Metropolitan Police Service

Lord Berkeley of Knighton Excerpts

Wednesday 29th June 2022 Lords Chamber

[Lord Paddick (LD)]

My Lords, I thank the noble Baroness for repeating the Statement made by another Minister in the other place.

The letter from Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services to the Acting Commissioner of the Metropolitan Police, Sir Stephen House, apparently contains a catalogue of failings. These include not only the misogyny, racism and homophobia characterised by the tragic murder of Sarah Everard; the failings in the tragic murders of Bibaa Henry and Nicole Smallman, including the sharing of selfies taken with their dead bodies; the revolting messages shared on a Charing Cross police station WhatsApp group; and the failings in relation to the murders of Anthony Walgate, Gabriel Kovari, Daniel Whitworth and Jack Taylor, written off as self-administered drug overdoses instead of the actions of a serial killer because they were gay men, but also the failings in day-to-day policing.

Besides theses high-profile cases, can the Minister confirm an estimated 69,000 crimes are going unrecorded each year, less than half of crime recorded within 24 hours, and virtually none recorded when anti-social behaviour is reported? If not, why does the Minister not have the content of the HMIC letter? Besides the strip-search of a schoolgirl because it was thought she smelt of cannabis, and the high-profile, controversial stop and searches—such as that of a champion athlete—can the Minister confirm that, in 25% of stop and searches, officers failed to record the grounds for the search in sufficient detail to enable an independent judgment to be made as to whether reasonable grounds existed?

And this Government want to give the police more powers, including those for the police to conduct stop and search without having to have any reasonable grounds. Can the Minister explain why this is, when they cannot be trusted with the powers they already have—powers the police have not even asked for?

In the HMICFRS inspection after the Daniel Morgan report, HMICFRS concluded that the Metropolitan Police’s approach to tackling corruption was not fit for purpose. I was a Metropolitan Police officer for over 30 years, and I am appalled by the litany of failings identified by HMICFRS. I am angry that so many honest, decent police officers have been failed by a minority of their colleagues, but mainly by their chief officers who have not addressed these failings.

I do not accept the view that the majority of police officers do not want to do the right thing, but I also do not deny the lived experience of black people and women in particular at the hands of the police. I accept that, without effective leadership which challenges racism, sexism, homophobia and other forms of corruption, it becomes more difficult for good officers to do the right thing. I also accept that, without adequate resources, it is more difficult for decent, honest, hard-working police officers to provide the service they want to provide —the service the public deserve.

The Home Secretary faces a dilemma. The Metropolitan Police Service needs a brave, courageous leader who is prepared to speak out, tell the truth and bring about seismic change in the service—just the sort of person the Home Secretary does not want. It needs someone who is going to make it difficult for her and the Government when they expose the true nature and extent of the Met’s shortcomings, and when they speak out when the Home Secretary and the Government fail to give them the backing they need in order to succeed.

Neil Basu, for example, currently the most senior serving Asian officer, has been a champion of diversity and has an outstanding track record, but he failed to be appointed as the new head of the National Crime Agency despite being on a shortlist of two, both of whom were rejected by the Home Secretary. Why?

The last-minute, no-notice political attack on the Mayor of London by the Minister in the other place was disgraceful. If anything, does this not show the ineffectiveness of the system of police and crime commissioners? It should be noted that, of the six forces in special measures, four have Conservative PCCs, and the two others have directly elected mayors.

The Metropolitan Police Service does not need another commissioner who promises not to rock the boat, who goes along with cuts in police resources that impact on operational effectiveness, and who does not stand up to the Home Secretary and the Government. Decent, honest, hard-working police officers deserve better. When will the Government appoint the right person, with the right backing, to turn this appalling situation around?

[Lord Berkeley of Knighton (CB)]

My Lords—

[Baroness Williams of Trafford (Con)]

My Lords, I thank both noble Lords for the points they have made. I join them in deeply regretting the death of Zara Aleena and all the other people they mentioned—far too many —who have been killed and the examples of poor or bad practice within the Metropolitan Police. This underlines the reason we are here today, which is the “engage” process that has been triggered. I think we probably all agree on that. The noble Lord, Lord Coaker, made the point that we all have our part to play, and I totally agree with that.

Both noble Lords also made the point about the Statement given in the House of Commons being different to the one shared beforehand. I listened to my right honourable friend’s response, and, basically, the points he made reflected his experience while he was deputy mayor for policing in London. That was the reason he gave; I repeat it here. Clearly, what he said was part of the experience he had.

The noble Lords, Lord Coaker and Lord Paddick, made the point that it is depressing to read the report, and both were absolutely right that so many Metropolitan police officers are excellent—they are. They run into danger as opposed to running away from it. I think there will be police officers in the Met who are glad that this has happened, because it gives a fresh opportunity to address some of the very serious issues that I have addressed at this Dispatch Box time and again.

Both noble Lords mentioned Child Q in their questions. That was a particularly shocking episode. As both noble Lords probably know, the use of strip-search is covered by Code C of PACE 1984, which sets out the processes that police must follow when using that power. It can be carried out only by police officers of the same sex as the individual being searched. When searching a child, an appropriate adult must be present, unless the child specifically requests otherwise and the appropriate adult agrees. This is set out in the PACE code and must be followed by the police.

Since the publication of the safeguarding report into Child Q, the Met has ensured that officers and staff have a fully refreshed understanding of the policy for conducting a further search, particularly the requirement for an appropriate adult to be present. It has given officers advice around dealing with schools, ensuring that children are treated as children and considering safeguarding for under-18s. It has delivered training on adultification to all front-line officers in the Central East Command Unit, which covers Hackney and Tower Hamlets. It has reviewed the policy for further searches for those under 18 and made changes to ensure that it recognises that in these circumstances a child may be vulnerable to being a victim of exploitation. It has also introduced new measures so that an inspector must now give authority before the search takes place, to ensure there is appropriate oversight. A Merlin report must also be submitted to ensure that the safeguarding of the child is the priority.

The noble Lord, Lord Coaker, talked about the answering of 999 calls. I understand that 70% are answered within 10 seconds, but clearly we could do better. That is probably the answer there. The noble Lord talked about the victims Bill. Pre-legislative scrutiny ends at the end of July, and we expect the Bill to be introduced in September or October.

Both noble Lords talked about a combination of abuse of position, which of course the Angiolini inquiry is dealing with, and corruption, which HMICFRS did an inspection on, on the back of the Daniel Morgan Independent Panel report. The acting commissioner publicly committed to implementing all the 20 recommendations that it made. Most importantly, the noble Baroness, Lady Casey, has done her review into the culture in the police. The noble Lord, Lord Paddick, talked about some of the cultural manifestations, with gay men and black people being treated as somehow less than their white or heterosexual counterparts. I think the noble Baroness will have delved into that. There were also of course the terrible murders committed by Stephen Port. In many ways, those investigations were treated less properly than they should have been.

Both noble Lords asked me about the process for appointing the Met Police chief. Obviously, it is written into law. I cannot comment on individuals who have applied, but the Home Secretary will take into account the comments of the Mayor of London.

The noble Lord, Lord Paddick, asked me about the 69,000 crimes that go unrecorded and said that in 25% of stop and searches the reasons are unrecorded. I cannot confirm or deny that because I do not have the figures before me, but I will write a note to him on that.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

My Lords, on whether the Home Secretary approved it, I saw the “check against delivery” vision of it, so I cannot comment any further than that. However, when these things happen, instead of the back and forth that we saw a lot of in the Commons, with people blaming each other, I will take the point made by the noble Lord, Lord Coaker, that we need to work together to resolve these things. Every victim, incident and controversial issue that has happened is the rationale for this “Engage” process to have been triggered. In some ways we should be not glad that it has happened but pleased that the process is now in place to stop these sorts of things happening, as they have been all too frequently.

[Lord Berkeley of Knighton (CB)]

My Lords, I apologise to the noble Baroness for jumping the gun earlier. However, perhaps I can compensate for that by building on something that she said which I agree with. Before I say that, I should say that I do not demur from any of the condemnation that we have heard from noble Lords about some of the terrible things that have happened. However, it seems—this is where I agree with the noble Baroness—that we have to as a society consider what we are asking the police to do, and not only the police but the NHS. One thing that we somehow have to get a hold on is the sheer number of people who are drunk, mentally ill or addicted to drugs, and the amount of time that casualty officers, police officers and even prison officers seem to spend dealing with these things, writing up the reports. Somehow, we almost need a third agency to deal with these people—I have mentioned this before in your Lordships’ House and it even found some favour—to allow the police to concentrate on the job they do. When we consider judgment on the behaviour of the police, it is worth pointing out these problems and what we expect of them in those circumstances.

[Baroness Williams of Trafford (Con)]

The noble Lord points to the very good work that the police often do, and to non-policing work that the police often do. He mentioned mental health problems, which the police very often deal with on a Friday and Saturday night, and probably other nights of the week as well. I recall that, some time ago, we made a decision not to put people with mental health problems into custody suites because it is clearly the wrong thing for them, and never to put children into custody suites. He also brought to mind the benefit of a multiagency approach. We all need to work together to tackle these problems so that it is not solely the job of the police.

Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022

Lord Berkeley of Knighton Excerpts

Tuesday 7th June 2022 Lords Chamber

The lack of a full impact assessment is a severe gap, and to say that there is no significant impact on charities, voluntary bodies or the public sector, or any adverse effect on business, beggars belief. The lack of a data protection impact assessment is serious because the “right to work” and “right to rent” mechanisms are able to store transactions against individuals on which jobs, rentals and other services they have attempted to access. There is no transparency around this data: we do not know what it is used for, who it is shared with or for how long it is retained. To extend this to all people with migration status without any assessment of impact, including data protection impact, is a serious omission. As others have said, this SI raises very serious concerns and the Government should hold off any further implementation of digital-only until they have had very serious engagement on all the problems it raises.

[Lord Berkeley of Knighton (CB)]

My Lords, given what we have heard from my noble friend—I certainly support his Motion—it occurs to me that where these unfortunate people have language problems, it follows that the police, immigration officers and Border Force will have the same problems. Surely, it would solve a lot of their problems if a card could be produced to show that somebody had the right to stay and to prove their identity. I think it works both ways.

[The Duke of Somerset (CB)]

My Lords, I should like to add my voice to support this Motion to regret. The strong impression given by these regulations is that they have been developed entirely for the benefit of government and others, such as landlords and businesses, who have to check other people’s status. The needs of those with biometric residence cards or permits are not being treated with due consideration.

Apparently, 2.5 million non-EU citizens are being stripped of their right to use these cards to prove their right to work and rent, and that is a huge number. This contrasts starkly with the identity document validation technology, which is of course, by right, available to British and Irish citizens to prove the status digitally. Generally, they will do this by an identity app on their phone, which then allows them to use the physical passport in the many cases where digital proof does not work, or where a checker does not wish to use the IDVT process.

Why this disparity? What about the lack of privacy implicit in the digital-only system? Why are these people being treated as second-class? For that is what they perceive and many of us perceive them to be.

We have heard, and we all know, that technology fails. We are all familiar with the error messages that are normally infuriating, but when a process is vital—say, to secure a job or a house to live in—the risk of losing that opportunity is very real. That is why so many people prefer physical documents, including the devolved Governments, businesses and the status seekers themselves.

We have heard a little about the Ukrainians. They are also in this mess, arriving from a country at war. This Government are actively arming Ukraine brilliantly but have been pretty slow to accept its fleeing citizens. They are not English-speaking and, incidentally, many have had their dogs removed by the Home Office when they have full documentation for them, just to add to the difficulties they are suffering.

Can you imagine the further distress suffered when messages such as “service is currently unavailable” pop up on the portal website? I trust the Minister will tell the House why because the inadequate impact assessment really considers only the effects on those checking others. It ignores the needs of those being checked. I believe it certainly will have an impact on businesses, charities and local authorities, contrary to the statement in the Explanatory Memorandum.

There is nothing inherently wrong with digital but it needs backing up with physical documentation. I know the country voted for Brexit and the hard border controls that go with it, but the people we are considering this afternoon have a right to live and work here so can we not welcome them decently, humanely and with proper regard for their welfare, mental as well as physical?

Nationality and Borders Bill

Lord Berkeley of Knighton Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

[The Lord Bishop of Durham]

My Lords, forgive us for having two Bishops in a row. We do not normally do this—it is the way the groupings have fallen out. I support Amendment 70ZA tabled by the noble Lord, Lord Coaker, to which I have added my name with the noble Baroness, Lady Hamwee, and I declare my interests in relation to both RAMP and Reset. My interest comes from my ongoing engagement in the House with issues concerning children and their well-being and safety, and ensuring that their best interests are central to legislation.

I am deeply concerned that the protection of children identified as victims of modern slavery or human trafficking is not of primary concern in the Bill. I note again that not all children who are in modern slavery or human trafficking are brought into this country from outside. Some are born and raised here but find themselves held in slavery. This is a safeguarding matter, not an immigration matter, and the legislation should recognise that children require special protection. They are covered by the Children Act 1989, as the noble and learned Baroness, Lady Butler-Sloss, pointed out earlier. Why on earth is there no specific provision for the greater protection of children despite all our international and domestic obligations? As with many other parts of the Bill, it is simply not satisfactory for a Minister to rely on unscrutinised guidance at a later date, applied on a case-by-case basis. Safeguards must be built into legislation so there is no doubt that children receive the protection they deserve and that this is not left to chance. Can the Minister say when the guidance will be produced so that it can be properly scrutinised, and how can he reassure us that children are properly protected?

[Lord Berkeley of Knighton (CB)]

My Lords, I will make a few comments to amplify the remarks of my noble friend Lady Meacher. I have just been reading a most remarkable book by a doctor, who as an eight or nine year-old child escaped from Afghanistan to try to realise his vision of becoming a doctor and thus being able to support his family back in Afghanistan. In trying to secure a voyage here, the bureaucracy of our immigration system, which I am afraid is outrageously being demonstrated in Calais, meant that this child fell into the hands of traffickers. He arrived here with a forged passport, so was sent to Feltham young offender institution. My point is that unless we improve our ability to admit refugees—particularly at a time like this, as we have heard today—we will play into the hands of these people. Like that child, so many of these refugees are just desperate for a better life; he wanted to support his family.

That child had experienced post-traumatic stress disorder of the most awful sort, having seen friends and relatives bombed and shelled and having walked among mutilated bodies. He had nightmares and flashbacks, but he did not know that he had post-traumatic stress disorder and could not understand why he was finding it so difficult to explain to the authorities that he had come from this troubled background. It was only years later, as the noble Baroness, Lady Meacher, mentioned, that he realised that it must be because of post-traumatic stress disorder.

This extraordinary person started the most wonderful foundation, Arian Teleheal, saluted by the Government, which does telemed work with children and victims all over the world. He is a wonderful example of everything which is great in this country and everything that we need to make better. He knew that if he could get here and get training as a doctor, he could change the circumstances of those he had left behind in Afghanistan —and my goodness, he did. However, we must make it easier for people such as him to come here and benefit from our education, and then do wonderful work, such as what he wanted to do, as a doctor.

[Lord Wolfson of Tredegar (Con)]

My Lords, the debate has shown that the House is unanimous on two points. The first is that my noble friend Lady Williams of Trafford should be congratulated, and the second is that the House did not much like the Government’s Bill. I associate myself wholly with the former, and I will seek to set out the Government’s position on the latter. Let me go through the amendments in turn.

Amendments 65 and 66 seek to remove Clauses 57 and 58 from the Bill entirely. The effect would be to remove modern slavery from the one-stop process and would mean that modern slavery claims would be dealt with separately from the one-stop process that addresses human rights and protection claims. That does not make much sense, for either the victims or the national referral mechanism, for at least two reasons. First, treating the two types of claims as distinct means that a victim might have to describe the same traumatic events repeatedly, which nobody wants to see. Secondly, decisions would be made about their future and their right to protection and support in isolation from, and perhaps in ignorance of, the full facts, which might mean that people who would otherwise get protection are denied it.

Those amendments, and Amendment 70ZA, do not make sense from the point of view of making the NRM an efficient, transparent and fair process. They display a lack of understanding about how the NRM works, where, in line with the low threshold for referral—I will come back to the thresholds later—we simply require relevant information at an early stage, even of a limited nature, to enable key issues to be identified from the outset. That allows early access to support and gives decision-makers a clearer picture of the individual’s experience, which in turn means a more comprehensive decision, to be taken in the round, including, crucially, the victim’s age when the relevant exploitation took place.

Perhaps more than any other group, children will benefit from early identification and protection, and from having decisions made in respect of their status and their support with as full an awareness of relevant facts and context as possible. In response to the concerns of the noble Lord, Lord Coaker, echoed by the right reverend Prelate the Bishop of Durham, we see no benefit to child victims in them raising modern slavery issues after any asylum or protection decisions have been made. That would only delay their ability to access the support and protection that they need.

I have read widely the briefings which I and other noble Lords have received, and seen that critics have argued, as has been said, that the clause will stop victims from coming forward. We do not see how a clause that encourages early disclosure of information and early identification, where any negative credibility implications are non-determinative and apply only when there are no good reasons for delay, would discourage victims from coming forward. As to evidence, I say again that the measure will allow for early identification, and we do not want victims to have to describe the same events repeatedly.

Nationality and Borders Bill

Lord Berkeley of Knighton Excerpts

Lords Hansard - Part 2 & Committee stage
Thursday 10th February 2022 Lords Chamber

What has happened? Absolutely nothing. In the meantime, frankly, we look like a laughing stock. We are not responding to the threat of economic crime. We are giving away visas and the rest of the world must think we simply do not care. I thoroughly support this amendment.

[Lord Berkeley of Knighton (CB)]

My Lords, it is a pleasure and privilege to make this trio of noble Lords—of naughty boys—into a quartet led by the noble Lord, Lord Wallace, because I strongly support all the points that have been made. On this occasion, I am talking not about people with millions of pounds, but about domestic workers, mentioned in the amendment from the noble Baroness, Lady Hamwee. Here, there is another financial imperative for the Treasury, because I have long thought that we force people into the black economy because they simply cannot find a legal way to stay here.

I suggest to the Minister that this amendment would at least help a lot of people to come out into the open and pay taxes. If they could extend legal visas, those people would not go into the black economy and extend that uncontrolled area of work.

[Lord Kerr of Kinlochard (CB)]

I support all three amendments in this group and particularly that of the noble Lord, Lord Wallace, for two reasons. First, it gives me a rare and particular pleasure to say that I strongly support an amendment in the name of the noble Lord, Lord Green of Deddington, among others. His dedication has been remarkable throughout these debates, and this is the first time I have agreed with what he has said.

Secondly, there is just one element missing from the powerful case for this amendment made by the noble Lord, Lord Wallace. It is partly filled by the remarkable speech made by the noble Lord, Lord Faulks, and it is about reputation. The noble Lord said that we have become a laughing stock worldwide but, in America and large parts of continental Europe, it is worse than that. People are not laughing; they think it is beyond a joke. I strongly recommend this amendment to the Minister.

Police, Crime, Sentencing and Courts Bill

Lord Berkeley of Knighton Excerpts

Lords Hansard - Part 1 & Lords Hansard - part one & Report stage
Monday 10th January 2022 Lords Chamber

[Baroness Falkner of Margravine (CB)]

My Lords, I refer to my interests in the register and want to make it clear that I am not expressing any opinion on the merits of this particular amendment. But, because the debate has ranged far and wide beyond the amendment, and because there appears to be some misunderstanding in the House as to what the amendment is, I hope that, when the noble Lord stands to speak to this amendment, he will clarify two important factors.

I wonder whether he would tell the House whether housing a trans woman holding a gender recognition certificate on the male estate would be unlawful, as that woman is legally a woman. That is quite an important distinction, and it has not come out. There is clearly a misunderstanding there. The second point I would like him to clarify is whether housing a trans woman on a male estate, or a trans man on a women’s estate, could be unlawful as it could amount to discrimination.

[Lord Berkeley of Knighton (CB)]

My Lords, perhaps I might amplify, somewhat more bluntly, the points made by my two noble friends, and indeed the noble Lords, Lord Faulks and Lord Cashman. I have been to prisons as a member of the Koestler Trust, trying to take arts in there, and one of the things that struck me—and in a way the arts were a release for this—was the fevered testosterone. We have heard about it from both sides. I ask noble Lords to imagine, just for one moment, what would happen to somebody incarcerated in a male prison who already appears—if I may use the word—effeminate, and who may moreover have been sexually adapted to being a woman. I cannot even begin to think how that person would be targeted in a male prison. We need to think very carefully about that, whatever the merits of the amendment moved by the noble Lord, Lord Blencathra.

[Lord Herbert of South Downs (Con)]

My Lords, I draw attention to my interests as declared in the register. I find myself somewhat perplexed by this debate and the amendment. My noble friend Lady Meyer said that we were talking only about men who had not transitioned—but I do not think that the amendment says that. It is clear in referring to

“a person who has undergone gender reassignment”.

So there appears to be some misunderstanding about what the effect of the amendment would be, and I wonder what the problem is that we are trying to fix. After all, my noble friend Lord Blencathra himself said that the number of transgender women in the women-only estate was “very small”.

We know that in practice the vast majority of transgender prisoners are already held in prisons which match their sex registered at birth. The small number who are not held in such places have been risk-assessed. As the noble Lord, Lord Pannick, pointed out, that risk assessment would count for nothing in relation to transgender women because the effect of this amendment would be to say that there are no circumstances, irrespective of risk, in which such women, who may have been women for some time, may be held in the women-only estate.

It does not matter that the authorities believe that they pose no risk whatever. It does not matter that the numbers that we are talking about are actually very low. What matters to those who tabled this amendment is that the law should say that they should never be held in such a wing. That is in principle wrong.

It seems to be the sense of the whole House that people should be held according to the appropriate accommodation after a risk assessment. That might well mean that trans women are not held in the women-only estate. It might well mean that trans men are not held in the male-only estate, but that it is better that there is a risk assessment and they are held in the appropriate place.

The effect of this amendment is to prescribe, because those who tabled it think they know better. That, in the end, is the decision that we are confronted with. It is a decision about whether we are to be guided by ideology or pragmatism and, I would suggest, compassion.

It was said in advancing this amendment that a reason to accept it is that, absent it being passed, no places could be safe for women, not just in prison, but beyond the prison estate. How can that be? How could this amendment, were we to pass it, suddenly make all other places for women safe? It was also said—

Police, Crime, Sentencing and Courts Bill

Lord Berkeley of Knighton Excerpts

Lords Hansard - Part 2 & Lords Hansard - part two & Report stage
Monday 13th December 2021 Lords Chamber

[Lord Rosser (Lab)]

We welcome the fact that the Government are committing to a call for evidence on road safety issues next year. Like other noble Lords, I should be interested to know how long this exercise is expected to take. Also, is it purely a DfT matter, or a cross-departmental matter—and, if so, which departments are involved? On the general issue of road safety, I comment briefly on what the noble Baroness, Lady Jones of Moulsecoomb, just said. You could always reduce the number of road accidents fairly dramatically if you reduced the speed limit everywhere to 10 miles an hour, but, as a Government, you might not survive very long politically if you did that.

On “exceptional hardship”—the subject of one of the other amendments—maybe there are cases where courts are a bit too lenient. You have to draw the distinction between hardship and inconvenience, because the two are not the same. You do, however, get cases where there could be exceptional hardship and you have to think long and hard. An example would be a single parent who loses access to a car. That could have quite a profound impact on the children, particularly if they do not realistically have anyone else to help them out. You could also end up with a situation where the disqualification of a carer might involve significant impact—hardship perhaps not so much for the carer but for the person being cared for. When you are faced with some of these situations, it is not quite as straightforward as saying “You’ve broken the law, you’ve reached 12 points and you’re off the road”: you may need to look at the consequences. I note with interest the amendment on exceptional hardship. It may well be taken into account in the review what exceptional hardship means and whether it is being applied too leniently and too frequently.

We support Amendment 58—the minimum driving disqualification periods—as we have the increases in sentences for those offences, including causing death by dangerous or careless driving. We welcome the change that the Government propose.

I think that Amendment 64, relating to hit-and-run, mentions a maximum sentence of 14 years in custody. That seems quite a dramatic increase from the current limit. I am not sure whether it is envisaged that if an accident has caused a serious or fatal injury the maximum of 14 years for not stopping is in addition to what you would get for causing the fatal injury—in which case you could get quite a high sentence. I am just commenting on the fact that it seems to be raising the maximum sentence for failing to stop quite considerably. I do not know what the Minister will say about this on behalf of the Government but again, presumably, there is no reason why that should not be considered as part of the review.

With regard to the new amendment on the hitting of bridges, which my noble friend Lord Berkeley has proposed, I have some sympathy with the view that has been expressed that surely there must be a way that technology can reduce the frequency of these events. Perhaps one is a bit too prone to make speeches saying that technology must be able to resolve these issues for us, but one would have thought that this is one area where technology should play a role, and I hope that the Minister will take this issue away and that the Government will reflect on it as part of their general look at road safety issues. I will leave it at that, without commenting on the other amendments in this group.

[Lord Berkeley of Knighton (CB)]

My Lords, with regard to Amendment 58, I welcome the fact that the Government are taking to task the causing of death through careless driving or being under the influence of drugs or drink. For many families that have lost loved ones to then sit in court as the perpetrator gets a ludicrous sentence for the taking of life while not having the personal responsibility to control their behaviour, especially in terms of being under the influence of alcohol or drugs—that can only be described as insult added to injury. I therefore very much welcome that amendment.

On Amendment 63, can the Minister find some common ground between the noble Lord, Lord Rosser, and noble Baroness, Lady Randerson? Both their points seemed to me to carry weight.

Not stopping after a collision can lead to the serious deterioration of an injury where the other party is unable perhaps to summon help. The situation is seriously exacerbated if someone drives away without reporting it.

Finally, I make a small point about e-scooters. This occurred to me only this evening, when driving here, and then listening to the noble Baroness opposite. Somebody pulled out in front of me on an e-scooter, and the real problem was that any light it might have had was below the bonnet or even wheel of the vehicle behind—even if it was there in the first place. There was no lighting or reflective clothing on this person above shoe level, and none on the helmet; it is completely impossible to see somebody like that, and it gave me a terrific start. I could so easily have seriously damaged this person; it would not really have been my fault, but I would have felt profoundly disturbed by it. That is just a small point that the Government might want to look at in due course.

[Baroness Jolly (LD)]

My Lords, I declare my interest, as I am president of RoSPA. I shall make a few quick points. I took my driving test in 1975, and in 2005 I had a job with a brand new shiny car that went with it, which was lovely. The organisation that I worked for insisted that every member of that organisation who had a car had to spend a whole day a year having a lesson with a driving instructor. It was amazing. I had completely forgotten an awful lot, and I learned even more. It made me very much more aware of all these issues that we are talking about now—and I see several heads nodding, so perhaps there is a certain amount of empathy with that.

On the point of bridges and signage, the other issues that we are not including in this measure is that a majority of cars these days have a GPS system incorporated. Why do they not have the height of bridges programmed into the GPS so that, as they drive towards the bridge, the height comes up, and lorry drivers can see that they are not going to get under it and stop? Those are the small points that occurred to me—although this is completely not my field—as noble Lords were debating these issues.

--- Later in debate ---

[Lord Rosser (Lab)]

I well remember the debates that we had on this issue shortly after Scotland decided to reduce the drink-driving limit in 2014. My recollection was that the Government were in effect saying, “We want to wait and see what the outcome is in Scotland”, while others were saying, “Why wait to see what has happened? Why not just proceed and lower the limit to the same level as Scotland has done?”—which, as has already been said, would be in line with most other countries. The Government held their line that they wanted to wait for evidence from Scotland and would then look at the matter. I may be wrong, but I think that there was a general feeling that if it had had an impact on reducing drink driving in Scotland, the pressure would have been quite considerable on the Government to move, as far as this country was concerned.

Not all the suggested difficulties that might have arisen from reducing the limit in Scotland actually materialised. My understanding is that there was not a significant impact on pubs and restaurants, which is one thing that was said. We did not end up, as I understand it, with the police and the courts in Scotland being overloaded. My understanding—although obviously I will stand corrected if I am wrong—is that the lower limit was generally accepted by the public in Scotland. But it did not have the impact that many of us hoped it would have as far as drink-driving in Scotland was concerned. As I understand it—once again I will stand corrected if I am wrong—there have been academic studies by Bath University and Glasgow University that rather confirm that situation.

This is clearly an important issue and it needs looking at. There must be some logic in saying that one would have expected that reducing the drink-drive limit would have an impact on the level of such driving, to the benefit of us all—but it does not seem so far that it has had a great effect on the number or severity of accidents in Scotland. Views have been expressed this evening about lack of enforcement and lack of publicity for the change as far as Scotland was concerned, but certainly Scotland is not providing a particularly robust evidence base at present, subject to further studies and a more robust evidence base—the noble Baroness, Lady Finlay, referred to issues concerning the figures. We need to look at all the factors that might contribute to making people safer, including, although it is only one, the level of enforcement, and the culture.

The Government have said that they are putting out what they describe as a wide call for evidence on a number of road safety issues. It is supposed to be starting in a month’s time. I hope we will be told that this will be a major one, because the question is repeatedly asked why we have a much higher limit than virtually everywhere else, and that surely the logic would show that if you reduce the limit you ought to get a benefit from that in a reduction in drink-driving.

So we welcome the call for evidence that the Government are making. I know that I cannot speak for all my colleagues in saying this, but we accept that the evidence from Scotland is not showing that the change has had the effect many of us thought it would have. There may well be reasons for that and perhaps that needs further investigation and study, but our view is that, as long as the Government commit to look at this seriously in the review that is being undertaken and the call for evidence on a number of road safety issues, we should not vote on this issue immediately but wait for that further review. However, we have heard points raised quite validly about whether this review will go on and on, or whether it will be conducted within a reasonable timescale to enable decisions to be made that could involve further legislation.

The Government need to say what plans they have to bring down the level of drink-driving. One hopes that that will emerge from the review that is being undertaken and that the course of reducing the limit might well be part of it. In the meantime, we will wait for this call for evidence and the outcome of the review. We want some understanding that it will be conducted within a reasonably speedy timescale. In the meantime, we could not support the amendment that my noble friend Lord Brooke of Alverthorpe has moved if he decided to push it to a vote.

[Lord Berkeley of Knighton (CB)]

My Lords, like the noble Baroness, Lady Randerson, I would have some concerns about Amendment 62 and what that might lead to in terms of random breath testing. I am sure that the noble Lord, Lord Paddick, would have some thoughts about that.

I will say just one thing on the principal amendment. I thought what the noble Baroness, Lady Finlay, said was very enlightening and I do not think we can totally ignore it. The Government’s slogan, on which they have spent a great deal of money, is “Don’t drink and drive”. It is not “Drink less and drive”. So I would have thought that anything that hammers that home could be only a good thing.

Police, Crime, Sentencing and Courts Bill

Lord Berkeley of Knighton Excerpts

Committee stage
Wednesday 24th November 2021 Lords Chamber

There are philosophical and practical questions that need to be carefully considered outside the heated atmosphere of the Commons and the atmosphere in this place when we are reduced to debating these things in far too short a time. I strongly support my noble friend’s amendment; we have to move in this direction somehow, and soon.

[Lord Berkeley of Knighton (CB)]

My Lords, I fear that I am going to venture still further on to the shores of Utopia. Having listened to the amendment of the noble Lord, Lord Thomas, and indeed earlier amendments, and recalling my days, many years ago, working in a hospital and then for the Koestler Trust—which takes art into prisons—I could not help thinking of how both in hospital and in prison, and for police officers, huge time is taken up dealing with people who should simply not be there. This has been said a lot, and it will go on being said.

My Utopian contribution to this debate is that, really, we need another agency to deal with people who are mentally ill, thus taking time off the work of the police, who are often tied up for hours trying to sort out what to do with somebody who is mentally ill. Think of the doctors and nurses in A&E who are constantly dealing with mentally ill people and people who are addicted to drugs or alcohol, and also of the prison officers who are trying to deal with similarly afflicted people. My feeling is that maybe, one day, it will happen. It probably is Utopian, but we need a third agency to take the stress off police officers, prison officers and those working in the National Health Service.

Police, Crime, Sentencing and Courts Bill

Lord Berkeley of Knighton Excerpts

Lords Hansard - part two & Committee stage
Wednesday 20th October 2021 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I am very happy to discuss Amendment 12, moved by the noble Lord, Lord Paddick. It is really interesting and certainly gives us cause to think about the issues he has raised about special constables being members of police forces in England and Wales, as they are in Scotland. It will be interesting to hear the Minister’s response as to why that is not appropriate, or whether the legal difference between England and Wales and Scotland with respect to specials is an important difference and there is some logical reason for it. It is certainly something for this Committee to think about. We are grateful to the noble Lord, Lord Paddick, for bringing this amendment forward.

We also very much support the provisions in Clause 3, which allow special constables to join the Police Federation. This is a long overdue change, so the Government are to be congratulated on bringing that forward.

It is really important for us to put on record—given that our proceedings are read by many outside and watched by others—what will be the Committee’s unanimous view of the importance of specials and the work they do. All, or many, of us will have been out with our local police forces on the beat. I have at times been out with the specials. It is important to remember that, when a special turns up at an incident in a uniform, with the full powers of the police constable, the people to whom he or she is going do not ask them whether they are a special or whether, because they are special, they do not somehow put themselves in danger in the same way that a full-time police officer would. They are just grateful that a police officer—a uniform—has turned up to support them.

It is really important for us to state in this Committee debate that we support the specials and value the work that they do across communities up and down the country. It is also worth reiterating the evidence given to the Bill Committee in the Commons by John Apter, who said that special constables

“stand shoulder to shoulder with my colleagues. They have exactly the same powers and they carry exactly the same risks.”

In that short phrase, John Apter has completely summed up our view of the work that they do. Alongside that, Chief Superintendent Paul Griffiths, president of the Police Superintendents’ Association, said that special constables

“epitomise the relationship between the public and the police”.— [ Official Report, Commons, Police, Crime, Sentencing and Courts Bill Committee, 18/5/21; col. 26.]

It is important, in this short debate on the amendment, to put that on the record. I know it will be the unanimous view of the Committee, but I am also interested in the noble Baroness’s response—sorry, the Minister is the noble Lord; I will get it right. I have been in the Commons for a long time and it takes a little while to get used to—I am nearly there.

The amendment from the noble Lord, Lord Paddick, raises an important issue on which we need some clarification, and I look forward to the Minister’s reply.

[Lord Berkeley of Knighton (CB)]

My Lords, I want to amplify one point made by both previous speakers. I am sure that the Minister would agree that what we want to do in the police force—all parts of the police force—is to encourage recruitment. The feeling that one has standing encourages that enormously. I would just like to make this point: we want to encourage recruitment, and therefore if police special constables feel that they are part of the police force, they are more likely to join and stay.

[Lord Sharpe of Epsom (Con)]

My Lords, I am grateful to the noble Lord, Lord Paddick, for explaining his amendment. Before I get on to dealing with this amendment, I want to say that I was very moved by the noble Lord’s earlier comments. In the interests of full disclosure, I should declare that I was an inspector in the Royal Hong Kong Police. That is where I started out; I can confirm that one never forgets the smell of a mortuary.

Amendment 12 effectively seeks to dispense with the need for Clause 3 by ensuring that, for all purposes, special constables are treated in law as members of a police force. Our professional and dedicated special constables increasingly carry out a range of specialised and front-line roles in their mission to keep us and our communities safe, as the noble Lord, Lord Paddick, noted. He also made some very relevant points about the technical skills that they can bring. They often face the same risks as regular officers while on duty; they deserve the same protection and support as regular officers where appropriate. That is why, through the Bill, we are enabling special constables to become members of the Police Federation, should they wish to do so.

Having been subject to long-standing separate regulation in England and Wales, the distinct nature of special constables is recognised in law with clearly defined benefits that result directly from this separate status. In contrast, legislation in Scotland has long included special constables as “members of police forces” and has been drafted to take this into account. It would not be appropriate for special constables to have access to the same conditions of service, or indeed face the same restrictions, that legislation confers on regular officers. Including special constables in the existing definition of “members of police forces” would have that effect. Legislation on the pay and pensions of “members of police forces”, for example, is not relevant to special constables, who are unpaid volunteers, choosing to give up their free time to help strengthen our police forces. As warranted officers, special constables in England and Wales hold the office of constable and are therefore already included in the term “constable”. This means that, where legislation confers powers on a constable, they will also be exercisable by a special constable.

The noble Lord, Lord Coaker, mentioned how we value special constables, as did the noble Baroness, Lady Harris. I will digress briefly to set out what the Home Office is doing to recognise and support the special constabulary. The Home Office has raised the profile and status of the annual Lord Ferrers Awards, which recognise the outstanding contribution of volunteers in policing. We have consulted on proposals to extend the eligibility of the Queen’s Police Medal to special constables, along with proposals to lower the service threshold for bars to the Special Constabulary Long Service Medal from 10 to five years. Those proposals could support the retention of highly committed volunteers who may, for example, be incentivised by an award that recognises more realistically the length of service volunteers are able to provide and their ongoing commitment to public service. I hope that this also answers something of the question from the noble Lord, Lord Berkeley, about recruitment.

The noble Lord, Lord Coaker, referred to John Apter, chair of the Police Federation. I note that he started out as a special constable, which I suppose, by implication, suggests that that is a route into becoming a regular police officer.

For those reasons, we consider that this amendment is not necessary and could cause confusion to the status of special constables, which the law recognises as distinct from regular officers. Further, this amendment could have unwelcome, unintended consequences, for example by applying pay provisions to volunteers. I hope that, in light of my explanation and assurance, the noble Lord, Lord Paddick, will be content to withdraw his amendment.

Strategy for Tackling Violence against Women and Girls

Lord Berkeley of Knighton Excerpts

Thursday 22nd July 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My noble friend raises an important point and IICSA is currently looking into some of the institutional abuses that took place in the past. We absolutely recognise that men and boys experience these crimes. That is why the Home Office is funding the men’s advice line run by Respect, which advises male victims of domestic abuse, and the Galop helpline, which provides support to LGBT victims. In addition, as part of the VAWG strategy, the Home Office has committed this year to increasing funding by £1.5 million for by-and-for service provision for victims of violence against women and girls, including by increasing the £2 million specialist fund recently launched by the MoJ with Comic Relief. This will build the capacity of smaller, specialist by-and-for organisations, supporting survivors of domestic abuse and sexual violence who are also from ethnic minorities, are disabled or, indeed, are LGBT.

[Lord Berkeley of Knighton (CB) [V]]

My Lords, while not disagreeing at all with the concerns expressed by the noble Lords, Lord Rosser, Lord Paddick and Lord Hayward, especially where rape is concerned, may I sound a more positive note just for a moment? I am sure the Minister would agree that there are beacons of hope to light the way forward on which we should build. The Home Office-sponsored Barnardo’s Cymru domestic abuse scheme is a whole-family approach that allows both parents and child victims to receive support while the perpetrators of abuse take part in rigorous programmes designed to change behaviour, rebuild relationships and keep families safe. Moving statements on BBC Wales yesterday from all the parties involved attested to the success of this approach. Is this not the way forward where domestic abuse is concerned?

[Baroness Williams of Trafford (Con)]

I must whole- heartedly agree with the noble Lord. Clearly, a whole-family approach, where the perpetrator acknowledges what they have done and wants to change their behaviour, is absolutely the right way to go. Often, a multiagency approach will work, but I want to join him in commending Barnardo’s for the tremendous work it does in this area.

Abolished Offences

Lord Berkeley of Knighton Excerpts

Wednesday 9th June 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

As I said to the noble Lord, Lord Collins of Highbury, our commitment to this has not diminished, despite the fact that it has taken time. When I was the Equalities Minister I was, and remain now, committed to equality, and the Government remain committed to equality. I am very proud of what the Conservative Government have brought forward to advance equality.

[Lord Berkeley of Knighton (CB) [V]]

My Lords, I am glad that the Government have chosen to celebrate the life and work of Alan Turing, for which we must all be grateful. But I think he would be disappointed to find the somewhat hypocritical stance that he is being celebrated while other people are still suffering from the stigma of this legislation. On a second point, I would prefer to see the word “disregard” changed to “quashed”.

[Baroness Williams of Trafford (Con)]

As a Mancunian, I have every praise and admiration for Alan Turing, who was one of many LGBT people to change the world. We do not want people being persecuted—that is precisely what we do not want—but we do not want unintended consequences from the laws that we make.