Lord Rooker debates involving the Home Office during the 2019 Parliament

Tue 13th Dec 2022
Thu 31st Mar 2022
Police, Crime, Sentencing and Courts Bill
Lords Chamber

Consideration of Commons amendments & Consideration of Commons amendments
Tue 22nd Mar 2022
Police, Crime, Sentencing and Courts Bill
Lords Chamber

Consideration of Commons amendments: Part 1 & Lords Hansard - Part 1
Wed 5th Jan 2022
Nationality and Borders Bill
Lords Chamber

2nd reading & 2nd reading
Tue 14th Sep 2021
Tue 25th May 2021

Metropolitan Police Reform

Lord Rooker Excerpts
Monday 27th November 2023

(4 months ago)

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Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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I agree with the noble Lord that it is a matter of urgency—of course it is—but it is also urgent that we get it right and make sure that all the possible unintended consequences are dealt with well in advance of implementing what are in some cases new, pretty draconian regulations, particularly with regard to how police officers might lose their careers. It deserves careful thought rather than coming back to the Dispatch Box and unpicking mistakes that might be made because we acted in haste.

Lord Rooker Portrait Lord Rooker (Lab)
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Can I ask Minister about his answer to the noble and learned Baroness, Lady Butler-Sloss? My understanding is that primary legislation is drafted by parliamentary counsel and that statutory instruments are drafted by the department’s lawyers. So what is the problem inside the Home Office? It is in charge of the lawyers there; it is not parliamentary counsel. It ought to be quicker than it is at the moment.

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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That is perhaps the case but, of course, we still have to find parliamentary time for these things.

Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023

Lord Rooker Excerpts
Tuesday 13th June 2023

(9 months, 2 weeks ago)

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Lord Hunt of Wirral Portrait Lord Hunt of Wirral (Con)
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My Lords, I speak in my capacity as chair of the Secondary Legislation Scrutiny Committee. The noble Lord, Lord Coaker, already referred to the report that we have published on the regulations that we are debating. In our report, we raised a number of issues. First and foremost, we wanted to alert the House to the fact that this instrument did, as the noble and learned Lord, Lord Hope, has referred to, bring back a measure that was rejected by the House during the passage of the Public Order Bill—a point that we felt was particularly important because, regrettably, it had not been mentioned in the Explanatory Memorandum laid at the same time as the instrument itself.

It cannot be denied that primary legislation receives more thorough scrutiny than secondary legislation. Where a measure is rejected during the passage of a Bill, only for it to reappear in secondary legislation, we had no doubt that the House would want to be made aware of it. We concluded in our report that the House would probably wish to consider the possible constitutional issues that arise, and to decide whether it wished to retain its earlier view on the measures.

We are an advisory committee only. We cannot tell this House what to do. Our role is to highlight matters about which we believe the House may want to challenge Ministers and ask for explanations. This debate demonstrates how true it is that the House is concerned to debate these regulations thoroughly.

It is a testament to the sterling work of the team that supports the Secondary Legislation Scrutiny Committee that the committee has been able to contribute to this important debate, and that my officials spotted this and questioned the government department about it as thoroughly as they then did, with further developments today, to which I will refer in just one moment.

These regulations are not only significant in their own right but illustrate issues of greater concern to those who sit on our committee. In May, we published our interim report on the work of the committee, in which we made observations on the instruments laid during the previous 12 months. I pay tribute to my predecessor, my noble friend Lord Hodgson of Astley Abbotts, who identified with me a range of matters to which our committee agreed. One was the inadequacy of consultation. We set out examples in that report where inadequate consultation had had the effect of undermining the operation of an instrument.

In our report on the regulations which we are now debating, we were also critical of the level of consultation, arguing that a considerably greater degree of consultation would have been more appropriate given the specific history, the range of interested parties and the strength of views. Above all, these regulations demonstrate the committee’s major and recurring concern that all too often the quality of the explanatory material accompanying secondary legislation is found wanting.

As I mentioned, our report on these regulations criticises the Explanatory Memorandum because it failed to mention that the measures had been defeated in the House on an earlier occasion, and, as a corollary of that omission, failed to explain the reasons why the Home Office takes the view that it should make a second attempt in this matter. This was important information that should have been included, and provides more than ample evidence of the finding in our interim report that poor-quality explanation was the most unwelcome feature of the secondary legislation that has been laid in the last 12 months.

Just today, in the early hours, the Home Office laid a revised Explanatory Memorandum for these regulations, responding to some of the points in the committee’s report. The House can form its own view on whether the revisions address our criticisms; it is not for us to publish any further commentary. However, departments should not have to revise explanatory material at our prompting. The original version should always provide sufficient information to scrutinise the instrument fully.

In that interim report, we urged all government departments to strengthen their quality assurance systems so that explanatory material, particularly that in support of secondary legislation, is clear, accessible and comprehensive. We will do our best to remain vigilant in identifying when departments fail to do this and are committed to drawing your Lordships’ attention, as on this occasion, to instruments where the quality of explanatory material has fallen significantly short of the standard that I believe this House has a right to expect.

Lord Rooker Portrait Lord Rooker (Lab)
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My Lords, I do not propose to address the public order issues. It is a fairly simple issue, really. It is not the role, and can never be the role, of the unelected House to seek to have the last word. The last word on every issue belongs in the elected House. Sometimes, it is true, it has to wait a year, if the Parliament Act is used, but at the end of the day it has to be in a position of owning what it has passed, so that the electorate can take a view of what it has done. That is where the Government are formed, not here. It is a simple issue, really.

Our conventions have been tested and have been found wanting. I agree very much with the speech that we have just heard—I am a member of the Delegated Powers Committee—but that is not the issue. We have had case after case of the Government taking away powers from Parliament to give executive authority to Ministers. The House has debated this two or three times, but we have not done much about it so far. The simple issue is this: the elected House must own the decision.

I will upset a few people at the end of the evening; I am happy to vote for my noble friend’s amendment but if the fatal amendment is put then I intend to vote with the Government. I will not be in a position after the next election of allowing the then Opposition to claim, when issues arise, “You never voted against it”. I will have at least one name in the Lobby. This is not the first time this has happened; the noble Lord, Lord Strathclyde, voted in opposition against fatal amendments. We know that it has been reviewed, but maybe it is time to look again at our conventions. I think the last time they were reviewed properly was in 2006, by a Joint Committee chaired by my noble friend Lord Cunningham of Felling.

I will not get confused—I agreed with about two sentences of the speech from the noble Baroness, Lady Jones, on constitutional issues. She has spent all week on social media misleading the public about the powers in Parliament. The powers belong to the elected House. It must be in a position to have the last word on every issue.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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Can the noble Lord tell me how I misled anyone? I think it has been the Labour Party that has misled people.

Lord Rooker Portrait Lord Rooker (Lab)
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Anyone can look at what has been happening this week. It has been misleading. The fact is that we are in a democracy and we are an unelected House. Our job is very simple: we just ask the other place to look at things again and again. At the end of the day, it has to own the decision. How can it go to the public in a general election if there are decisions that it cannot own? That is our present system and no one has come up with a plan to change it at this time.

Lord Pannick Portrait Lord Pannick (CB)
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My Lords, I support both amendments before the House—that tabled by the noble Lord, Lord Coaker, and that tabled by the noble Baroness, Lady Jones. I do so because, as the noble Lord said, this is a constitutional outrage.

I take that position even though I have great sympathy with the Government’s position on the substance of these regulations. They are absolutely right to say that those who demonstrate are not entitled to inflict more than a minor hindrance or delay on those going about their daily business. Whatever the merits for which the demonstration is held, protesters need to recognise that their rights to freedom of expression and assembly are not the only rights in play. The noble Baroness, Lady Jones, says that this is an authoritarian law. It is not. Members of the community have the right to get to work, take their children to school and attend hospital appointments without being caught in a traffic jam caused by protesters sitting in or walking slowly along a road with the very purpose of disrupting the lives of other people. That is simply outrageous.

However, the issue tonight is whether we approve regulations that defy the will of Parliament, as expressed by this House when we voted down on 7 February Amendment 48 of what is now the Public Order Act, in the light of which Amendment 49 was not moved. I voted with the Government on Amendment 48, and I was in the minority. As we have heard, they are now bringing forward regulations to achieve exactly the same objective. Respectfully, it is all very well for the noble Lord, Lord Rooker, to talk about the other place being the dominant House, which it is, and say that we must give way to it, but we should not do so when there is a constitutional outrage, and not when, as we all know, scrutiny of regulations is cursory at best.

The Government know very well that they can bring forward regulations which we cannot amend and that the normal practice of this House is not to vote them down on a fatal Motion. How is that democratic? How can it be democratic that one of the Houses of Parliament is unable to express its view in relation to the substance of this matter?

Black and Minority-ethnic Children: Police Strip-searches

Lord Rooker Excerpts
Monday 27th March 2023

(1 year ago)

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Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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The noble Lord invites me to comment on operational police matters. I do not know whether it is appropriate, but I assume that they have very good reasons to do this; otherwise, they would not conduct these searches.

Lord Rooker Portrait Lord Rooker (Lab)
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Would the Minister care to reanswer his noble friend who asked the question about the role of the IOPC? It sounds as though it is checking a couple of dozen cases, and that is not good enough, given what the commissioner’s report has identified. Surely we need a review of all the cases, because there have been dozens a week over the years. The answer that the Minister gave on the role of the IOPC is not sufficient.

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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I think I said at the end of my answer to my noble friend that the IOPC has also been asked to look at the more general legislative framework around this particular subject and to give us more comprehensive findings.

Public Order Bill

Lord Rooker Excerpts
I hope the Minister realises that that is a helpful series of questions, which seeks to build on the inspectorate’s report on what should be happening to improve the policing of protest in our country. I look forward to the Minister’s response.
Lord Rooker Portrait Lord Rooker (Lab)
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My Lords, for the avoidance of doubt, I say to the Minister that I will not be deviating into policy regarding the Bill. I am going to stick to the 17th and 19th reports of the Delegated Powers and Regulatory Reform Committee. I have served on this fascinating committee since January and I want to test how deeply the Government consider the reports from the committee.

Memory tells me that when I came into the House—it was around 20 years ago; I was Home Office Minister in 2001—being new to the House and the department, I was advised that, in the main though not exclusively, the Government tended to accept the advice of the Delegated Powers Committee. I am not complaining; on this, it is the Government’s choice, but the way they have gone about it is what I want to test.

It is only Clause 30. In the history of this Bill, earlier this year a similar power was in a previous Bill. The 13th Report of Session 2021–22 raised the same points about the power in Clause 30. The report drew this to the attention of the House, repeating the concerns expressed in an earlier report.

Clause 30 is on the power to issue guidance. It gives the courts a very broad discretion to impose on a person—but I will not go over all the detail of that. In its 17th report, at paragraph 10, the committee said:

“As we stated in our 13th Report … we consider that the SDPO”—


the serious disruption prevention order regime—

“places considerable power in the hands of the police—first, any decision of a court as to whether to make an SDPO—and as to the restrictions to be imposed under one—is likely to be heavily influenced by what the police say about whether the conditions for making one are met … second, SDPOs can be applied in a broad range of circumstances: they are not limited to the prevention of criminal conduct but can be imposed for such vague, and rather open-ended, purposes as preventing people from ‘contributing to’ the carrying out by others of activities that ‘are likely to result in’ serious disruption to as few as two people”.

The report went on to say:

“Clause 30 allows the Secretary of State to issue guidance to chief officers of police and chief constables in relation to SDPOs, including, in particular, on—the exercise of their functions in relation to SDPOs; identifying persons in respect of whom it may be appropriate for applications for SDPOs to be made; and providing assistance to prosecutors in connection with applications for SDPOs.”


That is the Secretary of State issuing guidance on what appear to be quite detailed operational functions of the police.

Paragraph 12 of the report said:

“A chief officer of police or a chief constable ‘must have regard to’ such guidance.”


The guidance is not subject to any consultation requirement at all. The Government stated, in a memorandum they supplied with the Bill, that the guidance should be subject to parliamentary procedures only in exceptional circumstances. In other words, Parliament is not really bothered about this. It said the guidance in question merits this,

“given the extensive parliamentary and public debate about the appropriate balance between the rights of protesters to exercise their freedom of speech and assembly”.

The report said this was unchanged from the view expressed by the Government in the memorandum accompanying the power to which the committee drew the attention of the House in its 13th report. The whole point about this is whether the affirmative procedure might or might not be appropriate—which the committee drew to the attention of the House—so that Parliament at least has a role.

Paragraph 17 of the report said that

“we considered that guidance issued by the Secretary of State on the exercise of police functions in relation to serious violence reduction orders should be subject to the affirmative procedure because the exercise of those functions could prove to be highly controversial. We indicated that such scrutiny would benefit the police by whom the functions would be exercised”.

In the second part of paragraph 17, the committee said that

“we considered that proposed revisions to an existing code of practice on the exercise of statutory stop and search powers were sufficiently significant to merit affirmative procedure scrutiny. We noted that the Act governing that code gives Ministers a choice as to whether to make revisions by affirmative procedure regulations”.

At the end of the day, the committee concluded that Clause 30 contains an extreme example of a power to issue guidance on the exercise of statutory functions. It allows the Secretary of State to influence the exercise, by the police, of functions that could prove highly controversial, including identifying persons against whom the courts may make serious disruption prevention orders. The committee then said:

“Accordingly, we consider that guidance under clause 30 is sufficiently significant to merit affirmative procedure scrutiny.”


The point is that, when the Government published the Bill and the delegated powers memorandum, they gave examples of previous cases where such scrutiny was not required. Commenting on the 16 examples, paragraph 20 of the 17th report says

“of the ‘examples’ given … 10 are not comparable as they do not require anyone to ‘have regard to’ the guidance; … a further 2 concern guidance that has a much narrower focus (as to ‘the effect’ of statutory provisions); … another relates to functions (exercisable by a constable) that appear to be much more limited; … 4 concern guidance to which a requirement to consult applies; and … the most recent one we reported to the House. In addition, the ‘examples’ relate to … the prevention of harm that is much more specific”.

So the examples set out in the delegated powers memorandum, published by the Government and given as part of their reason for it, did not apply; the Delegated Powers Committee made it clear that they were not relevant. To be honest, I never expected to be speaking on or tabling amendments to this Bill, because it drifts along, as it were, but the great thing about the delay is that I have the opportunity. Last week, we had the Government’s response to the 17th report, which we published in the 19th report on 5 December—a few days ago.

I do not have the letter with me, and I do not know which Minister signed the response to the Delegated Powers Committee, but I can remember my 52 weeks’ experience at the Home Office like it was yesterday. I had a private office of seven, and my day job was immigration, nationality and asylum. My other job was coming here and doing police, prisons and everything else—of course, we had the 9/11 legislation. I have to say that I cannot conceive of anybody in my then private office suggesting that I ever sign a letter such as that which has become the Government’s response to the 17th report.

The reason is this: in response to our conclusion, the Government said:

“The Government does not agree that clause 30 contains ‘an extreme example of a power to issue guidance’.”


They went on to talk about provisions in other Bills, including domestic abuse protection notices and domestic abuse protection orders, and said:

“As the table below shows, the Committee took a similar position in relation to previous Bills providing for very similar statutory guidance. Given this, we remain of the view that the negative procedure is appropriate in this case.”


My initial reaction to that was, “Blimey, they’ve come up with some new examples of where we got it wrong”. But they did not, because the table of examples supplied by the Government—table 1 in the 19th report of the Delegated Powers Committee—is exactly a repeat of what they said in the delegated powers memorandum. Every single example is repeated, one after the other, which the 17th report said was not relevant.

My question is: did the Minister who signed the letter on the Government’s response realise that the examples they were giving to the committee in justification were the exact same examples—no new ones—that had been given in the delegated powers memorandum, which the 17th report listed in the main as not relevant? How can this happen? Did anybody read the 17th report?

No committee is more important than another, but this House has the Delegated Powers Committee, and the other place does not. It is a very important issue as Ministers accrue powers. In this case, they want the power to give guidance to chief constables on controversial matters without any parliamentary scrutiny or consultation whatever. Therefore, it is just one clause in the Bill that the Delegated Powers Committee drew attention to.

Police, Crime, Sentencing and Courts Bill

Lord Rooker Excerpts
The noble Lord will know from his many years’ experience in the police that the only powers to ban assemblies are those provided for in Section 14A of the Public Order Act 1986, which relates to trespassory assemblies. This Bill does not amend Section 14A nor, for that matter, the separate powers in Section 13 to ban public processions in certain exceptional circumstances. The amendments that we are making in Clause 56 simply align the powers under the Public Order Act so that the police can attach any condition to a public assembly in the same way as they can already attach any condition to a public procession. Both the national policing lead for public order and the policing inspectorate are clear that the current distinction is illogical and anachronistic. The changes to Section 14 of the Public Order Act no more ban assemblies than Section 12 of that Act currently bans processions. These are sensible changes made by Clause 56 and should be accepted for what they are. I beg to move.
Lord Rooker Portrait Lord Rooker (Lab)
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My Lords, I will be very brief. I say thank you, first, to the House for agreeing the amendment last Tuesday in such substantial numbers, because it sent a better message to the other place than the original vote, which was at 10 pm, and, secondly, to the Government.

The leaders of the FSA will say that these amendments are vital to its core mission and will make tangible benefits to the way that it can deal with food crime. I do not think that I ever claimed that my little amendment of 30 words would solve the problem; the proof of the pudding, of course, is that 1,300 words have come back from the Commons. I know the parliamentary draftsmen are good, but they did not do that last Wednesday. This shows the point: the Minister in the other place said, as the Minister has just said here, that there was no issue of principle between us. I notice, however, that Mr Malthouse spoke about the “unfortunate way” that we dealt with the matter in this place—well, I only know one way to deal with it, and that is within the rules, which is what we did.

It is worth saying that Alistair Carmichael, the Lib Dem—who represents the second-best constituency in the UK, I might add—said

“It tells something about the attitude of the Home Office and this Government in general to Parliament and the other place that for something as prosaic as this it has taken two rounds of ping-pong before the Government have been prepared to accept what was surely to the rest of the world blindingly obvious.”—[Official Report, Commons, 28/3/22; col. 637.]


And it was something on which the Government agreed in principle anyway. The issue was parliamentary time. I know that there will be a consultation and that it will be several months, maybe even a year, before any of this comes into operation, but the fact is that parliamentary time is incredibly valuable. I know that, both as a troublesome Back-Bencher in opposition and as a Minister for 12 years: if you can get it, use it.

The Food Standards Agency issue in this Bill did not fit, but it fitted the Long Title. This is a classic example of where the use of that will save us enormous parliamentary time later on. It also makes the consultation that the FSA will do much more meaningful to the people who will be consulted, because Parliament has already done the primary legislation for it all. So I say thank you very much and I am very pleased with the outcome.

Lord Russell of Liverpool Portrait Lord Russell of Liverpool (CB)
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My Lords, I speak to Motion B1. I thank the Minister for the way that she explained the Government’s view on this. Interestingly, we had a discussion in yesterday’s Cross-Bench weekly meeting about the diplomacy and constitutional sensitivity involved in ping-pong. There was a range of views; I will not say what they were but they were in fact quite moderate and very balanced, so we are conscious of the delicacy of pushing ping-pong too far. However, I think—I hope—that the Minister would accept that pushing this particular subject to the extent that we have has helped and provided some clarity, not only to those of us who have been pushing for it but to both Houses and, frankly, to the Minister and the ministerial team themselves, who I think were perhaps not fully aware of exactly what they had embarked upon when the commitment was made just over a year ago to make the police record this sort of data.

There were two objectives in going for yet another round of ping-pong. The first was to get reassurance that that commitment really was being followed through with vigour and a sense of direction and purpose. The second objective, which the Minister has just demonstrated, is for the Government to adopt a more open and frankly more honest explanation when they come across difficulties. We often promise to do things and then realise that they are slightly more complicated to carry out than we had imagined or realised at the beginning. But the best thing to do is to say so, because that builds trust, and one of the most important things in the dialogue about this is to do everything that we can to reinforce that trust and good will, particularly for women and girls at the moment who, all the evidence suggests, are not finding it easy to report crimes to anybody, let alone the police. It is incredibly important that we do everything possible to reinforce that trust and make them more willing to do so.

My contention is that the best way to do that is to be honest about what is going well and what is going less well, and what is working and what is not, rather than to pretend that this is all terribly important and one of our major priorities, while newspaper story after newspaper story and television documentary after television documentary tell us that it ain’t working in the way that the Government try to make us believe that it is.

So I welcome this new spirit of openness. I also welcome the fact that I landed the Minister and her Bill team with no fewer than 14 extremely detailed questions yesterday afternoon to consider. They come directly from the police forces that were earliest in starting to record this data, so they are informed by their experiences, good and bad, and their knowledge of some of the complications. I hope that she found those questions helpful because they get to the heart of some of the complexities that we are trying to deal with. The most important thing is that, when we get to the end of rolling this out, the data produced is reliable, accurate, and helpful to the police and to the Crown Prosecution Service, which is somewhat lagging behind in understanding how to use some of this data in informing prosecutions.

So I am grateful to the Minister and her team for responding positively. When the time comes, I will not test the opinion of the House, as I think we have achieved what we set out to do.

Police, Crime, Sentencing and Courts Bill

Lord Rooker Excerpts
Moved by
Lord Rooker Portrait Lord Rooker
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Leave out from “House” to end and insert “do insist on its Amendment 58”.

Lord Rooker Portrait Lord Rooker (Lab)
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My Lords, contrary to what we have just heard, this issue was not discussed in the House of Commons when it was sent there. The Minister said about three or four sentences, which I will refer to in a moment.

This is a piece of enabling legislation, which will save hours of parliamentary time and slotting for parliamentary time in due course. I am reminded of the late Alf Morris; once when someone said to him, “We’ll kick that into the long grass”, he asked, “How long is the grass?” and the answer came back: “Can you see the giraffe?” That is what I am trying to avoid.

Amendment 58 seeks to place the new section after Section 114B in the Police and Criminal Evidence Act 1984. Section 114B(1) states:

“The Secretary of State may by regulations apply any provision of this Act which relates to investigations of offences conducted by police officers to investigations of labour market offences conducted by labour abuse prevention officers.”


That was the bit that the Government put in the PACE Act to help over exactly the same problem with the gangmasters. Amendment 58 is taken from subsection (1) of that part of the legislation.

In a public presentation last Friday of the Food Standards Agency’s new five-year plan, the current chair, Professor Susan Jebb, said:

“We are pursuing greater powers for the National Food Crime Unit”.


This amendment does just that. There is no pressure on timing. The Secretary of State “may” act. It is pure enabling.

--- Later in debate ---
Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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I go back to the statement that I just read: 18 months is a maximum for this issue to be resolved.

Lord Rooker Portrait Lord Rooker (Lab)
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My Lords, I will make two very short points. All the issues that the Minister has talked about could be dealt with in the regulations—that is the whole point. The issue of parliamentary time is the giveaway.

From time to time, the House is fortunate to have one or more of its Members on the board of the FSA, such as the noble Baroness, Lady Howarth of Breckland, and the noble Lord, Lord Krebs, who was the founding chair of the FSA. He is tied up in committee this morning, but I have his authority to say that he will vote for this Motion. Currently, we have someone sitting in the Chamber who, as a member of the board, has inside knowledge of the crimes that the Food Standard Agency’s National Food Crime Unit is dealing with. However, because the noble Lord, Lord Blencathra, is a member of the board, he cannot speak in this debate—but he will vote for the Motion.

Nationality and Borders Bill

Lord Rooker Excerpts
Lord Rooker Portrait Lord Rooker (Lab)
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My Lords, I, too, intend to concentrate on the one aspect of the Bill that should not be in the Bill—namely, Part 5. I share the views expressed by others. It seems to undermine the 2015 Act, pioneered by the former Home Secretary and Prime Minister Theresa May, although that may be the intention.

In all the years that I have been at Westminster, which is getting on for well over 40, I do not think that I have seen such a letter to legislators—signed by more than 100 chief executive officers concerned about the sector under legislation. I refer to the letter to MPs of 22 November from the Human Trafficking Foundation. It is short and to the point, and I shall give just four quotes. The letter, signed by 114 CEOs, says:

“The Bill sends a message to traffickers that they are free to exploit people with uncertain or insecure immigration status, or criminal records, even for minor offences, or those committed under duress, as they’ll no longer qualify for help”,


and that it

“will reduce the number of criminal prosecutions for trafficking offences as there is no incentive for victims trapped in criminal exploitation, or targeted by traffickers for old offences, from coming forward”.

It says that the

“new Trafficking Information Notices will create further delays … and … will increase costs”,

and that the Bill is

“unfair to victims of slavery, while making it easier for the perpetrators to get away with their crimes”.

These are serious claims, and they must be responded to.

The Bill requires slavery victims to disclose at the moment of identification or be penalised. This is simply not realistic. As a result, fewer people will be identified and helped. I simply do not understand Clause 62, which disqualifies potential victims from protection. The reasons for removal of protection are badly drafted, vague and can be operated on a whim. I am really looking for a legal mind to explain to me what “claimed … in bad faith”, as set out in Clause 62(1)(b), actually means. I have not seen that before, not even when I was at the Home Office as my noble friend Lord Blunkett’s Minister of State. Parliament cannot possibly allow this vagueness. Of course, the anti-slavery commissioner, Dame Sara Thornton, has said that there is a risk that Clause 62 will limit victim engagement in prosecutions and thereby significantly undermine the ability of law enforcement to bring traffickers to justice.

The CEOs’ experience is useful, but the joint letter from the anti-slavery commissioner and the Victims’ Commissioner to the Home Office, released on 30 December, is devastating. There is no time at Second Reading to rehearse the contents, such as the view that the Bill is set to degrade existing protections for these victims and that it

“singularly fails to grasp the realities of being a victim”.

There is no time to go into detail but, frankly, if the Minister winding up has not come briefed to respond to that letter, it is a disgrace and a failure as a Minister. I respectfully ask for a response to that letter today, before we start Committee.

This Bill is a very poor signal to the police officers out there at the moment preventing exploitation, seeking the exploited and matching up the incidents they go to as to whether people are telling the truth or are in slavery. What signal are we sending today’s police officers with a Bill that reduces protections for people in slavery?

The national referral mechanism stats show that 47% of referrals are for children, yet there are no protections set out for them. The Minister understandably did not make too much use of this in his smooth speech, which I commend him for, but he said nothing about why and how, as the Government claim, the national referral mechanism is being misused. There seems to be a lack of evidence and data to support the claim.

To conclude, British slave victims account for 34% of those identified. Children account for 47% of slave victims. The fact that the UK still has no national identity system and it is easy to work illegally means the Bill is encouraging the flow of cheap slave labour into the economy. That is the reality. That is what it appears it will do unless amended.

Police, Crime, Sentencing and Courts Bill

Lord Rooker Excerpts
Lord Rooker Portrait Lord Rooker (Lab)
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My Lords, the Bill will take a while in your Lordships’ House, and I will raise three short points. I apologise to the noble and learned Lord, Lord Judge, because two of them are not actually in the Bill. One is another Home Office IT failure, the second is women in prison and the third is the powers of the food crime unit at the Food Standards Agency.

Published last week, the National Audit Office’s report on the national law enforcement data programme could not have come at a worse time for the Home Office, as it presents this Bill. The police are on the front line, as ever. I declare that a close family member is a police officer.

The police need access to accurate information. Five years ago, the Home Office made a plan to replace two police IT systems—the police national computer and the police national database. These are part of the UK’s critical infrastructure, and are reaching the end of their lives, with their technology becoming obsolete. Costs are up by 70%, and a 2020 review said that it would be late, costly and—wait for it—would not meet the needs of the police. Under new plans it will not operate till 2025-26, yet the present database will not be supported technically after December 2024.

This is a sorry tale, but it is not the first IT failure in government—and certainly not the first IT failure at the Home Office, which has a bad record in this respect. I share the responsibility, along with my noble friend Lord Blunkett; we were not perfect. The fact is, however, that this needs raising and dealing with.

The National Audit Office recommended that

“the Home Office should immediately clarify its role and that of the police in the delivery of the new service and agree a revised business case”.

In addition, it said that the Home Office needed to guarantee that the systems would work, and could be relied on, until the new system was ready. The police should not be called on to cover up Home Office failures.

My second point is based partly on the excellent brief from Women in Prison, which has been raised by other noble Lords. It is that the Bill misses the opportunity to radically reduce the number of women in prison, and to prevent families being torn apart by prison. Is it the case that, as alleged, the sentencing changes proposed have been drawn up without consultation with the voluntary sector, including charities that provide front-line services? I would really like to know the answer to that before Committee.

The impact assessment recognises that the changes could have a negative impact on families, as they will be apart longer. A key requirement is that the Bill should be amended so that the courts have a duty to consider the impact on dependent children when sentencing their primary carer. Obviously, some women will still go to prison. But the effect on children when the primary carer is sentenced should be looked at. The rights of the children should be given due regard. We also need a clear requirement for information to be obtained on people with parental and primary care responsibilities who receive a custodial sentence, and on their children.

My third point is not covered in the Bill either, but I think it should be. On 22 February I raised at Question Time the issue of food-related crime. This essentially relates to the need to allow the food crime unit at the Food Standards Agency to operate against organised crime, without its hands tied behind its back. The powers under PACE should be given to the unit. The National Police Chiefs Council agrees to this. It would remove a burden from the police, who admit that they have never given food crime a high priority.

It has been announced today that we are going to carry on allowing food to come into the country without any checks for another six months, and maybe a year. This is a multi-billion pound industry, and the scope for criminals, and for organised crime, is enormous. This Bill seems an ideal place to make this change. Why was it not included?

My final point relates to the Minister. In the past 18 months, while we have been in this very difficult situation, her stock has risen considerably in this House. She is now in a very strong position to go back to the Home Secretary and spell out exactly what the views of this House are, and why they should be recognised.

Net Migration

Lord Rooker Excerpts
Tuesday 25th May 2021

(2 years, 10 months ago)

Lords Chamber
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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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My Lords, not only do we have a moral obligation but we have stated that moral obligation time and again. We have a history of meeting that moral obligation, and we intend to continue to do so.

Lord Rooker Portrait Lord Rooker (Lab) [V]
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My Lords, in my 20 years of membership of the House, which comes about next month, the population has increased by 6.1 million people, all unplanned. Has the Minister read the Civitas pamphlet Overcrowded Islands? by our colleague, the noble Lord, Lord Hodgson of Astley Abbotts, calling for a demographic authority to look at population changes and consequences?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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When the noble Lord started asking that question, I thought he meant the population of the House of Lords until he said 6.1 million. He is absolutely right. This goes to the question from the noble Lord, Lord Mann; we need a system that provides for the skilled workers we need here but also the infrastructure to underpin some of that planning.

Daniel Morgan: Independent Panel Report

Lord Rooker Excerpts
Tuesday 25th May 2021

(2 years, 10 months ago)

Lords Chamber
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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I begin by thanking the noble Baroness for the part she has played as chair of the inquiry. We are as keen as she is to see that report published in Parliament. I echo her words about the family, who have had to wait 34 years for some of the answers they seek. That must have been an incredibly painful process for them. On publication to Parliament, I agree that the panel is now awaiting confirmation of the arrangements from the Home Office. The Home Secretary needs to see the report before it can be published in Parliament. To echo previous noble Lords, I also completely respect that legal specialists have looked at the report, but my right honourable friend the Home Secretary is under an obligation to assure herself of those facts before the report is published. As my honourable friend read out yesterday, the terms of reference say:

“The Independent Panel will present its final Report to the Home Secretary who will make arrangements.”


The noble Baroness has acknowledged that there is no attempt to redact, only to ensure that human rights and national security issues are absolutely scrutinised. Then, I hope, the report will be published as soon as practicable.

Lord Rooker Portrait Lord Rooker (Lab) [V]
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My Lords, during yesterday’s exchanges in the House of Commons the Minister was specifically asked twice, by Chris Bryant at col. 52 and Stuart McDonald at col. 54, to set out details of meetings of the Home Secretary or advisers with News UK, Rupert Murdoch or Rebekah Brooks regarding the panel report. The Minister completely ignored both questions and at no time made any reference to News UK. Would the Minister now like to answer the point, which must be referred to in her brief? Have there been such meetings?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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My Lords, I know of no meetings that have taken place with News UK. As for the report being published, we cannot arrange timings until it is received.