments, to know what the Government want to do. As the noble Lord, Lord Deben, said, it is time for the Government to move from intention to reality. These issues, as has been touched on just now, are partly held up by an obsession with red lines around the ECJ. They cannot be allowed to stand in the way of some logical and sensible solutions to these problems. These issues are too important to be left to a divided Cabinet. At the moment I see a pantomime horse, or Dr Dolittle’s pushmi-pullyu, being pulled in two different directions, mostly about red lines that are immaterial to the issues we have been discussing. I hope we can hear about some direction and some practical steps from the Minister, particularly on how these negotiations are taking place.

CPS: Disclosure of Evidence

Lord Paddick Excerpts

Monday 18th December 2017 Lords Chamber

[Lord Keen of Elie]

I wonder whether noble Lords wish me to continue. I am obliged to the Opposition Benches. To give an example, there are instances in which a considerable amount of digital data relevant to a particular complaint have to be considered.

[Lord Paddick (LD)]

My Lords, in the case of Liam Allan, it was fairly obvious that this material should have been looked at, and what happened was either the result of lack of resources in the police service or in the Crown Prosecution Service or a deliberate attempt to pervert the course of justice. Can the Minister estimate how many people are unlawfully imprisoned as a result of similar mistakes having occurred in the past?

[Lord Keen of Elie]

I believe that the noble Lord probably knows the answer to his own question. Nevertheless, the alternatives that he advances do not exhaust the issue of why, if it occurred, disclosure was not made at an appropriate time, and that will be the subject of a joint high-level review by the CPS and the police. It is not for me, in this place, to anticipate the outcome of that review.

Probation Service

Lord Paddick Excerpts

Thursday 14th December 2017 Lords Chamber

[Lord Keen of Elie]

My Lords, this is not an issue of ideology. Many of the CRCs’ performance issues stem, as I say, from the financial changes they have faced because of the limited number of referrals they have received, and that has impacted on their performance. We hold CRCs to account for their performance through robust contract management. Where that performance is not good enough, we require improvement plans to be put in place.

[Lord Paddick (LD)]

My Lords, one of the important issues that the chief inspector raises in her report is the fact that low-risk people, who are supposed to be supervised by the probation service, can become high-risk. She gave the example of someone convicted of driving while disqualified, who was receiving telephone supervision—one call every six weeks—and who eventually assaulted a previous partner. Does the noble and learned Lord accept that a phone call every six weeks is no way to supervise people who are supposed to be under the supervision of the probation service?

[Lord Keen of Elie]

My Lords, supervision of offenders needs to be proportionate to the risk they present. In some cases, remote contact may be appropriate for lower-risk offenders who are complying with their orders. However, we recognise that best practice is for probation officers to work with offenders face to face.