Lord Sandhurst
Main Page: Lord Sandhurst (Conservative - Excepted Hereditary)Department Debates - View all Lord Sandhurst's debates with the Home Office
(1 month ago)
Lords ChamberMy Lords, there are necessary provisions in the Bill but there is also window dressing. While we all deplore assaults on shop workers, we do not need this new measure. There are good laws of theft, robbery and assault. What we lack are the resources to arrest and prosecute. Last night, the Metropolitan Police announced that London will be left with just two police stations with front counters operating 24 hours a day—10 more are set to close under cost-cutting measures. That is not good enough.
Today’s Times reports that family drug and alcohol courts face closure, yet each such court case saves local authorities £58,000 in care costs and £15,000 in legal costs. Instead of chasing headlines, the Government should be funding the police, the CPS, those on legal aid and the courts properly. The Ministry of Justice has been starved of money by the previous Government—I accept that—and it is not being helped by the current one.
Clause 39 is well intentioned. It will show shoplifters who regularly steal low-value goods that this may be treated as a serious offence, triable in the Crown Court. But it is really important that only the prosecutor and not the defendant can go on to elect a Crown Court trial. If not, our Crown Courts will be overwhelmed. Backlogs are already years long.
I welcome the measures in Part 8, which are directed at electronic devices to steal cars. These are necessary and overdue. The measures to address so-called SIM farms are also to be welcomed.
I agree entirely with what the noble Lord, Lord Faulks, said about the changes proposed under Clause 82 to the law of limitation. These are unnecessary and will be unhelpful.
Finally, I turn to Clause 191—the decriminalisation of abortion. I make it plain that I am not in principle opposed to abortion, but there was no prior scrutiny of, or public consultation on, this. The intention, which I accept is benign, of not criminalising a woman who aborts her own child risks new evils. Without the safeguards of the current law, women may be harassed into abortion, and a woman will be permitted, without medical advice, to abort a baby right up to due birth date. Just think about that; on any measure, it is a human being at that stage. What if the baby survives but is damaged? Will they sue the mother?
I agree with what my noble friend Lord Elliott of Mickle Fell has had to say about this provision. We must look at it very carefully. Such an important change to the law regarding human life should be based on proper inquiry and evidence, and then, if necessary and appropriate, made through measured change in measured circumstances to the Abortion Act 1967.
To wind up, 240 seconds to debate 400 pages is not very much. We must be allocated proper time in Committee. It is likely that more baubles will be added to the Christmas tree.
Lord Sandhurst
Main Page: Lord Sandhurst (Conservative - Excepted Hereditary)Department Debates - View all Lord Sandhurst's debates with the Home Office
(1 week, 1 day ago)
Lords ChamberMy Lords, I do not intend to rehearse the arguments already put so effectively by my noble friend Lord Clement-Jones. Suffice to say that we on these Benches fully support Amendment 23, as £500 is an extortionate amount of money for the type of behaviour that fines are designed to address and will simply result in private companies making even greater profits than they do at the moment while pushing those already struggling further into debt. For these reasons, we have serious reservations about the implications of the amendments in the name of the noble Lord, Lord Blencathra.
The orders create a postcode lottery for victims. Charities warn that, in some parts of the country, orders are handed out like confetti. This undermines public trust by making enforcement dependent on the victim’s location.
Overall, the use of these powers needs to be subject to much stricter safeguards. The Government must ensure that there is proper oversight of their use and that the law is applied equally, openly and proportionately.
My Lords, I am grateful to all noble Lords who have contributed to this thoughtful debate on Clause 4 and associated amendments. The discussion has reflected the balance that must be struck between proportionate enforcement and ensuring that penalties remain effective and fair. As anti-social behaviour seems to be increasingly present on our streets, it is right that the clause is given careful consideration.
The noble Lord, Lord Clement-Jones, raised concerns in Amendment 23 about the overuse or inappropriate issuance of fixed penalty notices. Those are indeed legitimate points for consideration, and I am sure that all noble Lords agree that such powers should be exercised carefully and with a proper sense of proportion. Fixed penalty notices are designed and intended to deal swiftly with low-level offending without recourse to the courts, but they must always be used responsibly and in accordance with proper guidance. However, it seems that Clause 4(3) and (4) will help to act as a proper deterrent to anti-social behaviour, as they will play an important part in ensuring that the penalty levels remain meaningful. I look forward to hearing the Government’s thoughts on this matter.
I turn to the amendments in the name of my noble friend Lord Blencathra. We are grateful to my noble friend for his focus on practical enforcement. His Amendments 24 and 25 seek to strengthen the collection of fines by introducing automatic confiscation provisions and modest administrative charges for non-payment. It is right that those who incur penalties should expect to pay them, and that local authorities are not left to have to chase persistent defaulters at the public’s expense. We therefore view my noble friend’s proposals as a constructive contribution to the debate in order to ensure that enforcement is both efficient and fair.
The noble Baroness, Lady Fox of Buckley, has given notice of her intention to oppose the Question that Clause 4 stand part of the Bill. We respect this view, but we cannot agree to the removal of the clause. Clause 4 contains a number of sensible and proportionate measures that are designed to improve compliance and to strengthen the effectiveness of penalties. Many of these reforms build on the Criminal Justice Bill brought forward by the previous Conservative Government.
This debate has underlined the importance of maintaining confidence in the fixed penalty system, ensuring that it is used appropriately and enforced consistently. The system exists to fulfil the wider aim of upholding law and order in our communities. In these endeavours, we on our Benches will always be supportive.
I am grateful to the noble Lord, with the support of the noble Baroness, Lady Fox, for discussing and tabling Amendment 23, and to the noble Lord, Lord Blencathra, for his Amendments 24 and 25. I am grateful to the noble Lord, Lord Sandhurst, for his broad support for the Government’s approach to the main thrust of the issues, although he, like us, slightly diverges from the noble Lord, Lord Blencathra, which I will come back to in a moment.
I cannot agree with the noble Baroness, Lady Fox—I am afraid that is the nature of political life. These offences are used for things such as dog fouling, littering, vandalism and drunken, aggressive behaviour. They are not trivial or low level; they are things that impact on people’s lives, and the abandonment of the clause would mean the abandonment of the people who are victims of those particular instances. The debate for me is around whether £100 or the £500 that we have put in the Bill is a reasonable figure. I argue to the noble Lord, Lord Clement-Jones, that it is practitioners who have said to us that the current £100 limit does not always carry enough weight to stop offenders committing further anti-social behaviour.
I also say to him that, under existing legislation, relevant agencies may already issue fixed penalty notices of up to £500 for environmental offences such as littering, graffiti or fly-posting. We expect that the prospect of a higher fine will act as a stronger deterrent, as the noble Lord, Lord Sandhurst, has said. These measures were consulted on by the Home Office in 2023, before this Government came to office, and received majority support as an effective deterrent to anti-social behaviour. I do not know offhand whether the Manifesto Club contributed to that consultation, but the point is that a majority in the consultation accepted that the increase was necessary. Increasing the upper limit does not mean that every person breaching an order will receive a fine of £500. The figure could be lower, proportionate to the individual circumstances and the severity of the case.