Asylum Seekers: Accommodation and Safeguarding

Lord Paddick Excerpts

Wednesday 9th November 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

I thank the noble Lord for his question. The Government have got a grip; the Labour Party has no plan. I am glad to report to the House that the numbers at Manston have fallen since this Answer was given in the House of Commons. There are now some 1,147 people held at Manston, as at 8 am today, and the numbers are continuing to decline. Every effort is being made by Home Office staff to rectify the position that has occurred. I am incredibly grateful for all the hard work they have done in very difficult circumstances.

[Lord Paddick (LD)]

My Lords, the Minister in the other place said the crisis at Manston was due to an “unprecedented strain” on the immigration system and that the Government inherited a broken immigration system. My understanding is that in 2002 the UK received more than 80,000 asylum claims and in 2021 it was fewer than 50,000, so the situation is not unprecedented. In 2011, the backlog of asylum claims was 11,000, and it is now 118,000. In 2014, 85% of initial decisions were made within six months, but the figure is now 5%. The system was not broken then but it is now. Will the noble Lord ask the Minister in the other place to correct the record?

Police, Crime, Sentencing and Courts Act 2022 (Offensive Weapons Homicide Reviews) Regulations 2022

Lord Paddick Excerpts

Tuesday 8th November 2022 Lords Chamber

[Lord Paddick (LD)]

My Lords, again, I am very grateful to the Minister for explaining these regulations. The Explanatory Notes say that the pilot areas are south Wales, parts of London and the West Midlands. My understanding is that it is Barnet, Brent, Harrow, Lambeth and Southwark in London, and the Birmingham City Council and Coventry City Council areas in the West Midlands. Can the Minister explain why these particular areas were selected? I notice that they are different from the areas for the proposed pilot of serious violence reduction orders, for which the police force areas involved are the West Midlands, Merseyside, Thames Valley and Sussex. While I am here, let me say that I am very grateful to the Minister for agreeing to a deferment of consideration of the regulations in connection with serious violence reduction orders.

So, how were the pilot areas selected? Why are they not coterminous with the responsibilities of local police and crime commissioners or elected mayors, bearing in mind that those individuals have responsibility for crime reduction and that appears to be the primary purpose of conducting these reviews? What proportion of offensive weapon homicides is expected to be contained within the pilot areas, compared with the total number of homicides involving weapons?

The Explanatory Notes say that the Government estimate that 72 offensive weapon homicides will occur in the 18-month pilot period in the pilot areas, costing £12,354 for each review. As I have said in the House before, mathematics is not my strong point, but I make that £889,488, yet the total cost is estimated at £2.1 million. How much does it cost to recruit and train the oversight board and the secretariat that more than doubles the cost of each individual review? How much do the Government estimate that it will take to recruit and train the oversight boards annually, bearing in mind that there is bound to be a turnover of personnel within them? Can I also ask the Minister where the funding for these reviews is going to come from, both for the pilot scheme and if the scheme is rolled out nationally? What is the estimated total annual cost if the reviews are rolled out nationally?

The Explanatory Memorandum states:

“The final condition for a review will aid in ensuring that cases are not required to be reviewed where little or no learning is likely to be found.”


Can the Minister explain who makes that decision? What is to stop the police, for example, deciding that no review should take place in order to cover up mistakes or deficiencies in their handling of the case, or the mistakes or deficiencies of any other agency? What happens if other partners believe a review is necessary, but one partner, say the police, decides not to participate? The Minister talked about not wanting to have reviews where that would be a waste of resources, but surely there could be a very short review in every case to see whether there is any learning, and that review could then be terminated at little cost. If that is the case, why is a review not mandated in every case of a knife crime homicide, as it is in the case of homicides involving the death of a person under 18?

We support the idea of a pilot in a limited geographic area which will examine whether there are benefits to be accrued from these reviews, but I would appreciate either now or in writing answers to the questions I have raised.

[Lord Coaker (Lab)]

I join the noble Lord, Lord Paddick, in thanking the Minister for the withdrawal of the SI with respect to serious violence prevention orders. He is to be commended for that, and we are very grateful that he has thought again about it.

We supported these provisions to extend homicide reviews to offensive weapons cases during the passage of the Police, Crime, Sentencing and Courts Act and we welcome that the provisions are being piloted before being rolled out. We also welcome the fact that the Act requires the Secretary of State to report to Parliament on the operation of the pilot before a further rollout can take place. Again, that is a very sensible way forward for this legislation.

To build on some of what the noble Lord, Lord Paddick, asked, the Explanatory Memorandum states:

“It has been estimated that 72 OWHRs may take place across the pilot areas throughout the 18 month pilot.”


It would be interesting to know how the Government have worked that number out, and again, as the noble Lord, Lord Paddick, asked, how the various pilot areas have been identified by the Government.

On funding, the Explanatory Memorandum states that the number of anticipated reviews

“includes a 20% optimism bias to ensure funding for all necessary reviews is available. Costs to the Home Office per review have been estimated as £1,222 to each of the three relevant review partners (totalling £3,666) and £8,688 for an independent chair.”

Again, how have those figures been arrived at? For clarity, can the Minister confirm that the review partners will be fully funded by the Home Office for their work on such reviews, and does that include staffing costs?

One of the issues raised during the Bill’s passage was that recommendations made in existing reviews, such as domestic homicide reviews or indeed the under-18 reviews that the noble Lord, Lord Paddick, just referred to, are too often not acted on or shared as they should be to force change and create improvement. That is the whole point of the reviews: to inform practice and for people to learn.

I know that the Government intend to establish and fund the Home Office oversight board to oversee the introduction of the offensive weapon homicide reviews and to monitor and implement recommendations. The Explanatory Memorandum references the funding of the oversight board. However, can the Minister give us any other details about the crucial point? Once the review has happened and various recommendations have been made, how are those recommendations to be followed through so that the learning from the review is implemented by all the various partners? It would also be interesting if the Minister could say a little more about what the membership of that oversight board is likely to be and whether there are any functions that he could share with us. On relevant review partners, they can appoint a lead agency or an independent chair to take forward the review. Will all relevant review partners involved in a particular case be required to agree to this course of action?

I will address just a couple of specifics from the legislation—I know it is unusual in the Chamber, but this is effectively an SI that would normally be in Grand Committee. Part 2 of the legislation deals with the duty to arrange an offensive weapons homicide review. The noble Lord, Lord Paddick, made a really important point: who triggers the review? It is not clear to me from reading Part 2 of the legislation who does it. It just talks about all the various partners. However, somebody has to say that there should be a review and seek to have one take place. I do not know whether the noble Lord or any other Members of your Lordships’ House noticed that, but I could not see it. Unless I have misread it, not understood it or not seen it somewhere, I cannot see who triggers that review. That is important for the reason that the noble Lord mentioned. If it is a chief police officer, what happens if, bluntly, they do not want to, or it is the local authority and it does not want to, or it is the health body, which is the other statutory partner, and it does not want to because it is not in its interests?

For reasons of transparency, the difficult questions sometimes need to be asked. People would rather they were not asked, and it is not clear to me from reading Part 2 who has the duty to do that and what happens if they do not fulfil that duty when other partners think they should. It would be helpful if the Minister could explain that to us.

As I said, given that this is equivalent to what would normally take place in the Grand Committee room, I want to ask about the conditions that may trigger a review obligation. The conditions are that

“one of the following has been located— … the body of the person who died”;

I understand if the body of the person who died is located, but, for the second trigger, it says,

“or part of the body of a person who died.”

I am not trivialising this, but what do we mean by a part of a body? Without going into detail, fairly obviously, there is a difference between the whole of a top half and a toe. Again, I am not trivialising this, but it would be helpful for our understanding of the legislation to know what a “part” means.

I join the Minister and, no doubt, every Member of your Lordships’ House, in saying that we all want a reduction in the level of homicides, for whatever reason. Hopefully, a review of what has happened with respect to homicide through the use of offensive weapons will inform practice in future which will lead to a reduction in the number of homicides. On that, can the Minister tell us what is the trend at the moment for the number of homicides using offensive weapons, so that we have some understanding of the scale of the problem?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I understand the question. I will write to the noble Lord on that, if I may, to make sure that I do not get it wrong; I think I have the answer, but I would not want to give incorrect information.

Both noble Lords asked how the Home Office oversight board will work. It will be a non-statutory committee composed of experts in safeguarding, homicide, serious violence and public protection. They will oversee the local delivery of the offensive weapons homicide reviews, monitor the implementation of any findings and support the dissemination of learning both locally and nationally. We are currently in the process of appointing the chair and first member of the board with the final six members due to be in place for early 2024, ready for when the first OWHR reports are received.

The purpose of the oversight board is to oversee the local delivery of the reviews; to ensure consistency in criteria and approach by reviewing and assessing completed reviews; to draw together the reviews at a national level to assess and disseminate common learnings, themes, issues in service provision and areas of good practice at set intervals; to monitor the regional and national application of learning and the implementation of recommendations in policy, approach and delivery; and to share best practice and wider insight through learning events and opportunities. The membership will include representatives from areas such as local government, public health, the police, education, the voluntary and community sectors, probation services and the Crown Prosecution Service, as well as a representative from one of those areas with experience of working in Wales.

Both noble Lords asked about the funding for the reviews. The Home Office will provide the funding for the relevant review partners and the work they carry out to deliver an offensive weapons homicide review during the pilot. It will also meet the cost of the oversight board that I have just described. If the policy is rolled out nationally, the funding arrangements will be confirmed after the pilot. The costs of a homicide review vary as every homicide has a unique set of circumstances; each review will have to account for these. Based on existing reviews, we estimate that a homicide review will have an average cost of £12,354. We also anticipate that the Home Office oversight board will cost approximately £230,000 over the course of the 18-month pilot. Review partners will receive funding to cover the cost of work that they carry out in establishing and running these homicide reviews during the pilot, and details of how the budget will be allocated will be confirmed as the pilot is designed with local partners.

I think I have answered the questions I am able to—

[Lord Paddick (LD)]

I am slightly confused about the figures that the Minister gave. I think he referred to the death of a large number of migrants in the back of a lorry skewing the homicide figures. I asked about the proportion of offensive weapon homicides in the pilot areas compared with the number of offensive weapon homicides in total, unless—I think this would be rather unusual—in the case of the deaths in the back of a lorry, the lorry was considered to be an offensive weapon, which I am sure it is not.

[Lord Sharpe of Epsom (Con)]

No, that is not what I meant to imply. I do not have the numbers on homicides involving offensive weapons; I have committed to write to the noble Lord, Lord Coaker, on that, so I will of course copy the noble Lord in.

I thank noble Lords for their constructive and helpful questions. These regulations represent an effective, balanced approach for offensive weapons homicide reviews. By improving our understanding of the circumstances, drivers and causes that lead a person to take another person’s life, we can, I hope, improve our ability to tackle homicide and ultimately save lives. On that basis, I commend the regulations to the House.

Nationality and Borders Act 2022 (Consequential Amendments) (No. 2) Regulations 2022

Lord Paddick Excerpts

Tuesday 8th November 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, keeping the public safe is a top priority for the Government. Deprivation of citizenship, where it is conducive to the public good, is reserved for those who pose a threat to the UK or whose conduct involves very high harm. It is key to our ability to preserve the UK’s national security. Noble Lords will recall that the deprivation measures in the Nationality and Borders Act 2022 attracted much considered and thorough debate. This House and the other place agreed that in cases where the Secretary of State intends to make a deprivation order on the grounds that it is conducive to the public good, without giving notice, an application must be made to the Special Immigration Appeals Commission, which will consider the Secretary of State’s reasons not to give notice.

Implementation of this process requires amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003, which are made and amended by the Lord Chancellor. To create the necessary power to amend these rules we first need to amend the Special Immigration Appeals Commission Act 1997, which is the purpose of this instrument. Today, we are taking a significant step toward implementing the safeguards created in the Nationality and Borders Act 2022 that this House agreed to. I therefore trust that noble Lords will support the draft regulations and I commend them to the House. I beg to move.

[Lord Paddick (LD)]

My Lords, I thank the Minister for explaining this statutory instrument. As he said, deprivation of citizenship, particularly without notice, is a very serious issue. We fought hard to get the safe- guards in the Nationality and Borders Act in place. We are concerned about any move away from open justice, but we understand that there may be circumstances where a refusal of entry as a worker may require a hearing before the Special Immigration Appeals Commission. My reading of the other regulation is that it is a technical change, and on that basis we support these regulations.

[Lord Coaker (Lab)]

My Lords, we opposed the clause in the Act that sought to extend the power of the Secretary of State to deprive citizenship without giving a reason or telling a person that it has happened. We voted to remove that clause, as we were not convinced by the Government’s arguments that the power they were seeking was just and proportionate. However, we supported significant amendments, as the noble Lord, Lord Paddick, has just pointed out, which were accepted by the Government, to add safeguards to the process. I pay tribute to the noble Lord, Lord Anderson of Ipswich, for his leadership on those amendments. As far as that is the case, we accept that the regulations before us today comprise one of those necessary and proportionate safeguards being implemented.

I remind the Chamber that the amendments of the noble Lord, Lord Anderson, restricted the range of circumstances in which notice can be withheld, introduced various judicial safeguards and said that the Secretary of State should review those safeguards. The Explanatory Memorandum states:

“This instrument is the first stage in establishing”


the process of application to SIAC and:

“Once the procedure rules are made … applications … can commence.”


We would like to know the timeline for this. How many other stages are there, given that the Government say this is the first stage and given the controversy there was about the introduction of this power and the fact that the House voted for the inclusion of these safeguards, which enabled the clause to be passed? When are all these safeguards going to be put in place? Can the Minister explain what the current procedure is? Is there any use of this power at the moment without these safeguards?

With those brief comments, we support this SI as proposed by the Government.

Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2022

Lord Paddick Excerpts

Thursday 3rd November 2022 Grand Committee

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, this instrument, which was laid before Parliament on 22 September, contains measures to provide ongoing support to the hospitality sector, which endured an immensely difficult period during the pandemic and is now grappling with cost of living concerns. As your Lordships are aware, the Government recently announced the energy bill relief scheme, which will provide a discount on gas and electricity bills for business customers, including those in the hospitality sector. This follows a number of measures to support the hospitality industry and other businesses during the pandemic and since Covid restrictions eased.

During the pandemic, we provided a package of financial support to businesses, including the Coronavirus Job Retention Scheme, the Eat Out to Help Out scheme, and a business rates holiday for retail, hospitality and leisure businesses. We also introduced a number of regulatory easements through the Business and Planning Act 2020. Among those were temporary measures to make obtaining a pavement licence quicker and easier for those who wished to set up chairs and tables outdoors. Parliament has already agreed to extend those measures, and they will run until September next year.

A complementary measure on alcohol licensing gave a temporary off-sales permission to 38,000 licensed premises in England and Wales that did not have one. There were also measures which increased the number of temporary events notices that licence holders were allowed to give in a calendar year. Those provisions remain in place until December next year.

The instrument I propose today is relatively modest. It is an extension of provisions in the Business and Planning Act to allow sales of alcohol for consumption off the premises to licensed premises that did not have that permission for a further year, until 30 September 2023. In the intervening time there will be a consultation on long-term arrangements.

I assure the Committee that officials consulted the National Police Chiefs’ Council about the effects that the temporary off-sales permission has had. The view of the police then was that it had not caused any increase in crime and disorder.

I know that your Lordships will appreciate the impact that the pandemic and the cost of living have had on the hospitality industry, and I hope that you will support these measures to aid its recovery. I commend this instrument to the Committee. I beg to move.

[Lord Paddick (LD)]

I am very grateful to the Minister for introducing these regulations. I understand that many people were very concerned about going to on-licensed premises—going to the pub—because of their concerns about catching coronavirus. My personal experience of socialising in central London—very limited, because I am always here doing work—is that most restaurants and pubs seem to be very busy. I am not sure whether the Minister can tell the Committee whether that is universal or a phenomenon just in central London, but that is my experience.

My understanding of the previous regulations is that they were to try to compensate pubs that had only an on-licence for that lack of trade so that people who were anxious about catching Covid could instead get their alcohol to take away—they could take it home or even, when the weather was more clement than it has been for the last few days, drink it outside. The only thing I would ask is this. Why do the Government think that that particular Covid support, which is what these regulations are about, should continue? What evidence is there that people are still nervous about socialising in an enclosed space and that it is therefore necessary for on-licensed premises to be able to sell to people to take away?

If this provision is simply for other reasons—the noble Lord mentioned increased energy prices having an impact on on-licensed premises in particular, but there is also the cost of living crisis, with people feeling that they cannot socialise as much as they did in the past because of the pressure on household budgets—why not have an alternative measure? The noble Lord talked about consultation on more permanent measures, but, bearing in mind that the police say that there has been no adverse impact on giving on-licensed premises the ability to sell alcohol to take away, why has a permanent change not been brought forward, rather than what appears to be the rather spurious extension of coronavirus-specific regulations that we have before us?

I appreciate that civil servants, particularly in the Home Office, have been very busy with other things in recent months, and it may be that the easy route was simply to extend the coronavirus regulations, but we need to move on from the impact of the pandemic and the virus and be more honest. If we think that this is a good thing in the long term, we should have a permanent change in the law. I know the Minister said a consultation is being conducted on it. That would be more honest than extending coronavirus regulations that, by this time, should have come to an end.

[Lord Ponsonby of Shulbrede (Lab)]

One of my principal questions was going to be whether this is the easy route, as the noble Lord, Lord Paddick, put it, and whether there is a long-term review of the law. It may be appropriate to keep the changes in some cases and not in others, so I would be grateful if the Minister will respond to the points raised by the noble Lord, Lord Paddick.

We support this change. We have been told that, as far as the NPCC is concerned, there has been no increase in anti-social behaviour as a result of these measures. Did the consultation go beyond the NPCC? Were local police forces consulted? Are there variations in different parts of the country?

I too have experience of occasionally going to social events in central London, and it is true that the bars and restaurants seem to be extremely busy. However, in other parts of the country or other parts of London, many restaurants and pubs are shut because of the impact of the pandemic, as well as changing habits. How much variation across the country have the Government seen? Is this blanket approach appropriate and how should it be looked at over the longer term? Does the Minister have any updated information on the impact of Covid on the hospitality sector and its recovery? One reads extensively of the hospitality sector still struggling because, in spite of our experiences in central London, the numbers are not back to where they were, and this is proving a problem.

Have any local authorities raised any concerns about extending these changes? Are there any extra costs or burdens on local authorities? Finally, were any local communities consulted? Did they have views on the extension of these licences?

The central question is that asked by the noble Lord, Lord Paddick, about how this temporary change, which we approve of, fits into a wider review of provisions that were brought in during the pandemic, some of which may continue while others do not.

Football Spectators (Relevant Offences) Regulations 2022

Lord Paddick Excerpts

Thursday 3rd November 2022 Grand Committee

[Lord Faulkner of Worcester (Lab)]

My Lords, I welcome the statutory instrument and thank the Minister for introducing it so clearly. I regret that it is necessary. It is depressing that, according to the official statistics published by the Home Office on 22 September, the incidence of football-related disorder is at its highest level for some years—a fact that the Minister referred to. There were 2,198 football-related arrests under Schedule 1 to the Football Spectators Act 1989 in the 2021-22 football season—around 59% higher than those in the 2018-19 pre-Covid season and comparable to the levels seen in the 2011-12 and 2013-14 seasons. A new factor is the incidence of drug-taking at football matches, hence the reason for this order.

Those of us who were involved with the efforts of the football bodies and the Government to tackle what was described as hooliganism associated with the game in the 1980s and 1990s knew that alcohol played a huge part in many of the events that shamed English football at that time. Your Lordships may have seen that there is currently a three-part series of programmes on Channel 4 on Monday evenings which centre on the Italia 90 World Cup. They remind us how dire the reputation of English fans at home and abroad then was.

We had hoped that this was all behind us, but quite obviously that is not so. That impression is reinforced if one studies the excellent independent report produced for the FA by the noble Baroness, Lady Casey of Blackstock, on the events surrounding the Euro final at Wembley on 11 July 2021, to which the Minister referred. This was the subject of a Private Notice Question I asked on 6 December—almost a year ago now—in which I said:

“She makes it clear in her report that we shall never know for sure how close we came to a huge disaster involving major loss of life, caused by 6,000 ticketless fans outside the stadium who were ready to storm inside had England won the penalty shootout.”—[Official Report, 6/12/21; col. 1641.]


Contained in the noble Baroness’s report were a number of comments about drug-taking. For example, page 26 says:

“Eyewitness accounts given to the media in the immediate aftermath of Euro Sunday state that there was use of drugs, in particular cocaine, among the crowd. These are supported by the Review’s survey, which suggests illegal-drug taking must have been widespread and taken place in plain sight. More than 3,500 respondents (47 per cent) said they saw illegal drug taking when they arrived at Wembley.”


As the noble Baroness pointed out, and the Minister has confirmed today,

“Football Banning Orders (FBOs) can be given to supporters in relation to alcohol misuse. Offences include ‘possession of alcohol or being drunk while entering/trying to enter a ground’. But there is no equivalent provision for drugs”—

so far. As the Casey report says on page 117,

“drug use in football stadiums is a growing concern for football and policing officials.”

She cites the finding of cocaine traces on almost all the toilet cisterns of a major football ground.

Unsurprisingly, the noble Baroness said in recommendation 5 that

“the Home Office should consider … ensuring that the FBO regime to ensure drugs-related disorderly behaviour is treated in the same way as alcohol-related disorder”.

This SI implements that recommendation, and therefore I welcome it. I hope that the Minister will be able to confirm that the Government are taking equally seriously the other recommendations contained in the noble Baroness’s outstanding report.

[Lord Paddick (LD)]

My Lords, I thank the Minister for introducing these regulations. It will be well known that Liberal Democrats feel that drug misuse should be treated as a health issue rather than a criminal issue, but we draw the line where drug misuse leads to disorder or anti-social behaviour. Clearly, in this situation, drug taking at football matches is fuelling the disorder.

Do not get me wrong: cocaine is an extremely dangerous drug, and in my own professional experience I have seen people—healthy young men—die very quickly of heart attack from having excess cocaine in their systems. But here, we are talking about reckless and aggressive behaviour, as the Minister said. I do not attend football matches and I do not take cocaine, so I have to take other people’s word for the impact that taking cocaine in those sorts of environments has in terms of causing reckless and aggressive behaviour. I am very grateful to the noble Lord, Lord Faulkner of Worcester, who has a wealth of experience of soccer issues, for his very helpful and informative speech about the record on this issue, particularly the report of the noble Baroness, Lady Casey.

I am not sure about traces of cocaine on toilet cisterns. I think there were similar findings in the House of Commons, so we have to be very careful in drawing conclusions as to whether that is an indication of the prevalence of drug-taking. However, it seems absolutely ridiculous that football supporters can be banned for alcohol-related disorder and not for disorder related to the taking or supplying of cocaine at football matches. We therefore wholeheartedly support the regulations.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I too thank the Minister for introducing this statutory instrument, which we support. I declare an interest as a sitting magistrate who has fairly regularly put in place football banning orders for various reasons. As the noble Lord said, this is about adding the possession or supply of class A drugs at football matches as a reason for giving a football banning order.

We welcome the work that the police have done with the football authorities to reduce violence and drug-fuelled behaviour at games, although I note the figures that the Minister and my noble friend Lord Faulkner gave about the deteriorating situation in recent years. As my noble friend said, it used to be so much worse back in the 1990s.

When was this matter first raised? Was it really as a result of the European final that it came starkly to the attention of Ministers, or were there concerns before that? Also, is there any evidence of similar concerns or problems with other major sports, such as cricket or rugby? Obviously we are talking about football banning orders, but how wide does this problem go?

Has there been any wider work done on why these problems seem to be worsening? Is it because of drug use, or are there other problems behind it? Is this being investigated by the Home Office? Is it that drugs are more generally available? There has been an increase in drug-related deaths in England and Wales in recent years, and we know that communities and children’s lives are being blighted by county lines gangs. What is being done to tackle the supply of drugs reaching fans and to ensure that police forces have the resources to support specialist drug enforcement teams and take action on recognising child criminal exploitation?

A football match should be a safe, accessible, enjoyable experience for fans of all ages, so what wider work is being done by the Home Office to encourage safe and positive environments for sports fans? We of course support the statutory instrument, but my questions go a bit wider, to other sports and to how this impacts on drug policy as a whole. I look forward to the Minister’s response.

--- Later in debate ---

We have witnessed an increase in football-related disorder and drug use at matches. It has become apparent that more needs to be done to prevent this becoming more widespread. By banning those who commit class A drug offences at football matches, we are sending a clear message that drug-fuelled disorder will not be tolerated and that those who attempt to supply or possess class A drugs will be banned from attending all regulated football matches.

[Lord Paddick (LD)]

Before the Minister concludes, does he not agree that drug offences are fairly unique in that a drug crime is recorded only when police make an arrest? Therefore, the more effort the police put into the enforcement of offences involving possession or supply of drugs, the worse the problem appears in terms of the statistics. The emphasis should be on reducing the disorder that results from drug-taking rather than placing any reliance on the number of people arrested or convicted of drug offences at football grounds, because that could be the product of enhanced police enforcement rather than an increase in use.

[Lord Sharpe of Epsom (Con)]

The noble Lord is almost certainly right, although I cannot prove or disprove that either way. But as I said, a considerable and comprehensive report was written after the disturbances at Euro 2020 which highlighted these issues, so it would be logical to conclude that police upped their activity and I would imagine that that led to an increase. However, I cannot prove that, and if I am wrong, I will of course notify the noble Lord. In the short term, I commend the regulations to the Grand Committee.

National Security

Lord Paddick Excerpts

Wednesday 2nd November 2022 Lords Chamber

[Lord Coaker (Lab)]

My Lords, we welcome the Statement delivered yesterday by the Minister for Security. It is the first job of any Government to keep our country safe. Our national security faces constantly evolving and more sophisticated threats from hostile states and extremist organisations, with activity on and off our own soil, including cyber threats. The aim of these acts is to rewrite the world which we live in, to undermine democracy and to reduce hard-fought-for freedoms for people around the world.

I thank our security services for their work and all those who keep us safe, including those who safeguard the work of this House, to whom we are immensely grateful. We welcome the announcement of the task force that the Government have made and will engage fully with Ministers to support its work on a cross-party basis. The Statement yesterday announced the launch of the task force. When can we expect more detail on its work and when is it expected to become operational? Will it include specialist streams looking at physical threats, cybersecurity and the interplay between these two areas?

I welcome the recognition that this is a whole-UK effort in which we are all united. Have discussions yet started with the devolved Assemblies about taking this work forward? Crucially, how will Members of both Houses be updated on the work of the task force, with appropriate regard to the secure nature of its remit? Will Ministers consider discussing the role of the Intelligence and Security Committee in providing oversight of the task force with the current committee chair?

The Statement focuses on protecting our democratic institutions. We cannot talk about those issues without honouring our friends and colleagues, Jo Cox and Sir David Amess, who served their country and are dearly missed. Will Ministers work closely with Members from both Houses when considering the threats that our democracy faces on the front line, here in London and across the country?

We welcome the tone of the Statement and the cross- party debate with which it was received yesterday in the House of Commons. However, it would be remiss not to reflect on some other serious concerns that have arisen over the past weeks and months. The former Prime Minister—two Prime Ministers ago, rather—took a trip during the height of the Skripal crisis and met a former KGB agent without officials present. He did not declare the meeting and has not given an account of what was discussed. Can the Minister confirm whether the former Prime Minister took his personal phone, which he continued to use while in the highest office, on that trip?

The current Prime Minister reappointed the Home Secretary only six days after she resigned over a security lapse and a breach of the Ministerial Code. She has now confirmed that this was not a one-off incident. Despite multiple attempts to get clarity, we have still not had a clear answer to serious allegations that the Home Secretary might also have been involved in a leak to the Daily Telegraph while in post as Attorney-General. Do Ministers and, crucially, the Prime Minister recognise the damage done to our national security when Cabinet Ministers themselves fail to take appropriate action on these issues?

Before I finish on the activities of hostile states in the United Kingdom, I ask: how can it be possible that we read in our papers about so-called Chinese police stations in multiple locations across the UK? When did this come to light? When were Ministers made aware of it? What action and investigations have been taken by, for example, Scottish authorities against the site in Glasgow? Has equivalent action been taken against the two known sites in Hendon and Croydon? What investigation is the Government undertaking with the relevant services to locate whether there are any other unknown operational stations?

Following the outrageous incident outside the Manchester consulate earlier this month, what support is being given to those who might feel unsafe in communities across the United Kingdom? Are efforts under way to investigate whether one of the stations exists in Manchester or, indeed, elsewhere? It is shocking that this activity could take place on UK soil. I think that Members of this House, and indeed the country, will want reassurance from the Government about how this came to light, what the implications are for national security and what the Government intend to do about it. I look forward to the Minister’s reply and to the work of this task force.

[Lord Paddick (LD)]

My Lords, as a former senior police officer with more than 30 years’ experience, I am acutely aware of the issues of national security, both physical and cyber threats. I welcome the appointment of the right honourable Tom Tugendhat MP as Minster of State for Security. He has a long and distinguished record in this area. He is clearly and quite rightly concerned about the threats facing Members of Parliament, those who work with us and the country as a whole from extremists and hostile foreign states.

It is regrettable that other members of the Government, past and present, appear not to have taken national security as seriously as the Member for Tonbridge and Malling is doing now. As the noble Lord, Lord Coaker, said, the last but one Prime Minister had a meeting with a former member of the Russian KGB when he was Foreign Secretary, on his own, in a foreign country, without reference to officials. The previous Prime Minister had her phone hacked; and the current, and second but one, Home Secretary—the same person—used her own mobile phone to receive and transmit restricted documents. Does the Minister agree that the actions of senior members of his own party have damaged, rather than promoted, national security?

We on these Benches agree that the Security Minister’s initiative is welcome, if not overdue, and we agree that this must be a united effort involving all of us, working with our security and intelligence agencies and the police. Having visited both MI6, where representatives of MI5 were also present, and GCHQ, I know that we have outstanding security and intelligence services, but without Members of this and the other place taking security seriously—particularly members of the Government, not least Prime Ministers and Home Secretaries—their efforts will be undermined.

As the noble Lord, Lord Blunkett, said in the House this week, it is not just the potential for leaks of our own highly sensitive information, as there is a risk that our security partners in other countries will not share vital intelligence with us because they fear that our security is not tight enough. Can the Minister confirm that from now on members of the Government will set an example by their own behaviour in relation to protecting national security, rather than providing counterexamples that jeopardise national security?

It is not only democracy that is at stake if hostile foreign Governments seek to influence or disrupt the democratic process, but the security of each and every citizen and the economic well-being of every business and industry in the UK. I am glad that an adult has been put in charge of this task force; I just hope that those who he is surrounded by will do as they are told.

We have a wealth of experience on these Benches, including privy counsellors and former members of the Intelligence and Security Committee, who I am sure will be only too willing to help and support the Minister with these issues.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I agree wholeheartedly with the noble Lord, Lord Coaker, that the first duty of the Government is the protection and security of the nation. I also echo both noble Lords’ praise for our security services, which I also have some experience of and which I think are magnificent and first-rate.

As regards the questions on the task force, I think it makes sense for me to read out what my right honourable friend the Security Minister said yesterday, because I think it answers all the questions in full:

“The taskforce will work with Parliament, Departments, the security and intelligence agencies, the devolved Administrations and the private sector. It will work to better protect the freedoms and institutions we hold dear—institutions such as this very House.


The taskforce will look at the full range of threats”—


I add “including cyber”—

“facing our democratic institutions, including the physical threat to Members of this Parliament and those elected to serve across the country”,

as the noble Lord, Lord Coaker, pointed out,

“so tragically brought home by the murder of our dear friends Sir David Amess last year and Jo Cox in 2016, and the support on offer through Operation Bridger and by the police. The work of this Taskforce will report into the National Security Council and more details will be set out in the update of the integrated review”,

so unfortunately I cannot answer his question about timing.

My right honourable friend in the other place went on to say:

“This is not just a taskforce for this Government. It will be cross-departmental and inter-agency, and I will be inviting cross-party co-operation, because, as I have said, this is not just about Ministers in office, civil servants or advisers across Whitehall. This work is for all of us in this House and those who have asked us to represent their interests.”—[Official Report, Commons, 1/11/22; col. 791.]


I do not think I could agree more.

I will go on to the more specific questions. The noble Lord, Lord Coaker, asked about the meeting that the former Prime Minister had in Italy with Lebedev. When he was Foreign Secretary, he declared his visit to Italy, which was published under the usual transparency requirements. At the Liaison Committee on 6 July, he committed to follow up in writing, which he did on 26 July.

Both noble Lords asked about the case of the Home Secretary. I am afraid I am going to repeat an answer given by my noble friend the Minister for the Cabinet Office earlier. The Home Secretary has provided a detailed account of the steps that she took in her letter to the HASC. For national security reasons, we are not commenting on allegations about the then Foreign Secretary’s phone.

Going back to the integrated review, I say that it makes sense to remind the House that it concluded that China poses a

“systemic challenge … to our security, prosperity and values—and those of our allies and partners”,

and that the Chinese authorities adopt a whole-of-state approach in which businesses and individuals are forced by law to co-operate. We know that the Chinese authorities are actively seeking to gain our cutting-edge tech, AI, advanced research and product development. We are working to protect our national security and ensure that the UK is resilient.

The noble Lord specifically asked about the recent rather troubling stories about undeclared Chinese police stations in the UK. The reports are being taken seriously, and they are concerning. Any foreign country operating on UK soil must abide by UK law. The protection of people in the UK is of the utmost importance. For example, any attempt illegally to repatriate any individual will not be tolerated. As noble Lords would expect, Home Office officials are working closely with FCDO, DLUHC and other government departments to ensure that the UK is a safe and welcoming place for those who choose to settle here. I cannot go beyond that at this point.

Noble Lords asked whether there was a culture of Ministers using personal phones for official business. No, there is not. There are appropriate arrangements and guidance in place for the management of electronic communications within government. Ministers receive support and expert advice to help them meet their obligations in the most appropriate and secure fashion. Again, as my noble friend answered in the previous Question, government devices should, as far as practicable, be used for government business. The guidance does not rule out the use of different forms of electronic communications, however.

Our allies are obviously aware of what has happened here, but I remind noble Lords that we do take a leading role on the global stage in countering state threats. We will continue to work closely with like-minded allies and partners to defend UK interests and the international rules-based system from hostile activity. Unfortunately, as I have already stated, I cannot comment on details of any discussions where commenting publicly on threats to the UK would give an unnecessary advantage to our adversaries. I hope that answers noble Lords’ questions as fully as I am able.

Police: Vetting, Misconduct and Misogyny

Lord Paddick Excerpts

Wednesday 2nd November 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

It is, and I agree with the noble Lord entirely that it is completely unacceptable to have those people in our police forces. The fact is that the chiefs need to take immediate action to ensure that vetting is prioritised in their forces and the public can therefore have confidence in them. It is the responsibility of the individual police forces; they are responsible for their own vetting decisions, which they should take in accordance with guidance from the College of Policing. Frankly, I agree with the noble Lord: it is incredibly disappointing—worse than disappointing —that, despite some progress, previous warnings about vetting have not been acted upon. Chiefs must make clear to the vetting units the high standards they expect from them. There is no excuse for poorly recording the rationale in the vetting decisions.

[Lord Paddick (LD)]

My Lords, this is yet another devastating report on the police service—devastating particularly for female victims, who will be wondering whether they can trust the officer who arrives when they call the police, and devastating for the majority of decent hard-working police officers, who have again been let down by successive Conservative Governments and their own senior officers. Every single time there is mass recruitment in the police service, more of the wrong people slip through the vetting net, and police misconduct, corruption and criminality increase. It happened in the mid-1970s and in the mid-2000s, and it is happening again now. Will the Government tell the police that quality is more important than quantity, and will they give police chiefs the legislation they need to enable them to deal effectively with corrupt officers?

[Lord Sharpe of Epsom (Con)]

I am not entirely sure I share the noble Lord’s analysis of the quality problem. The fact is that a new online application process has been introduced, replacing an old assessment centre system called SEARCH. The new process operates according to national guidelines and it has been reasonably successful so far. Some 83,500 candidates were invited to complete the assessment; 58,000 have had their results marked and 42,500 have been successful—that is 73.55%. It is not just online; all the candidates have to pass each stage of the recruitment process, which includes assessment centres, vetting, medical assessments and fitness tests—there are lots of face-to-face aspects of the process. I am not convinced that an uplift in numbers affects quality.

Western Jet Foil and Manston Asylum Processing Centres

Lord Paddick Excerpts

Tuesday 1st November 2022 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I welcome the Minister to his place—I will do so more formally when there is more time. Actions taken by the Home Secretary over the past eight weeks, with the exception of the six-day resignation period, have raised legitimate and serious concerns over national security, public safety and operational decision-making. I know that the whole House will join me in condemning, in the strongest possible terms, the appalling attack on the Western Jet Foil centre. Our thoughts are with all those affected and we pay tribute to the emergency services. Can the Minister confirm that counterterrorism police are now leading this investigation?

Conditions at Manston were described by the Independent Chief Inspector of Borders and Immigration as a “really dangerous situation” that had left him “speechless”. The local Conservative MP, Sir Roger Gale, said the situation was “wholly unacceptable” and should never have been allowed to develop. He pointed out in no uncertain terms that the deterioration of the site had occurred recently and at speed over weeks during the tenure of the current Home Secretary. Indeed, he said on Times Radio today:

“I don’t accept or trust this Home Secretary’s word.”


What does the Minister say to that?

Can the Minister confirm to this House whether the Home Secretary was given advice from officials on the legality of detaining people at the Manston site due to a failure to provide alternative accommodation? How much alternative accommodation was signed off by the now-former Home Secretary Grant Shapps MP during his week in office, and had those options previously been refused by the current Home Secretary? Can the Minister confirm how many cases of diphtheria and scabies have been recorded at the site? What risk assessment has been done on current working conditions and safeguarding issues at the site? Are people still being held illegally at Manston?

Behind the problems at Manston is a serious and deep-running failure of policy and operational performance. Can the Minister confirm that the average waiting time for an initial asylum decision is now over 400 days? The number of decisions taken each year has slowed to the point of collapse. In frankly astonishing evidence given last week, the Home Affairs Select Committee heard that only 4% of small boat arrivals from last year have been processed. An immense backlog and a failure to deliver on the basics leads to problems, including overcrowding, increasing costs to the taxpayer and serious safeguarding issues. What effective action is the Minister able to point to that has been taken to tackle this growing problem? The Nationality and Borders Act introduced further layers of bureaucracy and delay, including an inadmissibility clause that delays cases for months and requirements for some asylum seekers’ decisions to be repeatedly revisited.

On Rwanda, we are now aware that the Government have paid a further £20 million on top of the already disclosed £120 million for a policy that the Home Office was unable to sign off as being value for money. Does the Minister not agree that concerted action to tackle vile, criminal gangs starts much closer to home? Will the Government now fund a dedicated National Crime Agency unit?

On ministerial accountability, is it still the case that the Home Secretary has not yet visited Manston? The chair of the Home Affairs Select Committee has also pointed out that a Home Secretary has not appeared before the committee since February, despite there having been three different Home Secretaries in that time, one of whom was appointed twice. While we discuss these incredibly serious policy and operational issues, questions remain over the Home Secretary’s conduct regarding the sharing of sensitive information. Will there now be an investigation into whether similar actions occurred during her tenure as Attorney-General?

What are the Government doing to expand safe routes for those fleeing unimaginable situations? If a woman is forced to flee from Iran in the coming weeks, after taking part in current protests, and turns to the UK for help, what specific safe and legal route is open to her?

Finally, while answering this Statement yesterday in the House of Commons, the Home Secretary used language that many of her own colleagues considered ill-advised and inflammatory when she spoke of an “invasion”. That is not the language of a Home Secretary considering national security and public safety the day after a dangerous bomb attack. I would like to know whether the Minister agrees with his ministerial colleague, who said this morning:

“In a job like mine, you have to choose your words very carefully. And I would never demonise people coming to this country in pursuit of a better life.”


The whole situation is a shambles, with terrible consequences for people, and it is about time the Government sorted it out.

[Lord Paddick (LD)]

I welcome the Minister to his Front-Bench place. Whatever way you look at the appalling conditions at the Manston processing site, with overcrowding, disease and disorder, the conclusion is that it is the fault of this Government, whether because of the woeful track record in processing asylum claims or the alleged failure to commission accommodation from which asylum seekers can be moved on from Manston. That, coupled with the reckless rhetoric used by the Home Secretary and the Government towards asylum seekers, fuels a false narrative that results in the kind of attack that we saw at Western Jet Foil, which is now being treated as a terrorist incident.

Asylum claims in the UK are almost half what they were 20 years ago: over 80,000 asylum claims were made in 2002, and just over 40,000 in 2021. There is currently a 20-week wait just to register an asylum claim and, on average, over 400 days before an initial decision is made. At the end of March, 89,000 cases were awaiting an initial decision, which is quadruple the number in 2016.

The local MP alleged on the “Today” programme on Monday that the overcrowding at Manston was deliberate, as the Home Office had decided not to book more hotel rooms to accommodate asylum seekers. Sir Roger Gale MP today repeated his claim that it was a failure of the Home Office to commission move-on accommodation, despite what the Home Secretary said yesterday in the other place. Can the Minister confirm who is telling the truth?

Yesterday, the Telegraph quoted a Minister who said that Suella Braverman blocked the use of hotel rooms for migrants to “process them quickly”. Mark Spencer MP, the Farming Minister, when asked about the report that Ms Braverman had “put the block” on hotel rooms being used for those arriving on British shores, told Sky News that it was

“because she wants to process them quickly”.

We have the local MP and the Farming Minister both saying that Ms Braverman had put a block on hotel rooms, while the Home Secretary herself said that she had not. Who out of those Government Ministers, senior Conservative MPs and the Home Secretary is telling the truth?

The overwhelming majority of those who have been crossing the Channel in small boats in recent years have been genuine asylum seekers—not because I say so but because the overwhelming majority have been granted asylum status by the Home Office. So why is the Home Office calling those genuine refugees “illegal migrants”, when clearly they are not? Even the Home Office website, announcing the Manston facility, describes it as a

“processing site for illegal migrants”.

That was in December 2021, even before the Nationality and Borders Act. Meanwhile, an Ipsos MORI poll says that only 10% of British people think that immigration is the number one problem facing the UK.

Yesterday, we had the Home Secretary describe those crossing the Channel in small boats as an “invasion”. Not only is that outrageously dangerous rhetoric, particularly when the world is dealing with the invasion of Ukraine by Russia, but this morning we had the Immigration Minister saying that politicians had to be careful in the words they used. Which Minister does the noble Lord agree with—the Immigration Minister or the Home Secretary?

The Conservative Party has had seven years in government when it has been in sole control of our borders. As the Home Secretary herself has said, the asylum system in the UK is broken. Does not the Minister agree that seven years is more than long enough to repair any broken system, and therefore it is time that this Government made way for a Government who can mend it?

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

Thank you, my Lords. I shall deal first with the questions raised by the noble Lord, Lord Coaker. In relation to the attack on Western Jet Foil, I can confirm that Counter Terrorism Policing South East has now taken the lead from Kent Police in investigating the incident. Detectives have worked hard to establish the exact circumstances, including the motivation surrounding this incident, which happened at 10.20 am on Sunday. During the incident, as noble Lords will know, a number of crude incendiary devices were thrown outside Western Jet Foil and into the premises by a man who arrived at the scene alone in a car. The suspect’s vehicle was quickly located nearby, and the man was found dead inside; he has since been identified as Andrew Leak, aged 66, from High Wycombe.

What appears clear is that this despicable offence was targeted and likely to be driven by some form of hate-filled grievance, although this may not necessarily meet the threshold of terrorism. At this point, the incident has not been declared a terrorist incident, but it is being kept under review as the investigation progresses. A search warrant was carried out at the property at High Wycombe on Monday 31 October, and a number of items of interest were recovered, including digital media devices, which are being examined as quickly as possible.

Due to the nature of the evidence gathered so far, it is clear that officers with specialist knowledge, resources and experiences are best placed to lead this work to determine the motivating factors. There is nothing currently to suggest that the man involved was working alongside anyone else and there is not believed to be any wider threat to the community in the High Wycombe area or in Dover. Detective Chief Superintendent Olly Wright, head of the CTPSE, said:

“This was a traumatic incident for everyone involved, and the wider community and we’re working hard to establish what led to the events on Sunday morning.”


It is right to give space for these investigations to reach their conclusion and it would be inappropriate to second-guess any conclusions at this stage. I echo the thanks given yesterday in the other place for the work of Border Force and the first responders to this appalling incident.

I turn to the second question raised by the noble Lord, about conditions at Manston today. There were 3,629 people at Manston as of this morning. There were no arrivals today, due to the weather in the channel, and conditions are stable and improved routinely, as the Home Secretary set out in the other place in her Statement. Some 332 migrants were rehoused in alternative accommodation today and it is hoped that further transfers will be possible during the course of the week. I can confirm in relation to the other question that the noble Lord asked me, about the health of the people detained at Manston, that there were four cases of diphtheria. Those people have been treated and cases of various skin conditions have also been addressed. The healthcare provided at Manston is first class and, indeed, for many of the people detained at Manston, it is the first time they have had medical intervention for a very long time. The conditions being identified are ones that have clearly been prevalent prior to their crossing the channel, and it is excellent that the medical staff at Manston are able to provide that care for those people.

On the question of waiting times for asylum processing, it is correct that, as the Home Secretary said in the other place yesterday, this system is approaching its breaking point and needs some serious intervention. That is precisely what this Government will do. The cause of this is the unprecedented number of illegal crossings of the channel to the United Kingdom, which has put a system designed for many fewer migrants under extreme pressure. The staff of Border Force and of the Home Office more generally are working at pace to secure a resolution to these asylum claims and to expedite the conclusions of their applications.

The noble Lord asked me whether we need to consider other options. I am, of course, happy to confirm that co-operation with the French is key to addressing this issue. Already since the start of the year, co-operation with the French has stopped more than 29,000 illegal crossings, and joint work with France continues. An important aspect of our response to illegal migration is with the French doubling the numbers patrolling the beaches. That work and certain negotiations with France will continue in an attempt to reduce the numbers crossing the channel, particularly during these very dangerous winter months.

Public Order Bill

Lord Paddick Excerpts

2nd reading
Tuesday 1st November 2022 Lords Chamber

[Lord Paddick (LD)]

My Lords, I remind the House of my experience in public order policing: I was an advanced trained public order senior officer attending specialist pass-fail week-long initial training, table-top exercises over numerous weekends, and two-day practical exercises every six months involving more than 100 officers and petrol-bombing and operating under a hail of missiles. I was also the gold commander for numerous real-life public order events.

Let me say up front, as the noble Lord, Lord Coaker, has said, that our view is that protesters unreasonably blocking ambulances taking patients to hospital, for example, should be arrested and, in particularly serious cases, they can, they should and they have been sent to prison by the courts. This can be done now, and it has been done recently, under existing legislation. As the noble Lord said, damaging artwork is also a criminal offence under existing legislation, for which someone could be sent to prison.

Her Majesty’s Inspectorate of Constabulary, Fire and Rescue Services, which I will shorten to HMIC, as fire and rescue are not relevant to this Bill, conducted an inspection of public order policing at the request of a former Home Secretary—whichever one it was—who wanted evidence to prove that new legislation was necessary to deal with modern-day protests. There were five proposals on which HMIC, the Home Office and some police officers agreed that the law could be changed, four of which have already been enacted through the Police, Crime, Sentencing and Courts Act 2022. The fifth and only outstanding proposal agreed to, with reservations, by HMIC, which the Home Office initially thought was too controversial to include in the Police, Crime, Sentencing and Courts Bill introduced to this House, was increased stop and search powers for the police in relation to protest. I say that HMIC had reservations, but let me quote from its report, which said:

“Throughout the ten forces we inspected, we found that police views on proposed additional powers relating to protest were strikingly different. At one end of the spectrum, an officer we interviewed described the current legislation as providing ‘an arsenal’ of weapons for the police to use, including many appropriate for use in the context of disruptive protests. Consequently, that interviewee, and many others, saw no need for change. Arguing against the proposal for a new stop and search power … another officer stated that ‘a little inconvenience is more acceptable than a police state’. We agree with this sentiment.”


That is HMIC agreeing with that sentiment, although we on these Benches also agree with that sentiment, and I personally, based on my experience, agree with that sentiment.

The other proposed legislative changes in this Bill were not asked for by the police, not considered by HMIC and, together with the new stop and search powers, not initially included in the Police, Crime, Sentencing and Courts Bill. So where did they come from, and what gave the Home Office the courage to introduce the stop and search powers and the other measures as amendments to the PCSC Bill in Committee in your Lordships’ House?

Insulate Britain had engaged in a short but reckless campaign of blocking roads, including motorways, around the time of the 2021 Conservative Party conference. The then Home Secretary made a speech saying she would introduce even more draconian laws in response to the Insulate Britain protests. That is why these measures were added to the already questionable erosion of people’s right to protest in the original Police, Crime, Sentencing and Courts Bill after it had passed through the Commons.

Apart from making those who dangerously blocked roads liable to a sentence of imprisonment, which this House eventually agreed to, the remaining measures, which deliberately target climate protesters, and the new stop and search powers were rejected by this House. Now here they are again, in the Bill before us. We on these Benches, who the current Home Secretary described, along with our Labour colleagues, as

“Guardian reading, tofu-eating wokerati”

believe, following that comment, that this is a culture wars Bill that further erodes people’s right to assembly, free speech and peaceful protest.

The Explanatory Notes for the Bill produced by the Home Office offer an alternative explanation for the measures in it, saying:

“Recent changes in tactics employed by certain protesters have highlighted some gaps in current legislation”—


recent changes in tactics, such as locking-on as practised by the suffragettes, who chained themselves to railings, or tunnelling, as practised by those protesting against the Newbury bypass in 1996. If memory serves me, the noble Lord, Lord Blair of Boughton, was in charge of the policing for that situation, so no doubt we will hear about it in a moment. Then there is obstructing major transport works—like those who protested against the second runway at Birmingham Airport in 1997. To say that this Bill is necessary to fill gaps in legislation because of these so-called recent changes is not only factually inaccurate but laughable.

On the new stop and search powers, HMIC’s inspection report talked about

“the potential ‘chilling effect’ on freedom of assembly and expression in terms of discouraging people from attending protests where they may be stopped and searched”.

Black people, in particular, many of whom feel that those in Parliament do not represent them, and for whom peaceful protest is even more important, are the most likely to be impacted. As HMIC says:

“Such powers could have a disproportionate impact on people from black, Asian and other minority ethnic groups.”


Why does it say that? Because you are seven times more likely to be stopped and searched by the police using “with suspicion” powers, and 19 times more likely to be stopped and searched by the police using “without suspicion” powers, if you are black than if you are white, and both “suspicion-led” and “suspicionless” powers are included in the Bill.

If that is not bad enough, the Bill proposes serious disruption prevention orders, something considered by HMIC and the Home Office and rejected. The HMIC inspection report states that other police officers

“regarded such banning orders as a disproportionate infringement of the right to freedom of expression and peaceful assembly. One senior police officer believed that banning orders would ‘unnecessarily curtail people’s right to protest’. Another commented that a protest banning order is ‘a massive civil liberty infringement’. We also heard a view that ‘the proposal is a severe restriction on a person’s right to protest and in reality, is unworkable’”.

Those are the views of police officers.

The Home Office initially discounted the proposal, saying that it would take away a person’s right to protest and that banning people attending peaceful protests would very likely lead to a legal challenge. It added that it appeared unlikely the measure would work as hoped because a court was unlikely to impose a high penalty on someone who breached such an order if the person was peacefully protesting. HMIC concluded:

“We agree with this view and that shared by many senior police officers”.


We on these Benches also agree with this view. Even if I were sitting on the Cross Benches as a completely independent expert with a wealth of experience in public order policing, instead of, as I do, sitting on the Liberal Democrat Benches as an expert with a wealth of experience in public order policing, I would still oppose the provisions in the Bill—and in almost every case I would be supported by the majority of serving police officers, His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, and many in the Home Office. We should oppose the provisions in the Bill.

Police and Crime Commissioners

Lord Paddick Excerpts

Monday 31st October 2022 Lords Chamber

[Lord Paddick (LD)]

My Lords, I too am grateful to the noble Lord, Lord Lexden, for securing this debate. Liberal Democrats are in favour of greater police accountability but the system of police and crime commissioners appears to be broken, as the examples provided by other noble Lords have demonstrated.

Much criticism has been levelled at police leadership in recent years. We have seen justified criticism of the lack of Home Office involvement in the development and selection of the most senior police officers. Gone is the previous requirement that no chief constable be appointed without experience as an assistant chief constable or deputy in another force. Gone is the Home Office assessment of the suitability of candidates, including the grading of candidates for promotion. Instead, chief constables can appoint their own senior officers and PCCs can select their own chief constables—almost always the incumbent deputy.

Competition for chief officer posts in forces has all but evaporated, given the belief that the incumbent will always be selected, having developed a relationship with his or her police and crime commissioner. As we saw in the Wiltshire Constabulary case of the investigation of Sir Edward Heath, and as the noble Lord, Lord Lexden, has said, the PCC failed to launch an investigation into his own chief constable, and the Home Office then failed to hold either the chief constable or the PCC to account. Under the old tripartite system of Home Office, police authority and chief constable, the Home Secretary could and did overrule the police authority, but, because PCCs are allegedly democratically elected, they can be held to account only every four years by the electorate.

I say “allegedly” for a number of reasons. In places like Wiltshire there is an inbuilt Conservative Party majority. An Electoral Commission report in 2016 found that 72% of the electorate knew not very much or nothing at all about police and crime commissioners. With PCC elections costing £50 million a go, plus two by-elections so far—and on the last count only a 33% turnout, with voters clearly voting along party lines in most places—this is a very poor example of democracy. I understand that there are no independent police and crime commissioners left. The Home Office has abdicated responsibility for policing, placing it on police and crime commissioners who are dubiously elected on small turnouts, based on little or no public awareness, with voters voting along traditional party-political lines.

Placing too much power into the hands of one individual—in this case police and crime commissioners —creates the potential for other accountability issues. We saw this in Avon and Somerset, where inappropriate behaviour towards women was alleged against a chief constable. Vulnerable victims came forward and a case put to the police and crime commissioner, who then allegedly passed the details to the chief constable concerned, including details of the victims. While the chief constable was eventually forced to resign and has subsequently had his Queen’s Police Medal “cancelled and annulled” by the Queen, the police and crime commissioner remained in place.

The problem with the whole system of police and crime commissioners can be summed up by the current situation in the Metropolitan Police, which was placed into special measures by Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, the subject of a damning report by the noble Baroness, Lady Casey, with the Government blaming the de facto police and crime commissioner, and the police and crime commissioner blaming the Home Office, with the public confused as to where responsibility lies, and no one being held to account.

Liberal Democrats want police boards with similar powers to PCCs, composed primarily of local authority members, to replace police and crime commissioners. Representing a broad cross-section of constituencies and political parties, minority groups and ideas, and having responsibility for the overall funding and provision of local services, not just the police precept, most if not all of the problems with the existing system of police and crime commissioners could be overcome. At the very least, as the noble and learned Lord, Lord Thomas of Cwmgiedd, said, there are now so many problems with police and crime commissioners that a review is necessary, if not their removal and replacement.