Asylum Seekers: Mental Health
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Lord Roberts of Llandudno
To ask Her Majesty’s Government what is their assessment of the mental health of asylum seekers who have had to wait 12 months or longer before being allowed to apply for work.
The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)
My Lords, asylum seekers may apply for permission to work if their claim has been outstanding for 12 months. The Government have had no cause to assess the impact of this policy on the mental health of asylum seekers. However, we are always open to discussing any welfare concerns with voluntary sector and refugee groups.
Lord Roberts of Llandudno (LD)
I am grateful to the Minister for his Answer. However, does he not agree that we are all very much aware of the stress and tension that are caused when someone cannot find a job, which sometimes lead to suicide? Will he consider that asylum seekers, who are not allowed even to apply for a job for 12 months, face stress even worse than that faced by others? We know that there have been cases of suicide because of the prohibition against allowing them to work for that first 12 months. Would it not be a humanitarian gesture for us to reduce that 12 months to six months, so that asylum seekers have less time to wait until they can apply for work?
Lord Bates
It is a very difficult situation. Of course, we have every sympathy with the people who come here. However, the reality is that, if they are allowed to work while they are not here legally, we are saying that they are able to compete in the labour market with people who are here legally. That would be unfair. It is not the case that they cannot work; they are able to volunteer in the community and they are getting support, with all their accommodation covered and access to education and health care, including mental health care if they need it.
Baroness Lister of Burtersett (Lab)
My Lords, the denial of the right to paid work, as well as the inadequate asylum support system, can lead to severe poverty or even destitution. Last week, the Joint Committee on Human Rights heard evidence that women, many of whom have fled violence, are thereby made vulnerable to further violence and sexual exploitation. What steps are the Government taking to prevent this as part of their strategy to end violence against women and girls?
Lord Bates
I accept the point that the noble Baroness is making about the importance of providing that protection. Of course, asylum seekers have accommodation with all utility bills and council tax paid, access to legal aid, safety and protection and a liaison officer allocated to them. However, in providing the care, we need to reach a decision on their asylum claims as quickly as possible so that they can get on and rebuild their lives.
Lord Dubs (Lab)
My Lords, of course one wants quick decisions because it is not fair to keep people hanging on month after month after month. However, does the Minister accept that it is humiliating and frustrating to want to work and not to be allowed to? Would it save the country money if these people were allowed to work and contribute more to our society?
Lord Bates
The six-month period applies broadly across Europe. We have arrived at the figure of 12 months but the key is to speed up the decision-making process. However, during that time we encourage people to undertake volunteering, learn the English language and take IT courses. They can get support with those types of initiative.
Baroness Hamwee (LD)
My Lords, I have heard concerns expressed by the BMA and others about the desperate need to train doctors and other workers who deal with people in immigration detention, including, particularly, to train them in awareness of post-traumatic stress disorder and other conditions from which asylum seekers and some other immigrants are likely to suffer. Is there better training provision outside detention?
Lord Bates
The numbers going into detention on what is called a fast-track process are relatively small—about 15% of the total. We contract with Migrant Help, which does excellent work in providing advice to asylum seekers during their application process—for example, helping them register with a GP or getting their children enrolled in school. Progress is being made but I accept that we are talking about very vulnerable people.
Baroness Hussein-Ece (LD)
My Lords, will my noble friend clarify what he said in reply to my noble friend Lord Roberts? I thought I heard him refer to people who are here illegally. However, the Question is about asylum seekers who are here perfectly legally, waiting for their case to be heard and a decision to be made, which, as he will know, sometimes takes years. In the mean time, they are not allowed to work. Will he clarify what he said earlier about illegality?
Lord Bates
Absolutely; I am happy to clarify that. I was talking about people who had a legal right to seek employment in this country. They should be protected and be able to apply for jobs in the first instance.
Baroness Finlay of Llandaff (CB)
The Government have to date not allowed retired NHS doctors who volunteer to work with asylum seekers to set against tax the cost of their General Medical Council and defence union payments. Will the Government undertake to look at this again? These doctors are acting as volunteers to meet the health needs of this group but are incurring huge expense in so doing.
Lord Bates
I am very happy to look at this but doctors are in one of the shortage occupations and would be eligible to apply for work after the 12-month period.
Baroness Smith of Basildon (Lab)
My Lords, it is very hard for any of us to imagine the tragedy and fear that drive somebody to leave their home and travel many miles—thousands of miles in many cases—to seek sanctuary and asylum. They have often suffered considerably. The Minister said that he is concerned about mental health issues. May I ask him two questions? What measures do the Government take to assess someone’s mental health while they are seeking asylum? He also said that it is important to speed up the asylum application process. What evidence does he have that the Government have speeded up that process?
Lord Bates
The process is genuinely speeding up. We have given a commitment that everybody who applied before 2012 will have their case decided by the end of this calendar year. Seventy per cent of applications are decided within six months, and 35% of those people are given the right to stay, so there is speed in the system. We have recruited extra people to help. As for mental health needs, that is clearly a clinical decision. When someone is registered with a GP and in contact with the NHS, their condition can be assessed.
Lord Morris of Aberavon (Lab)
My Lords, will the Minister answer the noble Baroness who raised a question a few minutes ago?
Lord Bates
Judging by the general murmurings, I think that I may have misheard the noble Baroness. I thought the question was about whether asylum seekers would be able to work if they were doctors, but I gather that it must have been about something else—in which case I apologise, and I will be happy to write and clarify the matter.
Regulation of Investigatory Powers (Covert Surveillance and Property Interference: Code of Practice) Order 2014
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Lord Bates
That the Grand Committee do consider the Regulation of Investigatory Powers (Covert Surveillance and Property Interference: Code of Practice) Order 2014.
Relevant documents: 8th Report from the Joint Committee on Statutory Instruments
The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)
My Lords, these orders bring into force revised codes of practice under Part 2 of the Regulation of Investigatory Powers Act 2000. The codes of practice have been revised to reflect changes that the Government have made to the Part 2 provisions on covert surveillance and the use of covert human intelligence sources since the codes were last revised in 2010. The codes also give guidance on property interference, an action which necessitates authorisation under separate legislation, but which will often form part of a wider covert operation.
I believe it is accepted that, faced with the sophistication of the methods employed by modern-day criminals, our law enforcement agencies sometimes need to operate covertly in order to prevent or detect serious crime, but those powers must be deployed extremely carefully and properly balanced against individual rights, including the right to privacy.
The Regulation of Investigatory Powers Act 2000, or RIPA as we know it, provides a statutory framework for public authority use of a number of covert techniques likely to acquire private information, including the techniques covered by the codes of practice concerned here, and ensures that their use is compatible with an individual’s right to privacy.
The Act provided a number of safeguards to prevent misuse of the powers, including clear authorisation procedures and independent scrutiny of the use of the powers by the Office of Surveillance Commissioners and the Intelligence Services Commissioner. RIPA and its associated codes of practice have greatly improved control and oversight of how public authorities use covert investigatory techniques. However, the Government keep a close eye on the regime to ensure that it is working as intended and, when improvements have been identified, we have acted to put these into place. I will briefly outline the main changes which have been incorporated into these revised codes.
First, in response to concerns about use of covert surveillance by local authorities to investigate relatively minor matters in England and Wales, local authorities’ use of these powers has been restricted so that they can now use directed surveillance only to investigate criminal offences which either attract sentences of at least six months’ imprisonment or relate to the underage sale of alcohol or tobacco. In addition, in all cases, decisions by local authorities to grant or renew the authorisation of covert techniques will only take effect once an order approving the authorisation has been granted by a justice of the peace. These changes were made in Part 2 of the Protection of Freedoms Act 2012.
To improve confidence in the decision-making and authorisation of undercover deployments, RIPA has been amended to allow an independent body, the Office of Surveillance Commissioners, to provide enhanced oversight of all undercover law enforcement deployments. Law enforcement agencies are now required to notify the surveillance commissioners of an undercover deployment at its outset and must seek prior approval from the commissioners for all deployments that last longer than 12 months. We have also increased the rank at which undercover deployments are authorised.
The revised codes were the subject of a public consultation exercise in February and March this year. We received responses from 126 organisations and individuals, details of which we will publish on the Home Office website, following an undertaking given by us during the debate on these orders in another place, once we have obtained permission from the respondents. The consultation provided additional recommendations for changes to the codes.
One of the main concerns related to undercover officers forming inappropriate relationships in the course of their duties. To address this, the College of Policing has issued a code of ethics which states clearly that officers must not engage in sexual conduct while on duty, and shall not establish or pursue an improper sexual or emotional relationship with a person with whom they come into contact in the course of their work. The revised Covert Human Intelligence Sources code of practice in turn specifies that all police officers deployed as undercover officers in England and Wales must, of course, comply with and uphold the principles and standards of professional behaviour set out in the code of ethics.
I turn to other changes. The Covert Human Intelligence Sources code also includes a clarification that law enforcement agencies must seek an authorisation when developing a cover persona, an activity known as “legend building”, if the activity will interfere with an individual’s Article 8 rights. This change was made to ensure consistency and that proper consideration is given to privacy and proportionality in all undercover deployments, irrespective of the nature of the deployment. The HMIC report into undercover policing published on 14 October highlighted this as a concern and I am pleased that we have already taken steps to address it. In addition, in response to feedback, a number of more technical amendments have been made to the codes to provide greater clarity for those authorising and using covert techniques.
The changes that I have described today clarify the way in which the law enforcement agencies can use these intrusive powers, and consolidate the changes we have made to ensure that the right level of oversight and authorisation is in place. They ensure that the powers can be used only when it is necessary and proportionate, when it will help to keep us safe from harm. I commend the orders to the House.
Baroness Smith of Basildon (Lab)
My Lords, I thank the Minister for his explanation. He will be aware that there have been a number of debates on this issue over the past few years in your Lordships’ House. It is helpful to have the two codes of practice before us; it was also helpful that he set it all in context. However, as he will know, following the debate on what became fast-tracked legislation in the Data Retention and Investigatory Powers Act, or DRIP, it was agreed through our amendment in the other place, which the Government accepted, that there will be a full review of RIPA. As I think the Minister said, it has not kept pace with technology and there have been changes. Clearly, there needs to be a full review to ensure that it keeps pace with not just the technology but some of the problems that have arisen, which he also alluded to.
The Minister will also be aware, although he did not mention it in his comments, of the issue raised in debate on the Serious Crime Bill, when the noble Lord, Lord Strasburger, tabled an amendment about concerns regarding journalists and their sources being intercepted and accessed. We have had previous debates about his point about undercover police officers on covert operations having inappropriate relationships with people, particularly between male police officers and women. Regarding surveillance techniques, I think particularly of my noble friend Lady Lawrence, whose family was subject to surveillance that under no circumstances could ever be described as necessary or proportionate. There is clearly a need for guidelines to address that and, if guidelines are not adhered to or something goes wrong, a process by which those issues can be taken up. We certainly welcome seeing the new codes of practice, but I also hope that the Minister will confirm that all these issues will still be discussed and further considered when we have that full review of RIPA by David Anderson, the commissioner.
We have made it clear that there has to be a full public debate on this and I hope that the noble Lord will agree. We do the public a disservice if we stand back and say, “We need these powers”—and the Government do need such powers—“but trust us, everything will be okay”. We would bring the public into our confidence a lot more on these issues if we explained why we need such powers and how they will be used. The public would understand that but we have to do a lot more than just ask for their trust. There is recognition, and I am sure that the public recognise this as well, that covert surveillance or operations have to be undertaken. To suggest that in each and every case they are wrong would be completely to misunderstand their purpose, as I think the noble Lord made clear. Those operations are dealing with some of the most dangerous crime and serious criminals and are an essential part of policing. We are talking about drugs, trafficking, smuggling, sexual abuse and pornography. Often, as I am sure we will come to debate on the Government’s opt-out and opt-in proposals, that information is shared between countries and is an important part of putting together the jigsaw of the details of some of these international crimes, where there is cross-border communication that we can get only if we co-operate with other countries.
I was surprised that in the order there was nothing, unless I have missed it within the two codes of practice, distinguishing between long-term and short-term operations. I would make that a clear definition and perhaps do so on authorisations as well. Regarding some of the things that we expect police officers to do, my local paper ran a story about one officer who had infiltrated a drugs gang. As he got more and more information—he got excellent information that went to court—it was obviously putting him at risk. He ended up having to jump out of the window and run pretty quickly down the street to ensure that he was not caught while still acting under cover.
The two issues that we have raised before, which are largely recognised in these provisions, are the inappropriate use of powers, in regard to which I mentioned my noble friend Lady Lawrence, and inappropriate relations. If the Minister has not read it, I suggest that he reads a book that was written about in the Guardian magazine on 22 June last year. I kept a copy of its excellent article about the problems caused by that kind of covert surveillance when it got out of hand and the powers were abused.
We have two new draft codes of practice. What they and any review needs to address is, first, the safeguards to protect the public while addressing the balance and conflicts and, secondly, establishing and maintaining public confidence in the integrity of the process and system. That is difficult, because you are balancing liberty against security, and privacy against public safety. Those issues clash, which is why the guide is so important. I hope that the Minister will give me an assurance that the draft codes of practice will still be part of RIPA.
The Minister mentioned the consultation. I was a little surprised that he and Mike Penning in the other place gave different numbers; they were only one out, but the noble Lord said that there were 127 consultations, while the Minister in the other place said that there were 126. I went to the website to see what those consultations had said, because I thought it would be helpful to inform this debate if we could see the consultations—the Explanatory Notes say that most of the points were taken on board. However, I went to the website on Friday to be told:
“We are analysing your feedback. Visit this page again soon to download the outcome to this public feedback”.
However, the Minister said today that as a result of the question David Winnick asked of the Minister in the other place, Mike Penning, about whether it would be made public, he was told, “No problem; it can be”. Did the Government never intend to publish the consultation? They now have to go back to everybody who contributed to the consultation, which implies that there was no intention to publish it in the first place. From a personal point of view, I always find the publication of consultation responses extremely helpful in these kinds of debates. I am very disappointed that they have not been published. To suggest that the Government now have to spend money to go back to everybody to ask them if they mind their information being published does not seem to be the best use of resources or time.
I will ask the Minister a couple of questions on the code of practice, because I was not 100% clear about a couple of things. In the Covert Human Intelligence Sources Draft Code of Practice, a piece on page 9 refers to public officials who provide information to the authorities, and there is new guidance on that. Is all that guidance new, or has it been adapted from something that already existed? If a person is providing information—and not always information about an offence; often it is what you might call personal information; and whether or not they become a covert human intelligence source or just a source in the normal course of things—does it make it more likely that they will be reluctant to provide information because they know that they are registered somewhere, someplace, as a covert human intelligence source? I do not know whether you call that a CHIS. Does that make it more difficult for the authorities to obtain information in that way?
On page 19, paragraph 4.20, confidential constituent information is referred to as being confidential information,
“in relation to communications between a Member of Parliament and a constituent in respect of constituency matters”,
because that is held in confidence. Does that also apply to Members of the House of Lords? Although we do not have constituents as such, members of the public contact us about issues. Indeed, the Houses of Parliament website suggests that if you are not happy with the response from your MP, you can contact a Member of the House of Lords. Would we be bound by the same confidentiality as Members of the House of Commons and by the same provisions? That is not clear in that passage, as it specifically refers to Members of Parliament with constituencies.
I would also like a clarification about the authorisation criteria on page 22. The final one in the list says,
“for any other purpose prescribed in an order made by the Secretary of State”,
with the proviso that it has to enshrine the right to family life. Does that mean any order on any issue? It seems to be a very broad power; it would be helpful if the Minister could say something about that.
Finally, on the Covert Surveillance and Property Interference Draft Code of Practice, I have a query about how the role of the surveillance commissioners works. I do not know how many authorisations there are annually, but it would be very difficult for them to look at every case. Would they have to inspect a sample to see if they were happy that the code of conduct had been adhered to and that it was lawful, proportionate and necessary, or do they have to wait for a complaint? Under what circumstances would a commissioner look at the issue?
That brings us back to the guidance about proportionality. Again, the commissioner has been clear about the changes for local authorities, because there were cases when it was not proportionate; the changes to which he has referred are very helpful and we support them totally, but last week the noble Lord, Lord Strasburger, made the point about journalists. How is that affected by the code of conduct before us today?
Finally, I could not find anything about training, although I may have missed it because there are quite a lot of documents to go through and I did not know whether it was raised in the consultation. I refer to the training available to those who provide the authorisations and to those who seek authorisations, under either code. Will they receive any training on the new codes of conduct and the guidance that has been issued so that they know exactly what their responsibilities and obligations are?
I welcome the orders. Significant efforts have been made to address concerns that have been raised that any covert surveillance covered by either of the draft codes of practice is lawful, proportionate and necessary. The deal with the public is that any legislation that will be passed on surveillance is used only for the purpose intended—to make people safer against serious crime, including crime against the community, crimes which makes the community less safe. Terrorism is often mentioned in that context, and that is part of it—but that co-operation to deal with serious crime, whatever the purpose, is the aim. This provision goes some way to addressing that, but I look forward to a full review of all the issues that we have discussed. I hope that we can get to the point of having a proper public debate to ensure the integrity of the process that we need.
Lord Bates
I thank the noble Baroness for her questions, which, as usual, have gone into the detail in some depth. We are grateful for them because it gives us an opportunity to put more information on the record. I am pleased to see the noble Baroness, Lady Lane-Fox, in her place. I would guess that she was caught out by the pace at which the earlier business moved through, like the rest of us, but I hope that we may be able to take her points into consideration as part of an ongoing dialogue.
I shall try to go through the issues in the order in which the noble Baroness raised them. There is no requirement or convention to say that, when there is a public consultation, we should eventually publish all responses to it—for a variety of reasons, not least because sometimes people have given information that they do not wish to be made public. However, as soon as the intervention was made to which she referred, we said immediately that it should be published. We are in the process of going back to the 125 or 126 people—
Lord Bates
We are going back to the 127 people who are in the course of responding, just to clarify the position. That will give further comfort to people that the process has been open.
I am pleased, too, that the noble Baroness welcomed the significant changes that have been made to the code. These highlight genuine concerns that people have had about these issues and raised in other legislative fora, and the need for us to take action.
The noble Baroness asked how often the powers are used. It may be helpful for the Committee to know that under Part 2 of RIPA and Section 8 of the Regulation of Investigatory Powers (Scotland) Act, in 2013-14 the number of authorisations by law enforcement for intrusive surveillance was 392; for directed surveillance it was 9,664, while for CHIS it was 4,377. Directed surveillance authorisations by other public bodies stood at 4,412 and for CHIS at 53. That is quite a large number, but those who are undertaking covert surveillance account for less than 1% of total police numbers. They are trained to be deployed but they are not necessarily all on active duty at any point in time.
Regulation of Investigatory Powers (Covert Human Intelligence Sources: Code of Practice) Order 2014
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Lord Bates
That the Grand Committee do consider the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Code of Practice) Order 2014.
Relevant documents: 8th Report from the Joint Committee on Statutory Instruments
Mediterranean: Refugees and Migrants
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Lord Roberts of Llandudno
To ask Her Majesty’s Government what plans they have to restore migrant search and rescue facilities in the Mediterranean.
The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)
My Lords, the UK has had no involvement in Mare Nostrum, the Italian search and rescue operation in the Mediterranean. Given that search and rescue is a competence of individual member states, the Government have no plans to call for the restoration or replacement of Mare Nostrum. Instead, we will continue to work with the EU and with countries of origin and transit to address the causes of illegal migration and combat people smugglers and traffickers.
Lord Roberts of Llandudno (LD)
Does the Minister agree with Amnesty International, which says that stopping search and rescue in the Mediterranean is causing the loss of thousands of lives? How many men, women and children need to drown before the Government change their policy?
Lord Bates
I reiterate that we are talking about the Italian Government. It is their decision, which they have taken. We all share a concern about the situation and the safety of people in the Mediterranean. We need to take a long, hard look at the organised crime gangs who are trafficking people, pushing them out to sea with very little protection, in unseaworthy vessels, and giving them the telephone number of the Italian coastguard. That is the regrettable and appalling thing about this whole situation.
Lord Hylton (CB)
Do the Government appreciate that it is likely to take months, and even years, to stop the traffickers, to prevent violence both by states and by Islamists, and to provide work for migrants in their countries of origin? Does this not make it essential to have search and rescue now?
Lord Bates
There is a two-pronged approach to this. First, there is Operation Triton, which the Italians started on 1 November; it is different but will tackle a lot of that. Secondly, there is the work that we are doing with our EU partners under the Rabat process and the Khartoum process, trying to tackle and head off the migration in the first place.
Lord Anderson of Swansea (Lab)
My Lords, it is surely immoral not to rescue those in peril of drowning if we have the capability to do so. Yet at the same time we need a coherent and ordered immigration policy, and cannot offer an open door to anyone who reaches our shores. Has an effort been made to tackle this matter at source by reaching deals with the riparian countries on the south of the Mediterranean, to pay them to destroy the ships and prosecute the traffickers? At least then we can try to deal with this matter at source.
Lord Bates
I agree with the noble Lord that it would indeed be immoral and, of course, not to help someone in distress would be in contravention of our obligations under the UN convention on safety of life at sea. The Khartoum and Rabat processes, to which I referred, and the EU mobility partnerships that we have with Tunisia and Morocco, are trying to tackle exactly the issue that he raises.
Lord Avebury (LD)
My Lords, does my noble friend note the comment made by the UN special rapporteur on migrant rights that it is appalling to bank on a rise in the number in people who drown acting as a deterrent? Does he think that the EU views a steep rise in the number of people killed with complacency, if not with satisfaction, because more people are drowning and acting as a deterrent?
Lord Bates
It is certainly not the case to say that the Government have been passive on this. My right honourable friend the Home Secretary had meetings with her Italian counterparts last month, and will meet them again this month. We have extended our offers of support and of course we have looked at the countries from which most of these migrants are coming, namely Syria and Ethiopia. We are putting large sums of money—£700 million in the first instance, £360 million in the second—to try and help people to give themselves a proper life at home.
Lord West of Spithead (Lab)
My Lords, there is a long-standing commitment that mariners have always had to look after mariners in peril at sea, as the Minister says. It is very difficult to see how those in the vicinity can do anything other than help them, whether the ship happened to be British, Italian or whatever. For those who are actually based down there, surely—by UN law—they actually have to give assistance.
Lord Bates
Absolutely, and there is no change. The obligations are there for any military ships or vessels in the vicinity. They know what they have to do in terms of contacting the maritime rescue co-ordination centre and they will be directed to take those people to a safe port or to have those people passed into safe hands.
Lord Elystan-Morgan (CB)
Can the Minister recollect that last Thursday he gave me a very forthright answer to a question as to what the attitude of the commander of a British naval vessel would be if he was aware that there was a refugee ship in peril within range of his ship? I was told indeed that he would most certainly lend all assistance in accordance with the law of the sea and the highest traditions of the Royal Navy. In the light of that most honest answer, what is the point of giving any impression on the part of the Government that we are gibbing in relation to search and rescue?
Lord Bates
The noble Lord is absolutely right that we need to be clear. There is a grave information message we need to get out here that of course there is no change in our humanitarian obligation. The only thing which is changing is that we are putting more money and resource behind it, but those obligations from a humanitarian point of view remain, in the proud tradition of this country and of seafarers.
Baroness Hussein-Ece (LD)
My Lords, my noble friend the Minister mentioned the increase in refugees from, for example, countries such as Syria. In statements that I have seen, Ministers have said that we encourage those people to stay in their own country. The surrounding countries have taken millions and millions of refugees. Turkey took 250,000 Syrian refugees in one week, more than the EU has done in four years. Is it not time that we stepped up to the plate and set an example, and not let people drown in this way?
Lord Bates
That is so, and we have introduced the Syrian vulnerable persons relocation scheme, which is taking some of those—not enough—but of course the EU can do more. We are donating additional funds into that area but there needs to be more done to tackle the instability which is the cause of migration in the first place.
Serious Crime Bill [HL]
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Lord Bates
The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)
My Lords, I thank the noble Lord, Lord Harris, for the way in which he introduced this amendment and, too, noble Lords for their contributions to this debate. In many ways, I thought that this characterised many of the debates we have had, in that—as I am sure my noble friend Lady Benjamin would accept—there is genuine willingness and desire to make sure that all possible loopholes are tightened, and that we take this opportunity to afford every possible protection to the most vulnerable in our society, by sharing information and evidence. I have read the NSPCC’s report and we have talked to the Crown Prosecution Service and to the national policing lead about cases being brought. We will seek to move things forward. If I can, I will comment for the record in response to the very helpful meeting that we had last night with the noble Lord, Lord Harris, and the noble Baroness, Lady Howe. As I am doing so, I will try to touch on some of the points that have been raised.
As the noble Lord, Lord Harris, knows, there is no difference between us in that we agree wholeheartedly that we need to ensure that we have a robust body of criminal law to tackle predatory sexual behaviour by adults against vulnerable children. As I said on Report, this House rightly remains united in its condemnation of the sexual abuse of children. What is more, it is determined to do something about it. I also paid tribute on Report to the National Society for the Prevention of Cruelty to Children, which has proposed this new offence and brought its concerns to this debate.
I shall not repeat the description that I gave last time of all the offences that might be relevant in dealing with this type of behaviour. The House would not thank me for that, because the point is understood. There is a clearer point that the noble Lord, Lord Harris, raised today. However, it may be helpful if I address more specifically a couple of concerns raised on Report by the noble Lord, Lord Harris, and the noble Baroness, Lady Howe.
The noble Lord was keen that anyone seeking to persuade a child to send a naked image of himself or herself should commit an offence. As the noble and learned Baroness, Lady Butler-Sloss, pointed out, this issue affects both male and female children. He was concerned that naked photographs of children might not be caught by the definition of “indecent”. I now have had the chance to look into that particular matter and am pleased to say that the noble Lord’s concerns may be misplaced. Section 10 of the Sexual Offences Act 2003 provides that it is an offence to cause or incite a child to engage in a sexual activity. The noble Lord quoted Section 78 of that Act and that telling word in law, about which, as a non-lawyer, I am trying to get up to speed, although it is a well known test: what could be considered in the eyes of a “reasonable” person, or what people could reasonably conceive of, as sexual intent. Clearly, by any stretch of the imagination, a request to send a photograph of a child would fall within that category of reasonableness. The noble Baroness, Lady Hamwee, also referred to that.
The definition of “sexual” is contained in Section 78 of the 2003 Act. That provides that an act is sexual if,
“it is because of its nature sexual, or … because of its nature it may be sexual and because of its circumstances”,
in which it takes place,
“or the purpose of any person in relation to it … it is sexual”.
In other words, the context is crucially important. Therefore, it is entirely open to the court to conclude that, if a middle-aged man is sitting in front of a computer urging a child to send him a naked photograph—which was an example that the noble Baroness, Lady Smith, gave—or to pose naked before a webcam, his purpose makes the sending of that image by the child sexual, even if the child is not pictured undertaking any overtly sexual activity. The offence can be committed whether or not the victim complies with the request. The courts have convicted on that very basis and imposed substantial sentences of imprisonment; we discussed one case, which was actually a sentencing appeal, where the individual had been sentenced to three years in prison for precisely that offence under the order. In the process, the offender may also commit offences relating to the taking or making of indecent photographs of children.
I repeat my undertaking that the Government are going to take this very seriously. Despite all the legislation that we already have in place, none the less a gap needs to be filled. In particular, we need to explore further how best to deal with contact between a predatory individual and his victim where the messages are sexual in nature but where the victim is not being asked to respond in any particular way. Again, I want to get that wording precisely on the record because I think that is something that we all recognise.
I was particularly interested in the contribution of the noble Baroness, Lady Howarth, who of course through the Lucy Faithfull Foundation does tremendous work in this area. She pointed to the way in which paedophiles prey upon their victims and pass certain stages, and therefore how important it is to be able to tackle things as early as possible. Earlier in the Bill we discussed clauses relating to protection orders and the possession of a grooming manual being an offence. It shows that the direction of travel is recognising that we need to move further upstream in intervening at an earlier stage.
As part of that consideration, the noble Lord, Lord Harris, was kind enough to come to see me yesterday afternoon, together with the noble Baroness, Lady Howe. I was accompanied by my noble friend Lady Williams. I think they will agree that we had a useful discussion, and they have given us much food for thought as the Bill goes to another place. I agreed at that meeting, and I am happy to repeat it here on the Floor of the House, that officials would arrange a further early meeting with the NSPCC to discuss this issue further. The noble Lord is welcome to attend that meeting. We will also explore with the national policing lead and the CPS what additional guidance could be given to the police and prosecutors on the options open to them in tackling such predatory behaviours. My noble friend Lady Benjamin mentioned some scepticism, perhaps, about where the CPS was on this, but it will attend that meeting and I am very happy for her to attend as well. I accept the point that was made; an example was given where the police did not intervene as they could and perhaps should have done in the first instance, which then led to a more serious offence, which is precisely the type of circumstance that we are trying to prevent, and we are united in that. We are very aware of the need to look at this.
We are grateful to the NSPCC for the work it has done in bringing this to our attention. We will have that further meeting and of course there will be that other opportunity, as the Bill progresses through another place, for legislation to be introduced if needed. Of course, this is something that we will be coming back to time and again, particularly as the inquiry gets under way. Without in any way prejudging what it might recommend, it is clear that there is going to be some tightening of the law, probably, in the light of new technology and new evidence that comes to mind.
I say again that I am very grateful to the noble Lord, Lord Harris, for introducing the amendment. As this is possibly the last time I will speak on the Bill, I also pay tribute to all noble Lords who have contributed to its passage, particularly the noble Baroness, Lady Smith, the noble Lord, Lord Rosser, and, of course, the noble Baronesses, Lady Hamwee and Lady Walmsley, who contributed to a reshaping of the Bill.
The large number of government amendments which have been brought forward shows that we recognise the seriousness of this and we are united about it. We want to tackle the issues raised. We are listening and we are responding, and we will continue to do so in this very important area. With that, I wonder if the noble Lord might feel able to withdraw his amendment.
Lord Harris of Haringey
My Lords, I am grateful to all noble Lords who have contributed to this debate. I should express my gratitude to the noble Baroness, Lady Howe of Idlicote, who signed the amendment. She would have spoken to the amendment but she was, as we spoke, moving an amendment to the Consumer Rights Bill. We agreed that I would do this and she would do that, as we both have an interest in the same Bills. I am also grateful to the noble and learned Baroness, Lady Butler-Sloss, to the noble Baronesses, Lady Howarth of Breckland and Lady Benjamin, and even to the noble Baroness, Lady Hamwee, who—despite her desire always to go through the minutiae of an amendment—indicated quite clearly that she supported the principles behind this. I am of course also grateful to my noble friend Lady Smith of Basildon for her support.
I pay particular tribute to the Minister, to whom I am very grateful for the way in which he has approached this. He has shown courtesy, and willingness to listen and to have a dialogue. That bodes well not only for the Bill before us today, but also for other Bills which may come before us with—no doubt—great frequency, given that we are talking about the Home Office. The essence of his argument is that, given what we have at the moment, it is open to the courts to say that the sorts of things we have been talking about are in fact sexual. However, I still hope that some form of words can be found, because I am concerned that if we leave things as they are it will create some lack of clarity as to what is or is not permissible.
Under those circumstances, that may mean that the Crown Prosecution Service—or, perhaps, the police, before they even take it to the Crown Prosecution Service—may set themselves a higher threshold for deciding whether or not they should take action. The noble Baroness, Lady Benjamin, gave us the example of the police having clearly made a judgment that something had not passed the threshold, yet it was on an escalator which could lead to all sorts of other things. In my view, the wording which has been identified as possibly covering these circumstances is convoluted, and it is quite difficult to follow. I would have thought it better for all concerned if the law was clear—which is always a good principle—and made it always illegal to communicate with a child in a sexual fashion or in a sexual way, or to elicit such a sexual response.
However, I am grateful to the Minister for indicating that the Government will take this seriously, and for the commitment that before the Bill progresses through another place there will be further discussions with the NSPCC and the Crown Prosecution Service, involving Members of your Lordships’ House if we are available. I hope that there would also be some involvement of the police, because this may not be an issue only for the Crown Prosecution Service. It may be the issue that has been identified beforehand.
The objective should be clear. We need to be satisfied that the law is clear enough; that people are able to act on it; that they understand what it means; and that it shifts upstream the ability to intervene, so that it is possible to intervene before harm is caused to the child. On that basis and on the basis of the commitment made by the Minister, for which I am grateful, I beg leave to withdraw the amendment.
Lord Bates
Lord Bates
“( ) Before the day on which section 103 of the Courts Reform (Scotland) Act 2014 (abolition of appeal from a sheriff to the sheriff principal) comes into force—
(a) the reference to the Sheriff Appeal Court in subsection (3)(b) of section 61 is to be read as a reference to the sheriff principal;(b) the references to the court in subsections (5) to (7) of that section are to be read as including references to the sheriff principal.”
Lord Bates
Lord Bates
Child Abuse Inquiry
Lord Bates Excerpts(9 years, 6 months ago)
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The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)
My Lords, with the leave of the House, I should like to make a Statement made by my right honourable friend Theresa May, the Home Secretary, in another place, earlier today.
“Mr Speaker, I should like to make a Statement on the independent panel inquiry into child abuse, which has been established to consider whether institutions in England and Wales have taken seriously their duty of care to protect children from sexual abuse.
The House will remember that in July, I made a Statement in which I announced my intention to establish the panel inquiry. I did so because of the growing evidence of organised child sexual abuse, conducted over many years, and serious allegations about the failure of some of our most important institutions to protect children from this disgusting crime. I established a panel of inquiry because it is the best way of making sure that we have an inquiry which is conducted by a team of experts with empathy and sensitivity to the feelings of the survivors of child abuse. The fact that it is a panel consisting of several people means that within it is able to cover more expertise than one person could offer. And importantly, the public can have extra confidence in the integrity of its work, because no one individual can take important decisions or come to judgments alone.
The members of the panel—Sharon Evans, Ivor Frank, Dame Moira Gibb, Barbara Hearn, Professor Jenny Pearce, Dru Sharpling, Professor Terence Stephenson and Graham Wilmer—are in place, and they are supported by Ben Emmerson QC, who is counsel to the inquiry, and Professor Alexis Jay, who is the panel’s expert adviser. The panel therefore consists of members with a broad range of experience and skills. They have backgrounds in social care, academia, law enforcement, healthcare, the media and the voluntary sector, and some have experienced sexual abuse themselves as children. I believe that the panel can command the confidence of the public and, most importantly, of the survivors of child abuse.
The House will know, however, that on Friday, the panel’s chairman, Fiona Woolf, announced her intention to resign. She did so because, as she wrote in her letter to me,
‘it has become clear that the inquiry’,
if she continued to chair it,
‘would not have the widespread victim support it so desperately deserves and needs’.
Fiona Woolf’s resignation of course follows the resignation of the panel’s first chairman, the noble and learned Baroness, Lady Butler-Sloss. Both women had strong credentials to chair the inquiry. The noble and learned Baroness, Lady Butler-Sloss, was the first female Lord Justice of Appeal, she was the President of the Family Division of the High Court, and she chaired the Cleveland child abuse inquiry. Fiona Woolf is a leading lawyer and a former president of the Law Society. But for different—and to this end, understandable—reasons, both the noble and learned Baroness, Lady Butler-Sloss, and Fiona Woolf concluded that they did not command the confidence of survivors.
Almost four months after I announced my intention to establish a panel inquiry, it is obviously very disappointing that that we do not yet have a panel chairman in place, and for that I want to tell survivors that I am sorry. To put it bluntly, it will not be straightforward to find a chairman who has both the expertise to do this hugely important work and has had no contact at all with an institution or an individual about whom people have concerns. I still believe, however, that it is possible to find somebody who is suitably qualified and can win the confidence of survivors, so I want to turn now to what I plan to do to recruit a new chairman.
I will hold meetings with representatives of the survivors of child abuse, starting next week. I have already had a number of discussions with the Members of Parliament who have campaigned for an inquiry into child abuse—the honourable Members for Birmingham Yardley, Brighton Pavilion, East Worthing and Shoreham, Richmond Park, Rochdale, Wells, and West Bromwich East—and I will continue to have discussions with them. I will also discuss the appointment of the new panel chairman with the shadow Home Secretary and the right honourable Member for Leicester East. I have already agreed with him that the nominated panel chairman will attend a pre-confirmation hearing before the Home Affairs Select Committee.
In the mean time, the panel will go about its important work. So I can tell the House that the panel will hold its first meeting on Wednesday 12 November, and will meet every Wednesday thereafter until Christmas. The panel will organise other meetings that will discuss the different themes and issues covered by the inquiry, and attendance for these meetings—for both panel members and expert witnesses—will be set accordingly. In addition, the panel secretariat is planning two regional events that will be held before Christmas and another four that will be held early in the new year. These regional events will provide an early opportunity for survivors to give their views about how the panel should go about its work.
One matter that I know has been raised by some campaigners is whether the inquiry should become a statutory inquiry. The inquiry as it is constituted at present, like the inquiries into Hillsborough and the murder of Daniel Morgan, is on a non-statutory inquiry basis. I have already said that the panel will have access to all government papers, reviews and reports that it requests and, subject to the constraints imposed by any criminal investigations, it will be free to call witnesses from any organisation that it deems appropriate. But, as I said to the House in July, I want to make it clear that, if the panel chairman deems it necessary, the Government are prepared to convert it into a full statutory inquiry, in line with the Inquiries Act.
Another matter that has been raised is the terms of reference for the inquiry. Some say that the terms are too broad, while others say the terms are too narrow. I do not propose to narrow the terms of reference because to do so would risk missing out, in a fairly arbitrary manner, some important institutions. Likewise, I do not propose to extend the terms of reference to include Northern Ireland, Scotland or the Crown dependencies. I will, however, discuss with the new panel chairman how we can make sure that the Hart inquiry in Northern Ireland and the Oldham inquiry in Jersey feed into the panel to make sure that no information, and no institutions or individuals with a case to answer, can fall through the cracks.
I can also tell the House that the Government are considering ways of trying to make the experience of giving evidence less traumatic for survivors. The panel will therefore take evidence not just in public and private meetings but also remotely, with witnesses able to speak to panel members from their homes. The secretariat to the inquiry is also in discussions with officials in the Department of Health and other organisations to make sure that counselling and support are available to survivors before and after they provide evidence to the inquiry. To make sure there is an open channel of communication between survivors, the panel and the Government, I will establish a survivor liaison group, which will meet on a regular basis as long as the inquiry continues.
I know that some Members of the House have suggested that the Government should publish today the Wanless report about the Home Office Permanent Secretary’s investigation into the so-called Dickens dossier. I can tell the House that the Wanless report will be published next week. This is because it is about a separate but related matter to the work of the panel inquiry, and I want members of the public and the media to have time to scrutinise both this Statement and the Wanless review properly.
In the midst of debate about names, structures and legal powers, we must always keep in mind the survivors of child abuse themselves. Let us remember the events that prompted me to announce this historic inquiry into child abuse in the first place. There was systematic abuse of vulnerable young girls in Derby, Rochdale, Oxford, and other towns and cities across the country; examples of celebrities abusing minors and getting away with it, apparently because of their fame; and evidence that some of the most important institutions in the country, from the BBC to the NHS, failed in their duty of care towards children. Since I made my Statement in July, the evidence has only mounted. We have seen the Alexis Jay report into abuse in Rotherham and the report by the honourable Member for Stockport, which was commissioned by Tony Lloyd, the police and crime commissioner for Greater Manchester. Both reports exposed serious failings among the police, social services, schools and other institutions, and the obvious conclusion is that, if only we had learned from these appalling cases earlier, we could have ensured that there were fewer victims of abuse today. I believe the whole House will agree with me that we owe it to the victims in all these cases to work together, to let the panel inquiry do its job as quickly as possible, and to start to learn the lessons of the many cases where, undoubtedly, too many things went horribly wrong.
I want to end my Statement by issuing a direct message to the many survivors of child abuse and their representatives. I know that you have experienced terrible things. I know that we cannot imagine what that must be like. I know, perhaps because of the identity of your abusers or the way you were treated when you needed help, that many of you have lost trust in the authorities. I know that some of you have questioned the legitimacy of this process, and you are disappointed that the panel has no chairman. I understand that. I am listening—and to you, I say this. I am as determined as you are to get to the truth. That is why I set up this inquiry. We have a once-in-a-generation opportunity to do something that is hugely important. Together we can expose what has gone wrong in the past, and we can prevent it going wrong in the future. We can make sure that people who thought they were beyond the reach of the law face justice. We can do everything possible to save vulnerable young people from the appalling abuse that you endured. Let us come together to make this process work and finally deliver justice for what you, and too many others, have suffered”.
Lord Bates
I thank the noble Baroness, first, for her welcome of the approach that is being proposed. The added layers of consulting the shadow Home Secretary and the consultation that will take place in a kind of pre-confirmation hearing with the Home Affairs Select Committee will go some way to allaying concerns about the process. There was always a difficult balance for the Home Secretary in establishing the inquiry, but it was not her intention that she was going to undertake the inquiry. Therefore, it is for the panel members to decide on the direction of inquiries and the direction in which they set up their meetings. It was the panel that sent out the invitations for the meetings for survivors’ groups, which began last Friday and which will continue, so panel members can continue their work—and it is absolutely essential that they do so.
The noble Baroness mentioned a very sensible point—the wealth of expertise in your Lordships’ House. Of course, the Home Secretary or certainly myself will be available to meet, and will try to seek meetings with, all those people with relevant expertise to ensure that that knowledge and expertise is fed into the process that we have. The Wanless report is in the Home Office at present. As we know from the comments made, the process is twofold. The Home Secretary has questions to ask to ensure that the questions in the terms of reference have been answered. We also want to separate the two issues so that people get an opportunity to look at those very serious allegations and a response to them by Peter Wanless next week.
The noble Baroness referred to an investigation that was carried out by CEOP under Project Spade. They referred themselves to the Independent Police Complaints Commission. Of course, that was before CEOP had become part of the National Crime Agency. I urge the noble Baroness to think about the fact that there is now an ongoing inquiry called Operation Notarise which has had much more success.
We are lifting stones all over the place and discovering the scale of something that we never could have imagined was going on in our society. That goes to the heart of what we are talking about. It is tough and it is harsh, but we have got to go through it, not only for the victims in the past but to protect children in the future.
Baroness Walmsley (LD)
I thank the Minister for repeating the Statement. I very much welcome the elements in it that refer to how the victims will be treated in the future. There will be liaison with them; their support will be sought; and measures will be put in place to ensure that the experience of giving evidence to the inquiry will cause them as little pain as possible, though inevitably it will cause them some pain.
As well as hearing from the victims, there are many thousands of well meaning, good people who have never done any wrong, working in the organisations that deal with children all over the country. I hope that the inquiry panel will listen to some of those people. In my experience, if you want to know what is going wrong in an organisation, you can do little better than talk to the staff. Of course, there are people who have things to hide; but the vast majority of people who work with children do so because they care about children and want the best for them.
On the appointment of the new chairman, I hope that the Government will look north of Watford before they look abroad—Newcastle rather than New Zealand, Carlisle before Canada. Many reputable members of the judiciary would be very well qualified to do this job. Although we can learn lessons from abroad, I do not think that it is necessary to find someone from abroad to chair this. Will the Minister confirm that the terms of reference will allow the committee to look at the experience in other countries and see whether there are lessons to be learnt that might be applicable to our situation in the UK, to help to protect children better than we have in the past?
Finally, I ask the Minister about the status of the inquiry. It has been said by the Government, several times and very clearly, that if the chairman feels the inquiry should be made a statutory inquiry under the Inquiries Act 2005, that will happen. I am most concerned that, if that happens, the inquiry will be able to call in evidence and files from whoever it feels will benefit the inquiry and can compel those people, under threat of legal action—in other words, put them in contempt of court if they fail to co-operate with the organisation. Will my noble friend ensure that that happens?
Lord Bates
I appreciate that question from my noble friend. That comes to one of the reasons the inquiry was set up on a non-statutory footing at the start. Because one is dealing with really sensitive cases and a lot of young people who are very damaged, one wants to give them maximum freedom to approach the inquiry rather than be in a courtroom setting, which has its own set of intimidations—although, necessarily, legal advice is there. This inquiry was meant to be accessible to people. We are not anticipating that the inquiry will change to a statutory footing under the Inquiries Act, but that option remains open. The Home Secretary has of course made it clear that, to assist the speed of the review, it is very important that we do not reinvent the wheel and that we draw upon the vast literature and evidence already there in a way that can inform the decisions quickly, whether that be from this country or other countries.
Baroness Howarth of Breckland (CB)
My Lords, of course we all welcome the inquiry. However, I was very relieved when the Minister said that we are not going to look just at historic abuse; we will be worrying about what is happening to children in the here and now. We could wait to learn lessons, but we already have numerous inquiries that stretch back, which have lessons that we know about. We know that co-operation between different statutory agencies will make a difference. Has the Minister read the report from the All-Party Parliamentary Group on Children on co-operation with the police and the way that children have talked about the need for co-operation between agencies in looking at the police? I am sure that he has looked at it. I hope that we are not going to wait until the report comes through, given that we already know about some of the lessons. Has the Minister considered that the pressures on social workers, police and health workers are so great that they are likely to make mistakes? I spent time today with the representative of the independent reviewing officers, who are supposed to look at the plans for children to ensure that they are being protected. They say that the patchiness across the country is so great that some areas are still dangerous for children.
Will the Minister assure me that, while we are spending time and a great deal of money on historical abuse—which I welcome, because I know the victims and know how much it means to them—he will be sure to think about children here and now and the stresses on services that put them in danger today?
Lord Bates
I certainly can give that assurance. The terms of reference are from a 44-year period, which runs from 1970 to the present day, so some of those lessons will be there. I was familiar with the all-party group’s report, which noble Lords debated under the Serious Crime Bill. We are introducing a number of amendments under the Serious Crime Bill that do not talk just about the future. They are saying simply that we have the evidence but there are gaps that need to be tackled so that we can act. These are very important issues. Once the Government see an issue highlighted, they want to act as soon as possible to protect those in need.
Lord Borrie (Lab)
I will resist the temptation that there must be, not only to myself but to many in the Chamber, to criticise the Home Office and Ministers for the pretty pass we find ourselves in. On the basis of what the Minister said when repeating the Statement made in the other place, I look to the future. The key point seems to be to have a timetable that one will have some faith in, unlike that of the Chilcot inquiry. I was concerned when, during the course of the Statement, the Minister said that although the first few meetings of the panel might be without a chairman, it will have a chairman, and will meet every Wednesday from next Wednesday. I can imagine that in many cases that is perfectly reasonable, especially when one engages people who are busy on other matters. It may be that the timetable of once a week arises in part because of the commitments of the existing panel members, who will continue to be panel members. I wonder whether there should be some flexibility, at least so that the panel, preferably with the new chairman in place, can amend that and if possible arrange for further meetings so as to bring the inquiry to some sort of conclusion. We have had some reassurance from the Minister about the beginning of the inquiry, even without the chairman, but there has been no reassurance about how long it will take. Perhaps in all honesty the Government cannot give that and will not be able to give that. At least there should be some flexibility so that the panel could determine a lengthier time.
As to the appointment of the chairman, there are plenty of choices, as has been discussed today and in the media. I shall not go into that. I may not have trusted the Government on the first appointments, but surely we must trust the Government now, having had so many difficulties, to make a good choice.
Lord Bates
I shall clarify the position: in the terms of reference of the inquiry, the aim, approach and methodology of the panel is to solicit opinions, views and evidence from organisations and individuals involved in this, so at this stage it is simply going out to solicit that information. As in some inquiries or a Select Committee inquiry in our own House, we might find that the frequency of meetings will increase once that evidence has been collated and needs to be assessed.
I shall add one more thing which I hope is useful. It is the intention, and it was the intention when Fiona Woolf was the chairman, that there should be an interim report in March. It is still the intention that there should be an interim statement, perhaps on methodology, by then and that information will not be built up for one final release, but will be released as a clear segment of work is completed with recommendations so that it can be debated, discussed and acted upon.
Lord Finkelstein (Con)
I thank my noble friend for the excellent Statement and wish him good fortune in choosing a new chairman because I fear that good fortune will be required. Given the terms of reference of the inquiry, to find someone who has had no connection with state or non-state actors over a period of 50 years will be very difficult to crown with success. This is a very important inquiry and clearly the matters that it will discuss are vast. It took the Saville inquiry more than a decade to inquire into the events of a single afternoon. Would it not be more sensible to divide the inquiry, and therefore to divide the number of chairmen, into a series dealing with different areas rather than to look for somebody, who may be impossible to find, to deal with the entire area of child abuse over 50 years?
Lord Bates
My noble friend makes an excellent point. Sometimes in the debate we have had it has been said that we need somebody who knows everything about everyone to head the inquiry. The person who is to chair the inquiry has a specific responsibility to manage the body of expertise which is already on the panel and to direct it in an efficient manner to complete the work in accordance with the terms of reference. We are looking for a different skill set in the chairman than in the members of the panel. Therefore I think it might be possible to find somebody who is able to satisfy the survivors and give them confidence in the process.
Lord McConnell of Glenscorrodale (Lab)
My Lords, I hope the Minister and your Lordships’ House will accept my apology for missing the first two paragraphs of the Statement. I want to ask a question on the very important issue of Scotland. Given that a number of these allegations pre-date devolution and that a number of the institutions referred to cover the whole of the United Kingdom, not just England and Wales, including, for example, the BBC, there is dismay in Scotland among the historic survivors of child abuse that this inquiry will not cover Scotland. Therefore, I ask the Minister, as I asked his predecessors, why is this inquiry not including Scotland? Has the Home Secretary discussed this issue with the Justice Secretary in the Scottish Cabinet? If the new First Minister in Scotland, Nicola Sturgeon, who is expected to be in post before the end of this month, were to agree to include Scotland in the inquiry, would the Government be willing to reconsider this position?
Lord Bates
The inquiry is being set up now, and now it is a devolved matter in Scotland and Northern Ireland. Northern Ireland is undertaking its own inquiry under Sir Anthony Hart into some matters which happened there. Scotland is free to undertake that process. Of course, as part of this process which we are now embarking upon, we remain open to approaches and suggestions from wherever they come, including from the Scottish Parliament and the Scottish First Minister.
CEPOL Regulation: United Kingdom Opt-in
Lord Bates Excerpts(9 years, 6 months ago)
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The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)
I join your Lordships in paying tribute to the noble Baroness, Lady Prashar, for introducing this debate, for the way in which she introduced it and for the excellent report prepared by the committee, and I pay tribute to the members of that committee. This is part of the process that we agreed, that your Lordships’ House would have a say on these measures, when they come forward, and that there should be a report. We have a report, which is very clear in its recommendations, and I will turn to those in my remarks. It was also agreed that your Lordships should have an opportunity to debate, which is what is happening now. Of course, all that should happen before Her Majesty’s Government have actually reached a decision on whether to opt in at this stage. No decision has been made, so the comments that would be made in your Lordships’ House are pertinent, relevant and will be taken very seriously into consideration.
Before I turn to some of the specific points that have been raised, part of the system for considering these matters involves a formal government response to the report and requires the Government to update the House on their position. So while not losing track of the questions that have been raised from around the House, I will just put these remarks on the record.
I am grateful to the noble Baroness, Lady Prashar, and her committee for calling this debate and I am pleased that we have had such a wide-ranging discussion. The Government have not yet decided whether to opt in to this measure at this stage. The arguments are finely balanced. We recognise the work of CEPOL and its current mission to bring together senior police officers from across Europe to encourage cross-border co-operation in the fight against crime. However, we also need to retain national control over the training of our law enforcement agencies, and there are elements of the draft measures that cause us some concerns. We therefore need to decide whether it would be better to opt in at this stage and use our vote in the negotiations to try to improve the proposal or to stay out for now and reconsider our position once the final text is agreed. Both options are open to us at this stage. I should say, of course, that they are open to us at this stage because the previous Government negotiated the justice and home affairs opt-out, so we are simply exercising an opt-out that they provided for us.
I want to be clear that we support CEPOL as it currently operates. CEPOL courses help the UK and UK law enforcement officers to build contacts across Europe, as has been mentioned by a number of noble Lords, and to exchange best practice in fighting crime. The training also provides personal development, strengthens partnerships and develops networks and co-operation, as well as providing the opportunity to share experiences. However, we are worried that some aspects of the new proposals would go beyond that and allow CEPOL and the wider EU to dictate aspects of our police training programmes. That is a very different thing.
The professionalism and training of the police and other law enforcement agencies should be led and developed by those organisations themselves, at a national or local level, and not by the EU. We believe that the focus of an EU-wide law enforcement training strategy should be to encourage member states to collaborate on matters that are mutually beneficial but to avoid telling us how to train our police. Provisions within the existing CEPOL Council decision are more than adequate to encourage member states to work together where appropriate. I am pleased that the committee chaired by the noble Baroness, Lady Prashar, sympathises with our concerns, including her proposals for a national unit and scientific committee. The commission’s proposals give CEPOL a much broader role than it currently has in law enforcement training, significantly expanding the EU’s responsibilities.
The Government believe that it should be for member states to define and determine which law enforcement officers may benefit from CEPOL’s activities. We are not at present convinced of the need for the law enforcement training scheme—known as LETS—and are concerned about the reference to this regulation in the text, which would make LETS legally binding on member states—this addresses the point that the noble Lord, Lord Sharkey, made about outlining the nature of our concerns. I know that several member states agree with us that all references to LETS within the regulation should be removed for this very reason.
Therefore, the question is whether we should opt in and use the vote—we would then have to help negotiate the proposals that concern us—or whether we should stay out for now, still participate in the negotiations, although without a vote, and consider applying to opt in post-adoption. Of course, the proposal is subject to qualified majority voting and co-decision with the European Parliament, so if we did opt in, we could still be outvoted and would then be bound by the outcome even if we did not get the changes that we were seeking.
A decision to stay out at this stage would not necessarily exclude us from CEPOL for ever. We would remain involved in the negotiations and would have another chance to take part once the measure had been adopted. That would give us the advantage of knowing exactly what the regulation would require of us before we signed up to it—which was precisely the point that was negotiated by the previous Government when they included that opt-out provision in the JHA. However, the disadvantage of having no vote in the negotiations is one which we are very mindful of, which is the point that the noble Baroness, Lady Smith, raised in her remarks. Even if we were not to opt in, I can assure the House that the UK’s voice will still be heard and listened to in the negotiations. Those negotiations are ongoing; we have officials attending Council working groups on the text as we speak, as they have been doing during this week and last week. That is very clear from Europol, a measure to which the committee of the noble Baroness, Lady Prashar, rightly attaches great importance. There we did not opt in pre-adoption but have secured some quite significant improvements to the text on Europol’s power to request investigation and to the duty of member states to supply it with information. So there are arguments either way. The Government have not yet decided at this stage which option they will propose.
The noble Baroness’s committee has argued that it is inevitable that we must adopt the regulation at some stage. In its view, it would be unworkable for the UK to be bound by the current Council decision, while other member states would be working with the provisions of the new regulation. The committee feels that this would in turn be likely to trigger the procedure under Article 4(a) of Protocol 21 of the Treaty of the Functioning of the European Union, resulting in the UK’s ejection from CEPOL. This regulation would repeal the existing 2005 CEPOL Council decision, to which the noble Lord, Lord Hannay, referred, for those member states participating in the regulation. In accordance with the opt-in procedure under Protocol 21, if the UK does not opt in to the proposal, and if it is subsequently adopted by the rest of the EU, the UK will remain bound by the underlying CEPOL Council decision, as the repeal aspect of the regulation would not apply to the UK.
The UK would be working with CEPOL according to the old Council decision while all other member states work according to the new regulation. Practically speaking, which was the point made by the noble Lord, Lord Hannay, this may not be impossible, especially if the new regulation does not significantly alter the focus of CEPOL. However, if the Commission considers—
Lord Hannay of Chiswick
I am sorry to interrupt the Minister, but I wanted to get in before he sat down. I did not suggest that it might not be impossible: I suggested that it might not be possible, which is the exact opposite.
Will the Minister also answer a question that disturbs me? This is not the first time that Home Office Ministers have taken refuge in not declaring their hand at the time of the debate in this House: it is about the third time, in fact. This demonstrates very clearly the ingenuity that Ministers and civil servants are able to put into turning into a meaningless matter the undertakings given by the noble Baroness, Lady Ashton, and by Mr Lidington from another place. The Government manage miraculously to remain poised on the horns of their dilemma until a couple of days after this House has expressed an opinion and then equally miraculously the light shines down from heaven and the Government take a decision, and they are not subject to any scrutiny in this House whatever.
Before he finishes, will the Minister undertake that when the light has shone down from above and the Government have reached a decision, he will come and tell the House what the Government have decided so that we can consider that? This is not a good way of dealing with these matters and the previous examples show just how badly the Lidington/Ashton undertakings are being implemented.
Lord Bates
I hear what the noble Lord says, but the advantage of having a debate at the present time is that the committee’s report and your Lordships’ contributions inform the Government’s position. That is beneficial, rather than coming to the House after a decision has been taken by Her Majesty's Government.
I also accept the noble Lord’s point about what is possible and what is impossible. I readily acknowledge that. It is not for us to decide whether it is possible or impossible: it is for the Commission and the other member states to determine whether they are willing to tolerate that or whether they wish to eject us from the process. That is further down the route.
Lord Sharkey
I am sorry, but I am not quite clear about whether the Government will bring back the issue to this House once they have made a decision on whether to opt in or not.
Lord Bates
The decisions that are made on these matters are ordinarily communicated by Written Ministerial Statement. If, through the usual channels, the business managers and the committee, there is scope for something more than that, of course we stand willing to comply with what the House requires and to show it due respect. But that is the normal course through which information is communicated on decisions of this nature.
However, if the Commission considers that UK non-participation makes CEPOL inoperable, it could seek to have us ejected from CEPOL, from the 2005 decision. The provisions in Article 4a(2) of the protocol clearly set this out. Clearly, this depends on a number of questions that are currently hypothetical: whether we opt in before 24 November; whether, if we do not opt in then, we do so post-adoption; and whether, if we do not, the Commission tries to trigger the ejection mechanism. But if things got that far, it would be important to note that the protocol sets what seems to be a very high threshold for ejection. It requires the measure to be “inoperable”, not merely inconvenient or difficult to operate, and it must be inoperable for the other member states, not just for the UK. These are tough tests for the Commission to meet. However, that is an argument to be had if and when we get to that stage. We are a long way from there at the moment.
With reference to the draft Europol regulation, as the committee is aware, we decided not to opt in at the outset, but committed to opting in post-adoption if certain conditions are met. I must stress that, at this stage, no decision to opt in has been made and no such decision will be made until negotiations are complete and the regulation is adopted. At that point, the full process for considering a post-adoption opt-in will be followed, which, as the committee is aware, can take several months. However, as mentioned above, and without pre-judging the final outcome, I can say that I am pleased with the current progress of the negotiations.
I realise that time is running out. I will deal with some of the matters raised and if I cannot deal with them all, I will of course respond in writing to the noble Baroness in the first instance and copy that letter to all other noble Lords who have contributed to the debate. Some specific points were raised by the noble Lord, Lord Sharkey, and my noble friend Lord Patten. My noble friend brings immense expertise to this having, in another place and in another guise, been a particularly fine Policing Minister in the Home Office. The particular issue of concern is the proposal for CEPOL to assess the impact of existing law enforcement training policies and initiatives and to promote the mutual recognition of law enforcement training in member states and related existing European quality standards.
We have a particular problem with this because, from the time between Bramshill closing and the CEPOL negotiations, we now have an excellent College of Policing, which is doing tremendous work among police forces in this country. To keep it in context—noble Lords asked about this—the attendance at CEPOL courses was typically around 100 officers per year at Bramshill. That has now gone. We are talking about the College of Policing, but also recognise that in Bramshill we have an asset, and there were associated running costs. That is going to front-line law enforcement in this country.
Other issues that were raised related to the timeliness of communications. The noble Baroness, Lady Prashar, and the noble Lord, Lord Judd, raised this in very serious terms. I will take it away and reflect on it. It is not always within our hands as to when we get documents and how to pass them on. However, I should like to sit down with the committee to understand how we can improve our performance, between officials at the Home Office, Ministers, and the committees, to ensure that committees are able to do their job of scrutiny in a proper way. I accept the reprimand, apologise and promise to look at that more closely.
Some Members, including the noble Lord, Lord Judd, referred to the Lisbon justice and home affairs opt-out. As I have said, that is an opt-out of the previous Government’s making. We are simply exercising our right to do it. It does not seem necessarily a bad thing that if you have a piece of regulation before you and you are not entirely happy with it, then you can undertake the genuine, sincere and vigorous negotiations happening at the present, and reserve judgment on whether you choose to opt into the final draft until you have seen the final text.
The noble Lord, Lord Patten, also referred to the fact that we need to work much better at cross-border co-operation in policing and serious crime. We recognise that that is a very important area. That is why we have taken the approach that we have towards Europol and the arrest warrant. We recognise, as the noble Baroness, Lady Smith, said in her remarks, that ensuring the safety and security of the people in this country is the first priority of every Government. We should do that, but we can do so not necessarily by signing up to everything, but by being discerning because we have been given the opportunity to do that.
I covered interdependence. We accept that we need to co-operate and that is an ongoing thing. I very much accept that we are in this together and that, as the noble Lord, Lord Judd, said, we need to co-operate. However, we can have meaningful input into the negotiations ongoing in Brussels with our position as it is. I do not think it is an ideological position. It is one that looks at different issues and treats them in different ways, raising legitimate concerns about CEPOL while recognising its very good work, taking a slightly different approach with Europol, and a different approach to the European arrest warrant. That is a balanced and broad approach. However, I assure your Lordships that we will take into account and re-read all the contributions made in the debate. Again, I thank the committee for the work it has prepared, which we can draw upon.
Baroness Prashar
My Lords, I thank all Members of the House for their contribution to the debate and for their positive comments about the report and the work of the EU Select Committee, for which I am very grateful. I have listened very carefully to the Minister and welcome the fact that he is willing to discuss the timetable to ensure that there is better engagement with the committees on timing. I also listened carefully to what the Minister said about the pros and cons of opting in now or later and the process. I must say that I find that unsatisfactory. I am disappointed that we have not had a clear answer on the Government’s intention. I urge the Minister to think about that, because the committee weighed the pros and cons and recommended that it would be wiser to opt into the regulation now rather than later.
Having said that, what is clear from the tone of the debate is that there is disappointment about the process, but we also have to take account of the context within which opt-ins are being discussed. The noble Lord, Lord Judd, talked about the culture and the importance of working together. It is important also to register the broader point within which the debate about opt-ins is taking place.
I thank the Minister for his response and I beg to move.
Refugees and Migrants: Search and Rescue
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The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)
My Lords, with the leave of the House, I will repeat a Statement given earlier this morning by my right honourable friend James Brokenshire in another place.
“The United Kingdom has a long and proud tradition of providing sanctuary to those who genuinely need it. We work closely with our European neighbours to provide assistance to those fleeing from fear or persecution and deter those whose criminal actions stand in the way of providing effective help.
The scenes we have witnessed in the Mediterranean in recent months, with people risking their lives to reach Europe, are deeply distressing. The UNHCR estimates that more than 3,000 people have died attempting to cross the Mediterranean already this year, compared to some 700 deaths in the whole of last year. When people are risking life and limb—not just their own but those of their loved ones, too—it is clear that they are caught in a desperate situation. No one underestimates the sincerity of their plight. It demands an equally sincere approach from the Governments of the European nations—and that is what it has been getting.
Since Italy launched its Mare Nostrum operation in October 2013, there has been an unprecedented increase in illegal immigration across the Mediterranean and a fourfold increase in the deaths of those making that perilous journey. The operation has been drawn closer and closer to the Libyan shore as traffickers have taken advantage of the situation by placing more vulnerable people in unseaworthy boats on the basis that they will be rescued and taken to Italy. But many are not rescued, which is why we believe that the operation is having the unintended consequence of placing more lives at risk and why EU member states have unanimously agreed that the operation should be promptly phased out.
It is of course vital that this phasing out is well managed and well publicised to mitigate the risk of further deaths. It is vital that we continue to take action to provide real help to those who genuinely need it. We have made clear our view that the sustainable answer to the current situation in the Mediterranean is to enhance operational co-operation within the EU, work with countries of origin and transit to tackle the causes of illegal immigration and the organised gangs that facilitate it, and enhance support for protection in north and east Africa for those in need.
We have agreed to a request from FRONTEX—the EU’s border management agency—to deploy a debriefing expert in support of the FRONTEX Operation Triton, off the southern Italian coast. This operation is not designed to replace Mare Nostrum but will instead patrol closer to EU borders. We stand ready to consider any further request for UK support for the new FRONTEX operation. The UK is among those member states offering substantial numbers of resettlement places for refugees from outside the EU, working closely with UNHCR. There were more than 4,000 places between 2008 and 2013. In close partnership with other member states, we are developing a strong programme of work to tackle the causes of migration from the Horn of Africa, including through investment in regional protection programmes.
It is not in the interests of anyone—most especially those genuinely fleeing persecution—if European countries have an uncontrolled and ineffective approach to immigration and asylum. It is not in the interests of anyone if the criminal gangs who exploit the fear and suffering of vulnerable people, endangering human lives for cold, hard cash, are allowed to continue their despicable work unimpeded. It is not in the interests of anyone if we fail to adapt to a situation which encourages more and more people to make that dangerous journey across the seas. That is why member states across the EU have unanimously agreed to act: to defend our borders, crack down on crime, and protect those who so desperately need our protection”.
Lord Bates
I very much understand the passions and sentiments that these horrific reports will arouse in all people who have any sense of humanitarian care or concern. Of course, the reality is that this is for the Italian Government. They are the ones who set up the operation, which started last October, and they are the ones who say that they will now phase it out. It is not something in which the UK Government are involved on a day-to-day basis. The Italian Government introduced this as a deeply humanitarian gesture, and made the point that they would rescue anyone, wherever they were in territorial waters. The number of those making the perilous journey then went up from 60,000 last year to 150,000 this year, and that situation is being exploited by the gangs which we all seek to stop. The Italian Government have therefore taken the decision to phase it out. The decision was not taken by the UK Government.
Lord Ashdown of Norton-sub-Hamdon (LD)
My Lords, it pains me to say to my noble friends that this is a discreditable policy, whatever words are used to describe it. We do not find it difficult to disagree with the European Union on all sorts of other matters, but do we have to lay our hand to a European policy whose central proposition is that the best way to discourage people from seeking a better life is to leave them to drown in the Mediterranean? This is inhuman, it is discreditable and it may well be contrary to our duties under international law to do everything we can to save those in peril on the sea.
Lord Bates
The noble Lord comes to this with huge experience and understanding. However, those obligations which are there under the laws of the sea, maritime law and humanitarian law will remain as obligations on any vessels that actually come across people who are making this journey. The question is how we tackle this increasing trend effectively. This is not for the UK alone; this view was pored over on the basis of evidence, intelligence and information which came to the Justice and Home Affairs Council. All 28 member states agreed—which, as my noble friend suggested, is a pretty rare achievement—that, regrettably, this was having a counterproductive effect.
Lord Elystan-Morgan (CB)
My Lords, will the Minister kindly answer a specific question, which I am sure all Members of the House would wish to have answered? If the commander of a British warship is cognisant of the fact that there is a refugee ship within reasonable distance of his vessel which is in peril, does he deviate from his course and pass by on the other side, or does he act in accordance with the law of the sea and the highest tradition of the Royal Navy?
Lord Bates
The answer is that he gives assistance to that vessel. That is the law; that is the rule; and that will continue to happen. The vessel should be escorted to the nearest safe port and the passengers’ needs addressed. There is an overlying responsibility, particularly where those individuals may have genuine asylum claims which need to be investigated, to then take them to a place where they can be assessed.
Lord Dubs (Lab)
My Lords, of course everything must be done to help the countries of origin tackle the criminal gangs which are shipping people across the Mediterranean in dangerous circumstances. However, are we saying that we are happy to be party to a policy which will result in people drowning? Is that not a shameful position for the Government to adopt?
Lord Bates
We are certainly not happy with the situation; we are deeply unhappy with it, as is everybody. But how do the Italians begin to address this particular issue when the numbers are increasing? The number of deaths has gone up from 700 to some 3,000—a fourfold increase. If they go up fourfold again next year, does that justify the present policy? These are hugely difficult issues—I do not dismiss that—but the countries of the European Union and the Italian Government are making the best they can of a terrible humanitarian situation.
The Lord Bishop of St Albans
My Lords, it is clear that we are all deeply worried about this terrible situation. Just last weekend, a family drowned off our own coasts and the horror was felt right across our country. There were serious discussions about whether we needed more people on duty to look after them. There is a deep sense of worry where people put themselves in such danger. I do not think that any of us believe that people are putting their families at risk—sometimes, they are huge, extended families; one was reported earlier this week on television—thinking, “Oh, well, it does not matter if we are likely to drown because we might be saved”. That would seem to me incredible. Surely we need a much more coherent, pan-European strategy underlying the whole question of immigrants and asylum seekers, and we should try to get some agreement on how we can address it. However, I would lament us withdrawing from anything that would help people in such dire circumstances.
Lord Bates
I understand the right reverend Prelate’s point. I should make the point again for the benefit of the House that we are not withdrawing from anything; this was something for which the Italian Government had responsibility, and they have decided to phase it out. The right reverend Prelate is absolutely right that more needs to be done to establish a co-ordinated approach, which was indeed the purpose of the Justice and Home Affairs Council meeting on this specific issue held on 9 and 10 October. One of the outcomes of that meeting was Operation Triton, which we have pledged resources to, in addition to all the other things that we are trying to do to help in the countries from which these people are fleeing for their lives.
Baroness Falkner of Margravine
Perhaps I might pick up the point that my noble friend the Minister has just made. I understand that in Alexandria, Egypt, which is one of the major ports for trafficking, only one trafficker has been prosecuted in the last five years. Will we give specific assistance to the Government of Egypt, and what Government there is in Libya, to train them on arrest, prosecution and internment of the trafficking gangs?
Lord Bates
Indeed. Just this morning, I was with the National Crime Agency, which has teams in particular areas around the world, including in Egypt. They are trying to identify just those types of people, ensuring that they are tackled and that their evil crime is stopped.
Lord Soley
Many of these people are coming from towns such as Alexandria; that is where the organisation is. I say to the Minister that, through the European Union, we can offer aid not only in policing those areas but in policing much closer to their shores. It is possible to work out with some of those north African countries ways of stopping this problem closer to shore.
Lord Bates
We will be willing to look at all those opportunities. On the subject of aid, this Government are in the lead in providing aid to some of those conflict zones, such as Syria, where we have pledged £700 million already. We recognise that there are two parts to this, and we need to work at both.
Lord Hannay of Chiswick (CB)
My Lords, does the Minister not agree that the amount of help which the Government are giving to FRONTEX, which he announced in his first reply, is miniscule? Would it not be preferable if the Government gave more support to FRONTEX, which one hopes would then ameliorate a bit the results of this decision? Perhaps the Minister could also say what the Government’s position is on the negotiation of mobility partnerships with countries in the southern Mediterranean. There is already one with Tunisia and one with Morocco. What are we doing to press ahead with those? They are part of the solution, as the noble Lord, Lord Soley, said.
Lord Bates
The noble Lord will of course know very well that FRONTEX is part of the Schengen arrangements for border control. We have our own border control. We are talking about additional aid that we are giving to the Schengen area and to FRONTEX at its request. On the other matter that the noble Lord raised, the reciprocal agreements which might exist in the southern Mediterranean area, I will write to him.
Slavery
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The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)
My Lords, I begin on the point raised by the noble Lord, Lord Rosser. We entirely agree that modern slavery is a terrible crime. Indeed, that is underscored in the title of the Minister for Modern Slavery and Organised Crime. We see the connection between the two.
This morning, I began my day at the National Crime Agency, where I was told how organised crime in human trafficking is now in many ways overtaking trafficking in illicit drugs because criminals see that we are getting more effective in tackling drug culture and therefore they are turning to people. It seems incredible in the modern age that that is so, but it underscores the fact that criminals treat these people like commodities or chattels. That is why the term “slavery” is absolutely appropriate.
I join all noble Lords in paying tribute to the noble Baroness, Lady Kennedy, for securing this debate and also for the way in which she introduced it and covered all the broad range of points. In fact, the contributions have been of an incredibly high standard. There were a lot of questions and I have about 10 minutes in which to do my best to try and address some of them.
I should perhaps start by trying to place this in some sort of context. There is the amendment, and I accept that that is what the legislative process is about. We have pre-legislative scrutiny, which helps to shape the Bill, but we also have engagement with NGOs. We have round-table discussions, in which the Home Secretary is taking part, and we listen to business and to the NGOs, and we feed in various ideas. We then came forward with the proposed amendment on supply chains, which was tabled yesterday. It is to be debated and formally moved on Report on Tuesday in the other place. I know that I was invited to discuss a lot of the detail about what the amendment will do and the effect it will have, and of course your Lordships will have the opportunity to consider this. However, in order to observe correct practices within the department, my colleague Karen Bradley should be allowed to set out these issues in detail in the other place on Tuesday. We can then debate this when the Bill comes here on Second Reading.
The noble Baroness, Lady Kennedy, referred to the importance of leadership. That is absolutely vital in this regard. During her speech, I reflected on undertaking my MBA dissertation in China many years ago, looking at supply chains for—I had better be careful—what I will only say was a major international footwear manufacturer, and seeing the conditions that people were put under. The point made by the noble Lord, Lord Young, to whom I pay tribute for his work with the Ethical Trading Initiative, also brought home to me how, because of the increased demands from consumers for more intricate designs in their footwear and a lack of investment in appropriate equipment to do this, these young girls—and it was mostly young girls in those factories—were suffering horrendous injuries in trying to fulfil the demands of western consumers. Consumers therefore need to see themselves as very much in the frame here. This is something which we all need to address, and on which we all need to exercise judgment and leadership.
My noble friend Lady Hamwee referred to the scale of the problem, and her description of profits as being generated on the backs of these people was a very apt depiction of what we are looking at here.
The determination is there to take action. The amendment is of course one part of the Modern Slavery Bill, which is one part of the whole picture. The Minister for Modern Slavery and Organised Crime is another part. The National Crime Agency, which looks at organised crime and gang-related issues, is another part. The Serious Crime Bill, which we are considering and to which the noble Baroness referred, is looking at disrupting this evil trade with gang prevention orders and a range of other sanctions. That is another part, and there will be yet other parts required. There will be a modern slavery strategy, which will be brought before your Lordships during the passage of the Modern Slavery Bill through this House. We expect that to arrive with us before Committee stage, so that noble Lords will have an opportunity to look at it. That is another part of it.
I pay tribute to the previous Government for introducing the Gangmasters Licensing Authority and the work which it has done. We are moving it from Defra into the Home Office as part of this overall initiative, and I think that was touched upon by the right reverend Prelate the Bishop of Derby. We want to see that happen. However, I think it was absolutely right for the scale to be focused on.
The noble Baroness, Lady Cox—I want to call her my noble friend—has done so much in this area internationally in speaking up for those people. She summed it up perfectly when she talked about the clothes your wear, the phone in your pocket and the food on your plate. This touches every part of our daily lives. We need to think about the hands that prepare and make these things.
There needs to be activity on this issue not just in the Home Office but across government. Indeed, there are inter-departmental committees. However, we are talking about activity not just within this country—although the noble Baroness was right to point out that it is sometimes our fashion to take a great interest and almost a certain pleasure in telling people in other jurisdictions and other countries how they should behave without recognising that we have a very serious problem right under our noses in this country which we need to address. Figures presented to me this morning show that it is believed that nearly 3,000 people in this country fall into the category of slavery at the present time. We need to work on that.
The noble Baroness may be interested to know that, as part of a joint FCO-Home Office project in December last year, the NSPCC trained—many noble Lords referred to the need for training—UK and Nigerian officials better to identify trafficked children in Abuja, Nigeria, and repeated that training in Hanoi and Beijing. The Department for International Development also works in a number of ways which directly and indirectly help combat modern slavery. More specifically, DfID runs a Work in Freedom programme in partnership with the International Labour Organization to help girls and women in south Asia avoid being trafficked to work in the Middle East in domestic worker and garment manufacturing sectors. More than 100,000 girls will directly benefit from this project over five years. So it is part of a wider initiative.
A number of noble Lords referred to the public sector and were telling the private sector what it should be doing. Under the Companies Act, a requirement was introduced to include a statement on human rights in the annual report, which would of course need to be signed off by the directors, who carry the ultimate responsibility for standing by that report. The accuracy of that statement is every bit as important as the accuracy of the financial data which are in subsequent pages. Under an amendment which has been proposed and which will be debated, we will look at what form that statement should be in to make sure that it is clear that firms have given due cognizance and shown due diligence in sourcing materials as part of their trading.
Other noble Lords said that the Government themselves need to do more. Some specific, quite disturbing issues relating to the Department of Health were mentioned, including by the noble Baroness, Lady Hamwee, and the noble Lord, Lord Young. The Department of Health and the NHS Supply Chain have developed a labour standards assurance system that encompasses issues of forced labour. This is used as a basis for auditing suppliers in categories of supply where the risk of labour standards abuses is assessed as being high. To date, this approach has been successfully applied to supply agreements covering surgical instruments and medical textiles, and it will be extended to cover other categories in the future as agreements are retendered. The Department of Health is working with the Ethical Trading Initiative and the British Medical Association to develop guidance. I understand that there are concerns in that area, but some steps are being taken.
I shall try to deal with one or two other points. On minimum requirements, which were mentioned by the noble Baroness, Lady Cox, the Modern Slavery Bill allows the Secretary of State to publish detailed guidance, on which we will consult widely. Disclosure must be published prominently on an organisation’s website and home page.
The noble Lord, Lord Rosser, asked where the California-style disclosure list sat in the Government’s thinking. We will be publishing guidance on the kinds of formation in the disclosure and will consult on these matters. We will consider the Californian requirement very carefully in this exercise, along with any other helpful examples. In conclusion, we will return to this issue many, many times in your Lordships’ House, and rightly so.
Lord Rosser
I ask the Minister—and I accept that in the time he has had it was not possible to respond to the numerous questions raised, and he has referred to the amendment coming up in the other place shortly—whether he is prepared to look at Hansard and the various questions that have been raised and, if he feels that he has not responded to some of them, whether he will write to noble Lords who have raised those questions, so that we have those replies ready for Second Reading in November?
Lord Bates
That is a very good suggestion. I was certainly intending to do that, and I will make sure we do it. It would also be helpful if noble Lords who take an interest in this area could meet me and the officials who will be working on the Bill to talk through the detail of it, ahead of Second Reading on, I think, 17 November. I would like to do that. We share a lot of common ground in trying to make this work, and once again I pay tribute to the noble Baroness for bringing it before us today.
Police and Crime Commissioners
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Lord Hoyle
To ask Her Majesty’s Government what standards and guidelines are given to Police and Crime Commissioners upon taking office.
The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)
My Lords, the Police Reform and Social Responsibility Act 2011 provides the broad structure within which police and crime commissioners must operate. The legislation is necessarily permissive to allow PCCs to innovate and deliver policing more effectively than the unelected police authorities that they replaced.
Lord Hoyle (Lab)
I thank the Minister for that considered but short reply. Already between 2012 and 2014, these police and crime commissioners have cost us £9,636,264. That is just in salary and expenses and does not take into account the people who are directly employed by them. The public do not understand why police and crime commissioners were appointed, what they are supposed to do and what they have achieved, but they do know that they cannot be sacked. Does the Minister agree with the Deputy Prime Minister that this is a failed experiment and that they should be scrapped?
Lord Bates
I hear what the noble Lord says, but of course 5.49 million people voted to put those people in place. I would argue that they are much more accountable than the police authorities and the local government systems that existed before. As for the comments of the Deputy Prime Minister, of course this was a coalition agreement that was supported through this House, but the Liberal Democrats are entirely entitled to change their mind whenever they choose.
Lord Blair of Boughton (CB)
My Lords, it is said that Churchill described democracy as the worst system of government except for everything else that had been tried. Does the Minister agree that the coalition has achieved the converse by the introduction of police and crime commissioners, which is the best system of police governance in England and Wales that could have been invented, except for anything else that you could have thought of?
Lord Bates
I respect the noble Lord’s great experience in this area, but we need to remember what the system was before. The previous Government commissioned an HMIC report—entitled, appropriately for the time, Police Governance in Austerity—which found that only four of the 22 police authorities inspected were judged to have performed well in two of their primary functions: setting a strategic direction and ensuring value for money. There has been a change there, and that is to be welcomed.
Lord Paddick (LD)
My Lords, one of the two objectives that the Government set for police and crime commissioners was to save money. In addition to the vast expense of many of these police and crime commissioners appointing deputies, we have also had to have two by-elections—once, tragically, because of a death and once because of resignation—which have cost between £1 million and £3 million. How much money has the change actually saved?
Lord Bates
Police budgets overall are reducing, which is not something that we chose to do but was the situation that we were faced with when this Government came into office. It should be said that the police are also overseeing one of the largest falls in crime that we have ever had in recent years. That is to be welcomed. The average salary of a police and crime commissioner is about half that of a chief constable. In many areas, people will regard them as delivering value for money. If people feel that they are failing in their responsibilities, they can vote them out, which they could not do before.
Baroness McIntosh of Hudnall (Lab)
My Lords, the noble Lord mentioned the number of people who voted for police and crime commissioners when the elections were originally held. Will he remind the House what percentage that represents of the people who could have voted?
Lord Bates
Yes, it was 15% of those who could have voted. This was a new role introduced to increase accountability, and 15% is a sight more than were present in the smoke-filled rooms to elect the chairmen of the police authorities which existed before.
The Earl of Listowel (CB)
My Lords, what advice is given to PCCs on the value of high-quality youth services and well supported mentoring and peer mentoring services? What evidence can the Minister cite of consistent investment by PCCs in that vital area to prevent children and young people entering crime?
Lord Bates
The noble Earl is right to raise the concern. PCCs can be responsive in local areas in a way that did not exist before. For example, in Northamptonshire, Adam Simmonds has introduced a new victim witness service. In Cumbria, Richard Rhodes has introduced an office of victim services. Those are exactly the type of changes which are responsive to local needs that the commissioners are now delivering.
Earl Attlee (Con)
My Lords, is the Minister aware that I was unable to name any member of a police authority who was not a Member of your Lordships’ House?
Lord Bates
My noble friend makes a fine point. Police and crime commissioners, through the press, through discussion and through the elections, are much more widely known and recognised. Therefore, people will increasingly come to them with their issues, to which they can respond.
Lord Harris of Haringey (Lab)
My Lords, is it not the case that a fifth—it may be more, but it is seven or eight at least; no doubt the Minister can tell us—of the elected police and crime commissioners are under current or recent investigation by the IPCC for fraud or other misdemeanours? Are the Government, or at least the Conservative part of the coalition, still intent on giving PCCs more powers and more responsibilities and doing nothing about the accountability mechanisms?
Lord Bates
I thought that when the noble Lord began by speaking about seven or so police and crime commissioners, he was referring to the number of former Labour MPs and Ministers who are now holding those important positions in this country. The reality is that of course they are accountable to the police and crime panels, but ultimately they are accountable to the people who elected them.
Lord Bew (CB)
My Lords, is the Minister aware that the Committee on Standards in Public Life recently announced an inquiry on local policing accountability, leadership and ethics, which is reviewing how ethical standards are being addressed within the current structures for police accountability, including police and crime commissioners? I declare an interest as chairman of the Committee on Standards in Public Life.
Lord Bates
I was aware that that process is under way and I pay tribute to the noble Lord, Lord Bew, as chairman of that committee. In the context of this, I encourage all Members of your Lordships’ House, particularly those with policing experience, to feed in their views to the Committee on Standards in Public Life so that it can look thoroughly at this issue.
Lord Patel of Bradford (Lab)
Can the Minister give us an ethnic breakdown of the police and crime commissioners?