Serious Crime Bill [HL]

Lord Berkeley of Knighton Excerpts

Tuesday 15th July 2014 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, the Minister will know that I have spoken on this subject several times in the House and asked Questions on it.

Female genital mutilation is one of the most shocking things that is happening in our society. I would very much like to endorse the words of my noble friends and anything that brings home to the general public the seriousness of this offence. At this very moment, in our country young girls are having their genitals mutilated. It is the most appalling thought. Anything that can be done to strengthen the law; anything that can make people realise how very seriously the Government take this issue, which I know they do; anything that can be done should be done.

[Baroness Bakewell (Lab)]

My Lords, I would like to add my support for this amendment and perhaps add a story of my own. This is not a new issue. As long ago as the 1990s, I made a television programme exposing the practice of female genital mutilation, which went out in prime time on BBC television’s first channel, BBC1. It was quite explicit and voiced the alarm of Somali women themselves, who explained to me that the perpetuation of this practice resided with the grandmothers in their community who felt that what was good enough for them should be imposed on their children. It was the mothers who remembered their own experience who were eager to have that change for their children. It has not yet happened. Getting this accepted is a disgraceful slow process.

The explanation lies in the fact that, in the 1990s, we were very aware of multiculturalism and the need to respect other cultures. It beggars belief now, but at the time we felt that, if that was their culture and their tradition, then so be it; we felt that we were not in a position to feel superior. We have come a long way, but we have not come far enough. It is time to press forward with this and not to go on talking about it.

Hillsborough

Lord Berkeley of Knighton Excerpts

Wednesday 12th February 2014 Lords Chamber

[Lord Taylor of Holbeach]

My own commitment to freedom of information is that I am the Minister responsible for freedom of information within the Home Office, and I take that role very seriously. Noble Lords will understand that there are sometimes genuine conflicts between a wish to be transparent and open and to put material in the public domain and the efficient achievement of justice, with the impartiality of evidence. Premature revelation of facts that perhaps should not be revealed might pose threats to the admissibility of evidence.

I understand totally where the noble Lord is coming from and acknowledge the importance of the Freedom of Information Act, which I would like to believe has enhanced public life. However, there are occasions when perhaps it is unwise to challenge decisions made in good faith. I will certainly report the matter back to the Home Secretary. As I say, I am meeting her this afternoon, and I shall report back on the question that the noble Lord asked.

[Lord Berkeley of Knighton (CB)]

I congratulate the Government and express my sympathy to the families involved. There is one other wider point of importance that comes out of this, which the Minister touched on. I wonder whether he would agree with me that even since Hillsborough and with the lessons that we have learnt, many people distrust bodies investigating themselves and other bodies investigating bodies that are only remotely removed from them. If one marvellous thing could come out of this it would be that, by pursuing the truth in the way the Minister has mentioned, the public might begin to get greater confidence in investigations into wrongdoing.

[Lord Taylor of Holbeach]

The noble Lord, Lord Berkeley, makes a good point on this area of public confidence in the police, in particular. This is a policy area within the Home Office currently which we are taking very seriously. Noble Lords will know that the College of Policing has been set up. A code of ethics is part and parcel of its immediate mission statement. It is very much in the interests of a country that is dependent upon policing by consent that that consent can be given in confidence that the police are acting genuinely in the interests of the public, not of themselves. I could not agree more with what the noble Lord said.

Anti-social Behaviour, Crime and Policing Bill

Lord Berkeley of Knighton Excerpts

Tuesday 14th January 2014 Lords Chamber

[Lord Taylor of Holbeach]

I have always been cautious about taking the latter point that the noble and learned Lord, Lord Hope of Craighead, has made. I always appreciate the noble and learned Lord’s contributions, but just putting something on the statute book because it might work is probably not a particularly good way of going about things.

Having said that, the Government are serious about evaluating this issue. We know that it has been rather disappointing in Scotland—I think the noble and learned Lord would know that from his own experience—and I gave some illustration of that. It may not be the solution, but it is certainly a possible solution, and I urge the House to allow the Government to evaluate that in a proper fashion.

[Lord Berkeley of Knighton (CB)]

My Lords, if I may make one small point—

[Lord Ahmad of Wimbledon]

I remind the House that we are on Report and that, after the Minister has spoken, unless it is a point of clarification or elucidation, normal convention is that there are no further interventions.

Anti-social Behaviour, Crime and Policing Bill

Lord Berkeley of Knighton Excerpts

Wednesday 8th January 2014 Lords Chamber

[Lord Faulks]

The objection is that there is a risk that the hurdle will be too high and that the judge will say, “This is extremely anti-social behaviour and I profoundly sympathise with the individual but, looked at under the definition of harassment, it does not go quite that far”. That behaviour could be completely ruinous of an individual’s life, but perhaps not have that quasi-criminal description that the substitute definition has.

[Lord Berkeley of Knighton (CB)]

Would “distress” not cover that?

[Lord Faulks]

The greater test will always include the lesser, but areas that may or may not be considered by a court to get over that hurdle may be profoundly distressing in the non-technical sense to the individual but may not be regarded as sufficiently distressing to come within the definition. There is inevitably a degree of vagueness about any definition, whether you choose the one that the Government choose or the one proposed in the amendment. But I fear that the test is too low.

Female Genital Mutilation

Lord Berkeley of Knighton Excerpts

Thursday 28th November 2013 Lords Chamber

Asked by

[Lord Berkeley of Knighton]

To ask Her Majesty’s Government why there have been no prosecutions for female genital mutilation.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con)]

My Lords, there are many barriers to prosecuting cases of female genital mutilation. Evidence suggests that the young age of the victims, and pressure from family and the wider community, lead to many cases going unreported. However, I am greatly encouraged by the commitment of the police and the Crown Prosecution Service to overcome these barriers, and by the Director of Public Prosecution’s assessment that it is only a matter of time before a perpetrator is brought to justice.

[Lord Berkeley of Knighton (CB)]

My Lords, it is welcome news that there is very likely to be a prosecution, but we have to put this in the context that this practice has been illegal for more than a decade, an estimated 60,000 women in this country have suffered this barbaric practice and 30,000 young children may be at risk of it. I fear that we may be dealing with a cultural tradition. I know that this is a very difficult and sensitive subject, but there is no supporting medical or religious evidence for this practice. Therefore, we have to assume that we have perhaps been afraid of offending at the temple of cultural diversity. If at this very moment, for that reason, a woman is descending on some young girl with a razor blade to slice off her external genitalia, we have to ask ourselves: is this a price worth paying for cultural diversity?

[Lord Taylor of Holbeach]

Although this is a highly sensitive issue, I do not see that as the source of conflict. This is essentially a hearts and minds issue. The noble Lord identified that correctly. However, there is no lack of determination as far as the Government are concerned. My colleague in the Home Office, Norman Baker, is having a meeting on 5 December with the Crown Prosecution Service. The Health Minister, Jane Ellison, is having a meeting on Monday to see how her department can deal with this. I have to tell the noble Lord that he has grossly underestimated the legislative background to this. FGM has been illegal since 1985.