Immigration: Refugee and Migrant Justice

Lord McNally Excerpts
Monday 28th June 2010

(16 years, 1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Avebury Portrait Lord Avebury
- Hansard - - - Excerpts



To ask Her Majesty’s Government what is their reaction to the probable closure of Refugee and Migrant Justice.

Lord McNally Portrait The Minister of State, Ministry of Justice (Lord McNally)
- Hansard - -

My Lords, since this Question was tabled, Refugee and Migrant Justice has been placed into administration. The Government’s immediate concern was that the clients of RMJ should continue to receive a good-quality service.

Lord Avebury Portrait Lord Avebury
- Hansard - - - Excerpts

My Lords, as other practitioners specialising in asylum cases—particularly, although not exclusively, those who operate on a not-for-profit basis—have had similar cash-flow problems to those of the RMJ, what steps are the Government taking to ensure that the LSC may be able to find providers to take on the RMJ’s 10,000 cases? Will my noble friend acknowledge that there will be serious delays in looking after those cases, first, because the new providers will have to get to know what the cases are, and, secondly, because they do not know whether they will be funded in the spending round that begins on 1 October?

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, I will take the last point first. Yes, there is bound to be a certain amount of disruption if an organisation that covers 7 per cent of cases goes into administration. However, I can assure the House that the Government are giving high priority to minimise that disruption. On whether other non-profit-making practitioners are facing difficulty, it is true that there have been complaints about the change in funding and fees, which was made by the previous Administration with an eye to saving taxpayers’ money. The change is not popular but, as my right honourable friend the Lord Chancellor said in another place, the organisations are coping. Trying to balance the good work that these organisations are doing against the taxpayers’ not-bottomless pot is difficult.

Lord Bach Portrait Lord Bach
- Hansard - - - Excerpts

My Lords, I am delighted that the Minister has praised those who worked for Refugee and Migrant Justice, which over a number of years did an excellent job. I am also delighted that the Legal Services Commission is ensuring that the existing clients of that organisation continue to have proper advice and representation. Are there estimates of the extra cost to the Legal Services Commission in ensuring that proper advice and representation from fresh providers?

--- Later in debate ---
Lord McNally Portrait Lord McNally
- Hansard - -

There are no estimates on that. There will be an extra cost, but Ministers had to face a balance of judgment: did they take into account that RMJ was going into administration and that therefore there would be knock-on costs, or did they give it more taxpayers’ money with no guarantee that it would not again find itself in difficulty in a short time? It was a hard call but, as the noble Lord knows full well, sometimes Ministers have to make hard calls.

Lord Pannick Portrait Lord Pannick
- Hansard - - - Excerpts

Will the Minister confirm that the problem faced by RMJ is the consequence of payments being made only after decisions are taken by the Home Office, or by the tribunal, in an individual immigration case, and that that can take two years or more? Will the Government therefore consider introducing a system of interim payments so that competent and efficient organisations such as RMJ are not threatened with closure?

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, if the description “competent and efficient” was correct for RMJ, one asks how it managed to get itself into administration. It represents 7 per cent of cases, so organisations representing 93 per cent are coping. Again, it was a difficult decision to make and I know that there have been complaints about the tough system of paying. However, we are dealing with taxpayers’ money and there is justification for ensuring that the organisations provide value for it. It may be worth noting that, in the round of bids, double the number of law firms are bidding for this business. That suggests that RMJ is not alone and that companies believe that they can deliver the service under the present scheme.

Lord Bishop of Exeter Portrait The Lord Bishop of Exeter
- Hansard - - - Excerpts

My Lords, reports are circulating that the UK Border Agency is refusing to grant extensions to RMJ clients in order that they might find new representation. It is saying that clients can raise any issues that they have with such a refusal at the time of an appeal. That is not only terrible for clients, but it is also poor value for money, because the appeal process is extraordinarily expensive. What advice, if any, is being given to the UK Border Agency in this respect?

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, the UK Border Agency has been asked to treat RMJ clients with common sense and to allow time during this period of adjustment. Therefore, according to my briefing, the right reverend Prelate’s first assertion is not true.

--- Later in debate ---
Lord McNally Portrait Lord McNally
- Hansard - -

Again, dealing with the last point first, I am not even sure whether that is under review, but I certainly cannot give an answer. On the matter of money owing, a case from RMJ will be heard on Wednesday, so I am not sure how much I can comment on it, other than to say that it is the view of the Government and the LSC that no moneys are owing to RMJ. Indeed, when the books are finally balanced, it may prove to be the other way around.

Lord Davies of Coity Portrait Lord Davies of Coity
- Hansard - - - Excerpts

My Lords, in answer to the noble Lord, Lord Bach, the Minister said that he had to strike a balance. He also said that he did not know what it was going to cost. How does he strike a balance when he does not know what it is going to cost?

Lord McNally Portrait Lord McNally
- Hansard - -

Because Ministers have to take a view on whether paying out money to an organisation that has gone into administration is a better deal for the taxpayer than making the adjustments necessary to give the clients—as I said at the beginning, the clients are our first priority—the legal coverage that they deserve. Of course, during this period of adjustment, we do not know the final cost, but a decision had to be made. As I said, sometimes Ministers have to make hard decisions and we made this one.

Parliament: MP Numbers and Constituency Review

Lord McNally Excerpts
Thursday 24th June 2010

(16 years, 1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Roberts of Llandudno Portrait Lord Roberts of Llandudno
- Hansard - - - Excerpts



To ask Her Majesty’s Government what consultations they plan to hold with local authorities and the Boundaries Commissions on reducing the number of Members of Parliament and reviewing the size of parliamentary constituencies.

Lord McNally Portrait The Minister of State, Ministry of Justice (Lord McNally)
- Hansard - -

My Lords, Ministers are taking advice on the details of proposals, including on consultation, and, as I said in the House on 15 June, we will of course seek to frame the legislation in a way that ensures that the Boundary Commissions complete their task in a timely, fair and thorough way.

Lord Roberts of Llandudno Portrait Lord Roberts of Llandudno
- Hansard - - - Excerpts

I thank my noble friend for that response. Will the Government assure us that when the Boundary Commissions consider this, they consider not only the electorate size but the geography and the local authority boundaries when reporting on the new constituencies? Will they also discuss thoroughly with the devolved Administrations any effect that the new boundaries for Westminster might have on, say, the Cardiff Assembly or the Edinburgh Parliament?

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, my noble friend will know that the sole objective of this exercise is to bring greater fairness to our electoral regulations and equal weight to votes. He is right, of course, that common sense and a sense of history and of geography will have an influence on this, and we will consider the implications for Wales and the other nations and regions of this kingdom when we come forward with our proposals.

Lord Bach Portrait Lord Bach
- Hansard - - - Excerpts

My Lords, the noble Lord, Lord Roberts of Llandudno, is quite right; local consultations, representations and involvement in boundary reviews, particularly this boundary review, are vital. The Liberal Democrats have always been proud of their commitment to local democracy. My question is: will this commitment survive? If promises such as the ones on VAT can so easily be shredded, how can the Minister convince the House that this commitment to local democracy will not be sacrificed in due course?

--- Later in debate ---
Lord McNally Portrait Lord McNally
- Hansard - -

These proposals will strengthen local democracy and enhance the whole quality and culture of our democracy by giving fairer votes and votes of more equal weight.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - - - Excerpts

My Lords, I congratulate the coalition Government on their plan to reduce the size of the other place in order to achieve economies, but will the Minister explain why they propose at the same time greatly to enlarge the size of this House at considerable cost, and in doing so, as he himself has pointed out, perhaps bring this House into some disrepute in the country?

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, I could not agree more with my noble friend. If he comes to the debate next week, as I am sure he will, he will hear my noble friend Lord Strathclyde and me speaking at an appropriate length about how we think the numbers and the costs of this House could be radically reduced.

Lord Elystan-Morgan Portrait Lord Elystan-Morgan
- Hansard - - - Excerpts

I suggest to the Minister, I hope without impertinence, that these proposals are spawned by cosmetic considerations and indeed by populism, and that it is utterly absurd to consider a reduction in the number of Members of the House of Commons to a lower level than at the time of the Great Reform Act when the population of this kingdom was only a third to a quarter of what it is now. Indeed, all that will be achieved is an enhanced distance between the ordinary voter and the ordinary representative, which cannot be good for democracy.

Lord McNally Portrait Lord McNally
- Hansard - -

On the contrary, one of the things on which we can again pay tribute to the previous Administration is the progress that they made in devolution. We intend to carry forward the process of devolution so that more responsibility is given to the Parliaments and Assemblies of the nations and regions of this country. If you do that, it is absurd to continue with a House of Commons of the same size as when it had the responsibilities that have now been devolved. That is part of the sensible consequences of devolution.

Lord Howarth of Newport Portrait Lord Howarth of Newport
- Hansard - - - Excerpts

My Lords, is the Minister entirely confident that it is a wise course on the part of the Government to attempt to reduce the number of constituencies at the same time as introducing AV? Does he accept that it is one thing, and pretty difficult at that, to persuade Members of Parliament to vote for an electoral system other than the one that brought them to Westminster, but that it is an altogether more desperate undertaking to ask them to agree to a game of Russian roulette, which will ensure that for significant numbers of them there will not be a seat in the next Parliament? Will all this not stretch the tolerances of coalition Back-Bench MPs?

Lord McNally Portrait Lord McNally
- Hansard - -

These are matters of political judgment. The twin objectives of the coalition are to bring greater fairness to our electoral system and equality of weight to each vote. At the same time, we would wish to go with the flow of what we have been doing in recent years, which is to move power to the devolved Parliaments and Assemblies.

Lord Rennard Portrait Lord Rennard
- Hansard - - - Excerpts

My Lords, does the Minister accept that special provision for island communities would need to be made in the guidelines given to the Boundary Commissions? Does he further accept that without special provisions, it would, for example, be very difficult for a single Member of Parliament to represent, say, a part of the Isle of Wight and a part of the mainland, or for a single Member of Parliament to represent the 20 populated islands in the Orkney and Shetland constituency, and the large geographic constituency of Caithness, Sutherland and Easter Ross?

Lord McNally Portrait Lord McNally
- Hansard - -

That is a fair point. The integrity of the Boundary Commissions and the way in which they go about their work have never been in doubt, thank goodness. Because this is constitutional legislation, it will be taken on the Floor of the House in the other place and we will have in this place experts such as the noble Baroness, Lady Gould, my noble friend and others who have great experience and will put their input into the deliberations as this legislation goes through.

Lord Grocott Portrait Lord Grocott
- Hansard - - - Excerpts

My Lords, two weeks ago, when I asked a similar Question, the Minister was good enough to acknowledge that the Answer provided by his civil servants was wholly inadequate. He was also rather disappointed that the answer with which he attempted to improve the efforts of his civil servants was not that good either. Now that he has had a fortnight to think about how long he estimates the Boundary Commission will take bearing in mind that the last review took six years, and now that the finest brains of the civil servants in his department have been focused on this for the past couple of weeks, can he give any improvement on the wholly inadequate Answer that he gave me last time?

Lord McNally Portrait Lord McNally
- Hansard - -

I very much regret that the noble Lord has raised that. I was severely reprimanded by the department and it was a couple of days before any of the civil servants talked to me. As I said in answering this question, Ministers are taking advice on the detailed proposals and will bring forward legislation and a timetable as soon as possible.

Justice: Legal Fees

Lord McNally Excerpts
Monday 21st June 2010

(16 years, 1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Lester of Herne Hill Portrait Lord Lester of Herne Hill
- Hansard - - - Excerpts



To ask Her Majesty’s Government whether they intend to exercise the power conferred by section 58(4)(a) of the Courts and Legal Services Act 1990 to reduce the maximum success fee chargeable under a conditional fee agreement in defamation proceedings.

Lord McNally Portrait The Minister of State, Ministry of Justice (Lord McNally)
- Hansard - -

The Government are currently considering the recommendations from Lord Justice Jackson’s report, Review of Civil Litigation Costs, published in January 2010. The Government’s analysis of Sir Rupert’s recommendations, once completed, will determine the next steps on the success fee in defamation proceedings.

Lord Lester of Herne Hill Portrait Lord Lester of Herne Hill
- Hansard - - - Excerpts

My Lords, first, I pay tribute to the noble Lord, Lord Bach, and the right honourable Jack Straw, who began to focus on the abuses created by conditional fee agreements with 100 per cent success fees. I urge the Minister and his colleagues not to wait for consideration of the vast Jackson report before taking urgent action to deal with what I think is a scandal, where some fellow members of my profession charge inordinate fees through the conditional fee agreement so that the costs far outweigh any damages that NGOs, individuals or the press may have to pay. That is a very urgent matter.

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, we recognise the sense of urgency, but also the complexity of the issue. As my noble friend will know, the proposals made by the previous Government ran into trouble at the other end of the building. We are looking at the Jackson report and we will treat the matter with the urgency that my noble friend said that it deserves.

Lord Bach Portrait Lord Bach
- Hansard - - - Excerpts

My Lords, the Minister knows that on 25 March last, this House agreed the statutory instrument that would have given effect to the intention of his noble friend Lord Lester. Will he please use his undoubted great influence in government to ensure that that intention is fulfilled and that that happens soon? It needs to. This is a bit of a scandal. We cannot wait for Jackson. We look forward to the Bill of the noble Lord, Lord Lester, in due course but this needs quick government action. Can the Minister please do his best to ensure that that happens?

Lord McNally Portrait Lord McNally
- Hansard - -

I can give assurances that we will treat the matter with all due seriousness. Whether we will follow the same path as the previous Administration is more questionable. As the noble Lord will know, Lord Justice Jackson has made a different recommendation about how to deal with this problem. We will weigh up what he has argued in his report and consider the debate in this House and other views on what the previous Administration was proposing to do.

Lord Pannick Portrait Lord Pannick
- Hansard - - - Excerpts

My Lords, can the Minister confirm that a very large proportion of success fees are paid in defamation cases brought by claimants who are sufficiently wealthy themselves to pay a proper professional fee for their action? Therefore, success fees make no contribution whatsoever to proper access to justice. In asking that question, I declare an interest as I act for Mirror Group Newspapers, which is bringing proceedings in the European Court of Human Rights relating to success fees in the case of Naomi Campbell and her privacy complaint.

Lord McNally Portrait Lord McNally
- Hansard - -

Having spent some years treading the line between public relations clients and what I could say in the House, I am always very envious of how my learned friends manage to tread that line so well. This defamation area produces great scandals, and I think that the balance of Lord Justice Jackson’s report will point us in the direction of urgent action. I pay tribute to the noble Lord, Lord Lester, who has made available to my department his not inconsiderable research and preparation for a Defamation Bill, which will, I hope, enable us to move forward very quickly on this. I do not think I will say any more about the Mirror Group case.

Lord Bates Portrait Lord Bates
- Hansard - - - Excerpts

Can the Minister confirm whether this change in success fees would apply to cases heard in the High Court? If so, is he aware of a ruling in the High Court this morning that the decision of the previous Government to impose unitary authorities on Norwich and Exeter was unlawful? Given that this is a victory for common sense, will he ensure that there is no maximum in the success fee available to counsel?

Lord McNally Portrait Lord McNally
- Hansard - -

I thank the noble Lord for bringing me up to date on that saga. I think there should be a limit on success fees or, as the noble Lord, Lord Pannick, suggested, that the success fee should be borne by the successful claimant.

Lord Clinton-Davis Portrait Lord Clinton-Davis
- Hansard - - - Excerpts

What are the views of the Bar Council and the Law Society about this issue? Do they think it can wait or do they demand urgent action?

Lord McNally Portrait Lord McNally
- Hansard - -

We are taking the advice of the Bar Council and the Law Society. Nobody has suggested that the issue should wait. Lord Justice Jackson has produced a 500-page report which even due courtesy would suggest should be studied before the Government proceed to action.

Lord Phillips of Sudbury Portrait Lord Phillips of Sudbury
- Hansard - - - Excerpts

Would my noble friend look more widely at the conditional fee situation now prevailing? As he may know, there are large commercial purchasers of cases from the public—they are not subject to any Law Society or Bar Council rules—who then sell them in bulk to solicitors for a fee per case plus a proportion of the conditional fee gathered in the course of it. Would he not accept that that is a gross problem for justice today?

Lord McNally Portrait Lord McNally
- Hansard - -

The way the conditional fee regime has grown up has produced a number of abuses and anomalies. Right from the beginning, from those Benches across there, I raised some of the actions of the companies to which my noble friend referred. I know that Lord Justice Jackson has looked at the actions of those companies in his report and has made some recommendations. I think that right across the House, there is a general feeling that there are abuses in the conditional fee system. We have to get the balance right between the access to justice that conditional fees give and some of the anomalies and, indeed, abuses that have grown up in practice. We will do so after consideration of Jackson, but with all due urgency.

Parliamentary Constituencies: Boundaries

Lord McNally Excerpts
Tuesday 15th June 2010

(16 years, 1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Grocott Portrait Lord Grocott
- Hansard - - - Excerpts



To ask Her Majesty’s Government what is the estimated time required for a full review of parliamentary constituency boundaries.

Lord McNally Portrait The Minister of State, Ministry of Justice (Lord McNally)
- Hansard - -

My Lords, the Government have announced that legislation will be introduced to provide for the creation of fewer and more equal-sized constituencies. Further details will be announced in due course, and we will of course seek to frame the legislation in a way that ensures that the boundary commissions can complete their task in a timely, fair and thorough way.

Lord Grocott Portrait Lord Grocott
- Hansard - - - Excerpts

My Lords, that was an Answer to a question but not to the one that I asked. The Question was what the Government’s estimate is of how long it will take to undertake a full review of parliamentary constituencies—a simple and straightforward question, I would have thought. Is the Minister aware that the previous review took six years and eight months? That was quite proper; it gave local people the opportunity to appeal and for full local inquiries, part of the localism that the noble Baroness, Lady Hanham, rightly referred to as being a crucial part of this Government’s objectives. I appeal to him to ensure that there is no short-circuiting of local democracy and no denial of local people’s rights to appeal. If there is any short-circuiting of the appeals procedure in the established parliamentary Boundary Commission, then if this is the new politics, I for one prefer the old.

--- Later in debate ---
Lord McNally Portrait Lord McNally
- Hansard - -

The Answer drafted by my department was even vaguer than the one that I gave, so I feel rather hurt because that one was all my own work. It answered the Question, too: the previous review lasted nearly seven years but this one will be done in a timely, fair and thorough way. We will see when it ends whether it has fulfilled those criteria; I suspect that it will.

Lord Howe of Aberavon Portrait Lord Howe of Aberavon
- Hansard - - - Excerpts

Is my noble friend aware that many people are confused, sometimes to the point even of failing to vote, by the frequency with which constituency names are changed? Is he further aware that, remarkably, the constituency of Aberavon has borne the same name over at least the 42 years for which it was represented by the noble and learned Lord, Lord Morris of Aberavon, after he had defeated me in 1959? More than that, is he aware that it bore the same name when Ramsay MacDonald represented it in the 1920s, and that it bears the same name today? Will he pass that observation on to the Boundary Commission?

Lord McNally Portrait Lord McNally
- Hansard - -

I fully endorse that. I have great confidence in the independence of the Boundary Commission. I have to say, with some bitterness, that when the Boundary Commission decided to put Stockport Town Hall, Stockport market and Stockport’s major municipal buildings into Denton and Reddish in 1983 I doubted its sanity, but I am sure that the message about consistency in names and the preservation of historic names is important.

Baroness Farrington of Ribbleton Portrait Baroness Farrington of Ribbleton
- Hansard - - - Excerpts

Would the Minister give an assurance that the interests of the constituency in terms of geographical area covered will be given due regard by the Boundary Commission, because some constituencies could be almost half the size of Scotland? Could he also give an assurance that the Boundary Commission will be asked to have regard to those areas of dense population where everyone knows that the number of people who register is far below those entitled to vote, because those not failing to register are not necessarily spread evenly across the country?

Lord McNally Portrait Lord McNally
- Hansard - -

Yes, of course the Boundary Commission will be taking all those considerations into account. I understand the concerns about registrations to vote, which are extremely important. As I think was mentioned in a question yesterday, 92 or 93 per cent registration is not bad as an aim, but there is no doubt that there is difficulty about registration. My brief says that,

“non-registration was higher among private renters … unemployed … those without qualifications and those in non-permanent employment”.

There are similar bad figures for ethnic minorities. Those have to be looked at, and I am quite sure that that and other considerations will be taken into account by the Boundary Commission.

Lord Elystan-Morgan Portrait Lord Elystan-Morgan
- Hansard - - - Excerpts

The Minister will recollect that, during the general election, much was said about seeking to achieve an equal number of constituents in each constituency. How harshly is that rule to be applied? Does it mean that a time will come when mountain ranges, rivers and county and borough boundaries will count for nothing, and that there will be total arithmetical correctitude but no soul, no character and no history for such constituencies?

Lord McNally Portrait Lord McNally
- Hansard - -

No, that would be an absurd objective, but we have to come to a realisation that when a Government are elected on 36 per cent of the vote but are given a healthy 60-seat majority in the House of Commons, the electoral system has got out of kilter. I might also mention that when 23 per cent of the electorate return only 57 MPs, there are signs that perhaps that system is in need of examination. Of course, when the Boundary Commission comes to look at this, the kind of historical and geographical issues to which the noble Lord referred will be taken into account. I am actually quite surprised at the scepticism from some parts of the House. There is nothing up the sleeve; this is a rational approach to a distorted system.

Lord Tyler Portrait Lord Tyler
- Hansard - - - Excerpts

As my noble friend has indicated, this is part of the general objective of trying to make sure that there is equal value for every citizen’s vote, as is the electoral reform to introduce a fairer voting system. Can he reassure us that the Government intend to make sure that this exercise and electoral reform proceed in tandem, and that the programme or timetable to which he refers will indicate an outcome and complete the process before the next general election?

Lord McNally Portrait Lord McNally
- Hansard - -

That is our intention.

Lord Bach Portrait Lord Bach
- Hansard - - - Excerpts

My Lords, will the noble Lord confirm that the Conservative-Liberal coalition’s plans to reduce the size of the Commons will make it smaller than at any time since the passing of the Great Reform Act in 1832? I remind him that the population is now 61 million; in 1832 it was 17 million. Does he, as a former Member of Parliament, as he mentioned, and as a Liberal Democrat really believe that the citizens of the United Kingdom have suddenly become overrepresented in the House of Commons?

Lord McNally Portrait Lord McNally
- Hansard - -

The size of the constituency is a matter for discussion. In the present House of Commons, as is well known, it ranges from around 100,000 people to just over 20,000. There are reasons for those extremes but within them there is plenty of room for discussion of what would be a reasonable size of constituency for a Member of Parliament to look after. As well as the differences in population since 1832, there have been great changes in the communications and facilities open to Members of Parliament, and to the staff and assistance that Members of Parliament get.

Drugs and Crime

Lord McNally Excerpts
Tuesday 15th June 2010

(16 years, 1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord McNally Portrait The Minister of State, Ministry of Justice (Lord McNally)
- Hansard - -

My Lords, I thank the noble Lord, Lord Brett, not for a bucket of cold water—rather, I think, for a lifeline for me in responding to this debate. I will certainly take back the point about discussions with European colleagues because it is a very sound suggestion. One of the problems that I now face is that I have 12 minutes. Noble Lords will have seen notes coming from the Box, and I have been taking notes myself that amount to more than 20 pages. I could probably cover a good hour in responding. However, I will make sure that we produce from these notes and the points raised a response that will go to all participants in this debate and to the Library of the House. Taking on board the point just made by the noble Lord, Lord Brett, and that made by the noble Lord, Lord Mancroft, earlier, yes, I will make an absolute commitment that we will have another debate on this issue when the Government have bedded down a little more and have more to say on this matter.

The speakers list to which I will now respond is a checklist of the depth and breadth of experience available to the House on this topic, and I pay tribute to the noble Baroness, Lady Meacher, for promoting the debate and to her and other noble Lords’ success in influencing the UN to produce the report that has provided its basis. The noble Baroness said in opening the debate that no serious policy-maker can ignore this paper. I can assure her, as a fairly new serious policy-maker, that I do not ignore it and neither will I ignore what has been said in the debate. It is timely and relevant.

Drugs are a scourge in our society. The Centre for Social Justice has identified addiction as one of the main factors linked to social breakdown. Drugs destroy lives and undermine the potential of our youth. Drug addiction feeds crime. Between a third and a half of all acquisitive crime such as burglary is drug-related, and drugs also drive street prostitution, as referred to by the noble Baroness, Lady Masham. This Government are convinced that tackling the problem of drugs is a priority.

The noble and learned Baroness, Lady Butler-Sloss, reminded me of that old American saying, “If it works, don’t try and fix it”, because the corollary of that logic is that if it does not work, try something else. Where are we today? Many speakers have referred to the grim statistics. There are at least 330,000 problem drug users—those who use heroin and crack cocaine in the UK. The cost of drugs to our society is enormous. It is around £15 billion overall, of which nearly £14 billion is attributed to drug-related crime. In response, we have been spending around £1.2 billion on various interventions by health services, by the police, in prisons and through our probation services. On average, we estimate that 55 per cent of prison entrants have a serious drug problem, but as has been referred to, many are given short sentences with little time to enter into any serious rehabilitation. We believe that a better balance has to be struck.

Many drug users who leave prison do so with no supervision. Links to the community are there, through healthcare and drug intervention programmes, but too often the join-up is missing. We need to build on approaches such as the integrated offender management programme and innovative work that is being done in the voluntary sector, such as mentoring. Offenders must not fall through the net when they leave prison.

The noble Lords, Lord Thomas of Gresford, Lord Rea and Lord Mancroft, all referred to the drug courts, which are also mentioned in the UN report. Drug courts that support community orders and challenge offenders’ progress through them are starting to develop. Initial results from two courts have been positive, and a full evaluation of four further drug-court pilots is due this autumn. The drug interventions programme has also made real progress by getting those who come into contact with the criminal justice system into treatment early. An evaluation has shown that overall volumes of offending fell by 26 per cent among those studied from this group, and we know that people who enter this treatment through the criminal justice system do as well on it as those who enter voluntarily.

The paper from the United Nations Office on Drugs and Crime supports the rationale of engaging drug users in treatment rather than relying on punishment alone. Healthcare and support services play a vital role in addressing drug misuse and drug-related crime. Without them, we would stand no hope of getting offenders off drugs. However, we have to carry public opinion with us, including the public opinion at the other end of this building, and we must not lose sight of the impact that this offending has on victims and our wider communities. Offenders must be made to take responsibility for the harm they have caused. Sentencing and tough sanctions should reinforce the treatment that needs to be available in prisons and in the community.

What should be said loud and clear, however, is that treatment for drug misusers is an essential part of our approach and, as the noble Baroness, Lady Meacher, made clear, it is cost-effective. A Home Office study estimated that the benefit for all drug treatments stands at around £2.50 for every £1 spent. As I have said, there is now substantial investment in drug-strategy interventions, and a large proportion of that is allocated to drug treatment. However, I am clear that treatment should not become an end in itself, creating a culture of dependency on state-funded methadone maintenance programmes. I was reassured by what the noble Lord, Lord Adebowale, said on this point.

The current approach in this country reflects the broad approach endorsed by the paper. However, we must avoid reading into the paper opinions that it does not express. It is not a blank-cheque endorsement of decriminalising or legalising drug use. The Government’s approach, with the purpose of rehabilitating offenders, will use sentencing and criminal justice services to move them into treatment with the clear goal of turning their lives around, possibly with the incentive of reduced or community-based sentencing if they co-operate. We believe that legalisation takes no account of the consequences of the significant increase in use that might follow and the Government have no intention of legalising the so-called recreational use of any currently controlled drugs. I associate myself with what the noble Lord, Lord Thomas, said about it being a hobby for the rich which finances organised crime.

Our priority is to ensure that investment in treatment provides the best results. That means we must improve the effectiveness and cost-effectiveness of the treatment framework in place, including making better use of the voluntary sector. I am very impressed by the range of initiatives within the voluntary sector. This is not an excuse for avoiding the Treasury axe because there is a synergy to be built between what the Government are trying to do and what the voluntary sector can do.

Our programme in government is to take a fresh look at rehabilitation to ensure that sentencing for drug use helps offenders come off drugs, and to explore alternative forms of secure, treatment-based accommodation for drug offenders. We want to develop community sentences so that more offenders finish them drugs-free. We want to make sure that prisons are places where offenders address their drug misuse, not where their problems get worse.

I heard what the noble Lord, Lord Thomas, and the noble and learned Baroness, Lady Butler-Sloss, said about prisons. My officials are sending me encouraging statistics to show how hard they are working to tackle the problem of drugs in prisons and I shall include these in my round-robin letter.

We want to work with voluntary and private organisations to tackle the root cause of reoffending. Again I associate myself with what the noble Lord, Lord Adebowale, said about these problems often beginning in social and family backgrounds. We want to reduce reoffending through improved management of offenders and to strengthen and empower communities and the voluntary sector to manage those offenders who cause suffering to their local areas.

If we are going to carry public opinion with us on these matters, we have to realise that as well as drugs misuse being a terrible problem for the drug taker and their family and children, it is a terrible problem for the absolutely innocent member of the community who may be burgled or mugged when they come across the need of the drug taker to feed their habit through crime. We have to take them along with us if we are going to get support for the kind of approach that has been so widely advocated around the House tonight. Our approach will not abandon punishment or the criminal justice system but afford priority to treatment and rehabilitation, offering better prospects for the individuals concerned, for communities and for society as a whole.

I know that this position will not meet every hope and aspiration expressed by noble Lords, but I hope that they will see that our direction of travel takes account of the views expressed in the UN discussion paper, as well as the work done in this country and abroad by think tanks and NGOs. I can assure noble Lords that what has been said today will be studied by me and my colleagues in all the government departments concerned. My final pledge is: I will return.

Elections: Fraudulent Registration

Lord McNally Excerpts
Monday 14th June 2010

(16 years, 1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Naseby Portrait Lord Naseby
- Hansard - - - Excerpts



To ask Her Majesty’s Government what action they will take to prevent fraudulent multiple registration by individuals to vote in elections and to ensure that electors who turn out to vote can do so.

Lord McNally Portrait The Minister of State, Ministry of Justice (Lord McNally)
- Hansard - -

My Lords, the Government are committed to tackling electoral fraud by speeding up the introduction of individual electoral registration. This will improve the accuracy of the register and ensure that only those entitled to vote get on to the electoral register. We are also considering the Electoral Commission’s report on the queues at polling stations on 6 May and the Government will take any appropriate steps necessary to prevent a repeat.

Lord Naseby Portrait Lord Naseby
- Hansard - - - Excerpts

My Lords, I thank my noble friend for that succinct Answer. Is he aware that on 23 February I asked a supplementary to a Question for Oral Answer about how many recommendations from the Electoral Commission the then Government had implemented? I received a holding response that afternoon and later a letter was placed in the Library which indicated that there were a great many outstanding items. In the light of the last election when over 1,000 queued up and then could not vote, and there were serious problems with the register itself, as indicated by the Commonwealth monitoring group, is it not time to look at the role and powers of the Electoral Commission so that we have full and fair elections and can trust in the results?

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, I share the aspirations of my noble friend, but it is fair to put the case into perspective. There were problems at 27 polling stations out of 40,000. That was a bad piece of public relations and terrible pictures went around the world, but in fact represented a very small percentage of the actual turnout.

On the powers of the Electoral Commission, I think it is true to say that it has few teeth; whether it should be given more teeth or its powers transferred elsewhere is a matter for discussion and examination after we have its report on the recent general election.

Lord Bach Portrait Lord Bach
- Hansard - - - Excerpts

My Lords, all sides agree that individual registration is the way forward. However, does the Minister agree that the danger is that if we move too quickly, it is a near certainty that many of our fellow citizens will drop off the register, thus adding to the 3.5 million people whom the Electoral Commission estimates are currently unregistered? Does not the Northern Ireland experience, where 10 per cent of the population immediately fell off the register following a sudden switch to individual registration, show us how careful we must be?

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, it is quite clear that the noble Lord, Lord Bach, is holding on to his old briefs. Yes, that is exactly why the implementation of the new form of registration has been taken at a measured pace. The experience in Northern Ireland was of a very large drop. However, again, we have got to get into perspective the fact that 91 or 92 per cent of people are on the electoral register. We are trying to balance the need for a clean and credible register against the points of caution the noble Lord has pointed out.

Lord Rennard Portrait Lord Rennard
- Hansard - - - Excerpts

My Lords, does the Minister accept that it is now time to consider changing polling day from a Thursday to avoid the kind of problems we had in the recent general election, with large queues of voters unable to vote in the middle of the evening? By switching voting to the weekend we would avoid disruption to schools and enable more people to participate in our elections.

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, I have a great deal of sympathy with my noble friend’s argument for weekend voting. However, he may well be aware that the consultation on this matter did not show a great deal of support for the idea. We may come back to this issue, but the problems on 6 May, the day of voting, lay elsewhere.

Lord Strabolgi Portrait Lord Strabolgi
- Hansard - - - Excerpts

My Lords, given the long queues to which the Minister referred, particularly in the evening, which prevented so many people getting to a polling station in time to vote, will the Government consider making polling day a bank holiday so that voting can be spread throughout the day? This would be of help to people who have to work in the daytime and cannot get to the polling station until the evening, sometimes after travelling long distances.

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, my noble friend Lord Shutt, who has experience of Yorkshire habits, said that in his part of the world the voters would all go to Blackpool if they were given a bank holiday, so the idea has some attractions.

Lord Campbell-Savours Portrait Lord Campbell-Savours
- Hansard - - - Excerpts

My Lords, can the Minister assure the House that, during the period the coalition is in government, local authorities will have ring-fenced budgets for electoral registration offices and that the budgets will not be cut?

Lord McNally Portrait Lord McNally
- Hansard - -

Such questions are always extremely difficult to answer because we never know what is going on at No. 11 Downing Street, as the noble Lord knows well. One of the commitments of successive Governments has always been that they supply sufficient budget to enable our democracy to function properly. I cannot imagine that we will move from that situation.

Lord Elton Portrait Lord Elton
- Hansard - - - Excerpts

My Lords, the noble Lord, Lord Bach, mentioned 10 per cent of the population dropping off the register in Northern Ireland. How many of those 10 per cent should not have been there in the first place?

Lord McNally Portrait Lord McNally
- Hansard - -

I am not sure. We all know all the jokes about Northern Ireland voting. This Government take fraudulent voting very seriously. Wherever in the country there is fraud, we will prosecute with the firmest intention of getting convictions.

Lord Brooke of Alverthorpe Portrait Lord Brooke of Alverthorpe
- Hansard - - - Excerpts

Is it not a cause for concern, and no cause for complacency, if we have only 91 per cent of the eligible population registered? What steps will the Government take to ensure that the figure does not fall below 91 per cent? If possible, will they take steps to try to increase it?

Lord McNally Portrait Lord McNally
- Hansard - -

It is not a reason for complacency, and there is none. People are encouraged to register. Interestingly enough, the figure for registration in Australia, where there is compulsory voting, is 95 per cent, so we are not far off. Ours is a voluntary system of registration. We should continue to promote in our society the social contract that registration and voting involve. We should not chase voters by making it ever easier to vote without putting some challenge to the rest of the population and making it clear that there is a responsibility. If you have the honour, the pleasure and the freedoms of living in democracy, you participate by voting.

Children: Criminal Responsibility

Lord McNally Excerpts
Thursday 10th June 2010

(16 years, 1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Deech Portrait Baroness Deech
- Hansard - - - Excerpts



To ask Her Majesty’s Government whether they plan to raise the age of criminal responsibility.

Lord McNally Portrait The Minister of State, Ministry of Justice (Lord McNally)
- Hansard - -

My Lords, the Government have no plans to raise the age of criminal responsibility. They believe that setting the age of criminal responsibility at 10 allows front-line services to intervene early and robustly. This helps to prevent further offending, and it helps young people to develop a sense of personal responsibility for their behaviour.

Baroness Deech Portrait Baroness Deech
- Hansard - - - Excerpts

I am grateful to the Minister for that Answer. Would he acknowledge that it is widely regarded as inappropriate to see 10 year-olds in court and very small children being examined as witnesses? Most of the rest of Europe has a much higher age of responsibility than we do and the United Nations is calling for it to be raised. Will the Minister kindly consider a package of measures: raising the age to 14; not holding trials of children in open adult courts; not questioning child witnesses in court; not using custodial sentences; and, of course, in this age of cuts, concentrating on preventing children getting into the criminal system in the first place?

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, having had less than a month’s experience, I pay due deference to the experience of the noble Baroness. Whatever age group we pick will be arbitrary. I have looked at the international comparisons, which range from six to 17. I will obviously take back to the department the recommendations she makes for due consideration. However, I was very impressed by the mixture of processes introduced by the previous Administration which makes it a rare occurrence for very young children to be before a court. There is a mixture of reactions to their offending which seeks to achieve early intervention and progress for the children concerned.

Lord Borrie Portrait Lord Borrie
- Hansard - - - Excerpts

My Lords, does the Minister agree that, while there may not be one perfect answer for all cases—the differences across the jurisdictions demonstrate that—it might be an idea if a judge had an element of discretion in the case before him not to allow what happened in the recent case to which the noble Baroness, Lady Deech, referred?

Lord McNally Portrait Lord McNally
- Hansard - -

The case that has been referred to is still under the jurisdiction of the judge concerned. However, it is interesting that he is going to give his opinions of the process to the Lord Chief Justice, who, in turn, will give his to the Lord Chancellor. I emphasise again, coming to this very green and very new, I was extremely impressed by the wide variety of responses. The idea that children aged 10 to 12 are automatically put into the court system is false. The number of responses that have been developed over the past few years are very impressive and much to the credit of the previous Administration.

Earl of Listowel Portrait The Earl of Listowel
- Hansard - - - Excerpts

Under their duty to consult children under the UN Convention on the Rights of the Child, will the Minister and his colleagues consider speaking to 10, 11 and 12 year-olds in custody, particularly about their family experience? Will they further consider speaking to the teachers, social workers and psychiatrists who work with them on this matter?

Lord McNally Portrait Lord McNally
- Hansard - -

I certainly agree to that. I also take the noble Earl’s point about the family. One has only to look at a very few cases to find that these children come from extremely damaged backgrounds. We shall look at making sure that their parents take responsibility for their actions. There is a very clear relationship between damaged children committing crimes and an appalling family background.

Lord Elton Portrait Lord Elton
- Hansard - - - Excerpts

My Lords, does the Minister agree that the last of the lengthy catalogue of recommendations from the noble Baroness, Lady Deech, to reinforce the previous Administration’s legacy towards the early intervention to which he referred, was the least controversial, the most attractive and likely to be the most effective and least expensive? Will he add to that a dimension of support for the voluntary agencies, which are by far the most effective deliverers of these services?

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, the simple answer is yes. Whether the strategy of the previous Administration was working may be answered by figures released this morning that show a decrease of 20.7 per cent in the number of young first offenders. That has been achieved by avoiding knee-jerk reaction, using the voluntary sector and giving wide discretion. The direction of travel which we inherited is one which we intend to follow.

Lord Richard Portrait Lord Richard
- Hansard - - - Excerpts

Will the Minister assure us that the report by the learned judge to which he referred earlier will be made public?

Lord McNally Portrait Lord McNally
- Hansard - -

It is above my pay grade. It is no use the noble Lord saying, “Oh, come on”; he knows darn well that I cannot make that kind of commitment. However, I am sure that the Lord Chancellor will note such a recommendation from such a learned QC.

Baroness Buscombe Portrait Baroness Buscombe
- Hansard - - - Excerpts

In developing his thinking, will the Minister look at the tremendous amount of work done by the Conservative Party in opposition in 2001-02, when we looked in great detail at how we prevent young people getting on to the conveyor belt to crime? I think that that would help him. Will the Minister agree to do that?

Lord McNally Portrait Lord McNally
- Hansard - -

One of advantages of the coalition is that I am now able to look at the wide body of research that comes from all the parties. I do not think that it is a party political issue; nor is there a simple, ideological solution. However, as a complete newcomer to this issue, I think that some solutions have been found. As I have said previously, we fully intend to follow the direction of travel of the previous Administration, while of course taking into account the experience of our sister coalition party as well.

Lord Bach Portrait Lord Bach
- Hansard - - - Excerpts

I thank the Minister for his generous comments; the comments that we received from around the House when we were in government were not always quite so generous. Will he ensure that, when the cuts come, the important work being done in this field which he has been generous about is not cut? It is crucial that it remains, whether voluntary or statutory.

Lord McNally Portrait Lord McNally
- Hansard - -

We shall certainly do our best, because the figures also show that making short-term cuts often leads to government expenditure such that it would be cheaper to send young people to Eton than to keep them in custody.

Prisoners: Voting

Lord McNally Excerpts
Wednesday 9th June 2010

(16 years, 1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Dubs Portrait Lord Dubs
- Hansard - - - Excerpts



To ask Her Majesty’s Government what are their plans to give prisoners the right to vote.

Lord McNally Portrait The Minister of State, Ministry of Justice (Lord McNally)
- Hansard - -

My Lords, the Government are considering afresh the best way forward on the issue of prisoner voting rights.

Lord Dubs Portrait Lord Dubs
- Hansard - - - Excerpts

My Lords, I am trying to think what “afresh” means. Will the Minister confirm that the Council of Europe yesterday gave the British Government three months in which to comply with a ruling of the European Court of Human Rights and that the previous Labour Government were committed to doing so? Will the Minister give some indication whether “afresh” means “some time” or “not likely”?

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, “afresh” probably means “with a greater sense of urgency than Ministers in the last Government approached the issue”.

Lord Bach Portrait Lord Bach
- Hansard - - - Excerpts

My Lords, as the Minister will recall, this question has been asked many times in this House during the past 18 months. Before the election, the Conservative Official Opposition were strongly in favour of the steps taken by the then Government to implement the ECHR ruling. The Liberal Democrats were equally strongly against our approach, accusing the then Government of dragging their feet, so I think that the House would be grateful to know the view of the present Government. Why is there no mention of this issue in The Coalition: Our Programme for Government? Is the issue not important enough for the document, or is it just too difficult?

Lord McNally Portrait Lord McNally
- Hansard - -

That comes from a Minister who did not even get “afresh” into any of his answers over a long period of time. He will be well aware that the court slightly moved the goalposts, in its decision of 8 April on Frodl v Austria, which narrowed even further the terms under which votes could be denied to prisoners. Given that and the fact that Ministers have just come into office, I think it perfectly reasonable that we be given some time to look at this. At the meeting of the Council of Europe in September, we intend to fully update the council on our thoughts on this matter.

Earl of Onslow Portrait The Earl of Onslow
- Hansard - - - Excerpts

My Lords, I was on the Joint Select Committee on Human Rights when this judgment was made, and I hoped at the time that grass would be heavily fertilised around this issue. It is the sort of judgment that does not really help to bring the general issue of human rights to the forefront of an Englishman’s mind. That is something that I regard as extremely important. We should be clear on human rights—and we should allow grass to grow in great dollops around issues such as this one.

Lord McNally Portrait Lord McNally
- Hansard - -

I think that the noble Lord’s Question was about whether the Government were committed to the basic, underlying human rights commitments in our membership of the council—and that is absolutely true and firm. But as at least two of the former Ministers now gazing at me know, there is a range of options. They were working on an option that might have been quite acceptable to a broad base of British public opinion, but the Frodl judgment has moved the goalposts again. That is why we are looking at the matter afresh.

Lord Corbett of Castle Vale Portrait Lord Corbett of Castle Vale
- Hansard - - - Excerpts

My Lords, can I tempt the Minister to define “afresh” as meaning a period shorter than the seven years which, regrettably, the last Labour Government took to do nothing about this issue? Is it not an absolute disgrace, given the support all around this House for much more emphasis on rehabilitation of people in prison, in this day and age to deny prisoners the vote as part of that rehabilitation process? It is totally wrong.

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, my senior colleagues in government are considering this matter. All that I can do is to guarantee that the expertise and experience in this House will be transferred to those colleagues.

--- Later in debate ---
Lord Tebbit Portrait Lord Tebbit
- Hansard - - - Excerpts

My Lords, can my noble friends’ noble friend on the Front Bench tell whether there is any evidence whatever that this measure has any support outside this House among the general public?

Lord McNally Portrait Lord McNally
- Hansard - -

I am not sure that it has support in the editorial columns of the Daily Express or the Daily Mail, but in the broader general public there is a willingness to consider the experience of other countries, both in rehabilitation of prisoners and the kind of punishment meted to them. We will report to the September meeting, and the contributions of this House—both from my noble friend and from the noble Lord, Lord Ramsbotham, I hope—will be taken into consideration.

--- Later in debate ---
Lord Ramsbotham Portrait Lord Ramsbotham
- Hansard - - - Excerpts

My Lords, I suspect that one of the reasons the previous Government took so long to come to no decision was that they were asking themselves, and indeed asking the public through the consultative process, the wrong question. The European Court of Human Rights laid down that every sentenced prisoner had the right to vote. Therefore the question is not who has the right to vote but who does not. In France and Germany, that is decided in court at the time of sentence by the judge according to the crime. Is that approach going to be tried in the fresh look, rather than continuing the sterile one that produced no answer?

Lord McNally Portrait Lord McNally
- Hansard - -

I am well aware that that is one consideration before Ministers at the moment, but it is one of a wide variety of considerations.

--- Later in debate ---
Lord McNally Portrait Lord McNally
- Hansard - -

I agree, my Lords, but when the court makes rulings and then makes new ones, it is up to the Executive to consider them carefully and consider the implications before they come to a decision. That is what we are doing, and I have already said that we will update the council of our view—not in seven years’ time, but in September.

Lord Grocott Portrait Lord Grocott
- Hansard - - - Excerpts

There is clearly difficulty here, particularly between the two parties to the coalition. In an effort to be helpful to the Government, I therefore suggest that they do for this issue what they have done already for so many other aspects of the coalition agreement document—set up a commission.

Lord McNally Portrait Lord McNally
- Hansard - -

Even for a former Chief Whip, that attitude is shameless. As has already been pointed out from the noble Lord’s own Benches, that lot sat on this decision for seven years. We have to face a new decision made on 8 April, and we have said that we will bring our conclusions to a September meeting of the council. I think that that is pretty good going.

House of Lords Reform: Committee Membership

Lord McNally Excerpts
Tuesday 8th June 2010

(16 years, 1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Lucas Portrait Lord Lucas
- Hansard - - - Excerpts



To ask Her Majesty’s Government what will be the membership of the committee to be established to bring forward proposals for a wholly or mainly elected upper chamber.

Lord McNally Portrait The Minister of State, Ministry of Justice (Lord McNally)
- Hansard - -

My Lords, my right honourable friend the Deputy Prime Minister announced yesterday that he will chair a committee composed of Members of all three major political parties in both Houses. It will be charged with producing a draft Bill by no later than the end of this year. The draft Bill will then be subject to pre-legislative scrutiny of a Joint Committee of both Houses. Those serving on the committee will be Mr Mark Harper MP, the noble Lord, Lord Strathclyde, the noble Baroness, Lady Royall, Sir George Young, Mr David Heath, Miss Rosie Winterton, Mr Jack Straw and me, under the chairmanship of Nick Clegg.

Lord Lucas Portrait Lord Lucas
- Hansard - - - Excerpts

My Lords, the best part of that Answer was the inclusion of the noble Lord himself in the list of members. Does he agree that it is important that the committee should have a deep understanding of the way that the House of Lords operates within the constitution in order to avoid some of the mistakes made by the previous Government when contemplating constitutional reform? Will he assure us that, unlike previous attempts at reforming the Lords, this one will be conducted openly and with full access for Members of this House to the committee to put their views and ideas?

Lord McNally Portrait Lord McNally
- Hansard - -

I thank my noble friend for his comments. I think that Fabio Capello could not get a better blend of youth and experience than this committee. How the committee will do its work will depend on what it announces after its first meeting. But I agree with him. I hope that Members of both Houses and organisations outside will feel free to feed in their ideas and opinions. But it is a working group to draft legislation. It will not just go around in ever-decreasing circles, which has been the experience of the past 10 years.

Lord Williams of Oystermouth Portrait The Archbishop of Canterbury
- Hansard - - - Excerpts

My Lords, given the historic role of this Chamber as representing the interests of non-partisan civil society, will the Minister give us some assurance that the proposals before us do not represent an increase in underlining the partisan character of this House? I speak of course with some interest from these Benches and with the Cross Benches in mind.

Lord McNally Portrait Lord McNally
- Hansard - -

I understand the interest that has been expressed. I can say only that the committee will take such considerations into its deliberations. Its conclusions will be reflected in the final draft Bill which will be presented for scrutiny by a Joint Committee of both Houses.

Lord Grenfell Portrait Lord Grenfell
- Hansard - - - Excerpts

My Lords—

--- Later in debate ---
Baroness D'Souza Portrait Baroness D'Souza
- Hansard - - - Excerpts

My Lords, does the noble Lord, Lord McNally, agree that two fundamental issues must, or should, underline the deliberations of the cross-party committee? The first is the need to identify the clear and necessary functions of the House of Lords. The second is that any proposals put forward should necessarily enable this House to do its job more effectively.

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, when we first meet I will draw those statements to the attention of the chairman, because they give a succinct work-in-progress for us.

Baroness Jay of Paddington Portrait Baroness Jay of Paddington
- Hansard - - - Excerpts

My Lords, given that the coalition has clearly set out the policy that it wants to see in terms of the Bill to be presented to both Houses of Parliament, what is the agenda, the remit, for this committee?

Lord McNally Portrait Lord McNally
- Hansard - -

The remit for the committee, taking into account what the Convener of the Cross Benches has just said, is to prepare a Bill. One of the great weaknesses of all our discussions over the past 10 years has been that no one has had a bone to chew on. We are going to produce a Bill.

None Portrait Noble Lords
- Hansard -

Oh!

--- Later in debate ---
Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - - - Excerpts

My Lords, would it not be more useful for the Deputy Prime Minister to set up a committee to look at the performance of the other place, given the amount of legislation that has come to this House to be reviewed and revised without having been debated or even considered in the House of Commons?

Lord McNally Portrait Lord McNally
- Hansard - -

My noble friend has always been skilled at getting an audience on his side and his point may well have merit. But the fact is that the three major political parties which fought the last election all had in their manifestos reform of this place. We are going ahead with those commitments as perhaps the other party should have done at some stage when it had the majority to do so.

Lord Grenfell Portrait Lord Grenfell
- Hansard - - - Excerpts

My Lords—

--- Later in debate ---
Lord Grenfell Portrait Lord Grenfell
- Hansard - - - Excerpts

I am most indebted to the Leader of the House. It is almost as difficult to get into an Oral Question these days as getting into Fort Knox used to be. In light of the composition of this very cosy committee, if I may characterise it as that, the exclusion from which of all Back Benchers I find discouraging—to put it ridiculously mildly—can the noble Lord assure us that we will be given plenty of time for pre-legislative scrutiny because I expect that that exercise will be ferocious, and it should be so?

Lord McNally Portrait Lord McNally
- Hansard - -

I could not agree more with the noble Lord, but the point is that this committee is about drawing up a Bill. It is not a debating society and therefore it is absolutely appropriate that those on the committee should represent the official policy of their parties. As I have said before, some of the speeches from the Labour Back Benches should really be made at Labour Party conferences to change Labour Party policy.

None Portrait Noble Lords
- Hansard -

Oh!

Lord McNally Portrait Lord McNally
- Hansard - -

In the mean time, Labour Party representatives will be on this committee furthering what they presented to the British people at the last general election.

Lord Tyler Portrait Lord Tyler
- Hansard - - - Excerpts

My Lords, does my noble friend recall that after the White Paper of 2008, the previous Government promised to bring forward for pre-legislative scrutiny precisely the Bill to which he is now referring, but never did so? In order to meet the concerns expressed on all sides of the House, I suggest that the sooner we get a draft Bill for pre-legislative scrutiny before a Joint Committee, as set out by my noble friend, the better. To accelerate that process, I would draw my noble friend’s attention—modestly—to the fact that the Second Chamber of Parliament Bill was introduced in the other House five years ago by Mr Kenneth Clarke, Mr Robin Cook, Mr Tony Wright, Sir George Young and myself.

Lord McNally Portrait Lord McNally
- Hansard - -

The building blocks for this Bill are all around us. The work has been done in many committees; I have served on three over the past 10 years. But this committee is going to do a real job of work that will allow the proper work of Parliament on its proposals.

Prostitution

Lord McNally Excerpts
Thursday 3rd June 2010

(16 years, 1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Avebury Portrait Lord Avebury
- Hansard - - - Excerpts

My Lords, in the absence of my noble friend Lord Dholakia, and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.

Lord McNally Portrait The Minister of State, Ministry of Justice (Lord McNally)
- Hansard - -

My Lords, we are studying closely how police forces are enforcing the law and how courts deal with the matters brought before them. We are also considering how to deal with the lessons learnt from the recent terrible events in Ipswich and Bradford. We are committed to tackling exploitation and harm caused to those involved in prostitution. All local agencies must work together to ensure the safety of the women involved.

Lord Avebury Portrait Lord Avebury
- Hansard - - - Excerpts

My Lords, on the first occasion that my noble friend has appeared at the Dispatch Box to answer a Question, perhaps I may warmly congratulate him on his appointment. In the light of Miss Claire Finch being acquitted by Luton Crown Court at the end of April of running a brothel with three other women at her home in Bedfordshire, will the Government encourage the CPS to issue guidance to police forces on the undesirability of prosecuting the hundreds of other women in similar situations? Given that it is 10 times riskier for prostitutes to work on their own, will the Government invite stakeholders such as the English Collective of Prostitutes and the Safety First Coalition to a consultation on how women engaged in providing sex services can be safeguarded, including an examination of the law in New Zealand, where it is lawful for up to four people to work together in the same premises, as my noble friend Lady Miller has reminded your Lordships on frequent occasions?

--- Later in debate ---
Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, I thank my noble friend for his good wishes. On the question of consultation and the organisations that he referred to, yes, we are in listening mode and we will be very pleased to have further discussions with him. As I said in my initial reply, we have studied what the courts were doing with cases brought before them. That will also affect the development of future policy.

The 2009 Act was first implemented on 1 April. At the moment, we must see how it beds down. As it stands, it is for the decision of local police forces, but there is a lot of learning to be done about how to respond to these issues and I hope that that will continue to be so at both national and local level.

Baroness Kingsmill Portrait Baroness Kingsmill
- Hansard - - - Excerpts

My Lords, I wonder whether the Government have any plans to curb the demand side of the sex industry, as well as the supply side.

Lord McNally Portrait Lord McNally
- Hansard - -

As the noble Baroness is aware, that was very much the thrust of the 2009 Act. We shall see whether the Act causes a drop on the demand side. Having done a quick crash course on these issues, I do not believe that there is a silver bullet for this. As noble Lords know, some countries such as Sweden go for the demand side, while others such as Holland go for decriminalisation. The department is looking very carefully at the experience of countries abroad in how to deal with this as well as at how various experiments in approach in this country are progressing and what impact they are having on this problem.

Baroness Trumpington Portrait Baroness Trumpington
- Hansard - - - Excerpts

My Lords, will the Government legalise brothels on health grounds, as has been done in other countries? I am not sure whether I am up to date, but my long-held views have certainly been shared by the Women’s Institute.

Lord McNally Portrait Lord McNally
- Hansard - -

That is a daunting endorsement, which any Minister would have to ponder. But seriously, this is a matter that we have to look at and on which we must develop policy. We must get away from talking about “the game”. In fiction we see the “happy hooker” and “belle de jour”, but this is not “belle de jour”. This is squalid, dangerous and criminal, and we must approach it as a society with that in mind. I assure my noble friend that we are looking at the experience of countries that have taken a different route and will learn the lessons from them in developing our policy.

Lord Bishop of Lincoln Portrait The Lord Bishop of Lincoln
- Hansard - - - Excerpts

My Lords, can the Minister comment on the fact that a great deal of the incentive towards prostitution is driven by drug addiction? Can we have an assurance that one way in which to deal with this issue is to ring-fence the current provision of rehabilitation facilities for those dependent on drugs who are likely to end up in prostitution or, indeed, to see that provision enhanced against a background of public service cuts?

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, any commitments on ring-fencing are made at one’s peril, but I am aware that the three issues that come up time and again in any study of this problem are drug dependency, homelessness and unemployment. Any programme that will help women out of prostitution must address those issues. The briefing that I have received tells me that the work of faith groups in helping in these matters and helping women caught up in prostitution into rehabilitation has been very significant.

Baroness Stern Portrait Baroness Stern
- Hansard - - - Excerpts

My Lords, I welcome the Minister to his post. I am sure he accepts that street prostitution is very dangerous and that not all street prostitutes could work from premises, even if they were legal. Is the Minister aware of projects in place to help prostitutes to be safer and to work with the police to take to court those who rape and assault street prostitutes? There are two of these projects, one in Bristol and one in Liverpool. Will he find out about them, perhaps invite those who run them to come and see him, and then take a view on whether it would not be worth increasing the number of such projects?

Lord McNally Portrait Lord McNally
- Hansard - -

My Lords, I could not agree more. Both those projects were referred to in my briefing and I am aware that the department is in discussion with those local authorities. There is a strong sign that local authorities, the police and the courts are talking to each other and co-operating; there is also a lot of first-impression evidence that where that co-operation takes place women are able to get out of prostitution. What is more, on the other side—I think this was in the 2009 Act as well—we are going to go against the perpetrators, not only those who buy sex but those, particularly in organised crime, who make vast profits from it.