Protection of Freedoms Bill

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Monday 6th February 2012

(12 years, 3 months ago)

Lords Chamber
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Baroness Butler-Sloss Portrait Baroness Butler-Sloss
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My Lords, following on from what the noble Baroness, Lady Browning, said about this being organised crime, it is urgent that the legislation is in place for the police to be able to go out there and act effectively. As I understand it, they do not have effective means at this stage. Whatever may be done holistically at some future date, now is when we need to have something for the police to deal with this business.

Lord Henley Portrait The Minister of State Home Office (Lord Henley)
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My Lords, I am most grateful to all noble Lords who have spoken. I will start by referring to the remarks from my noble friend Lady Browning. It is no secret that, only two days before she left the Home Office, I went to visit her, along with other Ministers, to discuss the whole question of metal theft, because she had identified this as a problem and wanted to get action throughout the whole of government. I suggested then, as a Minister in Defra, that I might be able to help by offering some assistance through the work of the Environment Agency. Two days later I found myself in the Home Office and was very nearly in the position of writing a letter from myself to myself. In the end, the letter came from my successor the noble Lord, Lord Taylor.

I am very grateful to the noble Lord, Lord Rosser, for setting out what exactly is the problem. I think that we all understand what it is. I am grateful to him for starting off by emphasising that this is driven by second-hand metal prices. If he cares to look at the way that metal prices have gone over the last few years—sometimes up, sometimes down—he will find that the crime rate for metal theft has more or less exactly followed that line, and that it is on a distinctly upward curve. For that reason I was interested in his new figure for the possible cost of this whole problem to the country, which he put at about £1 billion. I have seen other figures which count the cost to the country and to business, one of about £220 million, another of around £700 million, and I would be interested to know where his figures have come from.

The important point to remember is that very often the actual value of what is stolen is relatively small; the issue is the knock-on effect of that particular crime. For example, when the lead is taken off a church roof, the lead has a value, and a value that is going up, but the real damage then comes from water leaking in and damaging the church. If you remove the wiring that deals with signalling from the railway line, you will have hundreds of hours of delays and major disruption caused to a large number of people—and as someone who spends an awful lot of time on the west coast main line I understand that as well.

We have examples of hospitals which have had to cancel operations as a result of power cuts caused by metal theft. I could give examples relating to the police and others, who have had their communications disrupted as a result of metal theft. Then on top of that we have the further elements of heritage crime. Not only war memorials are being taken; the example that the noble Lord, Lord Faulkner, gave of the Barbara Hepworth statue being stolen and melted down is an example of something that went in the opposite direction. Here was something that was of very great value, should one have been able to put it on the market at Christie’s or Sotheby’s, but which when it went into the scrap metal yard suddenly became worth relatively very little indeed, and in fact would very quickly be ground up into bronze granules to be smelted.

The important point to remember about that particular theft is that it indicates just where the problem is. It is obvious that the first person to handle the statue—the first scrap yard owner who took it in—must have known that it was, as they say, hot. You do not often get Barbara Hepworth or Barbara Hepworth-like statues legitimately coming into scrap metal yards. Someone knew that it was stolen property and that they would be able to convert it into cash, while removing most of its value. On a number of occasions I have made the point that we believe that the Scrap Metal Dealers Act 1964 is—how should I put it?—beyond its sell-by date. We wish to see a reform to that Act as soon as is possible, and we will make sure that we do it.

I am grateful to the noble Lord for tabling this amendment and allowing us to have a debate on the damage that this practice is doing to our infrastructure. I am also grateful to him for highlighting the fact that there have been a number of deaths as a result of this. Although the noble Lord says that it was the perpetrator being killed, we should have some sympathy. For example, a 16 year-old was recently killed taking copper cabling from a power substation. He only did so because it was easy for him to take that copper wire and convert it into cash; and, in the process, someone who did not understand these things killed himself. Moreover, not only are some of the perpetrators being killed; it is likely that, fairly soon, innocent individuals could be killed as they try to sort out the mess caused by these problems.

The House will be aware—the noble Lord, Lord Rosser, referred to it—of my right honourable friend the Home Secretary’s Statement on 26 January, when she announced that we will be bringing forward amendments to the LASPO Bill to strengthen the law in this area. I can assure the noble Lord, Lord Faulkner, that we hope to do this on Report rather than tomorrow or on Thursday, which are the other days when we will debate these matters. This is specifically to deal with the problem of cash. As I say, the real problem is the ease with which people can convert stolen metal into cash, with no questions being asked and no traceability whatever.

In that Statement my right honourable friend indicated that the amendments would create a new criminal offence to prohibit cash payments to purchase scrap metal and to significantly increase the fines for all offences under the Scrap Metal Dealers Act 1964, which regulates the scrap recycling industry. In effect, once the amendments to the LASPO Bill have been agreed and the Bill has been passed, rather than having a maximum fine of £1,000 for offences under the Scrap Metal Dealers Act, the fine will be unlimited. We will go from an average fine of the order of £350 to a more realistic figure which might encourage some scrap metal dealers to act in a responsible manner.

Lord Campbell-Savours Portrait Lord Campbell-Savours
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I understand that there has been some consultation on the proposal for a cashless arrangement. What has been the extent of that consultation? Have the many thousands of small scrap yard operations been consulted? I am not opposing what the Government are doing. I just want to know what the basis is and to what extent it can be justified as a result of any consultation—in other words, that this is not another panic response.

Lord Henley Portrait Lord Henley
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My Lords, this is not a panic response. It has been discussed in this House and in another place on a number of occasions and we are all keen to move forward.

I have had discussions with the British Metals Recycling Association, a body which represents scrap metal dealers of all sizes, great and small. It—dare I say it?—not surprisingly, is not keen on the idea of going cashless. That might indicate something about the effect of this measure. We shall obviously have to have further consultations with the BMRA and others in the industry before we bring these measures into effect after they have been introduced into the LASPO Bill.

I was formerly a recycling Minister in Defra. We have a very successful industry and I want to see high levels of recycling of metal continue. However, I want to make sure that the metal that is being recycled is legitimate and has not been stolen in one way or another. We do not want to kill off a successful industry but to properly regulate the criminal elements within it. We will certainly have further consultations with the BMRA and others before we bring the measures into effect after the Bill has received Royal Assent.

Lord Campbell-Savours Portrait Lord Campbell-Savours
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Are we absolutely sure that we are not driving this business into the hands of the cowboys?

Lord Henley Portrait Lord Henley
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My Lords, I could refer the noble Lord to discussions that I have had with other people in the industry, who have pointed out that the high levels of cash in the industry are driving criminality. If we can remove a lot of that cash then we can possibly remove a great deal of the criminality. I am not saying that it will be a magic wand that will solve all the problems—just as revising the Scrap Metal Dealers Act 1964 will not solve all problems, as his noble friend Lord Faulkner knows well. However, they are steps on the road to better regulating this industry, which is needed.

We are looking for a coherent package of measures to tackle metal theft. Obviously there will have to be further measures and regulation in due course, possibly along the lines of the amendment of the noble Lord, Lord Rosser. I do not want to rush into that at this stage. There is an opportunity to go cashless and to increase what are, at the moment, the derisory fines available under the 1964 Act, and we obviously need to do more to that Act in the future.

I congratulate the noble Lord, Lord Rosser, on his ingenuity in finding a way of bringing forward amendments to this Bill on this subject. His noble friend Lord Faulkner tried to do so but failed. We also gave it some thought, but the drafting of the Bill is such that it is rather difficult.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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The noble Lord is half right: I attempted to get cashless into this Bill and was told that I could not. I will help to get cashless into LASPO instead.

Lord Henley Portrait Lord Henley
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My Lords, we have cashless in the LASPO Bill and I hope that it will deal with this problem.

We have to consider the other important points that need to be dealt with. One of those—and, again, this is why I am interested in how the Opposition voted on the previous amendment—is whether the powers of entry are adequate and what powers of entry need to be given to the police. We can look at these matters, first, in the LASPO Bill and consider further regulation in due course.

I welcome the support of the Front Bench opposite for further action in this area. Obviously, there is more that we can do. I do not think that this is the right way of going forward at this stage because, as I said, we want to bring forward amendments in the LASPO Bill on Report. I can give an assurance that as soon as possible thereafter, by whatever legislative means is appropriate, we will bring forward the further amendments that need to be made, particularly to the Scrap Metal Dealers Act 1964. With those assurances, I hope the noble Lord will feel able to withdraw his amendment.

Lord Rosser Portrait Lord Rosser
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The Minister asked me where my figure on the cost of metal theft, at £1 billion a year, came from. I would not say that the figure necessarily came from the most authoritative of sources, but it appeared in a fairly prominent newspaper article last December.

Lord Henley Portrait Lord Henley
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Is the noble Lord prepared to mention which newspaper he relies on?

Lord Rosser Portrait Lord Rosser
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I am trying to remember which one it was. As the Minister has asked me which one it was, I intend to tell him. I may be wrong, but my recollection is that it was the London Evening Standard.

It is clear that the current level of metal thefts has caused a considerable increase in the cost of security arrangements. It is already costing businesses, organisations and local authorities money and we need action. This amendment, along with the amendment from my noble friend Lord Faulkner of Worcester which is to be considered on Thursday, provides for action now—action which we badly need against this serious, organised and growing crime. As my amendment goes further than the Government appear to be contemplating in respect of police powers of entry and closure of dealerships—powers that are needed now—I wish to test the opinion of the House.

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17:59

Division 2

Ayes: 195


Labour: 148
Crossbench: 34
Independent: 3
Bishops: 2
Democratic Unionist Party: 1
Liberal Democrat: 1

Noes: 201


Conservative: 122
Liberal Democrat: 64
Crossbench: 12
Ulster Unionist Party: 1

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Moved by
38: Clause 44, page 35, line 24, after “41” insert “which neither amends nor repeals any provision of primary legislation”
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Moved by
40: Clause 49, page 38, line 31, after second “the” insert “alteration or”
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Moved by
41: Schedule 3, page 127, line 22, after second “the” insert “alteration or”
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Earl Attlee Portrait Earl Attlee
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My Lords, we have already debated these issues at some length in Committee and I am grateful to noble Lords for taking time to meet with me and my officials since then to discuss these matters further. As the noble Baroness, Lady Hayter, has so expertly and temptingly set out, Amendment 42 seeks to allow the use of fixed barriers in certain circumstances and to specify certain conditions that must be met.

We consider the amendment to be unnecessary as Clause 54(3) already requires that there is express or implied consent by the driver of the vehicle to restricting its movement by parking where there is a fixed barrier. In practice this means that the existence of the barrier must have been apparent to the driver, either visibly or through clear signage, when they parked. Secondly, in order to establish a contract as a basis for payment, the terms for parking would have to be clearly displayed. Therefore, if the landholder demanded a fee for release of the vehicle without such a basis, he would be committing an offence under Clause 54(1). In answer to my noble friend Lord Lucas, I am convinced that we have drafted these provisions correctly.

Amendment 43 seeks to create a new power for the Secretary of State to grant lawful authority to clamp and tow vehicles to those who request it, with the expectation that applications would not be refused if made by local authorities, residents’ associations and community groups. Again, we consider the amendment to be unnecessary because there are existing powers for local authorities to take a controlling interest in the management of parking on private land with the agreement with the landholder.

Section 33(4)(b) of the Road Traffic Regulation Act 1984 states:

“A local authority may, on such terms as they think fit … arrange with any person for him to provide such a parking place on any land of which he is the owner or in which he has an interest”.

The phrase,

“provide such a parking place”

refers to a Section 32 parking place, which is the general power for local authorities to provide off-street parking places. As a result, the local authority could make provisions as to the conditions for the use of the parking places and manage and enforce those conditions under the Traffic Management Act 2004. This would enable local authorities to use their lawful authority to clamp or tow those vehicles that have contravened the terms and conditions for parking on that land.

The amendment would also introduce regulation of wheel clampers overseen by the Secretary of State who will also presumably be responsible for enforcement, rather than the Security Industry Authority or another body. The requirements set out in Amendment 43 could lead to a patchwork system of regulation in that each application made would have to set out how they meet the requirements, including in respect of an appeals process. However, the amendment does not provide for national standards which any local scheme must adhere to, so the amendment could lead to a system where wheel clamping schemes are different throughout the country. I am sure that is not the noble Baroness’s intention.

We have seen that following seven years of licensing by the Security Industry Authority, rogue wheel clampers continue to carry out their unscrupulous practices and we do not consider that further regulation of the industry will deter them, no matter how much the noble Baroness, Lady Hayter, deplores their activity. An outright ban on wheel clamping without lawful authority is the only way to deal with rogue wheel clampers. Wheel clamping and the towing away of vehicles by private individuals or businesses without lawful authority in order to force payment of a charge are unacceptable and should be prohibited. As well as causing motorists significant distress and anxiety, the clampers in effect hold the vehicle to ransom—or at least threaten to do so as a deterrent. No one can justify or defend the exorbitant release fees and intimidatory tactics employed.

Throughout our debates, many noble Lords have strongly made the point that clamping is a particularly effective deterrent to inconsiderate and unauthorised parking on private land. It may be, but is it also disproportionate. Supposing I was attempting to deter motorists from speeding: if I proposed that the police have the power to clamp an errant motorist’s car for a couple of hours without recourse to an independent tribunal, I expect your Lordships would have something to say.

There can be situations where, in the circumstances, the motorist who is clamped has acted reasonably. What about a midwife who is seeing a patient in a large block of flats and reasonably believes that permission to park has been granted? How can it be right to clamp his or her vehicle in such circumstances? One only has to ask what the knock-on effect could be. What about police operations? I spoke to a pal of mine who undertakes covert police duties, dealing with very serious matters. He said in an e-mail:

“I can speak from first-hand experience on this. On several occasions this happened to me whilst on duty on covert operations. On every occasion I had to park my police vehicle quickly and deploy on foot from the vehicle. The vehicle was always left in open parking spaces on private land and subsequently clamped. Whilst I cannot quote the figures, I know this happens on many occasions in similar circumstances”.

The fact is that a clamping company operative, no matter how well meaning, cannot possibly know whether what he is doing is reasonable. Therefore private clamping on private land is fundamentally flawed.

Turning to Amendments 44, 45—-

Lord Lucas Portrait Lord Lucas
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My Lords, why would it be any different for the policeman if a barrier had been placed across his car? He still would not have been able to use it. Why is that acceptable and a clamp not?

Earl Attlee Portrait Earl Attlee
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The noble Lord makes a very good point. The policeman would have to take that risk. However, he would be aware that he was taking the operational risk that his vehicle might be clamped.

I turn to the other amendments. As the noble Baroness, Lady Hayter, has explained, these amendments seek to provide an alternative dispute resolution mechanism. The Government would be required to prescribe and enforce the system, which would need to be funded by the industry. It is a bit odd that in this group of amendments the noble Baroness proposes retaining clamping without any effective means of appeal while in other amendments she is insisting on a system of appeal.

As indicated in previous debates, the Government are committed to providing an independent appeals service, which will cover all tickets issued on private land by members of an accredited trade association. In practice, this body will cover all ticketing by members of the British Parking Association’s approved operator scheme, who are the major private parking providers in the sector with accredited access to the DVLA keeper data, and will therefore be able to pursue vehicle keepers for unpaid parking charges after the measures in Schedule 4 come into force. However, we have made absolutely clear that we will not commence the keeper liability provisions in Schedule 4 until this independent appeals body is in place.

The amendments tabled in the name of the noble Baroness, Lady Hayter, propose much broader regulation covering all parking on private land which, we believe, would impose a not inconsiderable burden on smaller landowners, including those who wish to manage perhaps only a handful of parking spaces, or even one.

I fear that I am not in full agreement with the noble Baroness, Lady Hayter, regarding Scotland, where wheel-clamping has been banned since 1992. We have seen no convincing evidence that levels of rogue ticketing are a particular problem. However, we are not being complacent; we have given these amendments very careful consideration and, in this respect, I am particularly grateful to noble Lords who have taken the time to meet me to discuss the Government’s proposals. I have also had very helpful and informative meetings with the British Parking Association, Citizens Advice and Consumer Focus.

Some noble Lords raised the issue of Citizens Advice Scotland dealing with more than 1,500 parking inquiries, which represents a big increase on previous years. The figures need to be reviewed in the context of the number of parking tickets issued each year; I do not have the figures for Scotland to hand but, in England and Wales, local authorities issued over 4.2 million penalty charge notices for on-road contraventions alone in 2009-10.

Following discussions, we have agreed that part of our commitment to monitoring the impact of the provisions will be to continue to liaise closely with consumer protection groups to ensure that if rogue ticketing activity does occur such groups can feed back to us. If it becomes a significant problem, we will consider further measures, including wider regulation, if it proves necessary in the light of experience. I hope that that meets the needs of the noble Lord, Lord Wills.

As I have said, we have already established a new system for parking management companies—

Lord Wills Portrait Lord Wills
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I am very grateful to the Minister, who is genuinely trying to offer reassurance on these issues. I think that the whole House is grateful to him for that. But is he saying that he will continue to monitor the effects, so that if the Government see an increase in the sort of selfish behaviour by motorists on private land that my noble friend has outlined, they will be prepared to introduce new regulations to tackle it?

Earl Attlee Portrait Earl Attlee
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No, my Lords. Where I am making the absolute commitment is to monitor the effect of rogue ticketing very carefully and, if necessary, introduce further regulation. I will not fall into the temptation offered by the noble Lord.

As I said, we are already establishing a new system for parking management companies that have accredited access to DVLA data. We intend that the independent appeals service will be able to report back to the industry on appeals, so that precedents can be established and drivers do not have to continually appeal on the same grounds. In this way, the appeals body will help to drive up standards in the industry and provide greater clarity to both the motorist and parking operators. The accredited companies operating under this new regime will be able to offer their services to smaller-scale landowners and parking providers, and we believe that in many circumstances that will be an attractive option for landowners with perhaps only a handful of parking places, knowing that parking on their land will be managed by a professional and responsible company with all due safeguards in place. I think that there would be serious reputational issues if an individual or an organisation took the option of not using an ATA operator, but we have left that option open to them.

The noble Baroness, Lady Randerson, asked about the European legislation in gestation at the moment. The Government believe that their proposals offer the right balance between the rights of motorists and those of landowners, for the reasons I have explained. We have agreed to return to the issue if rogue ticketing proves to be a problem, but the question of possible future European legislation is a little academic at this stage, although we will obviously need to pay due regard to any commitment to which the UK Government sign up.

My noble friend Lady Randerson also raised the problem of small and dispersed parking facilities. It is entirely possible for the landowner or user to take a photo of the offending vehicle and the warning signs and pass them on to an ATA parking operator, assuming that they have the necessary enabling contact. That ATA company would be able to do the administration.

I hope that in the light of these clear assurances the noble Baroness will feel free to withdraw her amendment.

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Moved by
46: Schedule 4, page 138, line 45, at end insert—
“( ) In sub-paragraph (5)(d) the reference to arrangements for the resolution of disputes or complaints includes—
(a) any procedures offered by the creditor for dealing informally with representations by the hirer about the notice or any matter contained in it; and(b) any arrangements under which disputes or complaints (however described) may be referred by the hirer to independent adjudication or arbitration.”
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Lord Henley Portrait Lord Henley
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My Lords, as regards the three questions put by my noble friend Lady Hamwee I hope that I can deal with her first one, about the danger to a fair trial, later on. The other two, on the drafting of his amendment, obviously must be a matter for the noble Lord, Lord Armstrong when he comes to respond.

I echo the words of the noble Baroness, Lady Royall, in commending the work of the Joint Committee. We are very grateful for that and for all it does. I also echo the words of both the noble Lord, Lord Armstrong, and the noble Baroness, Lady Liddell, when they said, “Let us hope there will never be a need to extend from 14 to 28 days”—I think I have those words correctly from the noble Lord. We would all echo that; we very much hope that it will never be necessary. That is one reason why we want to make it as difficult as possible to do this, but I am grateful to the noble Lord for giving us another chance to consider this matter. Similarly, I am grateful to him for coming to see me only last week to discuss his concerns about the limited nature of our order-making power in Clause 58. Given the noble Lord’s expertise and experience, I understand that this is a matter to which we need to devote a degree of attention and we certainly listened to what he had to say.

The Government made it clear following last year’s Review of Counter-Terrorism and Security Powers that we felt it was right that the maximum period for pre-charge detention should be reduced from 28 days to 14 days. I think that the vast majority of this House agreed that that is a welcome change; I cannot speak for the party opposite. However, we all accept that there will be or could be circumstances—I would prefer to say could rather than will—in which a longer period of detention may be required and, as the noble Lord, Lord Armstrong, rightly asserts, we must be prepared. It is simply the way in which we find ourselves preparing for those circumstances that finds me disagreeing with him.

We have made it clear that emergency fast-track legislation is the most appropriate and proportionate way to respond to the very exceptional circumstances in which longer than 14 days may be required. Detention for 28 days is such a significant diversion from the normal standards of our criminal justice system that the Government are adamant that such a framework should be in place only temporarily, and with prior parliamentary approval. The noble Lord’s amendment seeks to allow an urgent order to be made by the Secretary of State at any point if she felt that the use of primary legislation would be inexpedient for reasons of time, risk of prejudicing future trials or risk to public safety or security.

In respect of the question of time, Parliament can, and has, acted quickly to address matters of great seriousness in the past. Many of us have been in one or another House for many years and can remember occasions when we have been called back at short notice. Noble Lords will remember that, following the attacks on New York and Washington in 2001, Parliament was twice recalled within three days. We saw Members of another place recalled to discuss last summer’s riots within a matter of days. Only last summer, Parliament was able to pass the Police (Detention and Bail) Bill within days of its introduction. We have worked with the Crown Prosecution Service and the police to ensure that decisions can be made early and quickly on whether there is a potential exceptional need to increase the maximum limit to 28 days.

The second issue is that the debates surrounding fast-track legislation might prejudice future trials. This danger would arise primarily if fast-track legislation needed to be passed when a number of suspects had already been arrested. In such circumstances Parliament could continue to debate the principle of an extension to 28 days and the general nature of the threat. It is right to say that Parliament could not debate allegations against specific individuals. However, it would not need to and it would not be appropriate for it to do so. The question of whether extension of detention warrants should be granted in respect of individual terrorist suspects would remain a matter for the courts and not Parliament.

The noble Lord’s final concern is that fast-track legislation could not be considered because of a risk to public safety or security. Although the Government accept that the passage of fast-track legislation might be difficult, we do not believe that the difficulties are insurmountable. The Government do not therefore accept that there would be a risk to public safety and security involved in adopting such an approach.

I appreciate the noble Lord’s assertion that his amendment is permissive rather than mandatory and that fast-track legislation could still be used rather than the order-making power. However, the existence of such a power is not compatible with the Government’s general view that 28-day detention must be exceptional and that the decision to increase the maximum period of detention is one which Parliament should in the main be asked to make. I remain of the view that, should such an order-making power exist, there would always be arguments in favour of using it rather than putting the question to Parliament, where it should rightly be addressed, and the perception of 28-day detention as an extraordinary measure would again be lost. For those reasons, I hope that the noble Lord will feel able to withdraw the amendment.

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Lord Lucas Portrait Lord Lucas
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My Lords, I very much look forward to reading the report tomorrow. I support the direction that the noble Baronesses have taken but I feel that Amendment 49A raises too many questions, particularly around the boundary of what is and is not acceptable conduct. For example, there is no requirement on A to behave reasonably, only on B. In subsection (5) of the proposed new clause we are getting close to the continental form of law where something is permitted only if it is allowed in legislation, whereas in the English form of law something is permitted if it is not forbidden in legislation. That requires careful consideration. I hope that the report of the noble Baroness will be the start of that process, and that my noble friend will be very supportive in his reply.

Lord Henley Portrait Lord Henley
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My Lords, perhaps the House will welcome my intervention at this stage. I echo the words of the noble Baroness, Lady Howe, in saying that, surprisingly, I, too, commend the noble Baroness, Lady Royall, on tabling the amendments in this group. However, I have some doubts about their practicality and timing.

My first doubt is about their practicality. There are three amendments in the group. I am not sure in which order the noble Baroness would wish to see them on the statute book, or whether she wants to see them all on the statute book at the same time. Amendment 49A sets out in some detail what she proposes to do, although subsection (8) of the proposed new clause still gives the Secretary of State power by regulation to add further forms of conduct to subsection (6). The second amendment is a somewhat briefer attempt to do the same thing, which gives greater power to the Secretary of State to govern by regulation. The third, Amendment 49C, seems to imply that the Secretary of State can do what she likes, when she likes, merely by regulation. I am not sure that that is the right way to go about legislating in this field. I hope that I will cover these points in greater detail in my brief remarks.

I appreciate also the extreme importance of this matter. I make it quite clear to the noble Baroness and to the House that the Government take this very seriously indeed. We understand what my noble friend Lady Brinton called the fear and trauma that it can cause victims, many of whom are women living in fear of physical violence as well as mental anguish. We accept that more needs to be done—I make that quite clear—to protect victims of stalking and to stamp out such behaviour. That is why the Government took the initiative as long ago as last November in launching their consultation, which sought views on how we could more effectively protect victims of stalking—including, if necessary, through strengthening civil and criminal law, and police powers.

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Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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I am grateful to all noble Lords who have participated in this short debate for their very positive and supportive views. We are agreed, all around this Chamber, that this is a heinous crime and that we really must do something about it. I will not respond now to all the points that have been made because people want to know whether or not we are going to vote. Timing is clearly of the essence—the timing of my amendment is not perfect, in view of the fact that the people’s inquiry will report tomorrow and the Government’s own consultation finished yesterday. When the Minister talked about the consultation, he said that they would look at the results—it is terrific there have been 150 or more responses—and that, if necessary, the Government would bring forward amendments or further legislation. I was thinking that that was not good enough but as he went on it seemed clear that, while he cannot give me a binding commitment that he will bring an amendment back at Third Reading, he was inviting me to withdraw my amendment on the basis that, if he does not bring forward an amendment at Third Reading, he would be willing for me to do so. Is that correct?

Lord Henley Portrait Lord Henley
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I was trying to give an assurance that, although I cannot speak for the House, the noble Baroness would be perfectly within order to bring forward her amendments to be discussed again at Third Reading. On that occasion it would, obviously, be a matter for the House to consider the amendments. Under the much stricter rules on what can and cannot be brought forward at Third Reading, I would certainly have no objection to her bringing forward her amendments or some variant of them.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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I am very grateful to the Minister for that assurance, in view of which it would be wrong of me to press my amendment to the vote this evening. However, if the Minister is not able to bring forward amendments at Third Reading, I will certainly do so and, at that stage, I will pursue it to a vote 150 per cent. With that, I beg leave to withdraw the amendment.