Police, Crime, Sentencing and Courts Bill

Lord Moylan Excerpts

2nd reading
Tuesday 14th September 2021 Lords Chamber

[Lord Moylan (Con)]

My Lords, like other noble Lords, I congratulate my noble friend Lord Sandhurst on his maiden speech and welcome him to the House, where I am sure he will make a wonderful contribution.

I welcome much that is in this very large Bill. While I realise that the provisions on protest are controversial, I welcome the clarity they bring on the limits to legitimate protest. As the Deputy Assistant Commissioner of the Metropolitan Police, Matt Twist, has said,

“Whatever the cause, activists do not have the right to cause unreasonable and serious disruption to … communities.”


I agree with that. I personally compare it to secondary picketing: an attempt to disrupt people who are not decision-makers in order to embarrass the true decision-makers. We outlawed secondary picketing, and no one would now bring it back. I think it will be the same in this case.

However, I have three areas of concern that I want to bring to the House’s attention which are united by what I call a theme of preventive justice. There was a movie some years ago in which preventive justice was taken to a point of refinement whereby merely having a thought with a criminal intention resulted in a raid by the police on your premises to ensure that you were unable to put it into execution. I have never thought that a particularly British, commendable or desirable approach to the administration of justice, but it appears to have had a powerful effect on successive Home Secretaries.

Starting in 1998, we had the ASBOs. From that, we have gone on to a whole quiver-full of administrative processes that place restrictions on people without the tedium of having to have a criminal conviction proven. This Bill adds a further arrow to that quiver in the shape of the serious violence reduction order. Other noble Lords have spoken about this. They have also pointed out that, coupled with the proposed statutory duty on public authorities to collaborate in relation to prospective serious violence—that is, to prevent it—these points raise important questions about the character of criminal justice in this country, about how it has evolved and about equalities.

My second concern continues the thread of preventive justice. I find myself in troubling agreement with the noble and learned Lord, Lord Falconer of Thoroton, and certain other noble Lords who have spoken, on the question of indeterminate sentences. Much of what I was going to say has been made otiose by the compelling speech, laden with statistics, made by the noble and learned Lord, Lord Brown of Eaton-under-Heywood, so I do not need to spend a great deal of time on that, but the fact that so many people are still languishing in prison under this cruel sentence, which has been found to be incompatible with our obligations on human rights, is simply a shame to this country. This Bill gives us a useful opportunity to set in hand a judicially led process for turning those sentences into determinate sentences.

Finally, the Bill presents an opportunity—again, it is not in the Bill, but I think it should be—to put an end to police forces’ kafkaesque practice of maintaining records of actions that are explicitly not criminal; that is, the Monty Pythonesque, self-contradictory non-crime hate incident. If there is any defence for this, it is again on the basis of preventive justice: “We want to know these things, because although they are by definition not crimes, there might be a crime some time in the future.” I do not think this is at all defensible, so I hope that in Committee there will be an opportunity to address those three areas at least and discuss them.

I hope that the Government will take the opportunity to put right these issues and bring back to our justice system a little less administrative pre-emption and a little more proving of things on the basis of evidence and facts.

Undercover Policing Inquiry

Lord Moylan Excerpts

Wednesday 14th April 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I am sure that the rationale would not be to deny people access to justice. Clearly, the revelation of any names would be a matter for the chairman of what is an independent inquiry.

[Lord Moylan (Con)]

My Lords, the inquiry was set up in 2015; over five years passed before opening statements were delivered. Some 90 staff are directly engaged, and, as my noble friend has said, the cost, so far, exceeds £36 million, but that excludes very considerable expenditure by police forces responding to the inquiry. I estimate that the inquiry’s total cost to the public purse, by the time it reports—well into the current decade—will be in excess of £100 million. Can my noble friend the Minister tell me if that is a reasonable forecast that the department is budgeting for?

[Baroness Williams of Trafford (Con)]

I am not sure whether it is a reasonable forecast, but, responding to my noble friend’s points, I can say that the inquiry needs to deliberate promptly and with an eye properly on its use of public funds in order to do so.

Domestic Abuse Bill

Lord Moylan Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 25th January 2021 Lords Chamber

The five amendments in the group all cover the same issue: gittin—the plural of get—for Jewish women. I hope that when the Minister replies, he will say that there is hope that we will make progress on the amendments by Report. They are worthy amendments, and I trust that the Government will help the Jewish women who are, in the main, affected by these restrictions.

[Lord Moylan (Con)]

My Lords, I rise with some trepidation—and, I hope, an appropriate degree of sensitivity—to make some brief comments on a subject on which I have no great expertise. I am grateful to my noble friend Lord Wolfson of Tredegar, the Minister, for the time he gave me to discuss this topic last week.

The stories recounted by noble Lords can inspire only sympathy for the women caught in this terrible trap; that is completely understandable. However, I have a concern and a question. Although it has been stated several times that the amendments relate only to Jewish marriage and can have no consequences for other belief systems I am concerned that, without some additional wording, the general principle underlying them—that one has an obligation to collaborate in a divorce—might leak out into other systems. such as those in which one spouse may have a conscientious objection to the principle of divorce. I am thinking principally of Roman Catholics, but also of other denominations. If it were to be taken, either by analogy or by legal persuasion, that that principle made it a criminal offence not to collaborate in or expedite a divorce to which one party had a conscientious objection, that would be a matter that needed careful consideration.

Although I have every sympathy with the amendments, I believe that they need additional wording and protection, at the very minimum, to ensure that the consequences I have hinted at are not brought about in legal reality. I very much wish to hear what my noble friend the Minister and my noble friend Lady Altmann, who moved the amendment, have to say about that, so that we can be confident that the measures are as precisely focused as she intends.

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, I draw attention to my interests as noted in the register. We very much want the Bill to recognise the realities of abuse that different communities face, and to make sure that it will work in practice for victims of all backgrounds, religions, disabilities and so forth. We hope that the Minister will work with the Peers raising issues and look into their concerns.

I pay tribute to the noble Lords who tabled the amendments for the very experienced and knowledgeable way in which they have highlighted this matter, to ensure that the rights of Jewish women to end their religious marriages and secure a get are included as part of the statutory definition of domestic abuse. This would be on the grounds of domestic abuse by way of controlling and coercive behaviour and psychological abuse, and of economic abuse where that is a factor.

As the noble Baroness, Lady Altmann, said in her detailed opening speech, the amendment is intended to help women who are unable to leave a failed marriage, and is specific only to Jewish religious laws; there is no intention to undermine the Jewish courts. Including it in the Bill would provide the opportunity to ensure that its provisions and protections were applicable to all, and that it specifically recognised the plight of those women, removing the shadow of abuse and control, and restoring their right to exercise their faith through their ability to remarry and have children within their faith. That recognition would also offer them other protections under the Act, once the Bill is passed, if they were specifically included.

It is in line with a key objective of the Bill to raise awareness and understanding of domestic abuse and its impact on victims. Key is the ability of women to bring a case where they can retain control of the process as the victims, rather than as a witness in a prosecution having criminal sanctions as a civil party. Through tabling such an amendment, the issue can be usefully raised, and seeking legislative change could be ground-breaking for chained women.

This group highlights what so many noble Lords have been saying. The Bill must work for all victims, and to do this, it must grapple with the reality of how domestic abuse is experienced in all the different ways that it is by those living with it and those trying to escape it. I sincerely hope that the Minister can work with the noble Lords sponsoring this group of amendments to review this important issue and achieve a positive resolution.

Extradition Arrangements: European Union Member States

Lord Moylan Excerpts

Wednesday 13th January 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

As I said to the noble and learned Lord, Lord Morris of Aberavon, it is probably quite early to say what those additional costs would be, but the decision on whether to pursue a trial would be based not on costs but on the likelihood of that trial being successful, either for the accused or indeed for the victim.

[Lord Moylan (Con)]

My Lords, many people felt that the European arrest warrant offered insufficient safeguards for the rights of those accused of crimes overseas. Can the Minister assure us that the replacement arrangements for the European arrest warrant offer solid and reciprocal protection, as far as possible, for the rights of the accused?

[Baroness Williams of Trafford (Con)]

I can certainly assure my noble friend that the principle of proportionality is implemented in UK law through Sections 2, 12A and 21A of the Extradition Act 2003. It enshrines the principle of proportionality, which allows the UK to reject warrants where extradition would not be proportionate to the alleged conduct or where other, less intrusive measures could be used to progress an investigation. This is a much-needed improvement on the previous arrangements.

Domestic Abuse Bill

Lord Moylan Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Lord Moylan (Con)]

My Lords, the intention behind this Bill is wholly welcome. As my noble friend the Minister said in her opening remarks, domestic abuse is the most awful of crimes. It is right that the Government should bring forward measures that will not only curb it but, one hopes, eliminate it in the course of time or as a rapidly as possible.

In the mid-1990s, I had some responsibility in my local authority area for a small, government-funded programme to address domestic abuse locally. Despite the early efforts of my noble friend Lord Young of Cookham, which he referred to earlier, those were still pioneering days. Indeed, in large parts of the country, the provision of refuges for women fleeing domestic violence was wholly inadequate—and still is, in some cases. Happily, by then, one thing had developed quite well: the police were already taking a much fresher approach to domestic violence in being willing to look at it as the serious crime that it genuinely is, as opposed to earlier attitudes that regarded it to some extent as an internal family matter unless it was pushed too far. We made progress, which was good. It is encouraging that attitudes have developed and changed so much since that time that now it is accepted, as it should be, that this is wholly unacceptable behaviour. That is why this Bill deserves considerable scrutiny in your Lordships’ House: it is a Bill of considerable importance.

I want briefly to mention three areas that have been partly touched on but by only one or two noble Lords. First, there is the question of the definition. The definition of domestic abuse is so much wider than that of domestic violence, which was the focus 25 years ago and was a physically identifiable activity. As the noble Lord, Lord Farmer, said, the definition of domestic abuse in this Bill needs some exploration, some teasing out and some clarification that it will be wholly robust in its application.

The second is that the Bill contemplates the further extension of the imposition of criminal sanctions for breach of an administrative order. I was delighted to hear the Minister say in her opening remarks that the domestic abuse protection orders to be introduced by the Bill will be trialled locally before being rolled out nationally. It is important that we are sure that they are both workable and just.

The third thing to mention is that, in all this, we have to maintain our high standards of justice in both the criminal and civil systems. We have to ensure that even alleged perpetrators are given the proper rights that they are due when charges are brought against them. We should never allow the important and proper focus on the victim, which has rightly dominated this debate so far, to be interpreted as a failure to give the full rights to the alleged offender or perpetrator to which they are entitled. That is all irrespective of sex. I hope that these issues, in addition to points raised by many other noble Lords, can be explored to some extent when the Bill proceeds to Committee.