Investigatory Powers Bill

Debate between Lord Henley and Lord Prescott

Report: 1st sitting (Hansard): House of Lords
Tuesday 11th October 2016 Lords Chamber

[Lord Henley (Con)]

I do not think that I was in my place for the bit of Committee when the precursor to this amendment was discussed. However, I sat on the pre-legislative scrutiny committee on the Bill under the able chairmanship of the noble Lord, Lord Murphy, so I have some status in this matter. I stress to noble Lords—as the noble Baroness, Lady O’Neill, and possibly the noble and learned Lord, Lord Wallace, said—that this should really be about what the Minister says when he comes to respond. I do not think that the amendment is appropriate for the Bill at this stage. This is something we want to hear from the Minister on; the amendment should not be pressed at this stage.

The Investigatory Powers Bill itself is crucial legislation to give the police and security services the powers that they need. Noble Lords on all sides of the House who have taken a very constructive approach to the issues in the Bill would find it unfortunate for Parliament to be distracted at this stage by an amendment that, I have to say, seems to be only barely related to the substance of the Bill before us—important though the amendment might be in its own right. I am sure the debate itself will send a clear message to the Government about the importance of this issue, which is why we want to hear from whoever of my noble friends is going to respond to this. But now is not the time for noble Lords to press this amendment on the Bill, because it is not relevant.

[Lord Prescott (Lab)]

My Lords, I intervene to support the amendment that has been moved by the noble Baroness, Lady Hollins, and supported by the noble and learned Lord, Lord Wallace. This is an issue of confidence in this place and in government. We are not seeking to change a Bill but to implement what the Government and all parties have agreed: that the Section 40 concept, which has just been discussed, should be included in this Bill. The Government have agreed the law but are not prepared to implement in statute this right to justice and financial support for people who have phone-hacking complaints against the press.

I declare an interest, as I did in relation to the Policing and Crime Bill, in that I am one of those who was hacked—46 times for my phone messages. However, the police and the Crown Prosecution Service denied it, and the Press Complaints Commission sided with the police and the prosecutor. In those circumstances, the only way I could seek any redress was to sue in the civil courts. I could not afford it, even though I have come here to the Lords—I still cannot afford it—but how else could I seek justice? We are talking about people who cannot afford to get justice in cases in which they have been offended against by phone hacking. As the noble and learned Lord, Lord Wallace, has pointed out, the Government and all parties agreed we should do this. We passed the legislation, but the Government have refused. I wait to hear what the Minister is going to say. I had hoped we were going to hear beforehand, when we met him yesterday, whether the Government’s position had changed and whether they intended to bring that element of justice into statute. I wait to hear what he has to say about that, but it is essential that we have it.

In these circumstances, doubts have constantly grown about the Government’s position. The last Secretary of State for Culture, Mr Whittingdale, actually went to a press dinner and cheered them all up by saying, “I am inclined not to do this”. Is that the Government’s position? We want to hear today whether it is still the same. We have a new Prime Minister, a new Secretary of State and a new Government—are they going to carry out what the previous Government promised in an all-party context? This debate is about the intention of the new Government. The Prime Minister said that she wanted to help weak and poorer people against the big rich ones, and by God, there is an example here. All these people who have told us time and again that they cannot afford an action are looking to us to make the adjustment and to implement the statute so that they can pursue cases.

My main concern is that we have no justice from the police or the prosecutor. They work together. I cannot call it a conspiracy, but they happened to agree that there was no evidence. But as the courts pointed out, when I took the case to them on human rights grounds, I was right: they did have the evidence, but together they conspired to not look at it or to ignore it. That is not acceptable. If that was past history, I could perhaps think that we had at least learned the lessons. But we have not. We are still not implementing this essential part, which would provide money to allow people to secure justice in our court system. If it was only that, okay, but have we not noticed the Times even this week? The press are completely ignoring most of the actual requirements under the editors’ code.

I raised the editors’ code in a previous debate. I thought I would go to the Press Complaints Commission; rather foolishly, I hoped to get some sort of judgment from among the press at least, but I could not get it. After that debate, I got letters from the Associated Press and the judge in charge of the inquiry saying my complaint, that most inquiries dealing with press complaints are dominated by the press, was wrong. However, I have checked it all out. The emphasis in the criteria is different depending on whether journalists are employed by papers and magazines or are working in TV or other areas, where suddenly the balance changes. That was my complaint. I will deal with the industry—I have been invited by the judge to come and talk to him, so I look forward to a cup of tea with him to see what he has to say—but as to whether or not these bodies are independent, including the new body, IPSO, we have to make a judgment. That came out of Leveson.

My main complaint is that part two of Leveson was meant to look at the relationship between the press and the police. There are still offences every day; today’s Daily Mail says:

“How top QC ‘buried evidence of Met bribes’”.

There are a number of such cases, such as Orgreave or the football scandal at Sheffield. There has been co-operation for a long time between the press and the police. What worries me most is another story that appeared in the Telegraph—these are not my favourite papers, as your Lordships have probably guessed—about the new body that is coming in, which is covered partly by the Bill. It says that the investigatory powers that the police will now have will allow them to monitor every phone call and every text. All this information is now going to be brought in, and seven of our police forces have already invested the money to buy it. That means they are going to get even more information.

We are told that this is to deal with terrorists and criminals—I am not going to be against that; I think we all understand that—but I am talking about the victims of their actions. Why are they not considered to deserve some justice? They are the ones who really suffer, but they do not have the money or the power to intervene. Now there is going to be more information about them; I think an earlier debate mentioned credit card information of people in America. A massive amount of information is given to public institutions that we have to have trust in but I am afraid that, given their record at the moment, even since Leveson, I have no reason to believe that the co-operation between the police and the press has stopped. Mass information is going to make the situation even more difficult.

For God’s sake, can the Government tell us what they intend to do? If they are not going to do it, why do they not tell us? Then we would know where we stand. Let the victims know; they have been promised by Prime Minister after Prime Minister, “Don’t worry, we’re going to look after you”. All parties agreed to that and passed the legislation in the other Chamber, where we have done nothing since. It is in our hands to do something. When the Minister comes to reply, I hope he can say something more fruitful than, “We’re thinking about it”. It is three years since we passed the legislation, so thinking about it just means avoiding it. Let us have a statement from the Government for the victims, not for anyone else, acknowledging that they have a right to justice when the press have abused them, whether by phone hacking or otherwise.

The victims need money to go to court, make no mistake, particularly after the Government got rid of legal aid in most areas. They have no chance. Can we in this House think of the victims? I understand that we are extending powers to try to deal with criminals and terrorism; although I have worries about them, I am prepared to accept that. But who is thinking about the victims? That is our job. The Government should get on with the statute now, not just give us, “We’re thinking about it. We’re talking about it”. They should put it in language that the victims understand, as they are the ones who need to be considered here.

Olympic Games: Security

Debate between Lord Henley and Lord Prescott

Monday 16th July 2012 Lords Chamber

[Lord Henley]

My Lords, I do not have the details of the contract in front of me, but I can once again give the assurance that G4S has made it quite clear that it will meet the extra costs resulting from the errors that it has made. I can categorically assure the noble Lord that there were others who bid, but I am not in a position at this stage to say who they were.

[Lord Prescott]

My Lords, this is the third time in eight days that Parliament has received assurances from this Government that the security of the Olympic Games will not be compromised. The Government’s desperation in drafting in not only the Armed Forces but now the police is an indication of the total failure of the private companies involved to deliver on their contractual requirements to ensure Olympic security. Have the Government investigated the question I raised with the Minister during the Statement last Thursday regarding the fact that there are other companies almost bound to collapse and not provide their contractual requirements on fire security matters? Can the Minister tell me?

The desperation involved in drafting in the armed services clearly shows that the Holy Trinity of the Government, LOCOG and G4S has contributed to the failure to provide proper security for the great experience of the Olympics to which the Minister refers. Will the Government reconsider the possibility, particularly with regard to G4S and the police, of the intention to privatise our police forces? G4S is already negotiating for both the West Midlands and Surrey police forces. Will the Minister support the police authority in the Surrey area, which has cancelled its G4S contract, and will he encourage the West Midlands authority to do the same? When will he recognise that public service cannot be replaced by private service?

[Lord Henley]

My Lords, the noble Lord overstates his case, and overstates it rather badly. There is no question of privatising the police force, as he claims, although obviously there are certain parts of police work that can be done by private sector companies. That does not mean we are privatising the police force, which is a separate issue and nothing to do with what is happening here.

We are talking today about the security of the Olympics and different bits of security that will be carried out by different people. As the noble Lord knows perfectly well, private companies are always brought in to provide most of the basic security at any major sporting event in terms of checking bags and checking people as they go in. This is what happens at Wembley, at test matches, at Wimbledon and on many other occasions. The Olympics are no different, except they are bigger.

We entered into a competitive process with a number of companies—G4S won and it has not delivered as it should have done. We have made this clear today and in earlier Statements. We have appropriate contingency plans in place to make sure that if G4S failed in part of its job we could meet our obligations to have an appropriately secure Olympics. That is what we are going to have, so I think the noble Lord going on a rant of this sort is not helpful and does not do any good. We had made sure that we have answered all relevant questions—that is what we hope to do to as well as providing a properly secure Olympics.

Police: Reduction in Numbers

Debate between Lord Henley and Lord Prescott

Wednesday 23rd May 2012 Lords Chamber

[Lord Henley]

Put very simply, I can give my noble friend the definition as provided by Her Majesty’s Inspector of Constabulary, who said that the police front line,

“comprises those who are in everyday contact with the public and directly intervene to keep people safe and enforce the law”.

We want to make sure that as many qualified certified constables are there doing that job and not doing backroom duties.

[Lord Prescott]

My Lords, this policy will reduce the amounts of money for the Humberside police by £30 million and hundreds of front-line police. Is the Minister aware that the number of criminal incidents and those of anti-social behaviour has been reduced considerably by the present force? In those circumstances, does he not accept the charge laid against the Home Secretary last week that a 20% cut is criminal? Is it not now true that, as with the health service, law and order is no longer safe in the hands of this Government?

[Lord Henley]

My Lords, my understanding is that the noble Lord is thinking of standing as police and crime commissioner for Humberside, and we wish him well in that job. He will then no doubt make the right decisions for that force. He knows, I know and the House knows that simple matters of numbers and the amounts of money spent are not the right thing. The important thing is to make sure that the right people are doing the right job at the right time, and that is what we want to make sure is happening. I am sure that that is what the noble Lord will want to make sure is happening should he manage to be elected as police and crime commissioner for Humberside.

Phone Hacking

Debate between Lord Henley and Lord Prescott

Wednesday 18th January 2012 Lords Chamber

[Lord Henley]

My Lords, I am not going to comment on the last point made by my noble friend, but no doubt the House and others will have listened to that. The police have spoken to about 1,800 people, of whom, as I said, 800 are likely victims. Whether charges will result from those 17 arrests is something on which I cannot comment.

[Lord Prescott]

My Lords, is the Minister aware that the appalling level of these arrests and prosecutions reflects badly on the British press and was made possible only by the use of no-win no-cost litigation by those who were complainants, including me. Why are this Government in their legislation on legal aid quite prepared to meet the unanimous demands of the press that we reduce their costs in such situations and yet increase the costs of individual complainants and reduce their access to no-win no-cost litigation? Can he assure the House that those he has mentioned as having been arrested, including the Prime Minister’s former adviser, Mr Coulson, played no part in changing the policy of the previous Government, who rejected the request from the media?

[Lord Henley]

My Lords, I can agree with the noble Lord that this has not been the finest moment for the British press. His remarks about no win no fee go wider than the Question on the Order Paper, but that is a matter that we will obviously have to take into account. On the broader issue of phone hacking, phone hacking is obviously illegal, but we must await the outcome of the Leveson inquiry before we make any final decisions in this matter.