(2 years, 8 months ago)
Lords ChamberMy Lords, I speak in my capacity as chair of the Secondary Legislation Scrutiny Committee. The noble Lord, Lord Coaker, already referred to the report that we have published on the regulations that we are debating. In our report, we raised a number of issues. First and foremost, we wanted to alert the House to the fact that this instrument did, as the noble and learned Lord, Lord Hope, has referred to, bring back a measure that was rejected by the House during the passage of the Public Order Bill—a point that we felt was particularly important because, regrettably, it had not been mentioned in the Explanatory Memorandum laid at the same time as the instrument itself.
It cannot be denied that primary legislation receives more thorough scrutiny than secondary legislation. Where a measure is rejected during the passage of a Bill, only for it to reappear in secondary legislation, we had no doubt that the House would want to be made aware of it. We concluded in our report that the House would probably wish to consider the possible constitutional issues that arise, and to decide whether it wished to retain its earlier view on the measures.
We are an advisory committee only. We cannot tell this House what to do. Our role is to highlight matters about which we believe the House may want to challenge Ministers and ask for explanations. This debate demonstrates how true it is that the House is concerned to debate these regulations thoroughly.
It is a testament to the sterling work of the team that supports the Secondary Legislation Scrutiny Committee that the committee has been able to contribute to this important debate, and that my officials spotted this and questioned the government department about it as thoroughly as they then did, with further developments today, to which I will refer in just one moment.
These regulations are not only significant in their own right but illustrate issues of greater concern to those who sit on our committee. In May, we published our interim report on the work of the committee, in which we made observations on the instruments laid during the previous 12 months. I pay tribute to my predecessor, my noble friend Lord Hodgson of Astley Abbotts, who identified with me a range of matters to which our committee agreed. One was the inadequacy of consultation. We set out examples in that report where inadequate consultation had had the effect of undermining the operation of an instrument.
In our report on the regulations which we are now debating, we were also critical of the level of consultation, arguing that a considerably greater degree of consultation would have been more appropriate given the specific history, the range of interested parties and the strength of views. Above all, these regulations demonstrate the committee’s major and recurring concern that all too often the quality of the explanatory material accompanying secondary legislation is found wanting.
As I mentioned, our report on these regulations criticises the Explanatory Memorandum because it failed to mention that the measures had been defeated in the House on an earlier occasion, and, as a corollary of that omission, failed to explain the reasons why the Home Office takes the view that it should make a second attempt in this matter. This was important information that should have been included, and provides more than ample evidence of the finding in our interim report that poor-quality explanation was the most unwelcome feature of the secondary legislation that has been laid in the last 12 months.
Just today, in the early hours, the Home Office laid a revised Explanatory Memorandum for these regulations, responding to some of the points in the committee’s report. The House can form its own view on whether the revisions address our criticisms; it is not for us to publish any further commentary. However, departments should not have to revise explanatory material at our prompting. The original version should always provide sufficient information to scrutinise the instrument fully.
In that interim report, we urged all government departments to strengthen their quality assurance systems so that explanatory material, particularly that in support of secondary legislation, is clear, accessible and comprehensive. We will do our best to remain vigilant in identifying when departments fail to do this and are committed to drawing your Lordships’ attention, as on this occasion, to instruments where the quality of explanatory material has fallen significantly short of the standard that I believe this House has a right to expect.
My Lords, I do not propose to address the public order issues. It is a fairly simple issue, really. It is not the role, and can never be the role, of the unelected House to seek to have the last word. The last word on every issue belongs in the elected House. Sometimes, it is true, it has to wait a year, if the Parliament Act is used, but at the end of the day it has to be in a position of owning what it has passed, so that the electorate can take a view of what it has done. That is where the Government are formed, not here. It is a simple issue, really.
Our conventions have been tested and have been found wanting. I agree very much with the speech that we have just heard—I am a member of the Delegated Powers Committee—but that is not the issue. We have had case after case of the Government taking away powers from Parliament to give executive authority to Ministers. The House has debated this two or three times, but we have not done much about it so far. The simple issue is this: the elected House must own the decision.
I will upset a few people at the end of the evening; I am happy to vote for my noble friend’s amendment but if the fatal amendment is put then I intend to vote with the Government. I will not be in a position after the next election of allowing the then Opposition to claim, when issues arise, “You never voted against it”. I will have at least one name in the Lobby. This is not the first time this has happened; the noble Lord, Lord Strathclyde, voted in opposition against fatal amendments. We know that it has been reviewed, but maybe it is time to look again at our conventions. I think the last time they were reviewed properly was in 2006, by a Joint Committee chaired by my noble friend Lord Cunningham of Felling.
I will not get confused—I agreed with about two sentences of the speech from the noble Baroness, Lady Jones, on constitutional issues. She has spent all week on social media misleading the public about the powers in Parliament. The powers belong to the elected House. It must be in a position to have the last word on every issue.
(2 years, 9 months ago)
Grand CommitteeMy Lords, I congratulate my noble friend on securing this important debate. He is an indefatigable, dogged campaigner for justice and we all owe him a great debt. I also congratulate the noble Lord, Lord Browne of Ladyton. Of course, he speaks from a legal background as well as a parliamentary one. If I recall, he started as an apprentice solicitor in 1974. I found that in his background because I started as an articled clerk to a solicitor 10 years earlier. It is good to know that he is sharing with us his reflections on this important subject.
I shall confine my remarks to Operation Conifer. My noble friend has already referred to it. In my former role as chair of the trustees of the Sir Edward Heath Charitable Foundation, some years ago I had the thoroughly unpleasant experience of encountering policing at its most egregious. On the basis of what we now understand to have been completely unfounded allegations, made anonymously at the time but later discovered to have been almost entirely made by individuals who were themselves known offenders, the name of a formidable statesman was gleefully dragged through the dirt. I still have all the cuttings from that period to remind me of what a difficult time it was.
The conduct of the police was unforgivable. From the very outset, when it was announced by a subsequently disgraced officer in front of Sir Edward Heath’s home of Arundells and in front of all the news media, Operation Conifer was a travesty. Not only did Mike Veale—now also disgraced but then chief constable—openly and publicly make an assumption of guilt but he also encouraged his officers in a blatant fishing exercise, effectively replacing the presumption of innocence with one of guilt. A supine police and crime commissioner let the chief constable to evade normal accountability by allowing him to set up a so-called independent scrutiny panel—a novel and self-serving innovation—to which he himself appointed all four members anonymously, until he was forced to reveal who they were. One of them had previously been paid by Conifer for professional services and had been personally implicated in earlier stages of the spurious but lucrative witch hunt, which was now being further pursued by Wiltshire Police at considerable cost to the taxpayer.
Almost every aspect of this so-called investigation might be regarded as comically bad, were the matter not so grievously serious. Numerous vital witnesses were never interviewed, including Lord MacGregor, now retired from this House, who was running Ted Heath’s office at the time of some of the alleged offences, or my noble friend Lord Sherbourne. The log books from the police post of Ted Heath’s former home in Salisbury, which would have made an immediate nonsense of many of the spurious allegations, were mysteriously destroyed.
Those of us who were interviewed were almost without exception shocked by the shoddiness of preparation and the almost complete lack of knowledge on the part of the investigating police officers. No good outcome could ever have come from such a shoddy process. Operation Conifer profoundly undermined confidence in the police, and no one has ever been held to account. Until someone is held to account and until the extraordinary ineptitude and malign intent are independently and comprehensively exposed, how can confidence ever be restored?
Successive Ministers have of course successively claimed that Conifer has been reviewed, but it has been reviewed only by police officers marking their own homework. Even the two police-led reviews that did take place, in September 2016 and May 2017, made a total of 49 recommendations for improving the processes of Conifer—hardly a vote of confidence. Just imagine how many recommendations an independent review might have made.
Of course I recognise the need for operational independence for the police and the fact that they must be insulated from party-political influence as they go about their duties. However, they must also be ultimately accountable for how they discharge their duties, or they risk losing the support of the people. We are told that PCCs provide that vital accountability, but what happens when they fail in that task, perhaps after becoming too close to the chief constable, or even falling under their thrall? What recourse does the citizen have then?
The principle that the police should be operationally independent of government does not absolve Ministers from an obligation to commission a review into the way in which that operational independence has been exercised in a particular case, when serious concerns arise.
I therefore say to my noble friend the Minister that we need to close this chapter with a proper, independent review. Until there is genuine accountability, including an effective backstop at ministerial level, I fail to see how the police can ever regain the full trust and affection of the general public. The experience of Operation Conifer—in particular my own personal experience—suggests that, sadly, we still have a depressingly long way to go.
(2 years, 10 months ago)
Lords ChamberI am happy to reassure the House on that point. I am seeing my noble friend Lord Lexden this Wednesday. He chose not to mention it, but I will.
My Lords, I declare an interest having, together with the late Lord Newton of Braintree, presented the seven Nolan principles of conduct in public life to Parliament. Does my noble friend the Minister recognise that two of those principles, accountability and openness, are not evident in the responses he has been able to deliver so far? Can he please ensure that all holders of public office know that they have to be
“accountable to the public for their decisions and actions and must submit themselves to scrutiny necessary to ensure this”?
On openness, they must
“act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.”
I accept the question from my noble friend. Yes, they are expected to adhere to the Seven Principles of Public Life, as determined and published by the Nolan committee. The office of the PCC is also expected to ensure that the PCC is adhering to the Nolan principles. In each force area, the actions and decisions of PCCs are scrutinised by their police and crime panels. On the case of Leicestershire—which I suspect is at least partly informing my noble friend’s question—I am happy that the standards are now being met there. They should have been met before, but the Government—as we have said before from the Dispatch Box in the strongest possible terms—expect that PCCs appointing to senior positions in their offices follow the process clearly set out in legislation. I am very pleased to say that Leicestershire is now doing that.
(3 years ago)
Lords ChamberMy Lords, I am unable to comment on ongoing cases.
My Lords, I declare my interests as set out in the register, particularly as past chairman of the Sir Edward Heath Charitable Foundation. None of this would have happened if the disgraced policeman, Mike Veale, had faced an independent inquiry into his witch hunt against the late Sir Edward Heath, as this House has repeatedly demanded. The Home Office keeps referring to all these inquiries, but they were all carried out by the police themselves, marking their own homework, and are no substitute for a judge-led review of how the good name of a distinguished former Prime Minister was deliberately besmirched—at great cost to the taxpayer.
I thank my noble friend. He makes some extremely good points, which I will take back.
(3 years, 2 months ago)
Grand CommitteeMy Lords, I draw attention to my entry in the register, in particular to my role as a partner in the international commercial law firm, DAC Beachcroft. I am very much aware from that separate strand of my life how law firms are increasingly under pressure from their clients to make use of automation and AI. This can lead directly to efficiencies and cost savings. It also offers up the longer-term possibility of developing and licensing self-serve law tech solutions to replicate some of the services that law firms have traditionally provided, reducing the dependency on lawyers. In a highly competitive market, technology can make all the difference. So, both as a lawyer and a legislator, I warmly welcome this debate. I congratulate the noble Baroness, Lady Hamwee, for her impressive opening speech, her leadership of the select committee and her wise guidance in helping us to produce a very persuasive report.
I dare say that all reports suffer to some extent from in-built obsolescence, especially those dealing with technology. However, I hope that by going back to first principles, the committee has given this one sustainable life and relevance. As we read our way into these questions and raised them with witnesses, I think it is fair to say that we grew more, not less, concerned about the implications for the rule of law of the burgeoning technologies that are increasingly available.
The very good report we produced by consensus with the help of our excellent support team makes our sense of concern—even alarm—very overt and apparent. Our inquiry left me in no doubt about the scale of the challenge we all face to ensure that new technologies serve the best interests of justice and the public interest more widely.
Some noble Lords may have heard or read a highly stimulating lecture earlier this year by the Master of the Rolls, Sir Geoffrey Vos, in which he mused on the significance for us all of
“the inexorable rise in blockchain technologies”,
which will
“immutably record every event or transaction in our lives.”
He also predicted that a
“truly integrated online digital justice system to resolve civil family and tribunals disputes”
would be in place in England and Wales by the mid-2020s at the latest. It is quite a thought.
It is very easy to be seduced by the technologies themselves, but I would like to pull focus to questions of transparency, governance and accountability. We are told that much accountability within the system now rests with police and crime commissioners. My own dealings with such a commissioner give me no reassurance at all—quite the opposite, in fact. I do not believe that PCCs can provide adequate or even meaningful accountability, especially where fast-moving technology is concerned. They lack the necessary expertise and, looking at some of the turnouts in PCC elections, they lack the authority too.
With both the criminal and civil justice systems so overstretched and behindhand, it is all the more tempting to succumb to the allure of the glittering baubles of high tech, AI, algorithms and all the rest, with the promise they appear to offer of a faster, slicker set of outcomes. If we are also persuaded that those outcomes are also more just and fairer, with human fallibility stripped out, the Lorelei cry may prove irresistible. Yet, again and again during the course of our inquiry, we heard from experts how algorithms, however sophisticated, can be “gamed”. If this is true, I wonder whether algorithms can ever truly be fit for purpose within a justice system.
It all takes us inevitably back to the old, uneasy, irreconcilable tension between the supposedly sacrosanct principle of operational independence versus the ultimate need for accountability to prevent a police force or chief going rogue, which, as I have witnessed myself, does indeed happen from time to time, although fortunately rarely. I am becoming increasingly troubled by what we call “fairness metrics”. We hear much talk of using AI, not simply to deliver the status quo more effectively and efficiently, but actively to make society “fairer”—a subjective and loaded term, if ever I heard one—by rectifying perceived social, economic and other inequalities. If that initiative acquires significant momentum, we as parliamentarians must surely be profoundly concerned about what is being factored in.
I see a clear analogy here with the development of automation and AI in the automotive sector. We were told six or seven years ago that driverless cars would be on our roads by 2021. The reality is, they are still not here. Safe implementation is a vital consideration, as is the need for an appropriate legislative and regulatory framework both pre and post placement and, ideally, through testing in a sandbox environment to ensure the veracity and reliability of algorithms.
Rushing the implementation of automation and AI would be damaging enough in the context of automated vehicles, but getting it wrong risks pushing back mass-market adoption of technologies designed to improve productivity and mobility. A similar mistake is surely inconceivable and wholly unacceptable in the context of the criminal and civil justice systems. Who is keeping a close eye on all this? Is it Ministers?
I am sad that the noble Lord, Lord Blunkett, is not here. To quote from the evidence that we received from the Minister, when I asked at question 107,
“Will you be keeping a careful eye on this?”
The Minister responded,
“That is a very good question which I will have to think about … We have some brakes and levers that we can pull”.
At that point, the noble Lord, Lord Blunkett, said,
“There are ways and means, I promise you.”
At the end of the day, that is what this debate is all about. Who is keeping a careful eye? Is it officials? If it is, from which of the plethora of departments and public bodies that are active in this field will they emerge?
We come back to accountability. Who has practical, day-to-day responsibility for the legal, ethical and active use of advanced technologies of this kind? Who has day-to-day decision-making powers, and where is the practical transparency and ultimate accountability? The reality is always that ultimate responsibility must rest with Ministers and Parliament. The Executive takes the decisions and faces the scrutiny of the legislature in either or both of our Houses of Parliament. The question then is how to make that work quickly, effectively and reliably.
It is perhaps inevitable that a report of this kind raises more profound questions than it would ever be capable of answering, especially when addressing so complex and controversial a topic. I was worried at the time of publication that we would not succeed in our aim of moving Ministers to share our concerns. The trials and tribulations within the Government in recent months have not served to calm my fears. Now we appear—I stress, appear—to be in a period of much-needed stability again. I hope we catch the eyes and ears of Ministers and make a difference, for in the field of radical innovation, just as in the field of criminal and civil justice, prevention of an undesirable outcome is invariably preferable to cure.
(3 years, 3 months ago)
Lords ChamberMy Lords, I join the right reverend Prelate in congratulating my noble friend on this debate. When he left Uganda at the age of 17, my noble friend swiftly became an inspiring role model for many Ugandan Asians. Half a century later, we look with pride upon what Ugandan Asians have achieved and brought to our country. I join my noble friend in saying how marvellous it is that we now have Her Excellency Nimisha Madhvani serving as Ugandan high commissioner here, having been expelled with her family at the age of 13—my goodness, she has come on marvellously since, and it is a great opportunity to pay tribute to her.
Let me explain why this 50th anniversary means so much to me personally. In 1968, the debate on immigration changed profoundly. First, the Home Secretary Jim Callaghan introduced the Commonwealth Immigrants Act in response to the possible immigration of 200,000 Kenyan Asians who held British passports. That Act sadly set a benchmark for harsh attitudes to non-white immigrants. Secondly, Enoch Powell delivered the most appalling speech on 20 April 1968. As someone brought up in Toxteth, those two events thrust me into campaigning to counter the influence of the Monday Club within my Conservative Party.
When Idi Amin decided to make Ugandan Asians the scapegoat for his own manifest failures and expelled them from their homes, he irreparably damaged his own nation’s prospects for a generation and more. I was so proud when our Prime Minister Ted Heath took the lead in saying that the UK would be a safe haven, and set up the Uganda Resettlement Board. As Ted wrote in his memoir,
“I was determined … we would … face up to our responsibilities … We did what any civilised nation would do”.
As the noble Lord, Lord Dholakia, has just reminded us, it took less than five minutes for the entire Cabinet, including the future Conservative Prime Minister Margaret Thatcher, to agree to this courageous, enlightened and honourable policy.
However, not everyone was pleased. Public support for the admission of the Ugandan Asians fell to 6% in one opinion poll in September 1972, and the Monday Club began a reckless and irresponsible Halt Immigration Now! campaign. Matters came to a head at the Conservative Party conference 50 years ago this month. There was on the agenda a motion on immigration tabled by the Hackney South and Shoreditch Conservative Association. It soon became clear that its president, Enoch Powell, intended to move that motion personally and turn it into an attack on the Government for the admission of the Ugandan Asians. Although Powell was in the wilderness so far as the party leadership was concerned, he still had a considerable following, sadly, among the membership.
I had just become leader of the Young Conservatives and persuaded my YC colleagues that I should move an amendment to the Powell motion welcoming the Ugandan Asians. As I said in that vital debate on 12 October 1972, in a speech drafted by a determined and talented team led by Gerry Wade, “I find it completely morally indefensible, to grant a person a British passport and then, when that person is in trouble, to try to pretend it is a worthless document”. After an inspiring speech by the brilliant Home Secretary Robert Carr, alongside Ted Heath on the platform, the conference rejected Powell and accepted the Young Conservatives’ amendment.
I hope noble Lords will therefore understand why this debate is such a vital opportunity for me to pay tribute to Ted Heath and his colleagues for choosing the path of honour at a time of social, political and economic strife—a decision which has resulted, as we have heard from my noble friend and others, in the Ugandan Asian community firmly establishing itself as one of the principal driving forces behind building our successful economy.
(3 years, 6 months ago)
Lords ChamberMy Lords, I think there are some excellent examples of PCCs up and down the country, including the noble Lord, Lord Bach—Parliament’s only PCC and a very good one indeed. Should the PCC not perform well at his or her job, they can be removed at the ballot box.
Will my noble friend the Minister accept that it is now generally acknowledged that a series of interrelated police operations—Yewtree, Conifer and Midland—were heavy-handed, disproportionate and founded on inappropriate assumptions of guilt? It is evident that there were manifest failings of procedure, governance and natural justice. Perhaps a complaint in this House was that the police were marking their own homework. When will anyone be held to account?
In answer to my noble friend’s first question, I hope I have outlined the process by which remedy can be sought and secured for anybody accused of improper behaviour or misconduct in office. The whole system has changed, in the sense that now a police officer cannot just run, by retiring or resigning from their post, without facing the consequences of their actions.
(3 years, 10 months ago)
Lords ChamberMy Lords, it is a matter for the office of the PCC, and it would not be appropriate to comment further on this matter.
My Lords, I declare my interest as immediate past chairman of the Sir Edward Heath Charitable Foundation. Whatever one’s views of Mr Veale, serious questions have been raised about Operation Conifer from all sides of the House as to whether it was truly impartial, honest or effective. When on earth are we going to get a genuinely independent review of Operation Conifer?
As my noble friend is probably aware, we do not have plans to commission a review of either the conduct of the investigation into the allegations or the findings of the investigation. There have been several levels of scrutiny. Operation Conifer was subject to its own scrutiny channel, which checked and tested the decision-making. 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. A further review in January 2017 and the IOPC have also considered specific allegations related to the former chief constable, as noble Lords will have heard this morning.
(3 years, 11 months ago)
Lords ChamberI understand that, having been appointed as the Cleveland chief constable in March 2018, Mr Veale resigned in January 2019 following the allegations that he had behaved inappropriately and acted in a discriminatory manner.
I want to ask my noble, and now right honourable, friend one simple question: will anyone ever be held to account for Operation Conifer? As my noble friend pointed out, it was a grotesque witch hunt against Sir Edward Heath—a public servant of the highest integrity—conducted by someone who is now deemed by the IOPC to have a case to answer for gross misconduct, with a legal hearing pending against him. Will anyone ever be held to account?
My Lords, Operation Conifer has been subjected to extensive scrutiny by its own independent scrutiny panel, two reviews by Operation Hydrant, in September 2016 and September 2017, and a review in January 2017 by HMICFRS. We have talked about the Independent Office for Police Conduct; it has also considered specific allegations relating to the former chief constable.
(4 years ago)
Lords ChamberI think noble Lords would agree that we have seen good improvement in the IOPC’s performance in the last couple of years. We are still keen to see further improvements and greater transparency, so back in February 2020 the Government introduced reforms to the IOPC to streamline its decision-making further and increase its effectiveness. There is absolutely no doubt that there is so much more to do to improve trust in the police complaints system and to raise awareness of the IOPC’s role.
Does my noble friend the Minister agree with me that questions of transparency and accountability in relation to the conduct of the police have never felt more keenly vital to our well-being as a society? In the light of all the information now available—and going back to the Question originally asked by my noble friend Lord Lexden—is it not disgraceful that the completely discredited Operation Conifer has still not been examined by a fully independent inquiry? Surely no one can have any confidence, in this or any day and age, in the police simply marking their own homework.
I most certainly agree with my noble friend that trust in the police has never been more fragile than it is at the moment. Operation Conifer underwent several rounds of scrutiny, but there is further to go. Today’s report certainly means that the police have a way to go before they regain the public’s trust.