Prison Suicides

Debate between Lord Henley and Baroness Farrington of Ribbleton

Monday 28th November 2016 Lords Chamber

[Lord Henley]

My Lords, I well remember my noble friend when he stood at the Dispatch Box answering for Her Majesty’s Government on these matters. He offered us a great many thoughts that ought to be taken on board and he is right to stress the important fact that it would be better if people never went to prison in the first place.

[Baroness Farrington of Ribbleton (Lab)]

My Lords, the Minister will have gathered that the majority view in your Lordships’ House is that the Government’s response to a desperate situation will be too little, too late. I asked his noble and learned friend Lord Keen to write to me when he justified the reduction of more than 4,000 officers by saying that prisons had closed. I asked him which benchmarks were being used to assess the number of prison officers needed. It is clear that many in your Lordships’ House think that the Government are not justifying the meagre increase mitigating the effects of their massive cuts. Will suicides, overcrowding and the reduction in staffing and lack of access to training be part of the Government’s new benchmarks? I await the answer from the Minister’s noble and learned friend as to what is used to calculate staffing levels, and which are the miraculous new benchmarks that seem to be leading to chaos in our prisons for the foreseeable future.

[Lord Henley]

My Lords, I have not had the pleasure of seeing the noble Baroness’s letter to my noble and learned friend. I will certainly make sure that it is answered as soon as possible and will make a point of having a look at it myself—but I hope that she will accept that, having not seen it myself, I cannot yet respond to it in detail.

Police: Reduction in Numbers

Debate between Lord Henley and Baroness Farrington of Ribbleton

Wednesday 23rd May 2012 Lords Chamber

[Baroness Farrington of Ribbleton]

My Lords, how many neighbourhood meetings, which the police hold regularly, has the Minister attended? Will he confirm my experience that what the public want is a police officer to respond when there is a difficulty, be it domestic, burglary or whatever? Mathematically, there is inevitably a relationship between the number of police officers employed and the response time to incidents, especially on a Friday and Saturday night.

[Lord Henley]

I am very grateful to the noble Baroness for talking about the need for the police to respond to individual and repeated complaints that come in. I refer her to the White Paper that we issued only yesterday, which makes it clear that we see it as vital that the police respond when complaints come in from the same individuals a number of times. That is why we talked about the community trigger in that document. The noble Baroness makes a very good point.

Abu Qatada

Debate between Lord Henley and Baroness Farrington of Ribbleton

Monday 30th April 2012 Lords Chamber

[Lord Henley]

My Lords, I can only repeat the answer that I gave to the noble Lord’s noble friend, Lord Hunt. I said that we have been in constant contact with the court, that all legal advice and legal precedents indicated that this was the case, and that the difference between the timing for the referral, which had to be within three months, and the timing for the judgment—that is, after—made it quite clear that midnight on the 16th was the moment in question.

[Baroness Farrington of Ribbleton]

My Lords, the Minister has not given the information on exactly when the court advised the Government that that was the date. He referred in his answer to my noble friend Lord Hunt to legal advice and general advice in correspondence with the court. What is the exact date on which the court in Strasbourg gave advice to the Government that the final date was the one which the Government used?

[Lord Henley]

My Lords, the point I was making, if the noble Baroness would be fair enough to listen to me, was that we had been in regular contact with the court on these matters. It was quite clear from precedent and legal advice that the case that I have put forward is the right one. Therefore we were satisfied that we were right to consider that the last possible moment for referral was 16 April at midnight.

Protection of Freedoms Bill

Debate between Lord Henley and Baroness Farrington of Ribbleton

Tuesday 13th December 2011 Grand Committee

[Baroness Farrington of Ribbleton]

Can the Minister clarify before the next stage of the Bill whether or not, in circumstances where a school were to decide to use this form of recognition for people entering and leaving the school premises, he thinks that there are many 14, 15 and 16 year-olds who would withhold consent in order that they can slip out in the lunch hour unknown?

[Lord Henley]

If it was a matter of getting in and out of the school, there would have to be some other provision—as with school meals and libraries and so on—by which they could get in and out. It would not just be by biometric data; it might be by a PIN or a smart card or whatever. But I will certainly look at the point made by the noble Baroness, who speaks, as I said, with such great experience in these matters.

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[Lord Henley]

My Lords, I can be quite brief on this. I start by agreeing with the noble Lord, Lord Rosser, that CCTV is a vital tool in fighting crime. I believe that the public and the police are generally supportive of its use. The provisions in the Bill build on that support and will, I hope, maintain public confidence in the use of CCTV. However, as we saw with Project Champion in Birmingham—the noble Lord will remember this—such confidence can be very rapidly undermined if CCTV systems are seen as spying on local communities, rather than as a tool that helps keep them safe and secure. Therefore, we propose that our code of practice—for which guidance is set out in Clause 29—will form a coherent framework that will enable the public to challenge any system operator over how and why they use CCTV. It will also assist operators in maximising the effectiveness of their systems.

Calling for an inquiry is not only a very expensive option, as suggested by my noble friend Lord Marlesford, at a time when we do not want to spend money on such things, but also adds very little other than delay to the proposed code of practice, which will help to ensure the right balance between protecting the privacy of the citizen and the security and safety of the public. Our approach is designed to make sure that those using CCTV do so appropriately, proportionately, transparently and effectively. I think that was broadly endorsed by the various responses to our consultation.

[Baroness Farrington of Ribbleton]

My Lords, the Minister helpfully referred to the responses. The Local Government Association develops guidance for member local authorities in many areas of activity. What was its view of this process for getting a code? Will it be fully involved in looking at how a code would work?

[Lord Henley]

I cannot at this stage remember precisely what the LGA’s response was. However, I can assure the noble Baroness—who, with her local government background, is presumably a distinguished former member of the LGA—that we will certainly want to listen to its views as we get that code of practice sorted out. The Secretary of State must prepare it, as set out in Clause 29. We want to make sure that it is appropriately, proportionately, transparently and effectively designed to ensure that the right approach is taken in dealing with these things and we get—dare I say it again—the balance exactly right. I believe that there is consensus that further regulation is necessary. However, there is also consensus that there should be no further delay in this matter.

I object to the amendment, although I am grateful to the noble Lord for tabling it because it is useful to discuss the code, because we want to move ahead with getting that code of practice right. We will consult not just the LGA on that but a great many other bodies. However, having the inquiry, as suggested by the noble Lord’s amendment, would not achieve much. It might be that other inquiries will take place later but, for the moment, we want to get the code right and that is exactly what we will do. I hope the noble Lord will feel able to withdraw his amendment.

Protection of Freedoms Bill

Debate between Lord Henley and Baroness Farrington of Ribbleton

Tuesday 6th December 2011 Lords Chamber

[Lord Henley]

My Lords, obviously at this stage I cannot define “recreational” as used by my noble friends in their amendments. It is not for me to define it; an explanation will have to come from noble Lords themselves as they move their amendments. The subsidiary point to that—the concerns expressed by my noble friend—may be best addressed by my noble friend Lady Hamwee’s comments when she talked about the difficulty of getting it down to just one or two words. She talked about the need to get this consultation, and the guidance ensuing from it, which is exactly right. I hope that my noble friend now accepts that that is what we are trying to do. That is why I want to make sure that the consultation is out before the next stage of the Bill. I see the noble Baroness, Lady Farrington, twitching to get up, so I shall give way.

[Baroness Farrington of Ribbleton]

Can the Minister give the assurance which I understood his noble friend Lady Hamwee was seeking? He used the term “proper supervision”. I understood the noble Baroness, Lady Hamwee, to say that there ought not to be anything stronger in the guidance than the wording in the Bill defining “supervision”. It would be very helpful if the Minister could give an undertaking that that fear is totally unfounded and ensure that his sense of “proper supervision” is defined as much in the Bill as in the guidance.

[Baroness Hamwee]

Perhaps I should see whether I can make myself absolutely clear. My concern was that primary legislation must trump guidance and that guidance cannot go further than the legislation. That is what I was trying to express.

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[Lord Henley]

The noble Lord seems to be suggesting that we get rid of the idea or the concept of supervision in its entirety. I simply do not accept that. I think there is a role here for making it easier for people to get involved, with the appropriate degree of supervision where necessary. I take it that the noble Lord does not agree with me on that and it might be that the noble Baroness, Lady Royall, does not agree with me on that: in which case, we will have to differ. We on this side see a role—and so do many other bodies outside—for the appropriate supervision to allow people to take on such a role. For that reason, I am not sure that a meeting on this matter would necessarily be fruitful.

[Baroness Farrington of Ribbleton]

There is a world of difference between close and constant, and occasional. There is a further concern that could be raised about those who are deemed to be in supervision. Were things to go wrong—and in the best of all possible worlds, there will tragically be such occasions—we must consider those who will be deemed to have been in a supervisory capacity, where they must rely on their judgment about the individual. Some people have referred to them as manipulative: they are deadly.

Furthermore, I refer to a quote in connection with a case involving a member of the Scouts. When I spoke to a young person who had come into contact with this predator, the young person said:

“We worked out that he was the one who looked for the child with no friends”.

I am concerned that if in the future we are going to rely on somebody being in a supervisory capacity, they need protection from any allegation at a later stage that they failed to supervise.

[Lord Henley]

My Lords, I think that we are moving away from what the amendments originally were about. There now seems to be a general attack on any idea of supervision at all. I am making it clear that we believe that supervision is appropriate but that it is just a question of getting that balance and proportionality right. For that reason, we think that we have got it right and that is why we will consult on the detail, which, as my noble friend Lady Hamwee made clear, was a matter more appropriate for the Bill. I do not think that I can add much more at this stage. I have dealt with the three subgroups of amendments within this group. I very much hope that my noble friend Lady Heyhoe Flint will withdraw her amendment and that the other amendments will not be moved.

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[Lord Henley]

My Lords, I thought that the noble Lord, Lord Rosser, had managed to silence the entire House, but the right reverend Prelate proved me wrong. I hope I will be able to respond to the remarks of the right reverend Prelate in due course.

I am grateful to the noble Lord for his explanation of Amendments 68 and 69, which make three substantive changes to the barring arrangements. First, they would reverse the change in Clause 67, which limits bars to those people who have been, are, or might in the future be engaged in regulated activity. The effect of this amendment would be that the barring regime would continue to extend to many people who do not work with, and do not intend to work with, children or other vulnerable groups. For example, a lorry driver or an office worker who has not worked with vulnerable groups and does not intend to would be barred from such work. We do not think that this fits with the purpose of the scheme and it does not accord with our aim of reducing the barring arrangements to common-sense levels.

Bars should continue to apply to those who have been engaged in regulated activity or who are likely to be so in the future. If an individual applies for an enhanced criminal record certificate or a barred list check, indicating that they may seek work in regulated activity, any automatic barring offences will be disclosed and referred to the barring authority at that point. In addition, enhanced criminal record certificates will continue to be available to employers of those working with children or vulnerable groups—including volunteers—and will provide information on previous criminal offences.

The second of the three changes that this amendment seeks to make concerns the category of offences that lead to an automatic bar, in relation to which representations can be made. Under the current arrangements, such representations can be made only after the person has been placed on a barred list. As a result of Clause 67, individuals would be able to make representations before the barring decision is made. Amendment 68 seeks to reverse that change, such that representations would still be made retrospectively. The provision in Clause 67 was made in response to a recent court ruling; but even if that were not the case, it seems to be a matter of basic fairness that representations about a decision should be considered when there is still a chance to influence that decision. Currently, someone may be barred, and even if that bar is revoked, they may already have been denied employment as a result.

The third change is that representations in both automatic and discretionary barring cases would be accompanied by the right to oral hearings. I do not consider that to be necessary. We have to remember that the Independent Safeguarding Authority is not a primary fact-gathering organisation but depends on information that comes from employers, regulators and others for its evidence. The person concerned may then submit representations about any or all of the evidence, which the ISA will evaluate fully. Once, having assessed all the evidence and the representations, it has determined whether the person ought to be barred, there is a final safeguard by way of recourse to the Upper Tribunal on a point of fact or law. Oral representations are not prevented under the current legislation, and the ISA will consider all requests on a case-by-case basis. We can debate the issue of oral hearings, but it seems inconsistent that the noble Lord wants to make this change while also seeking to revoke that more basic procedural change on allowing representations before the barring decision has been made.

Amendment 69 proposes that information about whether somebody is on the relevant ISA barred list should be made available on all enhanced criminal record certificates, regardless of whether the post falls within the barring regime. The Government’s position is that although there is a case to make such information available for a few specific cases falling outside regulated activity—such as applicants to foster or adopt a child—barred list information should otherwise be made available only for positions falling within regulated activity. This represents a very simple but important principle: barring by the ISA is about regulated activity and barring decisions are made in order to prevent people, by law, from working in regulated activity. They are not intended as a broader advisory tool for employers. An employer providing regulated activity needs to know if someone is barred, because they are then required by law to refuse that person’s job application. However, it is not relevant for an employer to know this when they are seeking to engage someone in non-regulated activity. Such information would only tell them that the person was barred from another area of work and making it available would be detrimental for potential employees—it is very likely that an employer in such a situation would refuse employment because they saw the word “barred”, even though the person may not represent a risk to any vulnerable people in that job. I do not believe that is a new principle. Under the existing arrangements, barred list information is not generally disclosed for positions falling outside regulated activity, so I am a little surprised that the noble Lord now advocates such a change. The changes we are making are to the scope of regulated activity.

The right reverend Prelate asked whether a person barred from teaching, but not from being a teaching assistant, could still be allowed to work. If the supervised volunteer was not on the payroll of the school, it is possible that that supervised volunteer could be barred from regulated activity and could still undertake this not-regulated activity. CRB checks and references, plus the supervision, should provide the necessary safeguard. Bars have only ever been applied to the regulated activity. That was the case before and will be the case in future. The answer, if I have got it right, is very simply that the teaching assistant could work but that obviously there would be adequate supervision —a matter that we discussed under an earlier amendment.

I hope that with those explanations, the noble Lord will feel able to withdraw the amendment. If not, I leave that matter to him.

[Baroness Farrington of Ribbleton]

My Lords, I hope that the Minister will take away and think about the fact that the degree of supervision that the person in the supervisory capacity feels it necessary to give may vary according to the degree of knowledge that they have about the background of the person concerned. The right reverend Prelate raised a very important issue. I go back to my point about the duty and responsibility of those in the supervision capacity.

[Lord Henley]

I have a sneaking feeling that the noble Baroness just does not like the idea of supervision coming in at all and would like to see yet further, more stringent measures being applied. It is a very good way in which to make sure that the appropriate checks and balances can be found. There is the appropriate degree of proportionality and there will be the appropriate supervision, which we will consult on in due course.

[Baroness Farrington of Ribbleton]

The Minister misunderstands my position. My primary concern is the care of children, which I share with everybody else involved with this Bill. My secondary concern is that I agree with the principle of supervision, provided that I know what it is.

[Lord Henley]

I think that I can agree with the first point made by the noble Baroness entirely. As for the second point, that is what we have to get right, and that is why we are going to consult and produce the appropriate guidance. But that is not something that we can get down in the Bill.

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[Baroness Farrington of Ribbleton]

My Lords, should the noble Baroness, Lady Doocey, need additional support, I worked with the noble Baroness, Lady Gardner of Parkes, on extending the checks and the licensing to the minicabs. For some time, some of the other cab drivers resisted licensing minicab drivers. I am quite sure that the Minister will agree that, should the noble Baroness, Lady Doocey, who has presented her case strongly and got all-round support, need additional support, then I can recommend the noble Baroness, Lady Gardner of Parkes.

[Lord Henley]

My Lords, such is the benign nature of my speaking note—I am not even sure that “Resist” appears on it, as sometimes is the case—that I thought I might be able to get through the whole of this debate without an intervention from the noble Lord, Lord Harris. This was going to be a little test to see whether I could manage that. Unfortunately, he then mentioned rickshaw drivers and associated problems. I had a quick word with my noble friend Lord Attlee, who assures me that this matter was hotly debated during the Localism Bill. I am sorry that I was not there for that, but I will remember the occasion and make a point of looking up those debates. I have a picture in my mind of the noble Lord, Lord Harris, setting off home this evening to Haringey with the long-suffering rickshaw driver.

Police: Station Closures

Debate between Lord Henley and Baroness Farrington of Ribbleton

Wednesday 2nd November 2011 Lords Chamber

[Lord Henley]

My Lords, I am not aware of such a suggestion, but, if it was made, obviously I would want to discuss it with the chief constable of the authority I happen to live in. However, it would be for him and not for me or for any other Home Office Minister to decide what was appropriate for Cumbria policing and policing in Penrith.

[Baroness Farrington of Ribbleton]

My Lords, would the Minister care to comment on the Government’s priorities for the police service in this country, given that they are introducing, at great public expense, an untried and unpiloted new system that replaces police authorities instead of using that money in the way the overwhelming majority of the public want it to be used: on the police service in their locality, including police stations?

[Lord Henley]

I will not rehearse the debates that we had at some considerable length on the police Bill when it recently went through this House. This House and another place, Parliament as a whole, decided in favour of police commissioners, which we feel is the right way forward and is what we will do. It will create much greater local accountability. If the noble Baroness looks at what we have at the moment in the form of police authorities and what we will have in the future with police and crime commissioners, she will, in due course, recognise that that will be a great improvement.