Child Refugees

Debate between Lord Wigley and Baroness Williams of Trafford

Thursday 27th April 2017 Lords Chamber

[Lord Wigley (PC)]

My Lords, the Minister will be aware of reports last week in the context of child refugees that an assumption was being made that, if such a child was disabled, they would be debarred because they would be regarded as too burdensome. Will she take the opportunity to deny with all possible strength that that could be the Government’s policy?

[Baroness Williams of Trafford]

My Lords, it would never be the Government’s policy—I do not think any Government’s policy—to disfranchise a disabled child because they were too burdensome. A child would be assessed under the criteria of either Dubs, Dublin or the vulnerable children’s resettlement scheme. No child would ever be disenfranchised because they were disabled. I can very strongly confirm that.

Brexit: EU Nationals’ Right to Remain

Debate between Lord Wigley and Baroness Williams of Trafford

Wednesday 11th January 2017 Lords Chamber

[Baroness Williams of Trafford]

My noble friend is absolutely right about the importance of the financial sector to the UK economy. We have the largest financial sector in the world. The Prime Minister will lay out those plans in due course as we exit the European Union.

[Lord Wigley (PC)]

My Lords, is the Minister aware that there are key workers in the health sector already looking for jobs because of the uncertainty, fearful that 12 or 18 months down the road there will be tremendous competition with people looking back to their home countries for jobs? Will she do everything she can to end that uncertainty?

[Baroness Williams of Trafford]

My Lords, I am sure that the Prime Minister will lay out the position in a clear manner as we move towards the triggering of Article 50 by the end of March, which is not very long to go.

Policing and Crime Bill

Debate between Lord Wigley and Baroness Williams of Trafford

Committee: 5th sitting (Hansard): House of Lords
Wednesday 16th November 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, the Government recognise and agree with the noble Lord’s desire to see the unduly lenient sentence scheme extended to enable reviews of sentences for a wider range of offences. The scheme is a valuable way of ensuring that sentences for serious crimes can be challenged when they are considered to be unduly lenient. The Government have a manifesto commitment to extend the scope of the scheme and on 4 October my right honourable friend the Home Secretary announced an extension to cover many terrorism offences—including those under Section 12 of the Terrorism Act 2000—that are covered by the noble Lord’s amendment. The extension can be done very straightforwardly by order.

The noble Lord’s amendment seeks to use primary legislation to require the Lord Chancellor to exercise the order-making power she has under Section 35 of the Criminal Justice Act 1988 to add offences to the scheme. This would add additional complexity to the legislative framework around the scheme and would curtail the Lord Chancellor’s discretion to amend the scheme as provided by the 1988 Act. Under the current provisions, the Lord Chancellor can amend the scope of the scheme by order and the Government can consider more broadly what offences or types of offences are most appropriate for inclusion at any time, as we have announced we will do with terrorism offences. With the reassurance that the Government intend to honour their manifesto commitment, I hope that the noble Lord will feel happy to withdraw his amendment.

[Lord Wigley]

My Lords, I am grateful to the Minister for that response and the recognition that there is a need to act on this. I ask for her confirmation that the statutory instrument system available to the Minister to take the action I referred to is applicable in all the cases listed in the amendment. If she wants to intervene, she can by all means do so.

[Baroness Williams of Trafford]

I was just going to ask whether I could confirm that in writing, because I would not want to give misinformation at the Dispatch Box.

[Lord Wigley]

That is fair enough. I accept that. I do not expect any Minister necessarily to carry all the details on their fingertips, but it would be helpful if we had a response on that before Report so that, if it is necessary to take this matter further on Report, there is an opportunity to do so.

The Minister heard the comments made by the noble Baronesses, Lady Howe of Idlicote and Lady Brinton, and by the noble Lord, Lord Ponsonby, on this matter. The feeling is generally shared that there needs to be action, and it is shared by the Government. The question is how it can be done and, perhaps more importantly, when it will be done. If these order-making facilities are available to the Minister, why have they not been used? If they are to be used, when will they be used? If there was a definitive statement in those terms we would be a little happier in withdrawing the amendment. There is an opportunity to come back on Report. I hope that between now and then these angles will be covered, either in correspondence or by other means, so we can be assured that action is not only promised but will be taken in a short timescale to put this right. On that basis, I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Williams of Trafford]

My Lords, I am grateful to the noble Lord, Lord Wigley, for his explanation of these amendments, which call for a review of the criminal law in relation to digital crime. The Government of course share the noble Lord’s concern about online crime, especially where new technologies, which the noble Lord, Lord Ponsonby referred to, are used to abuse, harass or intimidate people.

Amendment 230 seeks to codify the existing criminal law in relation to digital and cybercrime into a single statute. I share the noble Lord’s concerns about online crime, but I do not believe a single statute for digital and cybercrime would be helpful or a good use of resources. Indeed, I am not persuaded that the existing criminal law in this area is defective. As the Committee will be aware, any action that is illegal when committed offline is also illegal if committed online. Current legislation, some of which was passed before the digital age, has shown itself to be flexible and capable of catching and punishing offenders whether their crimes are committed by digital means or otherwise. The majority of the statutes and offences listed in Amendment 230 relate to offences that can be carried out by non-digital and digital means.

Producing a single statute, containing,

“powers to prosecute individuals who may have been involved in the commission of digital crime”,

as Amendment 230 suggests, would add further complications to the criminal law by creating new overlapping offences, reproducing and duplicating many existing laws. Furthermore, many existing offences would need to be retained for non-digital offending, so we would end up with parallel offences for crimes committed online and offline.

However, while I am not convinced of the need for a review as suggested here, I assure the noble Lord that where specific gaps in legislation are identified, or where new behaviours that should be criminalised are brought to light, we will continue to take action. The Government’s record has shown that we will and do legislate when we need to, such as passing the Serious Crime Act 2016, which further strengthened the Computer Misuse Act 1990.

Amendment 231 would require the Home Office to ensure funding is made available to every police force to train their officers in how to investigate digital crime and abuse. Mainstream cybercrime training is already available to police officers and while I have sympathy with the underlying objective of the noble Lord’s amendment, I do not believe that legislation is necessary to require police forces to provide such training. Furthermore, subsection (2) of the proposed new clause, requiring all police forces to record complaints of digital crime and abuse and their outcomes, is unnecessary as I can assure the noble Lord that work in this area is already under way.

From 2015, police-recorded crime data collection also includes a mandatory online flag that allows police forces to record online instances of crimes, including stalking and harassment, whether the crime took place wholly online or just had an online element to it. The Office for National Statistics published these data, for the first time, as experimental statistics in July. We welcome the continuing improvement in the statistics on reported fraud and cybercrime that better reflect the extent of the problem. Having an accurate picture is vital to informing the most appropriate response to these crimes. It is important that police forces be able to respond to changing technologies, and we recognise the need to support forces to invest in the capabilities they need. However, the training of police officers is an operational matter and critically, it is the police themselves who can best determine what their training needs are.

Amendment 231A seeks to create an array of new offences relating to digital surveillance and monitoring, presumably to address issues such as online harassment and stalking. The Government are absolutely clear that abusive and threatening behaviour is totally unacceptable in any form, online or offline. Existing legislation in the form of the Protection from Harassment Act 1997 includes the offences of stalking, harassment and putting people in fear of violence, and applies to offences committed online.

In 2015-16, almost 13,000 prosecutions were commenced for harassment and stalking offences—a rise of 864 offences from 2014-15 and the highest volume ever recorded. The Government have strengthened the law on stalking: an insidious crime that can involve a wide range of behaviours, which may include the misuse of digital equipment, spyware and social media. There is no exhaustive list of behaviours relating to stalking, but recognising the ongoing pattern of fixated, obsessive behaviour is really important in tackling stalking.

New stalking offences were introduced in 2012. They are stopping people living in fear and preventing escalation to more serious violence. In 2015-16, more than 1,100 prosecutions were commenced under the new stalking legislation. Our recent consultation on the introduction of a new civil stalking protection order demonstrates our determination to support victims of stalking at an earlier stage and address the behaviour of perpetrators before it becomes entrenched. This draws on our successful roll-out of other civil orders, such as FGM protection orders, domestic violence protection orders and sexual risk orders.

I am sorry to have gone on somewhat, but I hope the noble Lord recognises that the Government keep the criminal law in this area under review and that police forces are alive to the need to have the capabilities to tackle such crime. I hope the noble Lord will feel happy to withdraw his amendment.

[Lord Wigley]

My Lords, I am grateful to the noble Lord, Lord Ponsonby, for his support. I know the interest that the noble Baroness, Lady Howe, has taken in these matters. She had to leave before this debate but she has been one of the leading people in questions of cybercrime and associated matters.

At this time of night, I hate to be fractious with the Minister but I am afraid that what came over was complacency. There is an avalanche of cybercrime and associated dangers flooding the country. The police and other authorities do not have adequate resources, training or back-up to handle it. Unless action is taken to a much greater extent than it is now, this will overwhelm us. I urge the Minister, although she cannot agree with my amendment, to take back to the department the very serious worry that is represented by these amendments, to see what can be done to speed up action and provide more resources to enable those who have the responsibility of bringing perpetrators to justice to do that and not feel that they are fighting a losing battle. However, I beg leave to withdraw the amendment.

Criminal Justice: Anonymity

Debate between Lord Wigley and Baroness Williams of Trafford

Tuesday 25th October 2016 Lords Chamber

[Baroness Williams of Trafford]

As I said to the noble Lord, Lord Thomas—sorry, to the noble and learned Lord, Lord Morris; I will be in trouble twice now with the noble and learned Lord—there is a need to look at the guidance through the consultation, and we will take great interest in what that consultation says. However, the balance of public interest comes when the police need to publicise a person’s identity to allow other witnesses to come forward or further evidence to be brought forward.

[Lord Wigley (PC)]

My Lords, does the Minister accept that there is at least equal importance in the anonymity of victims? Is she aware of the amendment standing in my name to be moved at the later stages of the police Bill to address the difference of interpretation of the law from police station to police station in releasing names? Will the Government give a fair wind to the amendments that are before the House?

[Baroness Williams of Trafford]

My Lords, not only will the Government give enough time to the amendments, but I am sure that, given the prominence of the issue both in Parliament and the media, the debate will be substantial and will benefit from all the expertise in your Lordships’ House.

Flooding: Relief Effort

Debate between Lord Wigley and Baroness Williams of Trafford

Monday 25th January 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, ring-fencing is being considered in the light of recent events, but we are going out to consultation on it. On speed of repair, we are doing things as quickly as possible.

[Lord Wigley (PC)]

My Lords, will the noble Baroness confirm that the allocation of any central funds by the Government will be on the basis of need, not on any arithmetic formula? That being so, can she further confirm that the resources made available to the devolved legislatures will also be on the basis of need and not on something such as the Barnett formula?

[Baroness Williams of Trafford]

My Lords, they will be on the basis of need, but areas that have experienced higher than usual disruption because of flooding will also need to be considered.