Channel Tunnel: Migrants

Lord Rosser Excerpts

Tuesday 1st December 2015 Lords Chamber

[Lord Bates]

I know that specific case: it was a very difficult one and we have offered some consular support on that issue. Of course, when we are dealing with vulnerable children, it is absolutely critical that they are recorded, that their records are taken and that they are closely supervised. On the specific point about how many people are in that camp, which is a terrible facility, one of the things in the joint declaration was that we wanted to reduce the number from 6,000. The number is now about 4,500, and that is a tribute to the French, who have started relocating people from that camp into what are called respite settlements in places such as Picardy. On the specific matter of Save the Children, the noble Lord will be aware of the UNHCR’s reservations on that. That still remains our position, but we are very much open to meetings.

[Lord Rosser (Lab)]

My Lords, according to a national newspaper report, a government Minister told the Home Affairs Select Committee in the other place last week that small airports and ports around the UK were a weak link because those coming to this country intent on acts of terrorism would chose to use them to enter the country rather than the bigger airports and ports where stricter measures are in place. Since the Minister went on to say that urgent work was under way to address this issue, are the Government really telling us that they have only just woken up to the fact that security at small airports and ports now needs to be as effective as security at larger airports and ports? If that was not the inference of what the Minister concerned said, what was that Minister trying to tell us?

[Lord Bates]

There is a certain displacement happening here. As the security at Coquelles gets stronger and tougher, and as we then provide greater security around the port of Calais and move along to Dunkirk, Le Havre and other places, there will be displacement. People are going to be forced into the smaller ports and airfields that have been mentioned. That was the reason why we said that there was an increased threat there that needs to be responded to. Part of that was announced by the Chancellor last week when he announced £9 million for additional aviation security just to tackle that problem.

Domestic Abuse

Lord Rosser Excerpts

Wednesday 25th November 2015 Lords Chamber

[Lord Bates]

I will certainly do that. The noble Baroness will be as encouraged as I am to hear from the Chancellor that there will be new facilities in the social care budget to provide additional funding to that important area. The Government have also announced that we will give additional funding to an organisation called Behind Closed Doors, which works particularly with children to help and support them in those difficult times.

[Lord Rosser (Lab)]

My Lords, the Government have not ratified a pan-European convention on women’s and girls’ rights—the Istanbul convention—after signing up to it in 2011. That convention seeks to protect women from sexual violence and gives them the formal right to counselling after suffering domestic violence or abuse. Why have the Government not ratified the Istanbul convention and when do they intend to do so?

[Lord Bates]

We are implementing most aspects of the Istanbul convention. One area—Article 44, I think, which deals with extraterritorial jurisdiction when dealing with forced marriage—requires primary legislation and is the only part that we have not introduced. Apart from that, this Government have been working on this through things such as the Girl Summit. I am not quite sure where my right honourable friend William Hague is in the metamorphosis from that place to this place.

Domestic Violence

Lord Rosser Excerpts

Tuesday 24th November 2015 Lords Chamber

[Lord Bates]

That is a very good point and comes back to the earlier point made by the noble Baroness, Lady Nye. A consultation is taking place between the CPS and the College of Policing, as well as with Paladin and the Suzy Lamplugh Trust, which do so much valuable work in this area, to see what further training could be provided. When you look at the figures and see that there are 9,180 prosecutions under harassment and 676 under stalking, clearly there is still further work to be done to make sure that people are being prosecuted in the right area.

[Lord Rosser (Lab)]

My Lords, the Question also relates to domestic violence, and the same point on training and cultural change applies to the new domestic violence offence of coercive control, the campaign in respect of which was led by Paladin, Women’s Aid and the Sara Charlton Foundation. If I am right in saying that it has not happened already, could the Minister say, first, when the new domestic violence offence of coercive control will be introduced? Secondly, what action is being taken to ensure that the necessary training is being and will be provided throughout the police and the judicial system, including for prosecutors, judges and magistrates, to ensure that the new law—including the reasons for it and the psychological intimidation and control it is intended to address—is fully and effectively understood and that it is used and applied as intended in all relevant parts of the country? The evidence, including that from the new stalking laws, suggests that inadequate and incomplete training about new offences leads to cases not being pursued or to unduly lenient sentences because the seriousness of the new offence is not fully understood or recognised.

[Lord Bates]

That is a fair point. We have pledged that the coercive and controlling behaviour provision in the Serious Crime Act will come into force by the end of the year. It will be in force by the end of the year and training will be provided alongside it. On the other point, about ensuring the right response and that people are trained for it, Garry Shewan, the assistant chief constable of Greater Manchester Police, who is the national policing lead for stalking and harassment, has a very important role to play in co-ordinating the wider police response to this important crime.

Northern Powerhouse: Airports

Lord Rosser Excerpts

Monday 23rd November 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

The Government have repeatedly given their assurance not just about connectivity, as I said, on rail in the south-east, but also that the investment that we are making across railways throughout the country, including the new investment in HS2, will ensure greater connectivity between all parts of the country. I will look into the specific route that he has mentioned and write to him.

[Lord Rosser (Lab)]

My Lords, the Minister has referred to the decision on the recommendation of the Davies commission report in respect of a third runway at Heathrow being made by Christmas. Can he confirm that that will be a final decision and not simply an interim one?

[Lord Ahmad of Wimbledon]

I think the noble Lord is clutching at straws. I have made clear the Government’s position. A decision will be made on the Airports Commission’s findings, and I ask him to wait until that is made.

Police: Report of the Committee on Standards in Public Life

Lord Rosser Excerpts

Monday 23rd November 2015 Grand Committee

[Lord Rosser (Lab)]

My Lords, I, too, extend my thanks to the noble Earl, Lord Lytton, for securing this short debate, which enables us to consider the valuable and timely report of the Committee on Standards in Public Life on leadership, ethics and accountability in policing. It has been particularly helpful to have heard in this debate from the chair of the committee, the noble Lord, Lord Bew.

The creation of police and crime commissioners and the associated governance arrangements has clearly been the driving force behind the committee’s decision to undertake this report, which is the first one in the committee’s history that has looked specifically at policing. As the report says:

“Trust in the police is vital—from the Chief Constable to the most junior police officer. Police ethics—their honesty, their integrity, their impartiality, their openness—should be beyond reproach … High standards—of both conduct and accountability—also need to be demonstrated by those charged with holding the police to account”.

I believe that, for the overwhelming majority of time, the police achieve the standards required of them —a view supported by the survey undertaken for the committee. However, any straying from those standards must be a cause for concern.

The report does not deal with issues relating to the impact on police officers of cutbacks in staffing, but it would be unrealistic to imagine that poor morale among officers, chief constables and the Metropolitan Police Commissioner in expressing concerns about the impact on effective policing and police numbers of further projected financial cuts, at this of all times, and a Government who have created uncertainty over intended changes in the police funding formula, does anything at all to promote or enhance the kind of culture or standards in policing referred to in the report. I hope that, in considering this report, the Government have taken and will continue to take a look at the impact of their decisions and decision-making on leadership, ethics and accountability in policing.

In his foreword to the report, the noble Lord, Lord Bew, states in respect of police and crime commissioners that there has been evidence of a,

“new impetus in many areas—greater innovation, increased visibility and a greater focus on community engagement and victim support”.

However, he then goes on to say that,

“there is also clear evidence of significant standards risks, including continuing confusion over roles and responsibilities, insufficient challenge and scrutiny of PCCs’ decisions and insufficient redress where a PCC falls below the standards of behaviour that the public expects of a holder of public office”.

A great many, if not all, of the issues referred to by the noble Lord, Lord Bew, were raised and, I would have to say, largely dismissed, by the then coalition Government during discussions on the Police Reform and Social Responsibility Act 2011. At that time, the Government’s attitude was to get the Bill through as quickly as possible and then hold elections for police and crime commissioners with their very considerable, relatively unchallenged powers, as has already been said, irrespective of how few people might vote in the elections. Detailed considerations on what would be appropriate structures, roles and responsibilities, checks and balances and effective and necessary governance arrangements did not appear to have the same priority.

This report by the Committee on Standards in Public Life forms a basis for a proper discussion of some of these issues, at least where they relate to the role and functions of the committee. I hope that it is an opportunity that the Government either are taking or will take. However, the omens are not all positive. In a parliamentary Written Answer a month ago, in response to a question about the effectiveness of police and crime commissioners, there was no mention of any of the specific issues that had by then been raised in the report by the Committee on Standards in Public Life or, indeed, of any government consideration being given to those issues. Presumably, the Minister will give a government view on the committee’s 20 recommendations —not least, those that seek to address the “significant standards risks” identified by the committee, including a,

“confusion amongst the public and the participants about roles and responsibilities, especially in relation to where operational independence and governance oversight begin and end … a significant absence of a clear process to take action against a PCC whose conduct falls below the standards expected of public office holders, resulting in that behaviour going unchallenged and uncensured … concerns about the robustness of current selection processes for chief officers … PCCs not encountering sufficient constructive challenge or active support in exercising decision making powers … barriers to the effective operation of Police and Crime Panels as scrutinisers including support, resources and the consistency and credibility of representative membership … a lack of timely and accessible information being provided to Police and Crime Panels by PCCs affecting Police and Crime Panels’ ability to scrutinise and support the PCC”,

and,

“potential for high risk conflict of interests in roles jointly appointed by PCCs and Chief Constables … and risks inherent in the combined role of Chief Executive and Monitoring Officer to the PCC”.

Those issues were all raised in the report from the Committee on Standards in Public Life.

It also referred to confusion between and inherent tensions in the current police complaints system and the complaints system attaching to PCCs, and a gap in the expectations of the public in how complaints against PCCs would be resolved, especially when this involves unethical but not criminal behaviour. The Committee concluded that, combined, the factors to which I have just referred also impacted on the ability of police and crime panels to ensure—it is part of their role—

“that decisions of PCCs are tested on behalf of the public on a regular basis.”

Like other noble Lords who have spoken, I look forward to the Government’s response, which I hope will promote rather than shut down further debate, bearing in mind that the current police model is the one the present Home Secretary introduced and presumably felt would work effectively.

Police: Officer Offences

Lord Rosser Excerpts

Thursday 19th November 2015 Lords Chamber

[Lord Bates]

My noble friend is right to say that it is a matter of public record. What we are trying to do here in the wider sense is to have a central role for the College of Policing, which we have established, to raise standards across a whole raft of areas. It has now introduced a “struck off” list. Some 444 police officers have been struck off, and that is a matter of public record. We have also said that disciplinary hearings need in future to be held in public and to be chaired by an independent, legally qualified individual. These are all steps in the same direction that I think the noble Lord wants to go.

[Lord Rosser (Lab)]

A recent freedom of information request asked how many officers and PCSOs had been convicted of criminal offences since 2012 and for the total number of serving officers with criminal convictions. What was surprising from the outcome of that FoI request was the number of police forces—nearly half—which declined to provide the information sought on grounds of cost or did not respond at all. Of course, the overwhelming majority of police officers are committed to their job and to serving their community and it is important to place that on the record, but since police and crime commissioners were meant to provide greater police accountability to the public, do not the Government find it surprising that PCCs would not have already obtained for themselves the information sought in the FoI request to which I have referred about their own force, including the policy on recruiting new officers with previous convictions and retaining in the service those convicted of offences while in the force? That clearly could not have been the case in respect of those PCCs for those forces which did not provide the figures sought.

[Lord Bates]

One role of the PCC is to have exactly that conversation with the chief constable in their area and to make sure that they are aware. When I looked into the detail of those freedom of information requests—which, on face, cause me as much distress as I am sure they cause the noble Lord—I found that in many cases, while there was a conviction for a current officer, that was countered by the fact that they were still undergoing gross misconduct procedures or appealing a particular decision. That was one of the reasons why those figures came out, but those conversations should be going on as a routine matter between PCCs and chief constables to maintain public confidence.

Drones: Risks to Passenger Aircraft

Lord Rosser Excerpts

Thursday 19th November 2015 Lords Chamber

[Lord Geddes (Con)]

My Lords—

[Lord Rosser (Lab)]

I do not share the view already expressed that the Minister’s response was positive. The Civil Aviation Authority is warning that drones being flown as high as 2,000 feet are putting passenger aircraft in danger. It has now issued safety guidelines known as the drone code to discourage hobbyists from using their equipment in areas where large aircraft are present. Frankly that seems a pretty tepid response if it reflects the Government’s approach. First, the potential dangers of drones to passenger aircraft have been known for a few years and, secondly, six incidents involving drones at or close to airports were reported between May 2014 and March this year. Do we have to wait for a major incident to occur before meaningful action is taken? How can the potential risk to passenger aircraft be said to have been addressed when there appears to be so little effective control over who can acquire and fly a drone, and where?

[Lord Ahmad of Wimbledon]

I look forward to the day when the noble Lord says I have made a positive remark from this Dispatch Box. That remains a personal ambition. I am sure that that is not the case, I say to the Opposition Chief Whip. The noble Lord is fully aware, I am sure, that the Air Navigation Order 2009 lays out specific measures for operators, covering issues of safety and security. Equally, as I have already said, it is right that we look at this evolving area, particularly over the fact that drones available for leisure activity are more widespread. The noble Lord talked about the negative response. The CAA has launched a particular campaign for small operators, which is entitled You Have Control: Be Safe, Be Legal, which the Government support. I have already alluded to the public dialogue and the consultation that I am sure will yield positive results.

Criminal Justice: Anonymity

Lord Rosser Excerpts

Tuesday 17th November 2015 Lords Chamber

[Lord Bates]

This is a very difficult issue. We have historic cases in which very serious allegations were made, and in places such as Rotherham, Manchester and Oxford, there is often a public outcry and a feeling that the police have not taken the claims seriously enough. That has to be balanced against the right to fairness and due process throughout. In the past, child sexual exploitation has far too often been swept under the carpet; it needs to be brought out into the open and reviewed. That is why we set up the inquiry and why we have told the police that they need to investigate all allegations based on their credibility, rather than that of the complainant.

[Lord Rosser (Lab)]

The Minister referred to the ACPO guidelines. If I understand them correctly, the guidelines accept that in exceptional circumstances, the police may release the name of a suspect if it is considered to be in the public interest to do so. Also, when a media organisation has already discovered a suspect’s name through investigative journalism and seek confirmation of it, the police are permitted to confirm the name. Do the Government believe that the ACPO guidelines should be amended or reviewed?

[Lord Bates]

The College of Policing guidelines on the relationship with the media are currently under review. A number of the points raised during this Question would merit submission to that review.

Airport Security

Lord Rosser Excerpts

Tuesday 10th November 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

I think I have already answered the question. The British Government have been, continue to be and will in future be engaged with countries and airports across the world to ensure that we address safety concerns. The noble Baroness asked about the situation on the ground in Sharm el-Sheikh, but I am sure she has also been following the fact that the British Government, working together with airlines—I commend their actions in this respect—has already resulted in more than 7,700 UK citizens returning to the UK over the last few days. We continue to work with the Egyptian authorities on the ground and with the airlines, so that all other remaining passengers who wish to return are returned to the UK as soon as possible.

[Lord Rosser (Lab)]

The Government said last Thursday in this House:

“We have continuing arrangements with authorities across the world to review aviation security arrangements in airports regularly to ensure that they are meeting required standards”.—[Official Report, 5/11/2015; col. 1805.]

In the light of the last question, when was the last review of the airport at Sharm el-Sheikh, and did it reveal that the security arrangements met the required standards? If it did so, what confidence can we have in these reviews, in the light of the recent apparent outrage and the Government’s no doubt justified decision to suspend UK-operated flights to and from Sharm el-Sheikh? Finally, will future reviews of airports across the world simply look at trying to ensure that existing security arrangements work properly, or will they look at introducing new features to enhance security?

[Lord Ahmad of Wimbledon]

Again, I shall not go into specific details of security arrangements, but the Government, as I am sure that the noble Lord is aware— and as the whole House is aware—continue to work on the ground with the respective sovereign authorities and airlines to ensure that we not only minimise but eradicate the risk and ensure the safety and security of all passengers. We will continue to do so.

Syrian Refugees

Lord Rosser Excerpts

Monday 9th November 2015 Lords Chamber

[Lord Rosser (Lab)]

Will the Minister clarify the situation a little more? How many councils in the United Kingdom have finalised agreements, including financial arrangements with the Government, to take 1,000 Syrian refugees before the end of the year under the scheme? How many Syrian refugees are covered by agreements that have already been finalised?

[Lord Bates]

We have issued guidance on this for local authorities. The Prime Minister made the announcement on 7 September and it is up to local authorities to come forward and volunteer to be part of the scheme, and they are coming forward. That is important because they need to make sure that they have the ability, through schools and social care, to do it properly. This is a fast-moving situation. We do not have a number on the specific local authorities, but 140 individuals have arrived since 7 September. The Prime Minister has given a commitment that we will seek to get 1,000 here by Christmas. We will do that, providing we work in partnership with local authorities.