Lord Gardiner of Kimble debates involving the Home Office during the 2019 Parliament

Wed 20th Mar 2024
Mon 11th Mar 2024
Wed 5th Jul 2023
Wed 21st Dec 2022
National Security Bill
Lords Chamber

Committee stage: Part 1

Safety of Rwanda (Asylum and Immigration) Bill

Lord Gardiner of Kimble Excerpts
Lord Gardiner of Kimble Portrait The Senior Deputy Speaker (Lord Gardiner of Kimble)
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My Lords, before I call Motion B, it may assist the House if I say that Amendment 3B in the name of the noble and learned Lord, Lord Hope of Craighead, would be in lieu of Lords Amendment 2, and that his Amendment 3C would be in lieu of Lords Amendment 3.

Motion B

Moved by

Operation Conifer

Lord Gardiner of Kimble Excerpts
Monday 11th March 2024

(1 month, 3 weeks ago)

Lords Chamber
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Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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My Lords, in October 2018, the then Home Secretary, Sir Sajid Javid, wrote to Lord Armstrong following a meeting with him and other Peers to discuss Operation Conifer and related matters. In that correspondence, the then Home Secretary wrote:

“As I think you would agree, the real issue here is not so much Operation Conifer itself, but the inconclusive nature of its findings and what you describe as ‘the cloud of suspicion that … continues to hang over Sir Edward Heath’s memory and reputation’ … it is not clear to what extent a further review of the existing evidence by a judge or retired prosecutor would resolve this. It remains my view that the handling of this is properly a matter for the local PCC and that it would not be appropriate for me to seek to persuade him how he should go about it”.


That largely remains the case, and the current Home Secretary wrote in answer to a Parliamentary Question on 7 February that

“the Government has no plans to commission a review of either the conduct of the investigation … or the findings”.

We are aware of no direct precedent for the type of review that my noble friend calls for. However, I am happy to ask officials to look into this to see whether it is either possible or viable, and I will report back in due course.

Lord Gardiner of Kimble Portrait The Senior Deputy Speaker (Lord Gardiner of Kimble)
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My Lords, the noble Lord, Lord Campbell-Savours, is taking part remotely. I invite him to speak.

Lord Campbell-Savours Portrait Lord Campbell-Savours (Lab) [V]
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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.

Illegal Migration Bill

Lord Gardiner of Kimble Excerpts
Amendment 156 withdrawn.
Lord Gardiner of Kimble Portrait The Senior Deputy Speaker (Lord Gardiner of Kimble)
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My Lords, I must inform the House that if Amendment 156A is agreed, I will not be able to call Amendment 157 by reason of pre-emption.

Amendment 156A

Moved by
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Lord Gardiner of Kimble Portrait The Senior Deputy Speaker (Lord Gardiner of Kimble)
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My Lords, I cannot call Amendments 159 and 160 by reason of pre-emption.

Amendments 159 and 160 not moved.

National Security Bill

Lord Gardiner of Kimble Excerpts
I thank noble Lords for Amendments 43 to 45A, which seek to introduce reporting arrangements around disinformation and would require further controls on political process. I will set out in my closing remarks that it is the Government’s position that these amendments are not necessary. I look forward to the debate on these important issues but, for now, I beg to move.
Lord Gardiner of Kimble Portrait The Senior Deputy Speaker (Lord Gardiner of Kimble)
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My Lords, if Amendment 38 is agreed to, I will not be able to call Amendment 39 by reason of pre-emption.

Daniel Morgan Independent Panel Report

Lord Gardiner of Kimble Excerpts
Tuesday 22nd June 2021

(2 years, 10 months ago)

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Baroness Williams of Trafford Portrait The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
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I again join the noble Lords, Lord Rosser and Lord Paddick, not only in paying tribute to the family of Daniel Morgan but in their appreciation of the work of the panel.

The noble Lord, Lord Rosser, asked when the Metropolitan Police Service will respond to the Home Secretary. The Home Secretary has undertaken to update the House by the end of the year, so the answer to his question is “swiftly”. The noble Lord, Lord Rosser, talked about the obstruction in obtaining documentation. On the production of documentation and the funding required to carry out the work of the panel, the Home Secretary feels that the money and resources were sufficient to carry out the investigation. To date, some £16 million has been spent on this investigation.

On the relationship with the Home Office, I do not think that it has been smooth sailing. The previous Home Secretary, my right honourable friend Theresa May, set up the inquiry and it was never the intention that the relationship with the Home Office should be difficult. The Home Office has tried to assist the panel in whatever way it can.

I do not have to hand the terms of reference for the inspectorate, but I assume that that they would have been set up for the precise reason of ensuring that there is a full inspection. On the point of the term “and others”, I presume that one of the “and others” is the IOPC. On the duty of candour to be taken forward, as I said earlier, the Home Secretary will want to speak to the family and to progress matters after that.

I was asked by the noble Lord, Lord Rosser, whether the Government will ensure that such a tragedy and miscarriage of justice never happen again and that the police cannot get away with impunity. I said earlier that Section 35 of the Inquiries Act 2005 makes it an offence to commit acts that are intended to have the effect of distorting, altering or preventing evidence being given to a statutory inquiry, although this was not a statutory inquiry, and I understand that. However, it is an offence intentionally to suppress, conceal or destroy a relevant document.

On recent measures, the noble Baroness, Lady O’Loan, talked about historic failings. The investigations may be historic, but police corruption is something that the Government have focused on. The introduction of the code of ethics in 2014 went some way towards correcting it, as did the establishment in 2015 of a specific criminal offence of police corruption. I recall, because I took the legislation through the House, that measures to ensure that officers cannot resign or retire to evade accountability were brought in in 2017, as well as a barred list to prevent dismissed officers rejoining policing.

There are also last year’s reforms to ensure that misconduct investigations are more transparent and swift. Much work has been done by national policing to tackle corruption, particularly through the national action plan on abuse of a position for a sexual purpose. I know that HMICFRS is currently undertaking a follow-up inspection of all forces’ counter-corruption and vetting capabilities and, as I may have said earlier, the Home Secretary has asked HMICFRS to ensure an urgent focus on the Metropolitan Police Service.

Lord Gardiner of Kimble Portrait The Senior Deputy Speaker (Lord Gardiner of Kimble) (Non-Afl)
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We come now to the 20 minutes allocated to Back-Bench questions. I ask that questions and answers be brief so that I can call the maximum number of speakers.