Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 3) Order 2021

Lord Rosser Excerpts

Thursday 25th November 2021 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Government are committed to protecting the people of this country, and tackling terrorism in all its forms is a critical part of that mission. As the House will be aware, following the tragic death of Sir David Amess last month and the explosion outside Liverpool Women’s Hospital earlier this month, the independent Joint Terrorism Analysis Centre raised the threat level in the UK from “substantial” to “severe” on 15 November. A severe threat level means that an attack is highly likely. Terrorism poses a persistent and enduring risk to our way of life. Public protection is our number one priority, and we continue to work extremely closely with counterterrorism policing and intelligence and security agencies in this vital endeavour.

The Government’s position towards Hamas is well documented. Not only do we have a no-contact policy with the entirety of the group and currently proscribe the military wing; we also uphold the EU sanctions against Hamas in our new domestic regime in their entirety. The Government condemn Hamas’s indiscriminate and abhorrent rocket attacks and remain resolute in our commitment to Israel’s security. We continue to call upon Hamas permanently to end its incitement and rocket fire against Israel.

The threat posed by terrorist organisations varies depending on the group’s ideology, membership and ability to train members. Groups like Hamas focus on training their members in terrorism as well as preparing and committing terrible acts of violence against innocent members of the public. We have a duty to our allies as well as our own people to tackle groups that inspire and co-ordinate terror on the international stage. While we can never entirely eliminate the threat from terrorism, we will always do all we can to minimise the danger it poses and keep the public safe.

Some 78 terrorist organisations are currently proscribed under the Terrorism Act 2000. Thanks to the dedication, courage and skill of counterterrorism policing and our security and intelligence services, most of these groups have never carried out a successful attack on UK soil. Proscription is a powerful tool for degrading terrorist organisations, and I will explain the impact that it can have shortly.

We propose to amend the existing listing of Hamas-Izz, al-Din, al-Qassem brigades—I am sure that I pronounced those completely wrongly—or Hamas IDQ, in Schedule 2 to the Terrorism Act 2000 to cover Hamas in its entirety. Under Section 3 of the Terrorism Act 2000, the Home Secretary has the power to proscribe an organisation if she believes it is currently concerned in terrorism.

If the statutory test is met, the Home Secretary may then exercise her discretion to proscribe the organisation. The Home Secretary considers a number of factors in considering whether to do so. The relevant discretionary factors for Hamas are the nature and scale of the organisation’s activities, the specific threat posed to British nationals overseas and the need to support other members of the international community in tackling terrorism.

The effect of proscription is to outlaw a listed organisation and ensure that it is unable to operate in the United Kingdom. Proscription is designed to degrade a group’s ability to operate through various means, including enabling prosecution for the various proscription offences; underpinning immigration-related disruptions, including excluding members of groups based overseas from the UK; making it possible to seize cash associated with the organisation; and sending a strong signal globally that a group is concerned in terrorism and has no legitimacy.

It is a criminal offence for a person to belong to, support or arrange a meeting in support of a proscribed organisation. It is also a criminal offence to wear clothing or carry articles in public which arouse reasonable suspicion that an individual is a member or supporter of a proscribed organisation. The penalties for proscription offences are a maximum of 14 years in prison and/or an unlimited fine.

Given its wide-ranging impact, the Home Secretary exercises her power to proscribe only after thoroughly reviewing the available evidence on an organisation. This includes open-source material, intelligence material and advice that reflects consultation across government, including with intelligence and law enforcement agencies. The cross-government proscription review group supports the Home Secretary in her decision-making process. The Home Secretary’s decision to proscribe is taken only after great care and consideration of the particular case; it is appropriate that it must be approved in both Houses.

Having carefully considered all the evidence, the Home Secretary believes that Hamas in its entirety is concerned in terrorism and that the discretionary factors support proscription. Although I cannot comment on specific intelligence, I can provide the House with a summary of the group’s activities. Hamas is a militant Islamist movement established in 1987, following the first Palestinian intifada. Its ideology is related to that of the Muslim Brotherhood, combined with Palestinian nationalism. Its main aims are to liberate Palestine from Israeli occupation, the establishment of an Islamic state under sharia law and the destruction of Israel. Although Hamas no longer demands the destruction of Israel in its covenant, the group operates in Israel and the Occupied Palestinian Territories. Hamas formally established Hamas IDQ in 1992; the IDQ was proscribed by the UK in March 2001.

At the time, it was determined that there was a distinction between the political and military wings of Hamas and that the only part of the organisation which was concerned in terrorism and should be proscribed was the military wing. Over the last 20 years, Hamas’s so-called military and political wings have grown closer, with any distinction between them now considered artificial. The Government’s assessment is that Hamas is a complex but single organisation made up of constituent parts, one of which includes Hamas IDQ. It is clear that these constituent parts are not wholly independent of Hamas’s so-called political wing; they take strategic direction from it. There is also movement of key individuals across the organisation and a shared ideology. It is clear that the current proscription listing of Hamas does not reflect its true structure. That is why this order has been laid.

The Home Secretary has a reasonable belief that Hamas in its entirety is concerned in terrorism. It is our assessment that the group prepares for, commits and participates in acts of terrorism. There is also evidence that the group promotes and encourages terrorism. Indiscriminate rocket or mortar attacks against Israeli targets are key examples of Hamas committing terrorism. During the May 2021 conflict, over 4,000 rockets were fired indiscriminately into Israel. Civilians, including two Israeli children, were killed as a result. The rocket attacks also targeted airports and maritime interests.

We also know that Hamas frequently uses incendiary balloons to launch attacks from Gaza into southern Israel. There was a spate of such attacks during June and July of this year, causing fires and resulting in serious damage to property. These attacks were likely carried out by both Hamas and Palestinian Islamic Jihad, which is already proscribed.

Only last summer, Hamas launched camps in Gaza which focused on training groups, including minors, to fight. In a press statement, Hamas described the aim of these camps as to “ignite the embers of jihad in the liberation generation, cultivate Islamic values, and prepare the expected victory army to liberate Palestine”. This vile indoctrination of young people into the organisation’s violent ideology shows how diametrically opposed it is to our country’s core values.

This is not a commentary on the ongoing tension in Israel and the Occupied Palestinian Territories, nor is the action that we are taking a departure from the Government’s long-standing position on the Middle East peace process—I want to be very clear about that. We continue to support a negotiated settlement leading to a safe and secure Israel living alongside a viable and sovereign Palestinian state. This decision is based on the Government’s assessment that Hamas, in its entirety, is concerned in terrorism and that proscription is a proportionate action to take, and nothing more. Having concluded that the distinction maintained in the list of proscribed organisations is artificial, it is right that we address it. Hamas, in its entirety, is a terrorist organisation. We must be clear on this to avoid conferring legitimacy on any element of the organisation.

It goes without saying that this Government do not provide any assistance to Hamas or the government structure in Gaza, which is made up of Hamas members. However, the proscription will not prevent aid reaching civilians in need. In Gaza, we have strong controls in place to monitor spending and ensure that aid sent into the region reaches its intended beneficiaries. I also want to stress that this action is aimed squarely at a terrorist group based abroad and does not target any part of the Palestinian diaspora or Muslim communities who contribute so much to our country. The Home Secretary and I are very clear that we will not tolerate hatred being directed towards any community. Hate crimes against any group or individual are utterly unacceptable, which is why the police and Crown Prosecution Service have robust powers to take action against perpetrators.

The enduring and wide-ranging nature of the threat from terrorism demands an agile approach and a comprehensive strategy. This includes confronting groups that participate in and prepare for acts of terrorism and that unlawfully glorify horrific terrorist acts. We must use every tool at our disposal to prevent them from stirring up hatred and division in our communities. We will never be cowed by those who hate the values that we hold dear. The safety and security of our public is our No. 1 priority. I therefore commend the order to the House.

[Lord Rosser (Lab)]

The draft order amends Schedule 2 to the Terrorism Act 2000 by changing the existing listing for—I will say—Hamas IDQ to cover Hamas in its entirety. I thank the Minister for her letter to me of 22 November on this proscription order. We agree with the proscription Motion and support the decision to proscribe Hamas in its entirety. The decision brings us into line with the European Union, the United States and Canada.

The Labour Government proscribed Hamas’s military wing in 2001 and made the assessment that there was at that time a meaningful distinction between the military and political wings. Having taken advice from the cross-government proscription review group, it is the Home Secretary’s assessment that this distinction is no longer meaningful. She has concluded that there is interconnectivity and co-operation between Hamas’s constituent parts and that Hamas’s constituent parts are not wholly independent of the so-called political wing of the organisation and take strategic direction from it. Hamas, the Government have said, is a complex but single terrorist organisation. As the Minister has said, the Government assess that Hamas commits and participates in terrorism, and the Minister has set out evidence for that conclusion.

The proscription also affects the ability to raise money and means significant restrictions on any activity here in the UK, but we need to remember that proscription is only one of the many measures available to us to tackle terrorism. In that regard, we express our thanks to our security services and emergency services for all the invaluable and effective work that they do in protecting us all.

Small Boats Incident in the Channel

Lord Rosser Excerpts

Thursday 25th November 2021 Lords Chamber

[Lord Rosser (Lab)]

My Lords, since the Statement was made in the Commons only a relatively short time ago, what I intend to say will be very similar to what was said by the shadow Home Secretary in response to it there.

[Viscount Hailsham (Con)]

It will be precisely the same.

[Lord Rosser (Lab)]

It is not entirely the same, but very close.

On a serious note, yesterday’s tragedy was the most tragic of reminders of the dangers of the English Channel, and that people’s lives are at risk every day in these small boats. It is a sobering moment for us as a nation, for France and for the international community. As I understand it, at least 27 people have died. We think of those lost, their loved ones left behind, and the two who were rescued, who are receiving medical treatment and fighting for their lives. I pay tribute to all those involved in the joint French-British search operation in the air and on the sea, putting themselves in danger to help others.

I believe that there have been arrests in France of those suspected of the vile crime of people smuggling. I appreciate the difficulties and sensitivities when there is an ongoing legal case, particularly in another jurisdiction, but I hope that the Government can assure the House that we will give all the co-operation required by the prosecuting authorities in France if we are able to help in that regard.

On the arrangements that we have in place with the French authorities, and the £54 million, referred to in the previous debate, can the Government set out for how many days a week the full existing surveillance capacity is operating? What will they be doing—as a matter of urgency, I hope—to increase that surveillance, particularly in light of what has happened? What will the Government be doing to deepen intelligence and law enforcement co-operation with the French authorities in other countries, so that the focus is on not only coastal patrols, as it appears to be currently, but disrupting the routes often facilitated across hundreds or thousands of miles by the gangs, who have a reckless disregard for human life?

May I press the Government on properly managed, safe and legal routes, and specifically the position on the Dubs scheme? It was closed down, having helped only some 480 unaccompanied children rather than the 3,000 many expected it to help. Will that scheme be urgently reinstated?

In the Statement, the Government spoke of a worldwide migration crisis, and that is the reality. In view of that, can the Government revisit their decision to cut the international aid budget and lead on the international stage with other countries to help those fleeing persecution? Yesterday’s terrible tragedy must be a moment for change. The time for urgent action to save lives is now.

I noticed that the Home Secretary said in the Statement that she has approved maritime tactics, including boat turnarounds, for border staff to deploy. Can the Minister tell us a little more about these maritime tactics that have been approved? What changes will take place as a result?

As I say, there is a reference to boat turnarounds. I presume that means turning around boats in the channel and sending them back to France, but perhaps the Minister could indicate precisely what that means and whether there are other maritime tactics, as the Statement implies, apart from those boat turnarounds.

I also picked up in the Statement that the Minister repeated the Government’s position, which they have stated on numerous other occasions, that people should claim asylum in the first safe country they reach, and that nobody needs to flee France to be safe. Presumably, if our Government’s stance is that you should claim asylum in the first safe country you reach, they would have to accept that for most people who have come through France and then across the channel on small boats, unless there is evidence to the contrary, France was not the first safe country that they reached. Presumably, most went through other safe countries before they got to France. Do the Government accept that, on the basis of their own statement that you should claim asylum in the first safe country you reach, France’s situation is, in that sense, no different from ours, because France would probably not have been the first safe country that they reached? Some clarification on that issue might be helpful in the reply that I hope the Minister will give to my comments.

[Lord Paddick (LD)]

My Lords, I repeat that my thoughts are with all those affected by yesterday’s tragedy in the channel. I asked for the Statement to be repeated so that Members of this House who had not signed up to the debate that we just had on this subject, scheduled before this tragedy happened, had an opportunity to question the Government.

The Home Secretary talked about traffickers finding people to manipulate and said that some of them do not even know that they are coming to the UK. What evidence can the Minister share with the House that people smugglers

“threaten … bully and assault the people who get into these boats”?

What evidence is there that asylum seekers, who must know that they are in France, or at the very least in mainland Europe, who are getting into boats, do not know that they are coming to the UK?

The Home Secretary gives the impression that vulnerable people are being forced against their will into these boats. Surely people traffickers would be only too happy to save money on boats and leave those who had already paid them in mainland Europe? Is it not the truth that these desperate people, who often speak English and no other European language, and who often have relatives or other people they know in the UK, know that they cannot seek asylum in the UK unless they are in the UK?

The Home Secretary says that people traffickers

“use the money they make for other heinous crimes”.

What are the heinous crimes to which the Home Secretary is referring? She also talked about a

“wide range of operational and diplomatic work”.

How can the Home Secretary talk about boat turnarounds the day after at least 27 people lost their lives, given that it is a tactic that can only increase the risk of further tragic deaths?

On diplomatic work, Ministers have talked about processing asylum claims in places such as Albania and Ascension Island. Meanwhile, Albania angrily denies any discussion on the issue and says that it would never agree, even if there had been discussions. Are the Government just making it up, and have they not got beyond the letter A in the list of fictitious partners?

The Home Secretary talked about the Government not being able to do it alone and it being impossible without close co-operation between international partners. Has leaving the European Union made such co-operation easier or more difficult? Is it not the case that, rather than pointing the finger at the French, who take more asylum seekers per head of population than the UK, or at the people traffickers, whom Clare Moseley of Care4Calais described as a symptom of the problem and not its cause, the Government should look in the mirror? The problem is not taking climate change seriously enough. The problem is reducing the UK foreign aid budget. The problem is UK foreign policy failures. All make it more difficult for people to remain where they are. The problem with channel crossings is that this Government refuse to allow people to claim asylum unless their feet are on British soil.

Migrants

Lord Rosser Excerpts

Thursday 25th November 2021 Lords Chamber

[Lord Rosser (Lab)]

I, too, thank the noble Baroness, Lady Hoey, for securing this debate. As has been said, it comes at a time when we have just seen a human tragedy in the English Channel—a reminder of the dangers of the channel and the fact that people’s lives are at risk every day in these makeshift, flimsy, small boats.

The number arriving in small boats remained relatively small until about two years ago. While clamping down on those coming in the back of lorries has been a factor, Brexit meant our exiting the Dublin III regulation, so the UK no longer has an agreement with any EU member state to return individuals who had set foot in those countries first prior to claiming asylum in the UK. Not only did we exit the Dublin III regulation, the Brexit deal failed to agree any working alternative or alternative safe and legal routes.

In addition, there is both underresourcing and significant staff change at the Home Office, as noted in the most recent report, I believe, of the Independent Chief Inspector of Borders. There just are not enough staff to process the asylum applications and this contributes to longer and longer wait times. Some 87% of cases were dealt with in six months in 2014; that had fallen to 20% by 2019.

The reason for this situation is a cut in resources for legal and general support for Home Office officials deciding cases. Everything, frankly, is down to bare bones. A better-resourced system could vet better and more quickly and progress cases through the system either to granting asylum or to enforced removal. A lack of resources means poor case management and mistakes being made and delays created. It serves neither those making claims nor, indeed, the general public.

No doubt, those involved in human trafficking are aware that first, the UK has no extradition treaty to replace Dublin III and, secondly, that once here, individuals will be in the creaking system for some time, perhaps for more than a year or, indeed, several years.

I want also to repeat some of the figures that have already been quoted because, while asylum cases have increased recently, as have been said, asylum cases peaked at just over 84,000 in 2002, falling to just under 18,000 in 2010 before rising again to just above 35,500 in 2019. However, as has been pointed out, that figure is well below the 2002 one.

As has already been said, asylum seekers made up about 6% of all immigrants to the UK in 2019. While I think the figure mentioned was of 98% of those arriving by boat in the English Channel being recorded as claiming asylum, they are, in fact, largely people coming from war-torn countries rather than economic migrants, as we are sometimes led to believe.

According to other statistics from the Library, to which reference has already been made, the percentage refused at the first stage was at a high of 88% in 2004, falling to 59% in 2014, and again to 48% in 2019. So 52% of all asylum applications are approved or accepted at the first stage. However, as of June this year, 125,000 cases were logged in the system, and that is the highest since records began in 2011, and more than twice the figures for 2014. The thing to note is that any problem with caseload is less than that of other countries, which appear to be handling them rather more efficiently. In 2020, there were six asylum applications for every 10,000 individuals in the UK; the EU 27 average is almost twice that, at 11 applications per 10,000.

This is a serious problem. First, it does not best support asylum seekers, because those in genuine need of protection and support are left in a state of uncertainty longer than necessary. Secondly, those who are not bona fide asylum seekers are not best served by delaying their return, creating false hope. Thirdly, it badly lets down the public and their legitimate expectations of the system and arrangements.

The Home Secretary has been in post for more than two years, and has repeatedly committed to stopping channel crossings in small boats by making the route unviable. I am not sure whether she thinks she has been particularly successful. The reality is, of course, that we have seen unprecedented numbers making the journey in small boats, with a very high figure indeed for this year alone. The Home Secretary’s approach has, frankly, failed to deliver, and perhaps it is time it needs a change of approach.

The Government need an effective deal with the French authorities, they need to establish safe and legal routes and they need to reopen the Department for International Development, the department that addresses why people flee their homes in the first place. There seems some confusion in government quarters as to whether or not the Government believe that the arrangements they have with the French authorities are giving value for money. We are told of the figure of £54 million. At times, we read of Ministers saying the French are not doing everything they should, but at other times we have Ministers telling us how many trips across the channel have been stopped by the French authorities. I should be interested to know from the Government’s response today whether they believe they are getting value for money in what they are paying to the French or not, as there seems to be a degree of confusion in the comments made.

The reality is that we need meaningful action to support genuinely vulnerable people, to improve the somewhat chaotic and perhaps less than humane asylum system and, of course, to bring criminal gangs to justice. We need binding targets to process cases more quickly, so that people in need of help are not left in limbo, in a state of uncertainty. We need to push for action on international deals and agreements, including to stop gangs in France and elsewhere profiting from people’s desperation. I wonder whether sufficient attention, despite what the Government maintain happens, is actually given to dealing with those gangs, who are the cause of the trouble, as opposed to various schemes to stop their victims—because that is what they are—who are left crossing the English Channel in small boats. It is far better, I should have thought, to deal with the problem at source, which is the criminal gangs who encourage those trips to be made and make considerable sums of money out of it.

We need improved support for victims of modern slavery and human trafficking and tougher sentences for perpetrators. We need to re-establish our country’s commitment to spend 0.7% of GNI on international aid to help to tackle the forces driving people from their homes in the first place. For as long as we do not address that problem, we will get these large movements of people, some fleeing persecution and no doubt some on economic grounds seeking a better life. Finally, we need action to establish safe and legal routes, such as by re-establishing the Dubs scheme to help unaccompanied children to escape war zones. In their response, the Government might wish to comment on whether they agree that the action that I have suggested needs to be taken or whether they disagree with what I have said.

Operation Warm Welcome

Lord Rosser Excerpts

Thursday 25th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Baroness gets to the heart of what an ideal system looks like, which is integration into communities. There is of course a community sponsorship scheme; I pay tribute to the Church of England, and the Catholic Church in my own area, for the work they have done on that. On what we are doing to incentivise, we are giving £20,500 to local authorities over three years to support each person’s integration. As I say, we are most grateful to those 323 local authorities which have pledged their support.

[Lord Rosser (Lab)]

I believe the Minister said that there were 12,000 in hotels. How many have been resettled into permanent homes? I do not think she gave that figure but, as she said, there is no shortage of local authorities ready to provide support. There are of course issues with shortages in housing, for reasons that we all know. Is the scheme backed by full costs for a year going from central government to local councils?

[Baroness Williams of Trafford (Con)]

We brought 15,000 people here and 12,000 are in bridging hotels. There is slightly more complexity to it than there being no shortage of offers, because some of the families are quite big. Sourcing accommodation suitable for large families is therefore perhaps more of a challenge than it might be. But we are working at pace and across government to try to get people permanent accommodation.

Police, Crime, Sentencing and Courts Bill

Lord Rosser Excerpts

Committee stage
Wednesday 24th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

Report will not be treated like a Committee stage, but I have no intention of moving amendments that this Committee intends to vote against, so I shall withdraw them.

[Lord Rosser (Lab)]

Can I confirm, though, that we will be going on until such time as we conclude the Committee stage—that is, as far as today and the early hours of the morning are concerned? So if it takes until 2 am to get through this list, we will be here until 2 am, and if it takes till 4 am, we will be here till 4 am. What the Minister said was a statement of hope that we would finish tonight; it is not an undertaking from the Government that we will not go on beyond midnight, even. Can I be clear on that?

[Baroness Williams of Trafford (Con)]

We will finish Committee today—and, yes, a statement of hope is certainly what it is.

--- Later in debate ---

[Lord Paddick (LD)]

My Lords, I thank the noble Lord, Lord Russell of Liverpool, for moving Amendment 292N on behalf of the noble Baroness, Lady Newlove; I wish her well.

Victims of stalking, including female Members of Parliament, are being failed, as the noble Baroness has just said. As the noble Lord, Lord Russell, set out in his opening speech, there were 892,000 victims of stalking in the year to March 2020, according to the crime survey. The noble Lord pointed out the findings of the HMICFRS report on violence against women and girls regarding the inconsistent approach across different police forces to stalking protection orders; that the majority of orders had no positive obligation on the perpetrator; and that officers in force areas were unaware that the perpetrators were even subject to the orders, so there was no enforcement of the orders.

There is clearly a need to address perpetrator behaviour, in addition to protecting victims. My noble friend Lady Brinton said—and I agree—that stalking is not being taken seriously enough. That is as much a cultural issue for the police and courts as it is for society as a whole. There is clearly a need for a stalking strategy to ensure a consistent and effective response from all the authorities involved, as the noble Lord, Lord Hunt of Kings Heath, just said—not just the criminal justice system but charities and others that offer services to address the behaviour of offenders. We support this amendment.

[Lord Rosser (Lab)]

I will be very brief as the case for this amendment has been so eloquently put by the noble Lord, Lord Russell of Liverpool, and other noble Lords who have spoken. I take this opportunity to pay tribute to the noble Baroness, Lady Newlove, who unfortunately cannot be in her place tonight, and to the other noble Lords who are signatories to the amendment, for their tireless work on this issue. In that context, I also pay particular tribute to my noble friend Lady Royall of Blaisdon, who cannot be in the Committee today, for her dedication and years of leadership on this issue.

I know the Minister is also passionate about this issue, but for years the House has found itself returning to this debate, as the noble Lord, Lord Russell of Liverpool, said, and each time the answer from the Government is largely that the current system is adequate although improvements are needed in how it is delivered. Yet each time we come back to it, more women have been killed and more lives devastated. This amendment has our wholehearted support, and I hope we can now look forward to a clear and encouraging response from the Government.

[Baroness Williams of Trafford (Con)]

My Lords, I thank the noble Lord, Lord Russell of Liverpool, for setting out this amendment calling for a strategy on stalking. As the noble Baroness, Lady Brinton, pointed out, this can have a devastating impact on the victims that are pursued. I actually have much higher figures than those that noble Lords talked about today: an estimated 1.5 million people were victims of stalking in the last year. I assure noble Lords that this Government are utterly committed to protecting and supporting victims of stalking, as some of our work in the last few years demonstrates. We will do everything that we can to ensure that perpetrators are stopped at the earliest opportunity.

--- Later in debate ---

[Lord Rosser (Lab)]

The amendments in this group to which my name is one of those attached would, based on recommendations by the Joint Committee on Human Rights, remove the proposed new trigger for imposing conditions on public processions based on noise and provide that a person who breaches a condition after deliberately or recklessly avoiding knowledge of the relevant condition can face criminal liability, but without extending the criminal offence to cover persons who breach conditions accidentally. In other words, that amendment would remove the offence of breaching a condition that you “ought to have known” was there. My name is also attached to the notifications opposing Clauses 55, 56, 57 and 61, which concern imposing conditions on public processions and public assemblies, “Offences under sections 12 and 14 of the Public Order Act 1986”, and “Imposing conditions on one-person protests”, respectively.

The Prime Minister said that he would sit in front of the bulldozers to protest against and seek to prevent the construction of a third runway at Heathrow. Can the Government, in their response, say whether he could have been arrested and prosecuted under existing legislation for doing that? If not, could such an arrest and prosecution for that activity be made under the legislation the Government are now pursuing in the Bill? It would be somewhat ironic if the Government were now seeking to introduce legislation to enable action to be taken against the kind of protest that the Prime Minister was only too happy to commit himself to undertaking—presumably, as a democratic right in a democracy.

Likewise, we saw protests against the increase in fuel prices recently, with drivers of goods vehicle trailers going at 5 mph along a motorway, resulting in significant delays to traffic. Can the Government say whether that action could have led to arrests being made and prosecutions taking place under existing legislation? If not, could such arrests be made and prosecutions pursued under the legislation that the Government now propose?

It is important to be clear about the extent to which existing laws do, or do not, enable action to be taken against the kind of protest to which I have referred, along with recent protests by Insulate Britain, and thus whether the issue is the way and extent to which existing legislation is applied and enforced, rather than a need for legislation of the kind now proposed. Insulate Britain protesters have ended up with custodial sentences under existing legislation.

As my noble friend Lord Blunkett wrote in April of this year:

“Protest might be inconvenient for politicians, but it acts as a pressure valve, allowing citizens to express their views and vent frustrations that could otherwise boil over … If we suppress protest, we could see more anger towards institutions including the police, the judiciary and parliament.”


Protest needs to be peaceful and tolerated, and accepted as a democratic right, against which we have to balance the rights of others to go about their daily business. We do not believe that the Government’s proposals in the Bill deliver those goals and reject the attempts to amend the Public Order Act 1986 with this loosely drafted legislation, which would restrict democratic rights to peaceful protest.

Clause 55 imposes conditions on public processions, including powers for the Secretary of State to define

“serious disruption to the life of the community”

or to the activities of an organisation carried out in the “vicinity” of a public procession, as well as powers for the police to impose conditions when they believe that noise might have

“a significant impact on persons in the vicinity”

or may result in

“serious disruption to the activities of an organisation”.

With that reference to noise, it would appear that it is now also protestors and not only children whom some people think should be seen and not heard.

Clause 56 allows the police to place any necessary condition on a public assembly as they can now with a public procession. Clause 57 removes the need for an organiser or participant to have “knowingly” breached a condition and increases the maximum sentences for the offence. Further clauses impose conditions on one-person protests and make significant changes to the police powers contained in the Public Order Act to respond to protest by expanding the types of protests on which the police could impose conditions.

The Bill also widens the types of conditions that the police can place on static protests, since it would significantly lower the legal tests that must be met for the police to issue conditions on protests. The police would be able to issue conditions on protests where they are noisy enough to cause “intimidation or harassment” or

“serious unease, alarm or distress”

to bystanders.

Before using their amended powers to issue conditions on a protest, the police would have to consider the “likely number of persons” affected by the protest, the “likely duration” of the impact and its “likely intensity”. The clause would also widen the types of conditions that the police can issue on static protests to match their powers relating to protest marches. They would also be able to issue any condition on static protests that they think necessary to prevent

“disorder, damage, disruption, impact or intimidation”.

These powers would also amend the offence of failing to comply with a condition imposed by the police on a protest. They would remove the legal test that requires protestors “knowingly” to breach a condition to commit an offence. People would commit the amended offence if they disobeyed a condition that they “ought” to have known was in force. Finally, these powers will allow the police to issue conditions on one-person protests. Currently, protests must involve at least two people to engage police powers.

The Bill includes many ambiguous clauses and will no doubt cause lots of legal argument in the effort to define what they mean. That puts the police in an impossible situation. There is no real drive from them for the government measures that we are discussing in this group of amendments. They do not need more legislation because they already have the powers in place, under the Public Order Act 1986, to impose conditions and to prohibit protests. Good policing is done with discretion. The Bill tries to require the police to do certain things that they may not want to do or may not feel are appropriate.

It is our belief that the powers in the Bill threaten the fundamental balance between the police and the people. The most severe clauses are not actually what the police asked for. We believe that these new broad and vaguely worded proposals would impede the ability of the police, rather than help them in their job. These clauses put way too much power into the hands of the Home Secretary, and the powers threaten our fundamental right to peaceful protest. The proposals risk making protests ineffective and curtail fundamental rights of citizens in a democracy that allow people to express their concerns about the Government of the day or other issues that they feel passionately about.

The provisions of the Bill put more power in the hands of the Home Secretary, who, in the future, may use these powers in an authoritarian way, further impacting on people’s rights. On the power of the Home Secretary to make regulations on the meaning of

“serious disruption to the activities of an organisation … or … the life of the community”,

the former Prime Minister and Home Secretary Theresa May said at Second Reading in the Commons:

“It is tempting when Home Secretary to think that giving powers to the Home Secretary is very reasonable, because we all think we are reasonable, but future Home Secretaries may not be so reasonable.”—[Official Report, Commons, 15/3/21; col. 78.]


Throughout our history, protests and marches have led to significant changes for the better in this country. If the provisions of the Bill had been in place, would they have been stopped for causing annoyance or being too noisy? There is no doubt that those who disagreed with the objectives of the protestors might well have claimed that they were being caused annoyance and found them too noisy.

Windrush Compensation Scheme

Lord Rosser Excerpts

Wednesday 24th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

Well, I think I associated myself with pretty much every point that the noble Baroness, Lady Benjamin, made. As my noble friend said, the Windrush scandal is an injustice, and for decades no one did anything about it. We will do what we can as quickly as we can to ensure that people get the compensation that they deserve as soon as possible.

[Lord Rosser (Lab)]

My Lords, I come back to the point made by my noble friend Lady Lister of Burtersett about the delay and the four-year period. I do not think that my noble friend received any satisfactory explanation as to why it has taken so long. The Home Affairs Committee has called for the scheme to be transferred from the Home Office to an independent organisation, and a National Audit Office report into the compensation scheme found that the scheme was

“not meeting its objective of compensating claimants quickly”.

As I am sure that the Minister will be aware, on 21 June—some five months ago—the shadow Home Secretary called on the Government to give control of the Windrush compensation scheme to a new independent body following systematic mismanagement—that mismanagement being the delay and how few people have so far been compensated. I do not think we have heard any convincing answer as to why responsibility for the scheme should not be handed over to a new independent body.

Clearly the Home Office has failed; it has been criticised by the National Audit Office for that failure. We have had four years of delay. The Minister, on behalf of the Home Office, has not been able to tell us how many more years it will take the Home Office to complete this process. Can I urge her to go back to the Home Office and suggest that the management of the scheme is now transferred to a new independent body, as we called for five months ago, as the Home Affairs Committee has now also called for, and in the light of the National Audit Office report that said that people were not being compensated quickly?

[Baroness Williams of Trafford (Con)]

I thought that I had pointed out both the improvements to the compensation paid since we made changes in December and the difficulties in suddenly moving a scheme out of the Home Office to an independent body. It would not necessarily result in faster and higher payments. As I have said, neither the amount of the payment nor the length of time in which people can apply for compensation are capped.

Police, Crime, Sentencing and Courts Bill

Lord Rosser Excerpts

Lords Hansard - part two & Committee stage
Monday 22nd November 2021 Lords Chamber

[Lord Paddick (LD)]

My Lords, with the leave of the Committee, I will speak briefly. In my comments on the previous group on which I spoke—the one beginning with Amendment 278—I did not mean to suggest that the noble Lord, Lord Carlile of Berriew, was filibustering. I tried to inject a little humour into proceedings, bearing in mind the wide range of issues that we discussed in the debate on that group and the length of that debate. I joked that it was beginning to look like a filibuster. I have apologised to the noble Lord but I wanted to include that apology in the official record.

We support this important amendment. As my noble friend Lady Hamwee said, Section 14 of the Data Protection Act 2018 provides some safeguards against important decisions being taken by automated processing. It allows a human review on appeal with the subject having been told, but only if the decision was “solely” taken automatically, rather than “significantly”, as my noble friend’s amendment suggests. Experience in the American criminal justice system of using algorithms shows that bias in historical decisions is replicated, even enhanced, by algorithms. We therefore support this amendment.

[Lord Rosser (Lab)]

As has been said, Article 22 of the general data protection regulation provides that a person has

“the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.”

It also provides that there is an exemption to this if the automated decision-making is explicitly provided in law. Section 14 of the Data Protection Act 2018 provides, as has been said, some safeguards based on Article 22 for cases where the law allows automated decision-making on things that may have a significant effect on a person. It provides that where a significant decision is made by automated means, the subject may request that the decision is retaken with human oversight. The section currently provides protections for a decision taken, as has once again been said, “solely” by automated means. The amendment would extend this provision to decisions taken solely “or significantly” by automated means.

The issue of automated decision-making will become, and indeed is becoming, increasingly prevalent in our lives—a point made by all sides during the passage of the 2018 Act, when we tried to add far stronger safeguards to the then Bill to prevent decisions that engaged an individual’s human rights being decided by automated means. On that basis, I am certainly interested in the points raised to extend the right of appeal to decisions that are based “significantly” on automated processing.

Finally, it is potentially concerning that the Government are currently consulting on removing Article 22 of the GDPR and the associated protections from UK law altogether. I believe that consultation closed last week. Can the Government give an indication of when we can expect their response?

[Lord Sharpe of Epsom (Con)]

My Lords, I am grateful to the noble Baroness, Lady Hamwee, for explaining this amendment, which relates to automated decision-making. Let me first say that the Government are committed to maintaining high standards of data protection and agree that the clarity of safeguards relating to automated decision-making is important. The Government are also aware of some of the difficulties faced by organisations in navigating the terminology of these automated processing provisions.

As all noble Lords have noted, to address this issue the Government are currently seeking evidence via a public consultation, which is being run by the Department for Digital, Culture, Media and Sport. As the noble Lord, Lord Rosser, noted, that consultation closed only last Friday. He also mentioned Article 22. The consultation is looking at the need for legislative reform of the UK data protection framework overall, including GDPR and the Data Protection Act 2018. It covers Article 22 of the UK GDPR, including organisations experienced with navigating the solely automated processing and similarly significant terminology. As I say, that consultation closed on 19 November.

In examining the responses to the consultation, the Government will consider the safeguards in respect of automated decision-making that involve personal data in the round. We will address this matter in the government response to the consultation, which we expect to publish in the spring. We also look forward to the report of the inquiry by the Justice and Home Affairs Committee, chaired by the noble Baroness, Lady Hamwee, and will take its conclusions and recommendations into account when bringing forward our proposals for legislation. In the meantime, with apologies for being brief, I invite the noble Baroness to withdraw her amendment.

Emergency Services: Ministers of Religion

Lord Rosser Excerpts

Monday 22nd November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

The group led by the National Police Chiefs’ Council, joined by the Catholic Church and the College of Policing, will determine what such a framework looks like. It was a surprise to me that this had not come up before, and therefore it needs some thinking about, including on whether changes are required to the guidance issued to police faced with such situations.

[Lord Rosser (Lab)]

Our thoughts too are very much with the family and friends of Sir David Amess, particularly today. As has been said, Cardinal Vincent Nichols and the Metropolitan Police Commissioner have agreed to create a group reviewing last rites access for priests at crime scenes. Presumably, there is a need to ensure that a crime scene remains protected and not disturbed, and that the person seeking access is who they say they are. First, has this matter of access or lack of it for ministers of religion been a concern before and, if so, with representatives of which faiths? Secondly, is the question of such access presently covered by College of Policing or other guidelines?

[Baroness Williams of Trafford (Con)]

It does not seem to have come up as an issue before, and that is precisely why this group is meeting to see if there are any gaps in the guidance issued to police to deal with such incidents.

Terrorist Incident at Liverpool Women’s Hospital

Lord Rosser Excerpts

Wednesday 17th November 2021 Lords Chamber

[Lord Rosser (Lab)]

I express our gratitude to the emergency services, which had to deal and are still dealing with this awful incident and its aftermath, whether that incident be terrorism-related or not. I also pay tribute to the bravery and actions of David Perry, the driver of the taxi, and express the hope that his recovery proves to be full and complete. We have to be ever vigilant and proactive in combating and thwarting abhorrent acts of this kind.

I have just two questions. First, the Government have had a report on dealing with so-called lone actors. What are the Government doing with that report? We have called for a judge-led review. Secondly, in the Commons yesterday, Conor McGinn MP referred to a report from the Intelligence and Security Committee

“that included recommendations on the use of and construction of such devices—namely, regulation around the ingredients or chemicals used to make them.”

He asked:

“Why have none of those recommendations been implemented after four years?”—[Official Report, Commons, 16/11/21; col. 459.]


There was no answer from the Government yesterday. Twenty-four hours later, can the Government now give an answer to that question?

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

I thank the noble Lord for his questions, and I join him in paying tribute to our emergency services, who acted so quickly to try to preserve life at the scene of the attack, and to the taxi driver, who really was a hero in what must have been an extremely frightening situation. We wish him and his family well. With regard to the first question about lone actors, clearly we get information from all sorts of sources. The noble Lord is absolutely right to point out that the nature of terrorism is changing, and we have seen a number of lone-actor attacks in the past few years. I cannot comment on this attack further because clearly it is a live and very new investigation. The facts of the case will come out as the investigation continues, but I know that the police made a statement today. I will get back to him on the report he referred to if I can. I am not sure what more I can say about it today.

Sarah Everard: Home Office Inquiry

Lord Rosser Excerpts

Tuesday 9th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My noble friend is absolutely right that there is inevitable overlap here. HMICFRS is already inspecting the Metropolitan Police Service in relation to vetting and countercorruption, at the Home Secretary’s request, and findings from this will feed into the broader inspection that she has asked HMICFRS to undertake across all forces. There is work ongoing in the Metropolitan Police Service and in the Home Office to respond to the Daniel Morgan Independent Panel recommendations, and the Home Secretary has already committed to provide an update in due course. Of course, any relevant evidence from this work can then be considered by part 2 of the independent inquiry, which will look more broadly at standards in policing.

[Lord Rosser (Lab)]

We have made it clear that there must be a full statutory inquiry. The Government say that a statutory inquiry is too slow, yet the Home Office review of the Daniel Morgan case, which has already been referred to, took years, precisely because its work was made more difficult by the fact that the panel was not established under the Inquiries Act 2005, with its powers of compulsion. The evidence also indicates that the public spotlight of a statutory inquiry, and what it reveals during the hearings, promotes action while the inquiry is in progress and makes it harder for the final recommendations to be ignored or watered down, which is at least as important as any issue over the length of time the inquiry takes. Why do the Government continue to resist a full statutory inquiry under the Inquiries Act 2005, in which the public can have full trust and confidence?

[Baroness Williams of Trafford (Con)]

My Lords, as I have said, given the need to provide assurance as swiftly as possible, this will be established as a non-statutory inquiry because we want to get to the stage where conclusions are reached and changes are recommended quickly. This cannot be an inquiry that takes years to get to that stage. A non-statutory inquiry allows for greater flexibility, can be tailored to the issues and is likely to be faster, but we are able to turn it into a statutory inquiry if need be.