(4 days, 23 hours ago)
Lords ChamberMy Lords, I call the noble Lord, Lord Campbell-Savours, who is participating remotely.
My Lords, surely if we really want to reduce undocumented migrant movement pull factors, we should stop the emphasis on the resolution of conflict through costly military interventions that provoke worldwide population movements and plunder our development aid budgets. Is not the answer, in part, to more greatly resource third-world development, with measures to de-escalate conflict and—the holy grail—to re-examine the world’s commitment to the principle of prohibited intervention in failing states, as defined by the ICJ?
I will share part of my noble friend’s analysis, in that factors of war, poverty and starvation are driving migration from many parts of the world into western Europe. He will know that my right honourable friend the Prime Minister, and other European countries and international partners, are looking at what those driving factors are. Part of the overall strategy needs to be how we deal with poverty, hunger, starvation and the impact of war. There are times when the UK and other partners need to help and support interventions, but I take the first part of my noble friend’s question extremely seriously, and that is something our international partners are very focused on.
(1 week, 1 day ago)
Lords ChamberMy Lords, I do not intend, in a brief intervention, to argue the case for the Bill. I support the principles behind the Bill as set out; however, I do harbour some reservations as to the process of implementation. I want to concentrate my remarks on that process and in particular the Bill’s handling in this House and—hopefully in an amended form—on its return to the Commons.
After 43 years in Westminster, I have learned a simple lesson: legislate in haste and repent at leisure—there are too many precedents. I am worried that if we pass the legislation in a single session, in the period of implementation it will be subject to repeated attack as unforeseen problems arise. So I propose that we proceed on the following basis. The legislation should be the subject of annual renewal over a period of three years. There are a number of precedents in primary legislation for defined period renewal. For those who follow proceedings outside the House, they may well wish to look at the precedents. The Northern Ireland Act 1974 provided for annual orders on direct rule from Westminster. Section 17 of the Prevention of Terrorism (Temporary Provisions) Act 1976 provided for annual renewal powers, as did Section 13 of the Prevention of Terrorism Act 2005.
Then we have the provisions under the Imprisonment (Temporary Provisions) Act 1980. We also have Section 98 of the Coronavirus Act 2020, which required that the temporary, now devolved, provisions be voted on in Parliament every six months. I understand that attempts were made during passage of the Fixed-term Parliaments Act 2011 to introduce annual renewal, which the House later rejected. So the precedent is there.
Prior to annual renewal, dependent on how the renewal notice was drafted, the Government could introduce amendments to deal with problems identified during implementation of the legislation. On each occasion, Parliament could, if subject to statutory instrument approval, kill the legislation if it was dissatisfied with any proposed efficiency reforms. Equally, if Ministers failed to take renewal orders, the legislation would lapse. If satisfied, however, Parliament could renew. Yes, it is a steep hurdle, but controversial legislation on this scale needs some form of consensus. We need to heed the concerns of those who will support its provisions only in conditions of minimised opportunity for abuse.
Unlike many others, I am not convinced that the annual review by the Chief Medical Officer and the five-year review by the Secretary of State provide sufficient safeguards for Parliament to have a hand in dealing with potential public concerns. I hope to be tabling an amendment in Committee dealing with my concerns. I understand that my son, who is of a similar mind, will speak to such an amendment in the Commons if the opportunity arises.
(11 months, 1 week ago)
Lords ChamberThe noble Lord, Lord Campbell-Savours, is participating remotely.
My Lords, I welcome what my noble friend has said from the Dispatch Box, but is it not time, with a change of government, to put this story to rest by holding a comprehensive case review to examine all the papers? The instinct of the powers that be will be to leave well alone; however, an injustice remains. Cannot we, Labour, be the honest brokers who put this story to bed? Will Ministers give serious thought to my request for a specific inquiry?
I am grateful to my noble friend for his comments. If he reflects on what I said at the beginning of my Answer, I am approaching this with an open mind, and it takes time to reflect on those issues. The points he has made today are important, and I will reflect on those as part of my consideration of the issue raised by the noble Lord, Lord Lexden.
(1 year, 4 months ago)
Lords ChamberMy Lords, the noble Lord, Lord Campbell-Savours, is participating remotely.
My Lords, I congratulate the hugely experienced David Allen on his election as crime commissioner for Cumbria. With 47 million visitors to the Lakes annually and an associated increase in rural crime, will Ministers respond to his early call for resources to fund a major expansion in the automatic number plate recognition programme? We need it to cover our arterial road system, in particular the A66 and A69. As a matter of note, Vauxhall in London has more of these cameras than the entire county of Cumbria.
On resources, there are now over 149,000 police officers in England and Wales, which is a higher number than any time before. The Government have also confirmed a total police funding settlement of up to £18.4 billion next year, which is an increase of £842 million. On how the money is spent locally, the noble Lord will be aware that those are very much local decisions, but I hear what he says and he made some interesting points.
(1 year, 6 months ago)
Lords ChamberMy Lords, the noble Lord, Lord Campbell-Savours, is taking part remotely. I invite him to speak.
My Lords, why perpetuate the existence of these allegations by refusing to establish the independent review we have all called for for years? No one has ever produced a shred of evidence. The allegations are based on the early ranting of Carl Beech, a proven liar now languishing in prison. What possible benefit is to be gained by leaving on the table accusations that tarnish the reputation of a former British Prime Minister, over which historians will argue? I simply cannot understand the Government’s hesitation, and neither can anybody else I speak to.
The noble Lord obviously makes a good point, and I have just committed that we will certainly look into this. But, as he will be aware, there were a number of forms of scrutiny during the investigation. There was an independent scrutiny panel to ensure proportionality. There were two reviews by Operation Hydrant, in September 2016 and May 2017, which concluded that the investigation was proportionate, legitimate and in accordance with national guidance. There was a review in January 2017 by HMICFRS, as it was then, into whether the resources assigned to the investigation by the Home Office were being deployed in accordance with value for money principles. In November 2017, the PCC referred two matters concerning the then chief constable to the IOPC. This has been extensively looked at by external and independent bodies already, but we will, as I say, look into the possibility or viability of other reviews.
(1 year, 10 months ago)
Lords ChamberMy Lords, the noble Lord, Lord Campbell-Savours, is participating remotely.
My Lords, is not the news that the Northern Ireland Assembly is amending the law on anonymity in rape cases to be greatly welcomed? If the law in England had been similarly amended, it is highly unlikely that the injustices in the cases of Sir Edward Heath, Lord Leon Brittan, Sir Cliff Richard, Mr Harvey Proctor and Mr Paul Gambaccini, and in the Janner case, would ever have arisen. Is it not time to reopen the debate on pre-charge anonymity in the rest of the United Kingdom?
The noble Lord is quite right that these new laws have come into force in Northern Ireland, but the authorised professional practice guidance on media relations, issued by the College of Policing, already makes clear that the police
“will not name those arrested or suspected of a crime, other than in exceptional circumstances where there is a legitimate policing purpose to do so”.
In May 2018, the college updated this guidance to make it clear that it applies where allegations are “made against deceased persons”.
(2 years, 3 months ago)
Lords ChamberMy Lords, the noble Lord, Lord Campbell-Savours, is contributing remotely.
My Lords, why can we not have anonymity in accusations of sexual offences, particularly rape? They are a special category of criminal offence where the reputations of the innocent can be destroyed, even by chief constables like Mike Veale. The law is unfair, and I have raised this issue repeatedly over the years. I too congratulate the noble Lord, Lord Lexden, on his unrelenting campaigning on this issue; the House is deeply indebted to him.
Obviously that strays well outside the remit of this Question and the department, but I will make sure that the noble Lord’s reflections are taken back to the appropriate people.
(2 years, 8 months ago)
Lords ChamberTo ask His Majesty’s Government what plans they have to revise the (1) employment contracts, and (2) disciplinary regulations, for police officers.
My Lords, police officers hold a unique position in society and are therefore protected by a unique set of terms and conditions, which are enshrined in legislation. Regulations are updated regularly following consultation with policing stakeholders, and the Government have no current plans to revise that approach. In October, the Government announced a review into police officer dismissals, ensuring that the system is fair and effective at removing those who are not fit to serve.
My Lords, we have a virtual contribution from the noble Lord, Lord Campbell-Savours.
My Lords, following Metropolitan Police Commissioner Sir Mark Rowley’s powerful expression of concerns over the handling of police misconduct allegations and the need to sack the worst offenders—as well as similar comments from the formidable noble Baroness, Lady Casey, on the need for early dismissals, and, more recently, the shocking revelations from the noble Baroness, Lady Burt, about the six-stage, year-long police officer dismissal process—can the Minister explain why the whole police disciplinary procedure cannot be reviewed in line with those of other professions? With the worst cases, dismissal should come first. More widely, there should be a speedier appeal procedure.
My Lords, as I have just said, we announced a review into that in October. The terms of reference are under active discussion and will be published in the near future. I will just correct the noble Lord: there are not six stages to the dismissals process; there are actually only three in the performance regulations, but officers can appeal against the outcome of those stages. Accelerated hearings are often missed, but if there is sufficient evidence of gross misconduct and it is in the public interest for the individual to cease to be an officer without delay, the chief constable can hold or chair accelerated misconduct proceedings.
(2 years, 8 months ago)
Lords ChamberMy Lords, the noble Lord, Lord Campbell-Savours, is participating remotely.
My Lords, in light of the recent speech of the noble Baroness, Lady Burt, when she revealed the six-stage process governing disciplinary actions against police officers—I was shocked—should not the process be revisited in the way she and others are now suggesting? How can there be confidence in systems that protect rogue police officers, and their pensions, delay justice with prolonged processes, offer extended leave and rewards—[Inaudible]—Mike Veale, with further appointments? The Daily Mail should be thanked for its excellent reporting of these matters.
My Lords, it might help if I go into detail on the barred and advisory lists. Since December 2017, any officer, special constable or member of police staff dismissed is placed on the police barred list, preventing them rejoining policing in the future, and that includes PCC offices. Any officer who retires or resigns during a gross misconduct investigation, or before an allegation comes to light, is placed on the police advisory list. PCCs must consult the advisory list before appointing an individual, although inclusion on the list does not necessarily preclude employment. It will be for the PCC to assess.
(3 years, 9 months ago)
Lords ChamberMy Lords, I am privileged to be a member of the Joint Committee on Human Rights, and these amendments—there are at least seven in my name—are based on its reports, so the Government have been fully warned of what we are going to say, because they have had those reports before them. This group of amendments is probably the substance of a whole Bill in themselves and it is very difficult to keep one’s remarks short. I should just say that I picked up a message about us on my phone, saying “Everyone looks knackered”. I just pass on that comment from the wider public.
Before I get to the substance of the amendment, I should make it clear that I have been on a large number of demos and protests over the years, even against Labour Governments. The most recent ones have been on child refugees in Parliament Square, and outside the Foreign Office in support of Richard Ratcliffe, who was on a hunger strike to try to get his wife out of imprisonment in Iran. I should add that, when I was a Minister in Northern Ireland, there were demos against me for what I was doing or failing to do. So I have had some experience of demos on all sides. I do not know whether that gives me much authority to speak, but at least I have had the experience. When I talk about not making noise on demos, I speak from the experience of having made a lot of noise on demos, because it is the thing that keeps one going and that attracts attention.
Let me get to the substance of this. I repeat that I am speaking to at least seven amendments, but I will try to be as brief as possible. The first is to do with the trigger for imposing conditions on processions and assemblies in England and Wales. A lot of what I want to say is about the trigger and the adverse effect that it will have. Articles 10 and 11 of the ECHR guarantee the right to peaceful protest, and any interference with non-violent protest is therefore an interference with those convention rights. That is absolutely clear and it is why the Joint Committee has taken such a firm stand.
Any restriction on the right to protest that targets noise is a particular concern, as it strikes at the heart of why people gather to protest. Larger and well-supported demos are much more likely to be louder. Therefore, restrictions on noise could disproportionately impact demonstrations that have the greatest public backing, which would be a perverse outcome.
The Joint Committee on Human Rights heard from witnesses who suggested that restrictions on protests based on the noise they produce pose
“an existential threat to the right to protest.”
One witness told us that protests
“lack value and are pointless if they cannot be heard and seen”.
I speak from experience. Perhaps not the demo outside the Foreign Office recently in support of Richard Ratcliffe’s hunger strike, but every other demo that I have been on has been about noise and having our voice heard, whether it is has been on marches or in Parliament Square when we have talked about child refugees. This is absolutely fundamental.
The second aspect is that the new noise trigger proposed in the Bill would allow for restrictions on peaceful protest to prevent the intimidation or harassment of “persons in the vicinity” suffering
“serious unease, alarm or distress”.
That is significant. Preventing intimidation and harassment, which are already criminal offences, would fall within the legitimate aim of preventing crime and disorder. However, the inference with Articles 10 and 11 of the ECHR, which refer to people being involved in making noise that causes alarm or distress—particularly noise that causes “serious unease”—can reasonably be justified only on the basis of
“the protection of the rights and freedoms of others.”
The proposed new noise trigger also puts considerable responsibility on the police officers responsible for the decision whether to impose conditions. The conditions on public processions and assemblies represent a restriction on the right to protest that is not necessary in a democratic society. The amendment would remove the proposed new trigger.
I also refer to the effect of the trigger on a protest by a single person, as is specifically itemised in the Bill. Clause 61 extends the proposed new trigger based on noise generated by protest to cover protest by a single person, in addition to assemblies of two or more or processions. What can a single person do to disrupt good order? A single person would still be exercising their right to free expression under Article 10 of the ECHR. For the reasons given above in respect of Clauses 55 and 56, the Joint Committee on Human Rights opposes the introduction of the new trigger as an unjustified interference with this right. We also noted in our report that
“a single protester has less ability to produce seriously disruptive noise than a large assembly or procession.”
That is pretty evident, is it not? It should be added that existing criminal offences dealing with whether the noise crosses the line and becomes harassment or a threat to public order are available and easy to use against a single protester.
I turn to the question of awareness about the conditions that may be imposed and how they will impact on demonstrators. The Bill seeks to prevent demonstrators who breach conditions imposed on processions and assemblies avoiding prosecution on the basis that they did not know that such conditions were in place. However, it goes too far, sweeping up those who breach conditions of which they were genuinely and innocently unaware.
Amendments 309 and 312 would prevent this, ensuring that only those who know that conditions have been imposed on a demonstration or avoid gaining knowledge of the conditions deliberately and recklessly can be prosecuted for breaching them. A breach of conditions imposed by the police may justify a prosecution, but the potential penalty for a non-violent offence of this kind must not be disproportionate. An overly severe penalty may have a chilling effect on those considering exercising their right to protest. For this reason, Amendments 311 and 312 would remove the increased sentences proposed in the Bill, which seems a moderate suggestion indeed.
I will move on to the proposal to penalise people who “intentionally or recklessly” cause “public nuisance”. The Bill introduces a new statutory offence of
“intentionally or recklessly causing public nuisance”,
which was previously an offence under common law. The committee reported:
“We are seriously concerned that, as currently drafted, the public nuisance offence may be used to criminalise non-violent protest that would be protected by Articles 10 and 11 of the ECHR. The offence would catch not only individuals who cause ‘serious annoyance’ or ‘serious inconvenience’ to the public but also those who create a risk of causing serious annoyance or serious inconvenience.”
It went on:
“It is not entirely clear what behaviour the Government and police are trying to tackle with the new offence”
that would not already be tackled by existing legislation. That runs through a lot of the difficulties we have had: the existing legislation is there, but the Government simply want to take it further.
The report says the new offence runs the risk of being
“used as a catch-all offence because of the wide range of conduct it covers.”
The JCHR has
“serious concerns about the new offence being included in Part 3 of the PCSC Bill, especially given the broad drafting which would catch non-violent protest. Protests are by their nature liable to cause serious annoyance and inconvenience and criminalising such behaviour may dissuade individuals from participating in peaceful protest.”
A protest must make an impact; it must be heard and seen, otherwise what is the point of a protest? Yet the Government seek to penalise what is a legitimate democratic activity. Under the current law, as I have said, there are a plethora of offences already available to the police.
The report says:
“The essence of the public nuisance offence is causing harm to the public or a section of the public. However, as drafted, the offence is confusing and could be read as meaning the offence is committed where serious harm is caused to one person rather than the public or a section of the public. This does not achieve clarity for either the police or protesters. The current drafting also risks the offence being broader than the common law offence it replaces.”
I am going to move on quickly. There needs to be a balance of rights between protesters and the public. I think that is accepted in the European Convention on Human Rights but is not something that runs through the drafting of the Bill. The report says:
“Current rhetoric around protest … focuses on discussions about ‘balancing’ the rights of protesters against the rights of members of the public … Whilst protests may cause inconvenience”—
and I fully accept that they may—
“they are also fundamental in a democratic society to facilitate debate and discussions on contentious issues and this is of value to the public generally … Whilst the ECHR provides that protests can be limited in order to protect the rights of others, any restriction of the right is only lawful if it is both proportionate and necessary.”
It is my contention that, throughout the Bill, the measures are not proportionate and many of them are not necessary.
Public authorities, including the police, are under a negative obligation not to interfere with the right to protest lawfully and a positive obligation to facilitate peaceful protest. This amendment would introduce a specific statutory protection for the right to protest and sets out the negative and positive obligations of the state in relation to protest. I beg to move the amendment—and I hope we are not all looking knackered.
My Lords, I am not a lawyer, and I have not been briefed to speak; I am only following my instinct. I have not intervened earlier in these proceedings because it is difficult remotely to pick up on the cut and thrust of a debate on issues that command strongly held views. This debate will inevitably draw on strong feelings this evening.
I will concentrate my remarks on one amendment, Amendment 293, moved by my noble friend Lord Dubs, who has spent a lifetime promoting issues of freedom and liberty. The amendment as currently worded, along with associated amendments, is an attempt to weaken provisions in parts of the Public Order Act 1986. My noble friend is well aware of my reservations, in that while Amendment 293 would further restrict a public authority’s power to limit the right to protest, it would still leave the door open for the prevention in advance of disorder, as referred to in subsection (3)(b) in the proposed new clause in the amendment. As I understand it, both would remain in breach, chargeable under highways and public order legislation.
It is at that point that I part company on the amendments. For me, liberty and freedom in this context must stand at the heart of the law. I am talking of the freedom to demonstrate, to object and to peacefully oppose—indeed, simply to say, “No, not in my name”. Under the provisions proposed for the Bill, they are all to be further subject to the approval of a statutory authority in the form of a mere mortal police officer acting on behalf of the state. As I understand it, it is a police officer who would be deciding on whether a liberty, in the form of a demonstration, could be deemed to be excessively disruptive potentially—yes, potentially. I can never accept that.