Ten-Year Drugs Strategy

Debate between Baroness Williams of Trafford and Baroness Meacher

Thursday 9th December 2021 Lords Chamber

[Baroness Meacher (CB)]

My Lords—oh, I am so sorry.

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

I am looking forward to hearing from the noble Baroness; I think I know what she is going to say.

I will respond to the noble Lords, Lord Coaker and Lord Paddick. On the impact—the question of what the problem is—I think most people would agree that illegal drugs inflict some devastating effects on a quite horrifying scale. The cost to society is colossal, running to about £20 billion a year. There were almost 3,000 deaths relating to drug misuse in 2020. This represents two-thirds of registered drug poisoning deaths and accounts for 52.3 deaths per million people. Heroin-related deaths in England have more than doubled since 2012 and make up the largest proportion of drug misuse deaths at 45%.

In 2020 alone, referrals of children suspected to be victims of county lines—I will get on to that shortly—increased by 31%. Drugs drive nearly half of all homicides and a similar proportion of acquisitive crimes such as robbery, burglary and theft. More than 3 million adults reported using drugs in England and Wales in the last year, and more than one in three 15 year-olds report having ever taken drugs.

The noble Lord, Lord Paddick, asked whether we had done an assessment on the impact of a regulated market for cannabis. I do not think we have. Our position on cannabis remains the same as the last time I spoke about this, but if I have anything new to add I will let him know.

On the additional three-year investment from April next year, the total is £900 million. There is a £300 million three-year Home Office investment, and we commit to making up to £145 million of funding available for county lines—as I said, I will get on to that in a second. There is £533 million—more than half a billion pounds—for DHSC to increase and improve treatment services, £120 million for MoJ for drug treatment and probation services, £68 million for DLUHC for treatment and support in England for those with a housing need, and £21 million for DWP to roll out individual employment support across all local authorities in England. As noble Lords can see, it is a cross-Whitehall effort—across six departments, in fact. The noble Lord, Lord Coaker, talked about co-ordinated programmes. He is absolutely right: if we are operating across six departments, we must certainly have a co-ordinated approach.

The noble Lord asked whether the statistic of 1,500 county lines being shut down means we have caught 1,500 criminals or just that 1,500 phone numbers have been taken out of circulation. In the last two years, our county lines programme has delivered more than 1,500 lines closed, more than 7,400 arrests, £4.3 million in cash and significant quantities of drugs seized, and more than 4,000 vulnerable people safeguarded. It means that 1,500 active county deal lines have been closed and found to remain out of use, which is good news. Through our programme we will continue to focus on arresting and charging the line holder and securing criminal justice outcomes to ensure that we put offenders behind bars. The National County Lines Coordination Centre determines that a line is closed when there is evidence that the controlling gang is no longer capable of distributing drugs using that telephone number, with check-backs to ensure that the telephone number remains out of use.

The noble Lord also asked me how we would measure ourselves and what progress looks like. By 2024 we expect the whole-of-government mission to have prevented nearly 1,000 deaths, reversing the upward trend in drug deaths for the first time in a decade. We expect it to have delivered a phased expansion of treatment capacity, with at least 54,500 new high-quality treatment places, which would be an increase of 20%, including 21,000 places for opiate and crack users, delivering 53% of opiate and crack users into treatment. We expect at least 7,500 more treatment places for people either sleeping rough or at immediate risk of sleeping rough, which would be a 33% increase on current numbers. We expect to provide a treatment place for every offender with an addiction, because the two are so often linked.

We also expect that this strategy will have contributed to the prevention of 750,000 crimes, including 140,000 neighbourhood crimes, through increases in drug treatment. We expect it to have closed over 2,000 more county lines through our relentless and robust action to break the model and bring down the gangs running these illegal lines, and to have delivered 6,400 major and moderate disruptions—that would be a 20% increase —against the activities of organised criminals, including arresting influential suppliers, targeting their finances and dismantling their supply chains. These are the ambitions on which we should be judged.

On the noble Lord’s point that we are simply reversing the cuts made since 2010, the strategy is underpinned by a record investment of nearly £900 million of additional funding over the three years, as I said, taking the total investment in combating drugs to £3 billion over the next three years. It sets out our landmark whole-of-government approach to tackling drug misuse, with more leading departments than ever before.

The noble Lord, Lord Paddick, asked about county lines, on which we are already delivering real impact. In the past two years, our county lines programme has delivered more than 1,500 lines closed, as I told the noble Lord, Lord Coaker, with 7,400 arrests and £4.3 million in cash. The latest national co-ordination centre assessment of county lines shows a reduction in the total number of potentially active lines, an important point, with numbers reported to have fallen from between 800 and 1,000 in 2019-20 to 600 in 2021. There is more to be done on county lines programmes through this strategy. We will be investing up to £145 million to tackle the most violent and exploitative distribution model seen yet. We will continue funding the National County Lines Coordination Centre to provide that vital national strategic oversight. We will also focus on the largest exporter areas, alongside dedicated surge funding for local police forces to tackle county lines and grip the transport network through the dedicated British Transport Police’s county lines taskforce, invest in new technology including ANPR, and fund provision of specialist support for vulnerable children, young people and families involved in county lines activity.

We do not have plans for decriminalisation of drug possession generally. Our approach to drugs remains clear. We must prevent drug misuse in our communities and support people through treatment and recovery, which is one of the main planks of the strategy.

[Baroness Meacher (CB)]

My Lords, in the absence of any evidence-based drug policies in this country, which would include heroin treatment centres linked to staffed consumption rooms to tackle very effectively polydrug use and heroin use, and in the absence of readily available medical cannabis to about 1 million people who need it—I could go on—can the Minister confirm that the small increase in funding for treatment envisaged in this strategy will not, even in the third year, fully compensate for the cuts in spending on treatment? Taking into account, as the Government tend not to do, the cuts to Home Office and probation service funding of treatment, as well as the funding from local authorities, can the Minister confirm that even in year 3, when the largest increase will come into play, we will not even get back to all those years ago, before the cuts began? As the Minister knows, Carol Black was prohibited from looking at any change in the law, and it is only with change in the law that one will achieve good evidence-based policies on drugs.

[Baroness Williams of Trafford (Con)]

I think that the noble Baroness knows, even before asking the question, that we do not intend to change the law. However, I thought that she might be quite pleased by the focus of one of the pillars, which is treatment and support for drug users. She will also not be surprised to know that we do not have any plans to introduce drug consumption rooms. Anyone running them would be committing a range of offences including possession of a controlled drug and being concerned in the supply of a controlled drug. We support a range of evidence-based approaches to reduce the health-related harms of drug misuse, such as maintaining—oh, I cannot find the page in my notes, so I will get back to her on this in a second.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Williams of Trafford and Baroness Meacher

Lords Hansard - Part 2 & Report stage
Wednesday 8th December 2021 Lords Chamber

[Baroness Meacher (CB)]

My understanding is that the police are able to require information to be given and Clause 17 gives the Secretary of State the power to reinforce that. As the Minister suggested this morning, the matter would then have to be determined in the courts. This is really the nub of it. We want professionals to feel able to undertake their work to prevent serious violence, with children and young people who really are pretty problematic, without feeling that, in the end, it will go to court to decide whether they are allowed to exercise their professional judgment.

[Baroness Williams of Trafford (Con)]

If the noble Baroness will be patient, I will get on to Clauses 16 and 17 in just a second.

Going back to Clause 15, this will permit, but not mandate, authorities to disclose information to each other. It simply ensures that there is a legislative basis in place to enable information to be shared between all authorities exercising functions under Chapter 1 of Part 2 of the Bill. The clause also ensures that any disclosures must only be made in compliance with data protection legislation and cannot be made if certain prohibitions on disclosure set out in the Investigatory Powers Act 2016 apply.

Clause 16 provides a power for a local policing body—a PCC or equivalent—to request information from a specified authority, educational authority, prison or youth custody authority for the purposes of enabling or assisting the local policing body to exercise its role to assist duty holders and monitor its functions to prevent and reduce serious violence. While Clause 16 places a statutory requirement on the specified authority, education authority, prison or youth custody authority to comply with such a request, a disclosure is not required if it would contravene data protection legislation or prohibitions in specified parts of the IPA 2016. The provision does not place any mandatory requirements directly on individual professionals to disclose information they hold under the duty, be that confidential information or otherwise.

There are also a number of safeguards in relation to the information that can be required. As proposed by government Amendment 20, local policing bodies must request only information already held by that authority. Requests must be related to the organisation or function to whom the request is made, except when functions are contracted out. Additionally, the information supplied under Clause 16 must be used by only the local policing body that receives it to enable or assist that body to assist the relevant authorities or monitor the activity it undertakes under the duty. The information received is not therefore to be used or disclosed onwards to any other bodies for other purposes, such as law enforcement.

It is against that backdrop that we need to consider the provisions in each of Clauses 9, 15 and 16 which Amendments 11, 22 and 30 seek to strike out. These provisions state that, in determining whether a disclosure would contravene the data protection legislation,

“the power conferred by this section is to be taken into account”.

This allows the power or duty to disclose to be taken into account when determining the impact of the data protection legislation. This is to preserve the effect of the data protection legislation, dealing with the logical difficulties that can arise where an information-sharing gateway, such as that proposed by these provisions, prevents disclosure in breach of the data protection legislation, but the data protection legislation allows a disclosure which is required or permitted by the enactment. This is to ensure that these provisions can be taken into account when authorities are determining the legal basis for processing data under Article 6 of the UK GDPR.

This Bill is by no means unique in including this drafting. The provisions have been used for a number of other information-sharing clauses, including most recently the Environment Act 2021 and the Forensic Science Regulator Act 2021. I know that I am not allowed props in your Lordships’ House, but if I hold up the list to myself, there are a huge number of Bills to which this pertains. This is a standard provision. I also reiterate that both Clause 15 and regulations made under Clause 9 provide for permissive gateways, meaning that they do not impose any obligation to share information. That is a crucial point.

On Amendment 25, I totally agree that any decision to disclose an individual’s personal data should not be taken lightly. The rationale for not excluding all personal data sharing under the duty is clear. Private and confidential health data has a unique status and needs special protection or trust between patients and doctors. That could be undermined, with individuals actually going as far as to avoid treatment for fear of their data being shared. However, in order for the duty to be effective, we really must still support sharing of case-specific information on individuals at risk to both safeguard them and support vital interventions; I know that the noble Baroness, Lady Meacher, agrees with that point. Decisions about whether disclosures of personal data can lawfully be made under these provisions would always need to be made on a case-by-case basis, and always in line with data protection legislation.

As I said in previous debates, we are not seeking to replace existing data-sharing agreements or protocols, including those under the Crime and Disorder Act 1998. All authorities subject to the duty should have clear processes and principles in place for sharing information and data. Any and all exchanges of data and information under Clauses 15 and 16 or regulations made under Clause 9 must not contravene existing data protection legislation or provisions of the IPA 2016.

I turn to the amendments tabled by the noble Lord, Lord Paddick. Amendment 18 seeks to ensure that relevant authorities are obliged to comply with the serious violence duty only to the extent that it does not conflict with its other statutory duties. We do not support this amendment, as it is essential that all relevant authorities are legally required to collaborate with the specified authorities or with other education, prison or youth custody authorities in their work to prevent and reduce serious violence when requested to do so, and to carry out any actions placed on them in the strategy. There are already sufficient safeguards in place, including considering whether the request is deemed to be disproportionate to the local serious violence threat level, whether it would be incompatible with an existing statutory duty or, indeed, whether it would have an adverse effect on the exercise of the authority’s functions, or would mean that the authority incurred unreasonable cost. In determining whether any of those conditions apply, the cumulative effect of complying with duties under Clause 14 must be taken into account.

We think that this approach strikes the right balance in ensuring that institutions which are affected by serious violence, or may have a valuable contribution to make to local partnership efforts, will be drawn into the work of the local partnership without placing unnecessary burdens on those which may not. This approach is also consistent with the structures and processes in place for existing safeguarding legislation and would allow for an effective and targeted approach within both the education and prison sectors.

Amendments 24, 32 and 33 require that any information disclosed under Clauses 15 or 16 or under regulations made under Clause 9 must comply with any duty of confidence owed by the person making the disclosure, where disclosure would amount to a breach of that duty, the Human Rights Act 1998, the Equality Act 2010, the data protection legislation, the Investigatory Powers Act 2016, and any other restriction on the disclosure of information, however imposed. In addition, Amendment 33 also specifies that no regulations may be published under Clause 9(2) prior to the Secretary of State publishing an equality impact assessment, a data protection impact assessment and a description of any guidance or codes of practice.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

My Lords, as I understand it, they must be read with Article 6 of the GDPR, so it is a read-across. Yes, I am tired—my brain is not working very fast today.

Clauses 9, 15 and 16 also already ensure that data can be disclosed only in compliance with the data protection legislation; I mentioned that that requires a case-by-case consideration of the necessity and proportionality of a disclosure.

Obligations of confidence and other restrictions on disclosure are not breached by a disclosure under Clauses 15 or 16, or regulations made under Clause 9, but patient information and personal information held by a health or social care authority should not be shared in line with our proposed amendments, as it is vital that authorities are able to share their data when necessary to determine what is causing serious violence in local areas. Our draft statutory guidance provides some additional steers on this, and the guidance will be subject to formal consultation following Royal Assent and can be revised if it needs further clarification.

I turn to Clause 17, and first I shall answer a point made by the noble Baroness, Lady Brinton. A direction under Clause 17 cannot be made to require information requested under Clause 16 to be provided if the information is patient information or if the health or social care authority is requested to provide personal information. I hope that she finds that clarification helpful.

Amendment 35 strikes out Clause 17, which confers a power on the Secretary of State to direct a specified authority, educational, prison or youth custody authority, where it has failed to discharge its duty imposed under the Bill. I assure the House that we expect these powers to be seldom used and utilised only when all other means of securing compliance have been exhausted. However, in order for this duty to be effective, there needs to be a system in place to ensure that specified authorities comply with the legal requirements that we are proposing to help prevent and reduce serious violence.

I hope, in the light of my explanation, that the noble Baroness, Lady Meacher, and the noble Lord, Lord Paddick, will be content not to press their amendments and support the government amendments.

[Baroness Meacher (CB)]

My Lords, first, I thank the right reverend Prelate the Bishop of Manchester and the noble Lord, Lord Paddick, very much for their support for these amendments and their excellent contributions, and I thank all other noble Lords who have contributed today—in particular the noble Lord, Lord Rosser, who has been very helpful behind the scenes, despite a slight issue this evening, as we know.

I thank the Minister for her reply. Her remarks must have left noble Lords completely confused because, of course, if these clauses really were benign, we would not have Amnesty International, Liberty and about a dozen other organisations desperate for these amendments to pass this evening. The fact is that they are not benign, and I congratulate the Minister on the brilliant wording that has somehow left me bemused, along I am sure with everybody else in this Chamber.

I regard the issue of the ability of professionals to exercise their professional judgment in deciding whether to pass information to the police, which could jeopardise the very vulnerable young people they are working with, as a very important issue of principle. It is for that reason that I wish to test the opinion of the House—albeit I know our numbers are severely limited at this very late hour—and call a vote.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Williams of Trafford and Baroness Meacher

Lords Hansard - part one & Committee stage
Wednesday 27th October 2021 Lords Chamber

[Lord Paddick (LD)]

I am grateful to the Minister. I think I need to read what she said and compare it with what is in other clauses in the Bill because, although it is difficult to hold everything in one’s head, I am not sure that everything she said is consistent with what is in the Bill.

However, there are two specific questions that the Minister did not answer. The noble Baroness, Lady Meacher, asked what the sanction would be for failure to comply. Is it right that a mandatory order is an order of the Administrative Court to comply with a legal duty, and therefore failure to comply with a mandatory order would be in contempt of court? The second question, which I asked, was: can the Minister give examples of where public authorities involved in preventing and tackling serious violence have obstructed the efforts to achieve those objectives? If not, why is the clause necessary? I do not expect the Minister to have examples at her fingertips but perhaps she could write.

[Baroness Meacher (CB)]

I thank the Minister for her response on Clause 17. However, I wish to express a bit of concern. Although she assured the Committee that an individual doctor or youth worker would not be required to provide information, nevertheless an authority might well provide information, without consulting the individual doctor or youth worker, that would identify individuals who were receiving services in that authority. After the Minister’s response, I am not at all clear that we can be completely sure that this will not happen; I believe that there should be some wording in these clauses to specify that information from authorities about individuals would not be accepted if they provided it. This is an incredibly dangerous situation if individuals find that their authority has been divulging information to the police; it could destroy the efficacy of our public services—it is that serious.

I am not trying to be awkward; I just feel that we need some assurances in these clauses that individuals will not need to be concerned about the disclosure of information about them. Various subsections in Clauses 15 and 16 and so on indicate that, in looking at data protection, you must take account of the regulations in this Act. It is quite complex but it is not reassuring, if I may say so.

[Baroness Williams of Trafford (Con)]

My Lords, I am keen for this not to be left hanging in uncertainty. Perhaps a bit of further explanation will be helpful to the noble Baronesses, Lady Meacher and Lady Chakrabarti, and the noble Lord, Lord Paddick.

This is a backstop power that will be used rarely. However, if needed, it could be utilised; for example, where one of the specified authorities fails to participate in the preparation of the local strategy. If a direction was issued and the authority still refused to comply—that was the question asked by the noble Lord, Lord Paddick—on the basis that it believed that doing so would breach data protection legislation, the Secretary of State would need to apply for a mandatory order and the court would ultimately decide, but I do not think that there is any question of breaching data protection legislation.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Williams of Trafford and Baroness Meacher

Lords Hansard - part two & Committee stage
Monday 25th October 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, the hour is late. Might the noble Lord permit me to discuss, perhaps in the next few days, the seeming contradiction between those two things?

[Baroness Meacher (CB)]

My Lords, as the Minister says, the hour is indeed late. I thank the noble Lords, Lord Paddick and Lord Moylan, in particular for their support, and other noble Lords for their speeches. I was going to make a rather similar point to the noble Lord, Lord Paddick, because the Minister made this provision sound very amenable and voluntary—“Don’t worry about it. There is no problem with trust. It is all just about general information.” That is not my reading of these clauses at all.

The noble Lord, Lord Paddick, made one issue very clear, but there are actually various bits of these clauses that build that general picture of anything but voluntary disclosure. There is a lot about modifying data protection and so on.

I hope that, one way or another, we can have a discussion with the Minister before Report because, otherwise, I fear that we will have to bring these amendments, or something like them, back. We would much prefer to sort this out, if we possibly can. With that, I beg leave to withdraw the amendment.

Refugees: Napier Barracks

Debate between Baroness Williams of Trafford and Baroness Meacher

Thursday 11th February 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I repeat the point I just made to the noble Lord, Lord Dubs, about the accommodation being good enough for our Armed Forces. I underline that the accommodation is safe, warm, fit for purpose and of an appropriate standard, with three meals provided a day. To put the current demand for asylum accommodation into context, back in 2019 the accommodation asylum population was broadly static at about 47,000, but, as of December last year, we now accommodate in excess of 61,000 people.

[Baroness Meacher (CB) [V]]

My Lords, I fear that the Minister has been misinformed for her responses, as the information on the ground is very different, but that is not her fault. It seems that the Home Office is planning to use disused Army barracks such as Napier increasingly to house traumatised and, as the noble Lord, Lord Dubs, said, often tortured asylum seekers for whom prison conditions—as conditions in Napier are described—induce untold suffering, mental health crises and, indeed, suicide attempts. Can the Minister tell the House when Napier will be closed, as it needs to be, and assure the House that barracks will not be used as accommodation to house traumatised asylum seekers in the future?

[Baroness Williams of Trafford (Con)]

I must say to the noble Baroness that the people at Napier are not being detained. I must underline that point very clearly: they are not being detained. I have been through the standards of the accommodation with noble Lords already. In terms of trauma, the access to healthcare in the barracks is of a very high standard. We have a nurse on call from Monday to Friday, nine to five, and out-of-hours healthcare, dental provision and emergency healthcare are available as well. I would reject some of the statements being made by noble Lords.

Domestic Abuse Bill

Debate between Baroness Williams of Trafford and Baroness Meacher

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I can be brief with the government amendments in this group. Clause 73 enables the Secretary of State to issue guidance about the effect of certain provisions in the Bill, but also about

“other matters relating to domestic abuse in England and Wales”.

It is the UK Government’s view that, with the exception of Clause 73, the provisions in the Bill relate to reserved matters in Wales. We acknowledge that the power to issue statutory guidance about any matter relating to domestic abuse encroaches on devolved matters in Wales. It is for that reason that Clause 73 requires the Secretary of State to consult the Welsh Ministers in so far as any guidance relates to a devolved Welsh authority.

Following discussions with the Welsh Government, these amendments narrow the power to issue guidance under Clause 73(1)(b) so that any such guidance does not relate to Welsh devolved matters. Guidance relating to Welsh devolved matters is properly a matter for the Welsh Ministers and not the Secretary of State. As I indicated, these amendments have been discussed and agreed with the Welsh Government. I will respond to the other amendments in this group when winding up but, for now, I beg to move.

[Baroness Meacher (CB) [V]]

My Lords, I speak to Amendment 180. I thank the noble Baroness, Lady Featherstone, and the noble and learned Baroness, Lady Butler-Sloss, for adding their names to it. Most of all, I thank the Ministers for their extraordinary forbearance on this very long day.

A key aim of this amendment is to prevent domestic abuse in the future. How should we do it? First, we should ensure—perhaps surprisingly, you might say—that primary school children who exhibit symptoms of severe psychological disturbance receive the professional psychological help that they urgently need if their mental health is to be restored and if long-term problems, for them, society, their own children and future spouses, are to be avoided. The amendment makes it clear that, wherever possible, parents should be involved in that therapy. Much quicker and more sustained improvements for the child can generally then be achieved. Having been involved in family therapy work many years ago, I know just how powerful and beneficial it can be for all members of the family.

The second part of the amendment would ensure that effective preparation for adult relationships—sex, marriage and, most particularly, awareness of domestic abuse and its consequences—was provided across the country for all senior schoolchildren in the last years of their schooling. I will return to this briefly at the end of my remarks; I want to focus mainly on primary school children.

This amendment is probably not the polished article. If we proceed to Report on these important matters, relevant lawyers and, I hope, the noble and learned Baroness, Lady Butler-Sloss, might help to get it into shape. But why is the amendment so important? It is because domestic abuse is rooted in childhood and is such a big problem. The Children’s Commissioner suggests that 831,000 children in England are living in households that report domestic abuse. The mental health of all those children will be adversely affected, in some cases very seriously. Many will go on to become domestic abuse perpetrators, as we have said before. Action for Children tells us that 692 assessments are carried out every day that highlight domestic abuse as a feature of a child’s or young person’s life.

The problem is very serious, for the children as well as for their future spouses and children. The consequences of domestic abuse on children range from negatively affecting brain development and impacting cognitive and sensory growth to developing personality and behavioural problems, depression and suicidal tendencies. Analysis of data from the Millennium Cohort Study found that children whose parents experienced domestic violence when their children were aged three reported 30% higher than average anti-social behaviours aged 14, for example committing physical assault. Sensible, preventive interventions with children will save taxpayers’ money on police, courts and prisons, quite apart from saving the lives of the individuals involved from the miseries of criminality and becoming perpetrators of domestic abuse, with all that those things involve.