(1 week ago)
Lords ChamberI am grateful for the noble Earl’s support. We will do that and have done that, but there are several cases pending on which we are not able to comment. Therefore, I hope the public will accept and understand the reasons why that assessment has been made, but he is absolutely right in his comments .
I absolutely condemn any demonstrators who attack the police; they should face the full force of the law. However, I have no doubt that the current approach is unsustainable. It blurs the line between violent or subversive action and legitimate, peaceful protest. The front-line police officers are strictly following the letter of the law in the name of national security, but does the Minister honestly believe that mass arrests of clearly well-intentioned members of the public are proportionate, necessary and wise, or that they serve the public interest?
Again, I am in danger of repeating myself to the House, but I have to, because the situation is quite clear: there is a line in the sand drawn by legislation passed by this House in 2000 on what a proscription order test is. We have had advice on that proscription order test and have passed legislation in both Houses which proscribes the particular organisation. Proscribing it then bans certain activity, of which protest in support of that organisation is one, not protest against the proscription in the first place. If that line is crossed, it is then for the police to exercise their discretion, for the CPS to determine whether charges should be brought and for a court to determine the activity.
None of that at all stops anybody from walking into Parliament Square today, standing up and condemning the State of Israel, protesting in favour of Gaza and for a Palestinian state, or condemning this—or any other—Government about our actions in favour of or against Palestine and a Palestinian state.
However, the line has to be drawn, and it has been. I hope those individuals who support Palestine will say so in a way that meets the legal obligations of free protest, but does not support organisations which, as the noble Earl said, cause criminal damage, have destroyed businesses, have carried out three major attacks, have thrown fireworks and pyrotechnics, have assaulted people in those buildings and have several court cases ahead. When they come out, if convictions are pursued, they will again show that there is further evidence in support of the actions that the Government have taken.
(1 month, 3 weeks ago)
Lords ChamberThe purpose of Parliament, both the House of Commons and this House, is to pass legislation. We have done that with overwhelming majorities in both Houses of Parliament in favour of the proscription order—and the proscription order is clear. However, I am also clear that we must not conflate terrorist activity with legitimate pro-Palestinian support. People are free to support Palestinian rights and sovereignty, and there are means to do it without being a member of or a supporter of Palestine Action. I cannot be clearer from this Dispatch Box.
My Lords, by handing overstretched and under-pressure police officers more power to decide whether a protest is in fact an arrestable offence in the heat of the moment, we risk creating an environment where almost every protest could be regarded as criminalised. Does the Minister accept that the recent ban, which has already led to many arrests of peaceful and even silent demonstrators, demonstrates how powers that are vague and too broad can be misapplied to unfairly target non-violent dissent?
I do not think I can be any clearer to the House. The proscription order was passed by an overwhelming majority in the House of Commons and in this House, and it is very clear. The police have a duty to enforce that proscription order. For the police, what that means is that they will potentially make arrests. It is then for the Crown Prosecution Service to consider whether charges are made, and it is then for decisions to be taken as to what happens to those charges. I am not responsible for police interaction on that matter because the police ultimately have to be independent of Ministers and government in making those decisions.
(2 months, 2 weeks ago)
Lords ChamberForgive me, my Lords; I think I was nodding off.
No matter how passionately any of us may feel about the unfolding tragedy in the Middle East, we all remain bound by the law. Activists cannot expect to waltz into a high security Ministry of Defence base and escape without consequences. The Liberal Democrats regard last month’s intrusion at RAF Brize Norton as totally unacceptable. The perpetrators should be prosecuted, taken through the courts and, if proven guilty, punished accordingly.
I grew up in Ireland, where terrorism was a very real and constant presence. Our newspapers were filled every day with what terrorists had done in the north—I lived in the south. It was just appalling: kneecapping, murder and bombing. That, to me, is the definition of “terrorism”. I believe that there is a big difference between that and criminal activity. I find anyone who commits violence to be absolutely abhorrent, but I see committing criminal acts and terrorist acts as very different things, and I do not believe that this particular act could be described as a terrorist act.
We are being invited not to prosecute criminal activity but to criminalise membership of an organisation. It is regrettable that Ministers put the three SIs together, because two of them are clearly well-proven, whereas the other one is, in my opinion, open to doubt. I want to be clear that we are definitely in favour of two of them, and we have no problem with that whatever. But it is not possible to say that, if a vote comes, we will vote for two of them and not for the other one.
When Parliament granted the Home Secretary the extraordinary power to ban organisations, it did so on the condition that such action be reserved for the most extreme circumstances when proportionality could be plainly demonstrated. It is our responsibility to question whether the use of these powers is fair, just and proportionate. That question of proportionality should be at the forefront of our minds today. I do not believe that the test of proportionality has been met. If this proscription proceeds, it will be the first time that a direct action group is outlawed primarily for damaging property. Although the Terrorism Act 2000 makes it clear that serious damage to property can meet the legal threshold for terrorism, questions about proportionality remain unanswered.
Which of the three tests that the noble Lord outlined for something to qualify as an act of terrorism has not been met by this organisation in the example that I gave?
It is proportionality that I am concerned about. Proscription, as the noble Lord, Lord Anderson, rightly pointed out, would mean that merely expressing approval for Palestine Action, even via an ill-judged retweet, could carry a 14-year prison sentence. I was not particularly convinced by the noble Lord, Lord Carlile, although he is a very long-standing friend, because if the CPS will not prosecute because it is clearly not the right thing to do, why is it there?
I am sorry but I cannot let that pass. Every day the police prosecute people for theft. The maximum sentence for theft was seven years—I am not sure whether it still is. Practically nobody gets seven years; most people get a non-custodial sentence. The assumption that everybody prosecuted will be locked up for years and years is a misleading premise for this debate.
I am not trying to mislead anyone; the noble Lord knows better than that. If it can happen, I do not think it is right. It is as simple as that.
That brings me to the security breach. Barely three weeks after the Strategic Defence Review urged stronger protection for RAF logistics bases, an activist group breached the security at Brize Norton. Can the Minister say in winding up what consequences there have been for those in charge of security at the base? Was site security managed by the RAF or contracted out? Can he give the House a categorical assurance that whatever mistakes enabled this breach will not be repeated?
There is also the question of workability. Hundreds of thousands of our fellow citizens have marched peacefully for a ceasefire and an arms export ban on Israel, a position that opinion polls say now commands majority support. Since this position is shared by Palestine Action, a member of the public promoting these views could be interpreted under this law as supporting the group. I would welcome clarity from the Minister on this, as it has understandably left many concerned and a bit confused.
We should be concerned that, while we debate the order, innocent Palestinians continue to die in their hundreds. The Government’s principal diplomatic energy should be directed at securing a durable peace: a plan for Gaza which excludes Hamas, pressure on Prime Minister Netanyahu to halt the de facto annexation of the West Bank and, without further delay, formal recognition of a Palestinian state by the United Kingdom. That is the Liberal Democrat position. For the sake of our security, credibility and liberties, I ask the Minister to focus on pursuing these aims instead.
(2 months, 2 weeks ago)
Lords ChamberThere has been some discussion of the algorithms and their use. There were discussions with South Wales Police in particular, who were dealing with that issue. Those discussions resulted in the National Physical Laboratory testing the algorithm used by South Wales Police, and it found no statistically significant difference in performance on either gender or race. However, it is for those very reasons that the Home Secretary wants to examine the legal framework and, for the reasons that my noble friend Lady Chakrabarti mentioned, to make sure that there is clarity and oversight, and that the plethora of organisations I mentioned at the start of this Question examine this in a way that makes for effective oversight and clarity for police forces.
My Lords, our concerns should extend beyond just facial recognition technology to the wide range of technologies coming down the track, some of which are very intrusive. Many are already being used by police forces in other countries. Will the Government consider appointing an independent regulator to establish clear guardrails around this new technology, so that any of the AI technology that the police want to use will be proportionate and necessary?
I understand the noble Baroness’s concerns, and I understand that people want to ensure that there is a legal framework for interpreting not just facial recognition but other such things. As I have mentioned, a plethora of organisations are looking at different aspects of regulation. My right honourable friend the Home Secretary is trying to look at that and to give clearer guidance on the use of what I still maintain is an effective tool. If this helps stop crime and identifies potential individuals through intelligence-led policing, then it is a good thing.
(3 months ago)
Lords ChamberThe noble Lord tempts me to examine issues that are potentially being addressed as part of our discussions on the police reform White Paper, which will be produced shortly. The White Paper is looking at governance and efficiency and how best we can promote resources, so that the ambition of the noble Lord, Lord Dobbs, can be met during this Parliament. I cannot comment on those issues directly, but the noble Lord needs to reflect on the fact that in the police reform White Paper we will discuss a range of measures, of which governance and responsibilities will be one.
The record number of recruits who joined the police under the Uplift programme, together with huge number of resignations, is putting real strain on experienced police, who are having to manage not just their own workload but the recruits. In the meantime, HMIC has reported that child sexual abuse cases are being dealt with by inexperienced officers, which is causing real problems and definitely contributing to 40% of cases not being managed properly and 40% of crimes still being unsolved. What are the Government going to do to persuade those really experienced officers to stay in the police force while it manages dealing with public safety under a less experienced police force?
It is really important that we try to retain police officers in post. Of the people who left in the past 12 months, approximately one-third were those who had reached retirement age and were going anyway. The largest group—48% of those who left the force—were people who had been there under two years. So, contrary to public perception, we are finding that people are retiring—people do retire—but the difficulty is retaining those recruited into the police force.
The noble Baroness makes an extremely important point about needing to ensure that we use that experience seriously to bear down on crime. What I want is to retain individuals who are recruited—it is a costly exercise, recruiting people who then leave after two years—but we also want to manage expectations. Again, trailing the police reform White Paper, those issues are part of the Government’s potential future plans once the White Paper is produced.
(3 months, 1 week ago)
Lords ChamberThe act of standing and making a protest is a fair and open act. It will not be covered by Section 5 of the Public Order Act. If the noble Lord is referring, as he may be—and if he is not, I apologise—to the question of abortion clinics and abortion legislation, the Government have passed legislation on this matter. Silent protest is allowed, but not within a limit set by law. That is fair and appropriate for people who wish to protest, as well as for people who wish to access a service that this House and the House of Commons have passed as being legal.
Given reports that recent protests have been largely peaceful, how will the Government ensure that the new powers to restrict protests near places of worship are not used to criminalise lawful dissent or acts deemed to be merely offensive? What guidance will be provided to police so they avoid subjective or arbitrary enforcement and to ensure that these powers are applied proportionately and transparently, to maintain public trust?
The noble Baroness again raises measures that will come before this House in very short order in the Crime and Policing Bill. We are planning to introduce a new measure that gives protection to synagogues, mosques, churches and other places of worship from—and this is the key point—
“intimidating levels of disruption caused by protest activity”.
That is across the board, whatever the religion, whatever the faith. If somebody is undertaking intimidating levels of disruption, and that protest is an intimidatory, harassing protest, action will be taken. This House will have an opportunity to debate where that line is drawn when the Bill comes before the House. It is certainly a measure that I hope Members of the House recognise as being important; it is important that we protect religious organisations from disruption and harassment while, at the same time, ensuring that everybody has the right to protest.
(3 months, 1 week ago)
Lords ChamberThe noble Viscount is absolutely right: delivery drivers are a potential area of hazard. This legislation will apply to them, but it is also incumbent on those companies that employ delivery drivers to take action in the event of individuals being found to have breached the legislation, who have perhaps secured points on their licence and will, in future, perhaps be subject to this legislation.
My Lords, given the challenges with identifying illegally modified e-bikes, and given the success of the mobile rolling road test benches used in the Netherlands that enable police quickly and accurately to determine whether e-bikes exceed legal power or speeds, will the Government consider looking at what is being done in the Netherlands and deciding whether that might be appropriate to use here? I think the Government will find that the success in the Netherlands is something that we really ought to replicate here.
I am grateful to the noble Baroness. I will certainly look at the position in the Netherlands and see what we can take from that. The measures that I mentioned will be before this House in very short order, when there will be an opportunity to examine and further debate them. It is also important to say that the police take very seriously the question of offenders on e-cycles that are modified and looked on as motorcycles. When appropriate, if they wish to, the police may even pursue an illegally modified e-cycle and employ tactical options to bring the vehicle to a stop. This is unacceptable anti-social behaviour, and the Government are taking it seriously and have put new legislation forward. For the very reasons mentioned by the noble Lord, Lord Hogan-Howe, we want to ensure that the police up their performance in tackling this by making arrests and seizing bikes where they cross the threshold of illegality.
(3 months, 1 week ago)
Grand CommitteeMy Lords, the order before us seeks to add ninja swords to the list of prohibited offensive weapons by amending the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 to include them. I will briefly set out the context for why the Government have brought the order forward. The Government have already taken robust action to introduce a ban on zombie-style knives and zombie-style machetes, which came into force last September. We are also strengthening enforcement and prevention as part of the Government’s safer streets mission, and there will be further new measures before the House of Lords very shortly in the Crime and Policing Bill, which is currently going through the House of Commons.
This legislation to ban ninja swords was a government manifesto commitment last July and responds to tireless campaigning by the family of Ronan Kanda, who was just 16 when he was fatally stabbed by a ninja sword in 2022. We are taking this action in honour of Ronan’s memory, but also in recognition of the remarkable courage and determination shown by his loved ones, led by his mother, Pooja Kanda, alongside her daughter, Nikita Kanda, and other family members. I take this opportunity to pay tribute to their family. I cannot imagine what it is like to suffer such a terrible loss, yet, having suffered that loss, they have gone on to campaign for changes that will make our society safer. For that, they have my admiration and respect and, I hope, that of the whole Committee.
Although there have been relatively few fatal attacks involving ninja swords compared with other bladed weapons, there is no doubt that such swords can be lethal. Under Section 141 of the Criminal Justice Act 1988, it is an offence to possess, import, manufacture, sell, hire, offer for sale or hire, expose, or possess for the purposes of sale or hire, a weapon specified in an order made under that section. Using the order-making powers in Section 141(2) of that Act, the Government now add ninja swords, through this order, to the list of prohibited offensive weapons to which Section 141 applies.
These weapons—ninja swords—are defined as a sword with a blade between 14 inches and 24 inches in length, with one straight cutting edge and a tanto-style point. The length the Government have chosen is in order to exclude knives and tools used for legitimate purposes, such as many kitchen knives and other types of knife. To be within the scope of the ban, the article will also have the features specified in paragraph 1A, namely that the sword will have a primary cutting edge, a secondary cutting edge and a blunt spine with either a tanto-style point or a reverse tanto-style point. These terms are further defined in detail in the legislation.
Although it is right that we take the strongest possible action to prevent violence and stop dangerous weapons getting into the wrong hands, we are not seeking to criminalise law-abiding citizens. We are confident that the definition of ninja swords does not include tools traditionally used in agriculture or other farming, gardening or outdoor activities. We have included in the legislation defences to cover a range of circumstances, including where the article in question is one of historical importance; is owned for a permitted activity, such as sports or legitimate martial arts practice; or is made by hand. Antiques are already exempted from the scope of Section 141 of the Criminal Justice Act 1988, so the order before the Committee is very specific and tightly defined.
I have a couple of further points to make. Parts 3 and 4 of the order provide for a surrender and compensation scheme, through which owners of the weapons in scope of the order will be able to surrender them. The order has a territorial scope of England and Wales only, but I very much hope that the local devolved Governments in Northern Ireland and Scotland will take similar action to ensure that ninja swords are prohibited across the United Kingdom. To that effect, Home Office officials are in discussion with the Governments in Northern Ireland and Scotland, but, obviously, that is a matter for them.
To conclude, the risk of these dangerous swords being used for crime and violence is not one that we are prepared to tolerate. The manifesto commitment, endorsed last year in the July general election, commits the Government to halving knife crime in a decade as part of our wider safer streets mission. Banning ninja swords is an important step towards this and towards removing weapons from circulation. I commend the order to the Committee.
My Lords, we believe that this ban is proportionate and we support it. Sword-related deaths are rare but even one, such as the tragic loss of Ronan Kanda, is too many. I join the Minister in his admiration for the family and how they have behaved. However, for this ban to be truly effective, it must be robust and well implemented. I have a number of concerns; I would be grateful if the Minister could address them when he winds up.
First, if the people we most need to reach are not even aware of this ban or the surrender scheme, they are unlikely to have the desired impact. The Youth Endowment Fund says that this was a key failing of the previous scheme to ban zombie knives. Even some individuals working in this field were apparently unaware of the process. Clear and targeted communication is essential. Can the Minister outline how the Government will ensure that those who are the hardest to reach, who may not be easily identified or contacted, are made aware of these changes?
Secondly, I have a real concern that people surrendering zombie knives were asked to provide their personal details. Youth workers believe that this prevented many people coming forward, in particular those possessing weapons illegally, who already distrust the police completely. Will people be asked to provide their personal details this time?
Can the Minister clarify why the ban is limited to blades of up to 24 inches? Although most ninja swords are between 14 and 24 inches, knife enthusiasts are already bragging online that blades longer than 24 inches will remain legal. Was this intended to protect legitimate uses? From what the Minister said in his introduction, I assume that it was. If so, does the legitimate use exemption not already provide adequate protection? Is the Minister confident that criminals will not simply switch to longer blades to evade the law, which they seem to suggest online they would or should do?
I also want to ask about the exemption for fantasy swords. After the zombie knife ban, the BBC found that retailers were still selling them by claiming that they were for cosplay and could not cause harm unless modified. Is the Minister confident that this exemption will not create a similar loophole?
Furthermore, the legislation is narrowly drawn. The Home Office itself acknowledges that it may simply shift demand to other types of swords. It is unclear whether most swords used in recent homicides would even be covered by these new rules. What mechanism will be in place to review the effectiveness of this ban after it comes into force?
Finally, this law will make a difference only if it is enforced. The Clayman review suggests that the police currently lack the training, expertise and resources to police this effectively. Can the Minister provide information on how enforcement will be strengthened and what steps are being taken to improve police capability?
I would be grateful if the Minister would address these issues when he winds up.
My Lords, I join the Minister’s expressions of gratefulness towards the family of Ronan Kanda for the way that they have taken forward this campaign. I also thank the Minister and his Home Office team for the really careful way that the order has been drafted. They have considered thoroughly the representations made by members of the antique trade, collectors, historical re-enactment groups and martial art practitioners, when the easiest thing would have been to have a blanket ban on every straight-bladed sword. This would have criminalised people involved in land management, antique collecting, living history and sporting activities. I am therefore very grateful for the care and trouble that the Home Office team have taken.
I am confident that this definition is precise and specific to just these swords, but it is complex in nature and needs to be accompanied by illustrated guidance notes, as was done with zombie knives. A great deal of very well-informed amateur effort is available to help the Home Office compile these notes. Perhaps, given the enthusiasm in some bits of this Government for AI and the progress that they are making, we could equip each constable with an app on their phone that, based on the detailed knowledge that can be provided, the illustrations and other details, would enable instant identification—at least in principle—for police officers, who would not have to receive deep, separate training. Maybe there is something that we can do here to improve enforcement. There is so much complexity in this area that the idea that we are going to train constables in how to recognise whether a knife is within or without this legislation is not practical, but there are ways in which it can be done.
I am delighted that the Government have recognised the importance of historical items by including defences that are identically worded to those in previous legislation. The role of amateur collectors and people who are interested in preserving our history is really important at a time when museums are strapped for cash and resources. That being recognised and supported is enormously appreciated.
I hope that we will—well, I am sure that we will—have an opportunity when the Crime and Policing Bill comes through the House to consider extending this defence consistently across the entire area of historical weapons. There is a set of inconsistencies at the moment, particularly around World War II items, such as the sort of stuff that the SOE used—I declare an interest as someone who is descended from the political head of the SOE. It is really important that this aspect of our history is preserved. There will be an opportunity with that Bill—not, as I say, to extend the idea of the legislation but to extend its ambit—to make sure that what has been done in this order can be extended to weapons of historical significance generally.
(4 months ago)
Lords ChamberI should declare an interest in that I am a member of the Union of Shop, Distributive and Allied Workers, and have been since 1979. I am fully in contact with the members of that union, who do a great job in supporting shop staff and shop presence. What staff should not face is attacks from individuals when they uphold the law on cigarette sales, alcohol sales or other sales. In fact, I moved an amendment some years ago to ensure that protection was in place. It was defeated by the then Conservative Government. I am very proud to say that I shall be moving the same Motion in the Crime and Policing Bill and that it will be passed by my colleagues.
My Lords, retailers often choose not to involve police when pensioners are caught shoplifting. Will the Minister discuss this issue with the College of Policing to ensure there is a consistent and fair approach to all offenders; balancing compassion for those who are in genuine hardship with the need for deterrence and public confidence in the justice system?
Under the last Government, the National Police Chiefs’ Council produced a retail crime action plan, which is now around two years old. It includes a range of measures on how we can reduce shop theft across the board, but also looking at specific sectors. We have backed that up with a £7 million fund this year to support action on shop theft in town centres in particular.
I accept that there are a range of reasons why individuals undertake shop theft. Some are in criminal gangs, some are fuelling addiction problems, and some, as my noble friend mentioned, do so for reasons to do with poverty. We need to address all those issues but, ultimately, we should have no tolerance of shop theft as a whole, because it costs society, costs us as individuals, and is a crime that is seen as being victimless when it certainly is not. By all means, let us look at the individual circumstances, but our advice to police forces is to focus on this as a serious issue, for growth in the economy and for the impact on our society as a whole.
(4 months ago)
Lords ChamberMy noble friend can rest assured that under the Online Safety Act, which passed with an element of cross-party support but which has now been implemented by this Government, we have put in place stringent standards whereby, if illegal, harmful and fraudulent content is hosted by companies and they do not remove it when requested to do so, they will face fines and penalties which are severe. As I said to the noble Lord, Lord Vaux, we intend to keep that under review. We intend to look at how it is working, and if it is not working to a satisfactory level, we will take further action in the forthcoming fraud strategy paper that will be produced towards the end of this year.
My Lords, Facebook’s removal of fact-checkers from its platforms leaves people even more exposed, with a new person scammed every seven minutes. To make matters worse, Ofcom decided to delay implementing its codes of practice for paid-for fraudulent advertising. Does the Minister share my concern that this decision by Ofcom means that key parts of the Online Safety Act will not be fully enforced until at least 2027?
The noble Baroness has mentioned the fraudulent advertising duty, which, again, is a key part of the Online Safety Act. Ofcom assures me that it will consult very shortly, towards the summer, on codes of practice that will look at the very issue that she has mentioned—the advertising duty—with an aim to publish the final advertising codes around this time next year.