Police, Crime, Sentencing and Courts Bill

Lord Walney Excerpts

2nd reading
Tuesday 14th September 2021 Lords Chamber

[Lord Walney (Non-Afl)]

My Lords, the measures relating to protest and public order in Part 3 of the Bill are of interest to the wider review that I have been asked to undertake for the Government in my role as their independent adviser on political violence and disruption. I am consulting widely on that review, analysing a call for evidence at present, and undertaking measures to understand the public’s wider views on the issues of political violence and the balance with freedom of speech. I am also listening carefully to your Lordships’ views as expressed today, and, no doubt, through Committee. I do not intend to pre-empt the review, which will be handed in shortly and, I hope, published soon after that, but I will make just one general point on this issue.

My observation is on the relative absence from this discussion of the primacy of Britain’s democratic process, of which, of course, the other place in particular—this House is a revising Chamber—is a central part. It is also about the potential for physical acts of disruption, which could be described as physical force in one form or another, to run counter to the expression of public will through the ballot box, or for making your views known in non-physical ways.

I listened carefully to what the noble Lord, Lord Oates, who is not now in his place, evocatively described when he was talking about climate change. Indeed, I spoke to representatives of Extinction Rebellion as part of the review. The fragility of the democratic process to be able to enact what growing numbers believe is needed—indeed, there is now scientific consensus—should surely be deeply troubling to all of us. One point that I put to the members of Extinction Rebellion on the Zoom call was that the problem might not be the lack of sufficient channels, or the fact that the channels had been corrupted by terrible capitalism or vested interests. I said that the problem might be that the public might not be willing to enact the measures that the XR members—and indeed, increasingly myself, and many of us in this House—believe are necessary. That is a huge tension within our democracy, but it is not necessarily solved by ever more disruptive protests.

Part of my review is taking the public’s views, and noble Lords may not be surprised—certainly, those who have been in the other place and listened to our constituents talking about such measures will not be surprised—by the kind of views that the public have on such matters.

I shall devote the rest of my time to something that has been raised effectively by a number of noble Lords: the need for stronger measures to tackle the scourge of domestic abuse that is wrecking—and indeed taking—so many lives in this country. As others have said, Nicole Jacobs, the Domestic Abuse Commissioner for England and Wales, is surely right to say that the vital progress the Government are securing in the Domestic Abuse Act, and the strategy on violence against women, will be undermined if the proposed serious violence prevention duty in Part 2 of the Bill does not explicitly include domestic homicide, domestic abuse and sexual violence.

The Government appear to wish to give local police forces the flexibility to include these matters explicitly in their own strategies. However, it is unclear to me, as it is to the noble Baroness, Lady Greengross, what case any force could make for not making the prevention of serious violence a central part of its duty, given the grim annual toll of women’s lives taken by their partners, and the other violence committed by those partners. If we cannot make that case, surely the amendment that the noble Baroness, Lady Bertin, and others will be tabling should be seriously considered by the Government.

Domestic Abuse and Hidden Harms during Lockdown

Lord Walney Excerpts

Tuesday 19th January 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I do not know whether the noble Baroness knows but we did extensive pre-legislative scrutiny on this topic. I have never been involved with so much engagement with various stakeholders across the sectors. The engagement has certainly been broad and of course we want to get the money out to the organisations that need it, to support the people who need it.

[Lord Walney (Non-Afl)]

The Government’s proactive approach on this and, indeed, the Minister’s personal commitment are vital. However, given that we are more than three-quarters of the way through the financial year and, according to the figures that she confirmed, only just over a third of the funding available this year has been spent, does she accept that there seems to be some kind of bottleneck and problem in getting the money out? Is she tasking her officials to look to getting it out before the end of the financial year?

[Baroness Williams of Trafford (Con)]

The noble Lord makes a good point. If there is money there to be spent for people who need our support, we should try to ensure that it gets out. I shall certainly discuss the matter with my honourable friend the Minister for Safeguarding, Vicky Atkins, and see what we can do to expedite some of the money for the remainder of this year.

Extradition Arrangements: European Union Member States

Lord Walney Excerpts

Wednesday 13th January 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

We are on day 14 of the new arrangements so it is probably a bit difficult to give reliable data at this point. The agreement allows UK law enforcement to continue to share DNA and fingerprints so I am slightly confused by the premise of the noble and learned Lord’s question.

[Lord Walney (Non-Afl)]

Will the Minister set out what the extra safeguards are to which she referred and how she envisages they will work in practice?

[Baroness Williams of Trafford (Con)]

The additional safeguards, beyond those in the European arrest warrant framework decision, make clear that a person cannot be surrendered if their fundamental rights are at risk—which might include things such as political views, sexual orientation, race and religion—if extradition would be disproportionate or if they are likely to face long periods of pre-trial detention.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Lord Walney Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 11th November 2020 Lords Chamber

[Lord Walney (Non-Afl) (Maiden Speech)]

My Lords, it is an incredible honour to address your Lordships’ House for the first time. I have been touched by the kindness and support of the many dedicated staff in this place: Black Rod, the amazing doorkeepers and Garter, not least for his agreement to my title. I am deeply indebted to my two supporters, the noble Lords, Lord Robertson of Port Ellen and Lord Hennessy of Nympsfield, one a former NATO Secretary-General and esteemed former Labour Defence Secretary in the other place, the other the fabled analyst and chronicler of the inner workings of the British state. They were always so generous with their wisdom on the UK’s nuclear deterrent when I was the MP for Barrow-in-Furness. Today, I am honoured and still a little starstruck to count them as my friends.

I also want to mention two friends from opposite sides of the House with overlapping territorial designations to mine. The noble Lord, Lord Hutton of Furness, was my predecessor as MP for Barrow and my former boss in Whitehall. The noble Lord, Lord Cavendish of Furness, has shown me such kindness since I became a Member of Parliament. They are both beacons to me and many others in different ways. The noble Lord, Lord Cavendish, will be greatly missed by this House as he announces his retirement.

To my neighbours on Walney Island, which I am proud to take as my territorial designation, I just say this: you kindly took in this off-comer; you elected me three times, and now I will give you a lifetime of service, raising the particular concerns of the island and the wider area. I will remain a firm advocate of the submarines constructed with your expertise, and I hope to make a contribution in due course on the issue of coastal erosion, which could literally split our wonderful island in two in future decades if left unchecked. That would be unconscionable to the near-11,000 residents of the island and would decimate its unique, cherished natural resources.

I have been determined to use my maiden speech to highlight the need for the UK to do more in defending the rules-based order that underpins the freedoms and values embodied in this Chamber and the other place. Much has already been said on that subject this week, but the threat is far deeper than a particular part of a particular Bill. Our international adversaries are intent, with a whole spectrum of means, on unravelling the system of international order that protects our liberty and our interests abroad. As we remember today the struggle and sacrifice of previous generations so that we can live free, let us recognise that this battle will be our generation’s struggle.

I therefore wondered whether it was right to make my maiden speech in this debate on a Bill whose purposes, as we have heard, are to sanction certain individuals to commit what would otherwise be criminal acts. However, the fact that this process of scrutiny is happening at all, and that a legal framework is being constructed, should be seen as demonstrating the strength of Britain’s commitment to the rule of law as a means of upholding our security.

I was pleased to be asked by the Prime Minister, on standing down from the House of Commons, to advise the Government on aspects of counterterrorism. I listened carefully today to the excellent maiden speech by the Minister, whom I congratulate, and to many others. I have seen the strong backing that this Bill has received from the security services and from the Intelligence and Security Minister. I am happy, therefore, to vote to support it tonight in the knowledge that the many pressing issues that have been raised will see further scrutiny in Committee.

I end by briefly addressing the political journey that has brought me to this place, in this House on these non-affiliated Benches. I am proud of the small contribution that I made to stopping what would otherwise have been inflicted on the British people had the general election last year gone the other way. That has strained some lifelong friendships; indeed, it has led to one or two frosty encounters in the corridors of this place. I am happy now, however, to be given the opportunity to put party politics behind me and start a new chapter. Much of the past few years has been difficult, but it has underlined a central tenet of my faith: no one party and no one group within a party holds a monopoly of wisdom. We are all flawed human beings mostly trying to do our best in a complex and conflicted world. I will always endeavour to do my best in this place and it is deeply humbling to be given that chance.