Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Home Office:
To ask Her Majesty’s Government what are the terms of the Memorandum of Understanding between the Home Office and the Saudi authorities on justice, security and policing.
Answered by Lord Bates
The Home Office does not publish security co-operation agreements with international partners as to do so would undermine bilateral relations and prejudice our ability to conduct work under these agreements.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Home Office:
To ask Her Majesty’s Government whether they plan to publish the full consolidated Immigration Rules in their current amended form.
Answered by Lord Bates
The full consolidated Immigration Rules in their current amended form are already published on GOV.UK.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Home Office:
To ask Her Majesty’s Government whether they plan to implement the recommendations of the Report of the Inquiry into the Use of Immigration Detention in the United Kingdom.
Answered by Lord Bates
We will issue a response to the All Party Parliamentary Group’s report of their Inquiry into the Use of Immigration Detention and will ask Stephen Shaw to consider any aspects of the Inquiry’s report that fall within the terms of reference for his independent review of the welfare of those held in immigration detention.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Home Office:
To ask Her Majesty’s Government what measures are in place to prevent access to lawful abortions from being obstructed or impaired by intimidation or harassment.
Answered by Lord Bates
The Home Office is aware of a number of recent protests outside some abortion clinics which we take extremely seriously. This country has a proud history of allowing free speech but the right to peaceful protest does not extend to harassment or threatening behaviour. The law currently provides protection against such acts.
The police have a range of powers to deal with protests outside clinics. Section 5 of the Public Order Act 1986, makes it an offence to display threatening, or abusive words or images that, within the sight of someone, is likely to cause harassment, alarm or distress. Section 14 of the Public Order Act 1986 allows the police to place conditions on the location, duration or numbers attending a public assembly. This can be applied where the police believe that the assembly may result in serious public disorder, serious damage to property, serious disruption to the life of the community, or that the purpose by the assembly organisers is to intimidate others to compel them not to do an act that they have a right to do.
The police have dispersal powers (in public places) under sections 34 and 35 of the Anti-social Behaviour, Crime and Policing Act 2014, to remove or reduce the likelihood of members of the public being harassed, alarmed or distressed, or to prevent local crime or disorder.
The Protection from Harassment Act 1997 includes criminal offences that protect individuals, who are conducting lawful activities, from harassment by protestors.
The policing of protests and the use of powers are an operational matter for the police.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Home Office:
To ask Her Majesty’s Government, further to the Written Answer by Lord Bates on 18 November (HL2550), whether their definition of domestic violence and abuse includes demanding a dowry.
Answered by Lord Bates
The Government’s definition of domestic violence and abuse does not explicitly include demanding a dowry. As set out in Written Answer (HL2550), the Government is clear that domestic violence and abuse can involve coercive and controlling behaviour, including dowry abuse and other forms of financial abuse.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Home Office:
To ask Her Majesty’s Government what are the prescribed legal limits to the use of the power to conduct electronic surveillance of conversations between lawyers and their clients; and what are the safeguards against the misuse of those powers.
Answered by Lord Bates
Interception of communications and intrusive surveillance can only be carried out by a very limited number of authorities in the interest of national security, for the prevention or detection of serious crime or to safeguard the economic well-being of the United Kingdom where it relates to national security.
Warrants to intercept communications must be authorised by a Secretary of State. Where there is a possibility that privileged communications may be intercepted, the statutory code of practice on the interception of communications sets out additional safeguards. Any warrant application which is likely to result in legally privileged communications being obtained should include, in addition to an explanation of why it is necessary, an assessment of how likely it is that communications which are subject to legal privilege are to be intercepted. It should also state whether the purpose (or one of the purposes) of the interception is to obtain privileged communications. The Secretary of State is able to impose additional conditions if he or she considers it necessary, such as regular reporting to allow them to exercise discretion over whether the interception should continue to be authorised.
The safeguards for intrusive surveillance are the same as those for interception. The case must include an assessment of how likely it is that legally privileged material may be obtained, the authorising officer or Surveillance Commissioner is able to impose additional conditions if he or she consider it necessary, such as additional reporting.
In cases where legally privileged communications have been obtained, the matter should be reported to the Interception of Communications Commissioner or Surveillance Commissioner (for intrusive surveillance) and the material made available for inspection if requested. The Commissioners can and do inspect this material.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Home Office:
To ask Her Majesty’s Government whether they plan to consider introducing legislation in England and Wales similar to India’s Dowry Prohibition Act 1961 so as to prohibit the giving or taking of a dowry, and India’s Domestic Violence Act 2005 so as to treat demanding a dowry as domestic violence.
Answered by Lord Bates
The Government is clear that domestic violence and abuse does not just mean physical violence. It can also involve coercive and controlling behaviour, including dowry abuse and other forms of financial abuse. The cross-Government definition of domestic violence and abuse encompasses, but is not limited to, psychological, physical, sexual, financial and emotional abuse. This definition is used by Government departments to inform policy development, and other agencies, such as the police, to inform the identification of domestic violence cases.
We have recently consulted on strengthening the law around domestic violence and abuse and are considering our response. Our consideration will include whether there should be a specific offence of domestic abuse and if so, what patterns of behaviour should constitute such abuse.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Home Office:
To ask Her Majesty’s Government whether they will consider making the payment of dowries by brides' families unlawful.
Answered by Lord Bates
The Government is clear that domestic violence and abuse does not just mean physical violence. It can also involve coercive and controlling behaviour, including dowry abuse and other forms of financial abuse. The cross-Government definition of domestic violence and abuse encompasses, but is not limited to, psychological, physical, sexual, financial and emotional abuse. This definition is used by Government departments to inform policy development, and other agencies, such as the police, to inform the identification of domestic violence cases.
We have recently consulted on strengthening the law around domestic violence and abuse and are considering our response. Our consideration will include whether there should be a specific offence of domestic abuse and if so, what patterns of behaviour should constitute such abuse.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Home Office:
To ask Her Majesty’s Government what are the safeguards against the misuse by the police and other public authorities of International Mobile Subscriber Identity Catcher devices to intercept and listen to phone calls, collect and read text messages and emails, and block phone calls in a specific area.
Answered by Lord Bates
Investigative activity involving interference with property or wireless telegraphy, such as International Mobile Subscriber Identity (IMSI) grabbers, is regulated by the Police Act 1997 and the Intelligence Services Act 1994 which sets out the high level of authorisation required before the police or Security and intelligence agencies can undertake such activity. Use of these powers is overseen by the Intelligence Services Commissioner and the Office of Surveillance Commissioners. In any case involving the interception of the content of a communication, a warrant authorised by the Secretary of State under the Regulation of Investigatory Powers Act 2000 is required.