Corruption

Lord Sharpe of Epsom Excerpts

Wednesday 26th April 2023 Lords Chamber

[Lord Hain]

To ask His Majesty’s Government what assessment they have made of the United Kingdom’s record in combating corruption.

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

My Lords, the Government are committed to the fight against corruption. Corruption and illicit finance undermine national security and global stability. They impede global prosperity and erode trust in institutions while harming their victims. Since 2010, the Government have led international efforts to combat corruption through the delivery of the United Kingdom Anti-corruption Strategy 2017-2022, and we will continue to build on this with the new anti- corruption strategy that is currently under development.

[Lord Hain (Lab)]

My Lords, in that case, why has the UK slumped to its lowest ever score in Transparency International’s latest global corruption index, falling sharply to number 73—a 10-place tumble from eighth to 18th over the last 10 years in its global rankings? Is it because of a collapse in government standards, or the recent scandalous government reversal of their previous admirable decision to suspend Bain & Company from UK Government contracts after Bain was found by a judicial commission to have been up to its neck in state corruption in South Africa? Are corruption and money laundering not now a real UK problem, and should not Ministers be utterly ashamed?

[Lord Sharpe of Epsom (Con)]

My Lords, I cannot improve on the words of the Prime Minister when he was asked about this subject. He pointed out that there has been

“widespread recognition and support for the UK’s approach to transparency and tackling corruption. … the most recent report from the Financial Action Task Force commended the UK for the steps it had taken”,—[Official Report, Commons, 1/2/23; col. 334.]

and those steps are significant. Obviously, a number of Bills going through your Lordships’ House and the other place at the moment deal with some of these issues. As for the specific question about Bain, I note that Bain has agreed to a period of rigorous monitoring for a minimum of two years during which its continuing compliance will be assessed. The UK arm of Bain has agreed that it will engage further with the Cabinet Office to provide evidence that its governance, organisation and internal processes are now working. I could go on, but I think that is enough.

[Lord Wallace of Saltaire (LD)]

My Lords, would it not be evidence of the seriousness of the Government in combating corruption if the agencies concerned with it were adequately staffed? Is not one of the fundamental problems of the Government’s approach to corruption and economic crime that the NCA and other agencies concerned with it are inadequately staffed to deal with this?

[Lord Sharpe of Epsom (Con)]

My Lords, the noble Lord will be aware that this subject has come up in discussion during the passage of the Economic Crime and Corporate Transparency Bill. The agencies are adequately resourced. The funding for the SFO is rising —gradually, but it is rising—and I know that people are being recruited into these operations.

[Lord Marlesford (Con)]

My Lords, can I remind my noble friend that there are in Hansard two Written Answers which list over 50 Home Office officials between 2005 and 2018 who were convicted of misconduct in a public office? Many of them were sent to prison—several for very long terms. Is this not a most disturbing figure?

[Lord Sharpe of Epsom (Con)]

It is a most disturbing figure. Public sector integrity is certainly a feature of the Transparency International downgrade of the UK, but that is being dealt with, as noble Lords will be aware.

[Baroness Chakrabarti (Lab)]

My Lords, it has been well over a year, as many of us remember, since the noble Lord, Lord Agnew, resigned in this House from that Dispatch Box. Noble Lords will remember that he did it over a government decision to write off £4.3 billion in fraudulent Covid loans. He went on to accuse the Government

“of arrogance, indolence and ignorance”—[Official Report, 24/1/22; col. 21.]

in dealing with fraud. What has improved since then?

[Lord Sharpe of Epsom (Con)]

My Lords, the noble Baroness will be aware that the publication of the new fraud strategy is imminent. As I referred to in my earlier Answer, the second iteration of the anti-corruption strategy is also being worked through at this moment. There will be a lot more to say on that in the very near future.

[Lord Vaux of Harrowden (CB)]

My Lords, may I push the Minister on resources, as 41% of all crime against the individual is fraud and 1% of law enforcement resources are applied to it? Is that really sufficient?

[Lord Sharpe of Epsom (Con)]

When put in numbers like that, no. However, as I have just said, the fraud strategy is due to be published next week. That is a multiagency approach to tackling fraud. It will be outlined in considerable detail.

[Lord Coaker (Lab)]

My Lords, can the Minister answer the question put by my noble friend Lord Hain? Why has the UK slumped to its lowest ever score in Transparency International’s global corruption index? How has that happened and what are the Government going to do about it?

[Lord Sharpe of Epsom (Con)]

I think I have already said what the Government are going to do about it. In terms of analysis, the data indicated that the drop is likely due to two factors. The first is heightened criticism on issues of public sector integrity, which I have already dealt with. The second is criticism of the public procurement processes during Covid. As the noble Lord will be aware, the Procurement Bill currently on Report is dealing with many of those issues. I could go on at significant length about PPE and so on if he wishes.

[Lord Pickles (Con)]

My Lords, one of the key parts of the Government’s anti-corruption policy was the register of beneficial ownership. Could my noble friend give us an update on how it is being brought in? It seems that it is still possible to hide true ownership behind companies and third parties.

[Lord Sharpe of Epsom (Con)]

I am unable to answer that question. I will have to write to my noble friend.

[Lord Allan of Hallam (LD)]

Further to the question from the noble Lord, Lord Pickles, a key element in fighting corruption is transparency around offshore companies which own property in the UK. Could the Minister supply to the House two figures? What is the number of offshore companies which own property in the UK, and what is the number of those which have failed to register their ownership details with Companies House, as they should have done by the end of January 2023?

[Lord Sharpe of Epsom (Con)]

Again, I am afraid I am going to have to write on this.

Public Order Bill

Lord Sharpe of Epsom Excerpts

Consideration of Commons amendments
Wednesday 26th April 2023 Lords Chamber

Moved by

[Lord Sharpe of Epsom]

That this House do not insist on its Amendments 6H and 6J to which the Commons have disagreed for their Reason 6K.

6K: Because it is not necessary to amend the stop and search powers contained in Clause 11.

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

My Lords, I thank all noble Lords for their engagement throughout the passage of this Bill. As I have already said, the Bill has undoubtedly received the scrutiny that the British people would want and expect, and it is only right to acknowledge that, through the scrutiny of this Chamber, important compromises have been made along the way.

I do not wish to detain noble Lords for longer than necessary. We have debated the contents of this Bill scrupulously and there remains just one disagreement. It is still the Government’s position that we do not support the changes proposed by your Lordships to Clause 11 on the power to stop and search without suspicion. This has been reiterated by the other place, which voted to disagree with your Lordships’ Motions 6H and 6J. Our position has been, and remains, that these changes are unnecessary.

As I mentioned in the previous debate, I remind noble Lords that a legal framework already exists for all stop and search powers. Section 3.8 of PACE Code A requires an officer conducting a search to give the following information to the person being searched: that they are being detained for the purposes of a search; the officer’s name and the name of the police station to which the officer is attached; the legal search power that is being exercised; the grounds for the search; and that they are entitled to a copy of the record of the search and can ask for this within three months from the date of the search. I have already committed, as has the Policing Minister in the other place, to amending PACE Code A to further improve transparency of the use of all stop and search powers. We will make it a requirement to communicate the extent of the area authorised for the suspicionless stop and search, the duration of an order and the reasons for the order where it is operationally practical to do so.

There is a good reason for these changes to be made to PACE Code A and not to the Public Order Bill, which is consistency. We want these changes to apply across the board to all stop and search powers, not just those being debated today. Placing them in the Bill would create one rule for stop and search for protests and another for stop and search for other purposes. This would inherently complicate officers’ training, increasing the chance that these powers are misused. I am sure that all noble Lords agree that this is something we must minimise.

I would also like to reassure all noble Lords that amending PACE Code A does not deny these changes to the principle of stop and search-appropriate scrutiny. Changes to the code require a full consultation with external stakeholders, such as the APCC, MOPAC, the NPCC, the Bar Council, the Law Society and others on the proposed changes and must be brought back to the House for us to consult upon before they are enacted into law.

Finally, on the requirement for a charter, it remains our view that this would be unnecessarily burdensome. The legislation already makes it clear when these powers can be used, and this is bolstered further by the additional requirements for the use of stop and search contained within PACE Code A. This will provide the right balance between tackling these disruptive protesters and protecting the rights of each citizen when these powers are used, so I call on all noble Lords not to insist on their amendments and to pass the Bill as presented. I beg to move.

[Lord Paddick (LD)]

My Lords, the Minister said that there is only one disagreement remaining. He was, of course, referring formally to what the House as a whole disagrees about; but we on these Benches have opposed police stop and search in relation to protest from day one, as any stop and search power will have a chilling effect on those wishing to exercise their rights to freedom of expression and freedom of assembly. These are fundamental human rights that are even more important to those who feel excluded from the parliamentary process, such as black and other minority-ethnic people. These groups are less likely to be registered to vote, less likely to have the correct form of voter ID even if they are registered to vote, and more likely to be stopped and searched by the police. Black people, for example, are between seven and 17 times more likely to be stopped and searched by the police than white people, depending on whether the power used is with or without suspicion. That is despite the legal safe- guards the Minister referred to.

The Commissioner of the Metropolitan Police, in response to the Baroness Casey Review, accepts the fundamental need to reset relationships between the police and the public, especially on the back of the findings of racism, misogyny and homophobia. Sir Mark Rowley acknowledges the past tendency of the police to impose tactics, rather than collaborate with, listen to and engage with communities. That is exactly what the noble Baroness, Lady Casey of Blackstock, said needed to happen, and the wording of the Lords amendment that we should insist on today is taken exactly from the Baroness Casey Review.

On the one hand, we have the Commissioner of Police for the Metropolis and the noble Baroness, Lady Casey of Blackstock, both pulling in one direction, wanting stop and search to be based on collaboration, listening and engaging. On the other hand, we have this Government pulling in the other direction, rejecting the Lords amendment that would require police forces to draw up a charter on the use of stop and search, in consultation with local communities. This House should insist on the implementation of the recommendations of the Baroness Casey Review and not reject them.

I understand that some noble Lords have been concerned about the precise wording of the amendment. But as the commissioner has found to his cost, not accepting the exact wording of the Baroness Casey Review can result in diverting attention away from actually getting on and doing things instead of debating the meaning of words. However, with other important votes to come this afternoon, and without the support of the Labour Opposition, we appear to have reached the end of the road.

--- Later in debate ---

[Baroness Jones of Moulsecoomb (GP)]

Just for the record, I am absolutely furious about the Bill. I think the Government have panicked. It is unworthy of any Government who think freedom of speech is important. Shame on you all.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank almost all noble Lords for their contributions to another fruitful debate. As I have already said, there is no doubt that the Bill received the scrutiny it deserves. I will not go on at great length, but noble Lords have raised the subject of the Casey review. To remind the House I point out that the review said that, as a minimum, Met officers should be required to give their name, their shoulder number, the grounds for the stop and search and a receipt confirming the details of the stop. As I outlined in my opening remarks, it is fairly clear that our amendments to Section 3.8 of PACE Code A go beyond that. I accept the point the noble Lord made about the face of the Bill, but PACE codes are statutory.

The noble Lord, Lord Coaker, asked about the data that we will collect. I refer to a previous debate and reiterate what was said then:

“The Home Office already publishes an annual statistics bulletin which analyses the data from forces across England and Wales. We will also amend PACE Code A to place data collection within the legislative framework. This will include a breakdown of both suspicion-led and suspicionless searches, cross-referenced with protected characteristics such as age, sex and ethnicity”.—[Official Report, 28/3/23; col.131.]


The British public are rightly sick of the disruption that has been caused by a very selfish minority and expect the Government to act. That is what this Bill does, and it is time for it to become law.

Motion A agreed.

Code of Practice on the Recording and Retention of Personal Data in relation to Non-Crime Hate Incidents

Lord Sharpe of Epsom Excerpts

Wednesday 26th April 2023 Grand Committee

Moved by

[Lord Murray of Blidworth]

That the Grand Committee do consider the Code of Practice on the Recording and Retention of Personal Data in relation to Non-Crime Hate Incidents.

Relevant document: 35th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

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

My Lords, I begin by acknowledging that non-crime hate incidents have attracted a significant amount of controversy, particularly in this place, due to concerns relating to free speech. I am grateful to all those who expressed their views on this topic during the passage of the Police, Crime, Sentencing and Courts Act 2022. The Government fully understand the strength of feeling on this matter, both within this House and among the public more widely, which is precisely why we laid this code before Parliament on 13 March.

Let me first explain that the collection of non-crime hate incident information is a key legacy of the Macpherson inquiry into the murder of Stephen Lawrence. This information pertains to incidents which are not crimes and provides the police with the means to understand tensions within communities or cases involving particular individuals before they can escalate into serious harm. In this respect, this data is vital for helping the police build intelligence to understand where they must target resources to prevent serious crimes or harms which may later occur. 

This Government are absolutely clear that vulnerable individuals and communities must continue to be protected. However, non-crime hate incidents must never be used to inhibit lawful debate, and we must also be very careful about what information is kept on an individual’s record. This balance has unfortunately not always been struck, and this issue is precisely what the code is designed to address.

Free speech is a cornerstone of our democracy. This code addresses concerns that those who express views which some consider offensive but are not against the law are at risk of becoming the subject of a non- crime hate incident report, and that this may result in their personal data being stored on a policing record. It addresses those concerns by introducing new safeguards to ensure that personal data may be included in a non-crime hate incident record only if the event is clearly motivated by intentional hostility and where there is a real risk of escalation causing significant harm or a criminal offence.

To be recorded as a non-crime hate incident or NCHI, the police must judge that any perception of hostility is valid; the complaint must not be irrational, trivial or malicious. This will ensure that the police record NCHIs only when it is absolutely necessary and proportionate to do so, and not simply because someone is offended. The code also provides detailed guidance on freedom of expression. Clear case studies to illustrate how this fundamental right should be considered in practice by the police are also set out.

We are confident that the content of the code fully reflects the Court of Appeal’s judgment in the case of Harry Miller v College of Policing, which was handed down in December 2021. The court found that the recording of these incidents is lawful but must be subject to more robust safeguards to ensure that such recording is proportionate and protects free speech. As I have mentioned, this is exactly what the code provides. I particularly thank the National Police Chiefs’ Council, the College of Policing and senior police officers, who have engaged with Home Office officials throughout the drafting process to ensure that this code will work from an operational standpoint.

The College of Policing is also currently updating operational guidance for police on the recording of such incidents to ensure this guidance aligns with the new code. The college will also roll out the requisite training for police officers to ensure that the principles within the code are fully understood and embedded within everyday policing practice. This will ensure that the code is applied consistently by forces across England and Wales.

To reiterate, by taking these steps, we are protecting the vital changes that have been implemented by policing since the Stephen Lawrence inquiry. We continue to recognise the need to record intelligence that enables the police to intervene to prevent serious harms and future crimes, and we are determined to support the police in protecting the public. However, we have listened to the concerns raised in relation to the fact that this recording has at times gone too far, and we have acted on them. This code will better protect people’s fundamental right to freedom of expression, as well as their personal data, while still ensuring that vulnerable individuals and communities continue to be safeguarded. By bringing forward the code, we have also ensured that the process is subject to much-needed democratic scrutiny. With that, I commend the draft code to the Committee and beg to move.

Hate Crime

Lord Sharpe of Epsom Excerpts

Monday 24th April 2023 Lords Chamber

[Baroness Gohir]

To ask His Majesty’s Government what assessment they have made of the incidence of each of the five monitored strands of hate crime in respect of the sex of the (1) victims, and (2) perpetrators; and why annual hate crime data are not routinely disaggregated by sex when published.

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

My Lords, police-recorded hate crime data, published annually on GOV.UK by independent Home Office statisticians, are not routinely disaggregated by sex of victim or perpetrator. On 1 April, police forces started to identify and record any crimes of violence against the person, as well as sexual offences, that are deemed to be motivated by hostility towards the victim’s sex.

[Baroness Gohir (CB)]

I thank the noble Lord for his response. Will historical data be made available on the government website? Looking at the last 10 years of hate crime data, it has increased every single year. Between 2021 and 2022, it increased by 26%. What action are the Government taking to reduce hate crimes for all groups affected?

[Lord Sharpe of Epsom (Con)]

On the noble Baroness’s latter point, she is right: in the year ending March 2022, there was a 26% increase compared to the previous year. Although the latest data does indicate that increase, the most recent Crime Survey for England and Wales figures, which were published in 2020, indicate a downward trend in overall hate crime incidents over the past decade. It is felt that the biggest driver for the increase in police-reported crime is likely to be general improvements in the recording of the crime. The police are also better at identifying whether a crime is a hate crime, along with increased victim willingness to come forward. As regards the publication of the data that we are collecting as of 1 April, I cannot say for sure yet. It is for 2023/24. It is voluntary at the moment, but it will be part of the annual data requirement. The Home Office statisticians will make an independent judgment as to whether it is fit for publication or not.

[Lord Browne of Ladyton (Lab)]

My Lords, hate crimes have developed incrementally. First, they were targeted at racially motivated offences, before broadening into the five strands to which the noble Baroness’s Question alludes. So this should remind us that their current state is a snapshot in time. We must always review these things to extend further protections where they are necessary; that is how we got to where we presently are. So surely the routine disaggregation of annual data by sex would enable us to review whether there is a necessity of extended protections offered by hate crime laws to women and girls, in a way that is better informed than it apparently is at present?

[Lord Sharpe of Epsom (Con)]

The noble Lord raises a good point. Of course, the Law Commission did look into this—a subject to which I am sure I will return. But the recording for hate crimes in terms of the sex of the perpetrator is actually very complex. The Ministry of Justice holds court criminal data; the sex of perpetrators is published for all crimes prosecuted that are specified in legislation, including hate crime offences such as racially and religiously aggravated assault, as the noble Lord has suggested. But where a sentence uplift is used because there is evidence of a hate element in the offence, it will be recorded under the offence legislation, not the uplift. Therefore, the sex of the perpetrator, while published, is not always linked to hate crime. Consequently, the data is not a complete representation of all hate crime and will not provide an accurate picture of the sex of the perpetrators.

[Lord Singh of Wimbledon (CB)]

My Lords, would the Minister agree that the whole point of collecting statistics on so-called hate crime is to use them to determine remedial action? But we already know the causes and the action required. So-called hate crime is unacceptable behaviour, not only against the five listed strands, but also against the very tall, the very short, the thin, the fat, people with red hair—anyone seen to be different from a questionable norm. We do not need statistics to lay down norms of acceptable behaviour in schools, the police and wider society.

[Lord Sharpe of Epsom (Con)]

I entirely agree with the points that the noble Lord has made. I am not sure that was a question, but I entirely agree.

[Lord Hannan of Kingsclere (Con)]

My Lords, the hate crimes legislation seems to me to violate one of the general principles of common law, in that it defines crime subjectively: it defines crime as anything perceived to be a crime by the victim or by anyone else. Does my noble friend the Minister believe that the increase in reporting correlates exactly with an increase in actual crime? If it does, then what evidence is there that this legislation has been of value in combating discrimination and prejudice?

[Lord Sharpe of Epsom (Con)]

My noble friend asks an interesting question. I referred earlier to the Law Commission, which we asked to undertake a wide-ranging review into hate crime legislation. On the specific question, the Law Commission found that adding sex and gender to hate crime legislation could have made it more difficult to prosecute the most serious crimes that harm women and girls, including rape and domestic abuse. It would also treat sex unequally to other characteristics in scope of relevant hate crime laws, such as race or religion. So, while I cannot necessarily specifically answer my noble friend’s point, I would say that it is an incredibly complex area that needs very careful thought.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the Question from the noble Baroness, Lady Gohir, asked why hate crime statistics are not disaggregated by sex. But the question could equally be asked about why the data is not disaggregated by the age of the victim and the perpetrator. I well remember, when I sat on the pre-legislative scrutiny committee for the Domestic Abuse Bill, we had a lot of lobbying about violent acts against older people by younger people. Does the Minister agree that reporting the interaction of these characteristics, both sex and age, would allow resources to be better allocated for the victims and to prevent these types of crimes?

[Lord Sharpe of Epsom (Con)]

Again, the noble Lord raises an interesting point. He will be aware that age is not one of the five protected characteristics—as I get older, I am beginning to think that that is a mistake. I cannot answer his question in greater detail than that at the moment but I will certainly take it back to the department.

[Baroness Burt of Solihull (LD)]

My Lords, we await the Second Reading of the Protection from Sex-based Harassment in Public Bill, a Private Member’s Bill that, if it passes, will create an offence of causing intentional alarm and distress to a person in public because of their sex or presumed sex. Can the Minister tell the House when this Bill will be introduced and whether such an offence will be recorded as a hate crime?

[Lord Sharpe of Epsom (Con)]

I am afraid I am not sure when the Bill will be introduced. I am aware that the Government support that Bill, which was introduced by Greg Clark. I do not have the answer as to how the crimes will be recorded, but I will find out.

[Lord Dobbs (Con)]

My Lords, Saturday was the occasion of Stephen Lawrence Day. I pay tribute to the noble Baroness, Lady Lawrence, who is in her place, for all the dedicated work she has done to build on the memory of her son. What a pity that it should have coincided with the outbursts of Diane Abbott, which left me cold in our modern world. We have hate legislation. Does my noble friend really think that that legislation is effective? Is it really reducing the amount of hate in society, or is it encouraging us to concentrate on the wicked things that are going on rather than allowing us the opportunity to celebrate and build on all the many good things that are going on in terms of race relations in this country, of which the Stephen Lawrence Day Foundation is one?

[Lord Sharpe of Epsom (Con)]

I associate myself with my noble friend’s remarks about the noble Baroness, Lady Lawrence, and the work she has done in that area. As regards whether hate crime legislation increases, improves or takes away from the current situation, there are plenty of reasons why hate is present in society—you can start with Twitter and move on. I am not sure that the legislation makes an enormous difference to that, but it is something that will remain front and centre of public debate for many years.

Licensing Act 2003 (Coronation Licensing Hours) Order 2023

Lord Sharpe of Epsom Excerpts

Monday 24th April 2023 Lords Chamber

Moved by

[Lord Sharpe of Epsom]

That the draft Order laid before the House on 6 March be approved. Considered in Grand Committee on 19 April.

Motion agreed.

Chinese Police Stations in the UK

Lord Sharpe of Epsom Excerpts

Thursday 20th April 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, yesterday in the Times newspaper there was a report into a Chinese businessman with links to an alleged Chinese secret police station in Croydon. This report raises serious questions about national security. This businessman, who has attended Chinese Communist Party political conferences, has also attended organised Conservative Party fundraising dinners and other events involving former Conservative Prime Ministers. Although we have raised this issue here before, after police stations were reportedly uncovered in Hendon, Glasgow and Croydon, we have received no update. Meanwhile, operations in New York and the Netherlands have taken action against Chinese police operations, and the Canadian and German Governments have expressed concern about operations in their countries.

Here, we have to contend with the additional dimension that one individual who has been linked to an operation here has links with the Conservative Party and has met Ministers. We know that the director-general of MI5 has warned that Chinese authorities are attempting to exert influence over our political system. Can the Minister tell us the extent of the contact this individual has had with Ministers? What action are the Government taking to look into this role within the Conservative Party and the involvement he has had with the Government? Have any other individuals connected with these operations been identified, and are their similar concerns about them seeking to influence British politics?

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

My Lords, I share the noble Lord’s concern about this threat to our democracy, but as the Security Minister said in a previous Statement on this matter in November last year, investigations are still ongoing and it would be inappropriate for me to comment any further on operational matters, as to do so could obviously jeopardise future prosecutions.

However, I take this opportunity to reassure the House of the Government’s resolve to protect every community in this country from transnational repression. As regards the internal party aspects of this, it is my understanding—and if I am wrong, I will obviously come back to correct myself—that this individual was prominent in a particular Chinese organisation within the Cities of London and Westminster. Beyond that, I do not think he had any involvement or contact with Ministers, and, as all noble Lords around the House know, prominent politicians are featured in photographs with very many people, most of whom they will not know.

[Lord Wallace of Saltaire (LD)]

My Lords, I recognise that it is difficult to comment on this immediate case. Therefore, I raise some slightly wider questions. China is not the only authoritarian state which attempts to catch up with and influence its nationals here. We all recall the occasion when a member of the royal family of one of the Gulf states was taken off the streets in Cambridge and taken back to the Gulf states. Can the Minister assure us that other states and their behaviour in Britain—including some with whom we are relatively closely allied, such as the Gulf states—are also in scope and that the Government are concerned about that?

Secondly, universities have a particularly sensitive role here—I speak as a former academic. Last year, one vice-chancellor told me that his biggest single problem in maintaining free speech in his university was keeping the peace between his Hong Kong students and his Chinese mainland students. I put that down as a marker for further discussion. The Defending Democracy Taskforce was mentioned several times in discussion in the other place yesterday. I tried to find out exactly what it is covering, how far it is intended to have some cross-party representation and what its plans are. It is very difficult to find out whether it really exists, how often it meets, what it is doing and what its strategy is. At a later stage, could the Minister’s department communicate to some of us what the Defending Democracy Taskforce’s intentions are?

[Lord Sharpe of Epsom (Con)]

The noble Lord raises a couple of very good points. Obviously, any attempt to coerce, intimidate or illegally repatriate any individual will not be tolerated; it does not matter where they are from. The Higher Education (Freedom of Speech) Bill and the National Security Bill both contain provisions to ensure that universities have the tools they need to deal with interference and threats to academic freedom. The noble Lord is quite right to draw the House’s attention to the Defending Democracy Taskforce, which my right honourable friend the Security Minister introduced in the other House in November last year. He has been asked for updates; I have not seen him since those were asked for, but I will make sure that the representations from this House, as well as the other place, are understood. I can also commit that higher education falls within the remit and scope of the Defending Democracy Taskforce, so there will be more to be said on that matter. Noble Lords will also appreciate that there are a number of other areas, including, as I said, the National Security Bill, where we will tighten up our ability to respond to some of these issues.

[Lord Deben (Con)]

Does my noble friend accept that in a democracy, it is very important that Ministers and Members of Parliament are available to the public as a whole, and it would be a great sadness if this kind of allegation, proven or unproven, becomes a way to ensure that people are unable to reach to the heart of government, as they ought? I hope the Government will continue to state that those who are malefactors should of course be prosecuted with great urgency; but it is very important that those who merely wish to get people in government to understand what is happening in the world—frankly, it is not always obvious that the Government know that—should have access.

[Lord Sharpe of Epsom (Con)]

I agree with my noble friend. As I said earlier, it is very difficult for any prominent politician of any party, within or outside government, to know precisely who is appearing in a selfie with them. We should be very cognisant of that fact. I also agree that if subsequent bad behaviour, illegal behaviour, is discovered, whatever it may be, the full force of the law should be brought to bear.

[Lord Anderson of Swansea (Lab)]

My Lords, I concede that the investigation is at an early stage, but is it the Government’s working assumption that this phenomenon is not confined to Croydon and there are other such so-called police stations around the country—looking particularly, I would guess, at Chinese students in the UK?

[Lord Sharpe of Epsom (Con)]

My Lords, again, it is difficult for me to comment on ongoing matters, but the noble Lord on the Opposition Front Bench mentioned a couple of other police stations that have been aired in the public domain in the past, so yes, it is fair to say that there is more than just one.

[Lord Hannan of Kingsclere (Con)]

My Lords the advance of autocracy in China since 2012 has been vertiginous. We have seen the creation of a panopticon state where face recognition and location technology are fused to follow and monitor every citizen, and where big online platforms such as Alibaba, Weibo and Tencent both proselytise for the regime and spy on its behalf. Although we often talk of it as Orwellian, I think a better metaphor would come from Huxley, in the sense that even when Chinese students in western universities are put in a place where they do not have censors and firewalls to worry about, they still tend not to look at “dangerous” websites. Will my noble friend confirm that one thing we can do to promote democracy in China is to support the China where democracy and freedom have advanced, especially since the 1990s, namely, Taiwan: a China on the doorstep of red China which shares its language and culture but rejects its totalitarianism?

[Lord Sharpe of Epsom (Con)]

My noble friend asks a very good question. The UK’s long-standing policy on Taiwan has not changed: we have no diplomatic relations with Taiwan but a strong unofficial relationship which is based, as my noble friend said, on deep and growing ties in a wide range of areas and is certainly underpinned by shared democratic values.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, can the Minister give more details about the situation in Glasgow? Scottish universities are taking in students from China to raise income because there are no fees from Scottish students, and some strange people from China may be getting in under the guise of being students. The Scottish Government have a very strange contract with a Chinese company that is causing grave concern among the public in Scotland. The Scottish Government have been trying to take a greater role in foreign affairs, without the kind of support that the Home Office and Foreign Office have from our intelligence agencies. Can the Minister give an undertaking that the UK Government will talk to the appropriate Scottish Ministers about this issue and make sure that they are dealing with it efficiently and safely?

[Lord Sharpe of Epsom (Con)]

The noble Lord will appreciate, as I said before, that I am unable to comment on ongoing operational matters and investigations. I listened carefully to what he said, and rather than make that commitment regarding the devolved Administration myself, I will certainly ensure that my noble friend Lord Offord is aware of his concerns and suggest that he looks into them.

Machetes: Consultation

Lord Sharpe of Epsom Excerpts

Wednesday 19th April 2023 Lords Chamber

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

My Lords, I thank both noble Lords for their contributions. Before I answer the specific questions that have been asked of me, I would like to go back to the statistics, as the noble Lord, Lord Coaker, brought the subject up.

I will preface my remarks on statistics by saying that it is a very dry subject. It is uncomfortable, frankly, talking about statistics, because behind every single one there is a life lost, a life ruined, families ruined and all the rest of it. So I want to make it very clear that, while trends are improving—I am afraid I will contradict some of the noble Lord’s statistics—none the less I recognise that lives have been ruined, and that is very much the case behind all these statistics.

The latest police recorded crime figures, published by the ONS in January for the year ending September 2022, show that knife-enabled crime recorded by the police in that year remained 8% lower than the pre-coronavirus pandemic levels for the year ending March 2020. Levels of knife-enabled crime fell to 45,595 offences in the year ending September 2021 because of government restrictions on social contact. Levels increased by 11% in the year ending September 2022 but were still below pre-coronavirus levels.

Police-recorded possession of an article with a blade or point offences were higher in the year ending September 2022 than the year ending March 2020. There was a 17% increase compared with the year ending September 2021. That was partly influenced by increases in targeted police action to tackle knife crime.

Of all recorded homicides in the year ending September 2022, the proportion of homicides where a knife or sharp instrument was the method of killing was 39%. That was similar to the year ending March 2020 and a slight decrease compared with the year ending September 2021. The current homicide level is 8% below the pre-pandemic level. The latest ONS crime statistics showed a 2% rise in homicide in the year ending September 2022.

My right honourable friend the Minister for Policing in the other place pointed out that perhaps some of the most pertinent data relates to provisional admissions to NHS hospitals in England and Wales for the year to September 2022. It shows that admissions for assault by a sharp object for under-25s were 11% lower than the year to September 2021. The number of admissions was 20% lower in the year ending September 2022. The latest provisional data shows that admissions for assault with a sharp object for all ages are 5% lower.

As I say, I appreciate that these are very dry statistics. My right honourable friend in the other place also reported that the Crime Survey for England and Wales pointed out that violent crime reduced by 38% from 2010 up to September 2022. So I would suggest that it is not quite the picture that was painted. That is not to say that there is not more to do; that is the point of this consultation.

I agree with both noble Lords that obviously something needs to be done about these types of knives. The police tell us that they are increasingly seeing machetes on the streets, in particular the types of machetes that we intend to ban. Obviously, when particularly large knives and machetes are used, this creates great distress and alarm, not only for the victim but for the wider community. The people wielding these weapons aim to terrorise their victims and onlookers and clearly that cannot go on.

We are taking action on several fronts. Banning these machetes and knives will remove the types of weapons which appeal to the criminals. At the same time, we are increasing the maximum penalty for the offence of importing, selling and manufacturing these items. We want to send a very clear message that the industry should behave more responsibly.

Of course, it is important to balance concerns about public safety with the right for individuals to own and use the tools that they need for their jobs and pastimes. The vast majority of people who own and use knives and machetes do so responsibly, so we believe that the ban should be targeted at those types of machetes and large knives which appear to have been designed to look intimidating and which, frankly, have no practical purpose. We will remove types of weapons which will appeal to criminals.

That is the background to the consultation, which, as noble Lords know, will be of relatively brief duration. It will last for seven weeks until 6 June.

On the other actions that the Government have taken, it is unfair to say that nothing has been done despite various former Home Secretaries’ statements. I will go through a list of some of the things that are yielding very positive results. For example, we have talked previously in this House about violence reduction units and Grip; £170 million has been invested in violence reduction units since 2019, and it estimated that they have prevented 136,000 offences taking place in the 20 pilot areas. Noble Lords will be aware, I hope, that serious violence reduction orders are being piloted as of yesterday. The pilot for KCPOs—knife crime prevention orders—concluded at the end of March. The data is being evaluated by the Metropolitan Police and, I believe, University College London, and we expect to hear more fairly soon.

Both noble Lords raised the subject of police numbers. The official announcement on the police uplift programme will be made next week and I am not going to pre-empt it. What I can say, and my right honourable friend in the other place also mentioned this, is that, for example, the Metropolitan Police currently has 35,000 members and that is the largest number on record that it has ever had.

While we are on the subject of the Metropolitan Police, I appreciate the points that the noble Baroness raised about neighbourhood policing. They are perfectly pertinent. Of course, it remains an operational matter and something that should be determined between chief constables and their elected police and crime commissioners. My right honourable friend in the other place has had conversations with the commissioner, Sir Mark Rowley, about this, and he has said that he intends to place emphasis on neighbourhood policing. Again, my right honourable friend in the other place spent some time with a sergeant in Brixton, in Lambeth, and he confirmed that the number of neighbourhood policing units across the three wards he looked after had gone up already. I hope that that trend continues across other forces, because clearly it makes a major difference.

As regards the retail of such things, as noble Lords have pointed out, currently there is a voluntary agreement with major retailers on the responsible sale of knives, and that has been in place since 2016. I will not go into more detail on that because it is reasonably well understood. I am reassured that the Online Safety Bill that was discussed in this House earlier today deals with some of the online issues. Again, I appreciate that, as it stands, some of these things are readily available online. But it is an offence to sell a prohibited article. That applies particularly to the age-verification and under-18s situation. I appreciate it is probably very difficult for retailers to reassure themselves about these matters, but it needs to happen.

With regard to other aspects of the Government’s work, a significant amount of money is going into the youth endowment fund. Stop and search, a subject of some contention in your Lordships’ House, has removed 90,000 knives since 2019. The Met reports that it is removing some 350 to 400 knives a month. We are starting the offensive weapons homicide reviews. I agree that there are loopholes and they need to be closed. That is the point of this consultation. We need to act reasonably swiftly, although in a proportionate way, to remove these things. That is why the consultation is taking place as it is and is only seven weeks in duration, and I hope that I will be able to return to your Lordships’ House reasonably soon with some very good news on this subject.

House adjourned 8.12 pm.

Licensing Act 2003 (Coronation Licensing Hours) Order 2023

Lord Sharpe of Epsom Excerpts

Wednesday 19th April 2023 Grand Committee

Moved by

[Lord Sharpe of Epsom]

That the Grand Committee do consider the Licensing Act 2003 (Coronation Licensing Hours) Order 2023.

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

My Lords, I am before the Committee today to propose the extension of licensing hours in recognition of His Majesty the King’s Coronation. I ask your Lordships to support the order to extend licensing hours on Friday 5 May, Saturday 6 May and Sunday 7 May.

Section 172 of the Licensing Act 2003 allows the Secretary of State to make an order relaxing opening hours for licensed premises to mark occasions of

“exceptional international, national, or local significance”.

The Government consider the Coronation to be such an occasion. This will be a period in which we celebrate our new monarch. I am sure many people will want to gather with their family and friends to raise a glass to His Majesty the King and wish him a long and successful reign.

The extension will apply to premises licences and club premises certificates in England and Wales, which license the sale of alcohol for consumption on the premises. These premises will be allowed to remain open until 1 am without having to notify the licensing authority via a temporary event notice, as would usually be the case. The order covers only sales for consumption on the premises after 11 pm. It does not cover premises which sell alcohol only for consumption off the premises, such as off-licences and supermarkets.

Premises that are licensed to provide regulated entertainment will be able to do so until 1 am on the nights covered by the order, even where those premises are not licensed to sell alcohol. This includes, for example, venues holding music events or dances as well as theatres and cinemas. Premises which provide late-night refreshment —the supply of hot food or hot drinks to the public—between 11 pm and 5 am but do not sell alcohol for consumption on the premises will not be covered by the order; such premises will be able to provide late-night refreshment until 1 am only if their existing licence already permits this.

The Home Office conducted a public consultation, which ran from 19 December 2022 to 23 January 2023. The majority of respondents agreed with the extension on the three proposed dates and that it should apply to England and Wales. The consultation also received responses from numerous trade organisations, which were supportive of the extension of licensing hours. The National Police Chiefs’ Council and the Local Government Association were both in agreement with the proposed extension to licensing hours for His Majesty the King’s Coronation.

I would therefore greatly welcome the Committee’s support for this measure to help celebrate a special and historic moment in our national history. I commend the draft order to the Committee. Mine’s a pint, God save the King and I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I warmly welcome this order. This is a very appropriate opportunity to raise a glass in the way that my noble friend suggested. We looked very closely at the issuing of licences under the original ad hoc committee on the Licensing Act 2003 and the follow-up inquiry and continue to take a close interest in that.

I am not suggesting that it should be extended, but what is the thinking behind applying the extension to three days only and not to the bank holiday Monday?

If I have understood correctly, the fee has been kept at £21. That is very welcome, as it is mindful of the constraints under which the licensed premises operate. One reason why this is an excellent idea is to recognise what a hard time our hospitality sector has had coming out of Covid.

I think all of us look forward to supporting the industry in this way to the best of our ability—within moderation, obviously.

--- Later in debate ---

[Lord Coaker (Lab)]

My Lords, we too support these sensible measures. The Minister was right in his helpful opening comments to say that the Government are seeking to help people support a hugely significant national event. We warmly welcome the proposals that the Government have brought forward and thank the Minister for them.

On the consultation, I take the general point about health and alcohol, but on this specific occasion the key for me was to look at what the Local Government Association and the National Police Chiefs’ Council said. My understanding, from looking at the Explanatory Memorandum, is that both those organisations were in favour. I take the more general point that the noble Lord made, but on this specific proposal for the weekend of celebration, this is one of those occasions when we can perhaps understand the health risks but allow people to celebrate.

I have a couple of points. First, can the Minister clarify the position of village halls? You can imagine a circumstance where, in a rural village, somebody decides that the village hall would be a good place to have a celebration. I know village halls that just apply to the local authority and off it goes. Are they covered, or will they need an alcohol licence to not be excluded? I am not sure that some of the village halls and community centres often used on special occasions would have the necessary licences, so can the Minister clarify that point?

Secondly, this applies to England and Wales, but can the Minister say something about Scotland and Northern Ireland, particularly with reference to the border? There are other points about that, but I will leave it to the Minister to comment on what has happened with that.

Having said that, we warmly welcome this very good thing to do to celebrate a significant and historic occasion.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank noble Lords very much for taking part in this brief debate. I am greatly reassured by the broad consensus that His Majesty the King’s Coronation is an occasion of national significance for the purposes of Section 172 of the Licensing Act 2003.

I join my noble friend Lady McIntosh in welcoming a measure that ought to provide some relief to an industry which has been very hard-pressed over the last few years, and I hope that the industry is in a position to make the most of it.

On the points raised by the noble Lord, Lord Rennard, I do not have much input in the design of consultations. However, I have heard his points and I will certainly take them back with a view to come back to the issue in more detail in future consultations—there is not much point in raking over the dust on this one.

I think that the noble Lord, Lord Coaker, answered the question of why the order falls within the responsibility of the Home Office, as opposed to the Department of Health, rather better than I probably will. This is very much a subject of interest to the police and local government. It is obviously a relatively short extension and therefore the public order considerations are probably rather more paramount under these special circumstances than the health ones—which is not in any way to diminish the longer-term health effects that we all know that alcohol can have.

On the question from the noble Lord, Lord Coaker, on village halls, I reiterate that the order allows regulated entertainment to continue from 11 pm on Friday, Saturday and Sunday until 1 am the following morning only where a premises licence is already in place.

My noble friend Lady McIntosh asked why Monday is not included. I expect that she will be out until 1 am on the Sunday, so I am amazed—and impressed, if I may say—by her resilience in wanting to get out back on the lash on the Monday. Of course, the following day is a workday, so I look forward to seeing her bright and breezy on the Tuesday morning.

I turn to Northern Ireland and Scotland. In the case of Northern Ireland, this is a devolved issue, and, as I understand it, the Northern Irish Government have chosen not to pursue it. In Scotland, this is matter for local councils to decide. In answer to the question as to whether police forces were consulted, I can say that individual forces were not, but the National Police Chiefs’ Council was, and, as I stated in my opening remarks, it is content with the arrangements as they sit. I really cannot say whether or not the process with local councils in Scotland has concluded, but it is a local matter.

With that, I commend the order to the Committee.

Motion agreed.

Hong Kong Military Veterans: Settlement

Lord Sharpe of Epsom Excerpts

Wednesday 29th March 2023 Lords Chamber

[Lord Craig of Radley]

To ask His Majesty’s Government, further to the Written Answer by Lord Murray of Blidworth on 22 January (HL4546), when they will decide whether to grant Hong Kong military service veterans entitlement to British citizens passports and right of abode in the United Kingdom.

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

My Lords, I am pleased to confirm that, from this autumn, eligible Hong Kong veterans and family members will be able to apply for settlement. Settlement allows people to live and work in the United Kingdom without restriction. They would then be able to apply to naturalise as British citizens after living in the UK for five years.

I hope your Lordships will indulge me in a slightly longer Answer than usual, because I would like to pay tribute to the noble and gallant Lord, Lord Craig, and my honourable friend Andrew Rosindell MP, for ensuring that Parliament rightly debated what support should be granted to Hong Kong veterans and for holding us to account on progressing to a reasonable solution. I also pay tribute to Mr Roger Ching and the Hong Kong Military Service Corps Association for their campaigning on this issue. I express my gratitude to every Hong Kong veteran who has served in the British Armed Forces, and I am delighted that this announcement recognises their service.

[Lord Craig of Radley (CB)]

My Lords, I thank the Minister for that announcement. Veterans of the Hong Kong Military Service Corps are watching live at this very moment. Does the Minister recall that this issue was first raised in January 1986, over 37 years ago? It would fit in the Guinness book of records as one of the slow-lane bureaucracies of this House. Will the Home Office now respond to the 63 applications that I forwarded on behalf of the Hong Kong Military Service Corps in March 2020? If a new form is required, when will it be available for new applications?

[Lord Sharpe of Epsom (Con)]

I thank the noble and gallant Lord. Of course, in 1997, 50,000 heads of household and their families were granted British citizenship. That number included all commissioned officers in the Hong Kong Military Service Corps and all but 100 commissioned officers, as well as 500 of other ranks, serving with the Royal Navy. I was under the impression that the noble and gallant Lord had written 64 letters; I believe they were asking for right of abode. All applications for citizenship or visas need to be made to UK Visas and Immigration through the relevant form. That form will be available in the autumn, via GOV.UK.

[Lord Geddes (Con)]

My Lords, far be it for me to trump the noble and gallant Lord, but is my noble friend aware that, over 40 years ago, on Report for the British Nationality Bill in 1981, the nomenclature for those relevant was changed to “British Dependent Territories citizen” after 100 amendments were accepted by the Government? Did this not presage today’s excellent announcement?

[Lord Sharpe of Epsom (Con)]

I was not aware of that, but I am delighted that my noble friend was so successful in his campaign all those years ago, and it is certainly worth remembering now.

[Baroness Smith of Newnham (LD)]

My Lords, when these issues were first raised, I was still at school. Why has it taken His Majesty’s Government so long to do right by the Hong Kong veterans? In the light of the Statement made yesterday by the right honourable Johnny Mercer about the Afghan refugees, will the Minister commit to the idea that those who have worked shoulder to shoulder with the United Kingdom in Afghanistan, putting their lives at risk, will not be kept waiting for 37 years for us to do right by them?

[Lord Sharpe of Epsom (Con)]

My Lords, the Hong Kong Military Service Corps Association has been running this campaign since 2012. Of course, the noble Baroness’s party was part of the Government for part of that time.

On ARAP, we are continuing to support the movement of eligible people out of Afghanistan and into the safety of third countries ahead of onward movement to the UK. That work is ongoing. There are currently just over 1,150 cases in third countries, of which a significant proportion are in Pakistan, being looked after by the British high commission in Islamabad. I very much hope that that fact, and the lack of availability of appropriate housing, are taken into account during the debates on forthcoming Bills.

[Lord Lancaster of Kimbolton (Con)]

My Lords, it is right that we should congratulate those who have driven this forward. It is nearly 35 years since my noble friend and I served together in Hong Kong, he as an inspector in the Royal Hong Kong Police and I as an officer in the Queen’s Gurkha Engineers. We served with these volunteers, and I am delighted by today’s news.

To answer the noble Baroness’s question on why this is finally being done today, the drive of my noble friend has pushed it through. The House should congratulate him on making sure that it has happened. I ask my noble friend one further question: how many are we anticipating will apply, and can we ensure that it is done as quickly as possible?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for those warm words. He is quite right: we met 35 years ago in a small place called Tsim Bei Tsui. Luckily, we have aged so well that we recognised each other immediately.

The estimated number is difficult to arrive at because records were not particularly well kept back in those days. However, the Hong Kong Military Service Corps Association estimates about 1,000 people, which includes dependants. As I said, forms will be available in the autumn. To forestall muttering of “Why so long?”, I am afraid that it is because the necessary changes to the Immigration Rules have to be made first before this can be put into action. Applications will need to be made online at GOV.UK.

[Lord Coaker (Lab)]

My Lords, I join the Government and others in welcoming the statement that the Minister has made today. I congratulate the noble and gallant Lord, Lord Craig, and I join the noble Lord, Lord Lancaster, in pointing out that I know how much this means to the Minister, from his experience. He deserves a lot of congratulation on this. As we go forward, will the Government ensure that we can have clarity in the statement around terms such as “eligibility” and “families”?

[Lord Sharpe of Epsom (Con)]

I thank the noble Lord very much for his warm words. I guarantee that we will commit to providing the clarity he seeks in due course.

[Lord Bellingham (Con)]

My Lords, is it also fitting, 41 years on, that we honour those 50 or so Hong Kong veterans who fought in the Falklands War?

[Lord Sharpe of Epsom (Con)]

My noble friend makes a very good point. Yes, absolutely.

[Lord Hay of Ballyore (DUP)]

My Lords, I will raise an issue that I think was raised when I was at school too. Does the Home Office have any plans to address the long-standing issue that exists whereby UK residents, voters and taxpayers born in the Irish Republic who have lived for many years in Northern Ireland and made it their home do not have an automatic right to a British passport without going through a long and winding process, including paying a substantial fee of £1,300? This was first raised in the other House in 1985. The Government seem reluctant to deal with this issue.

[Lord Sharpe of Epsom (Con)]

My Lords, obviously, this goes widely beyond the remit of the Question, so I am afraid that I am unable to answer the noble Lord, but I will make sure that he is written to.

[Lord Harris of Haringey (Lab)]

My Lords, obviously, this is a very welcome announcement. I note what the Minister said about the number of potential applications. We understand why the forms will not be available until the autumn but he also said that the records are not in a very good state. Is he able to say how long the average application will take? Will the Home Office set performance indicators? Will those be reported to this House?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I am unable to give precise details on that but the noble Lord should rest assured that I shall be keeping a watchful eye.

[Lord Flight (Con)]

My Lords, the support for this measure by this House is particularly welcome and encouraging. Soldiers from Hong Kong are different from others in many ways. They have risked their lives to fight for this country for well over 100 years. I too congratulate the Minister on having organised what has been announced.

[Lord Sharpe of Epsom (Con)]

I thank my noble friend very much for that.

[Lord West of Spithead (Lab)]

My Lords, there is no doubt that these people from Hong Kong have fought for us for many years. I had a Chinese laundryman onboard my ship that was sunk in the Falklands. I was very worried that he had lost all his money and everything, with the ship being sunk. If noble Lords will excuse my phraseology, he had stuffed all his cash in a prophylactic that he had stuffed in his belt. I said, “That was very clever of you”. He said, “No, sir, I learned from my father. He was sunk in the Royal Navy in the Second World War”.

[Lord Sharpe of Epsom (Con)]

Once again this proves the industriousness of the people of Hong Kong.

[Lord Davies of Brixton (Lab)]

My Lords, clearly, this is welcome news. Can the Minister say anything about the pensions that these veterans will receive? I should declare an interest: I have advised the Gurkhas on their arrangements and I am aware of the problems there. Will the pensions be commensurate with these veterans’ new situation?

[Lord Sharpe of Epsom (Con)]

My Lords, that strays into another department’s area of responsibility, but I will look into it.

Anti-social Behaviour Action Plan

Lord Sharpe of Epsom Excerpts

Wednesday 29th March 2023 Lords Chamber

[Lord German (LD)]

My Lords, we on these Benches agree with restorative justice, but we have to test this plan against what makes good restorative justice. We know that anti-social behaviour is distressing in communities, and that it leads to a loss of respect for communities. I have a sort of déjà vu, because we saw an experiment of this kind during the Blair Government and I think that this plan has missed some of the lessons learned from that. For a restorative justice system and scheme to be successful, we must recognise that it is complex, expensive and difficult, and it must meet the ambitions of a truly restorative justice programme, which has to include things such as catching the culprits, getting the community view, providing the equipment, providing appropriately qualified supervision and, crucially, incentivising success. It must act not just as a deterrent but as an opportunity.

I will examine some of those issues and question the Minister on them. Catching the culprits requires a shift in policing methodology. It means that we have proper community policing. This is at a time when the number of PCSOs has dramatically declined right across the country, and this is just the sort of job they should be doing. The Government have so far failed to meet their target of 20,000 more police officers, and effective community policing means putting officers on our streets who are both visible and trusted. Beyond that, it means providing the necessary equipment and supervision; think of items to remove graffiti, sacks for the separation of litter and appropriate disposal operations, painting equipment, et cetera.

An experience I saw first hand in the 2000s was the danger of getting larger groups of people to do the same sort of work. I well remember seeing a group of people with hi-vis jackets, doing all the things that are in this plan, painting some railings outside a community hall. There was a minibus full of them, with one person supervising at one end and another person, who was supposed to be painting, on his phone at the other end. It was unclear what support they were getting to ensure that they were doing the job. If you are going to bring the people who are making these acts together, you must make sure they are few enough to be managed well and by the right people.

We think that making nitrous oxide illegal just will not work, especially when it goes against the advice of the Government’s own drugs body. It will hand profit and control to serious criminals. There is a danger here of perhaps confusing the mess that people make when taking this gas with its usage. One of the obvious questions I have to ask the Minister is this: we all know about children, adults as well, and party balloons—the child holds the string, lets go and asks dad for another one, please. These balloons are used on a huge number of occasions all around the country, so we can imagine their purchase becoming a source of usage as well. Is this a case of a perverse incentive or is the Minister going to tell us that children’s balloons will be banned?

I will spend a short moment looking at the costs of a proper restorative justice system and at the way these figures are laid out in the action plan. To look at the extra that is being done—the change from yesterday to today, if you like—we have to look at the sections in the plan headed

“How we will go further”.

I looked at the amounts in the plan and the figures include £50 million on immediate justice measures. How many extra PCSOs, police and supervisors will that money provide? Is that £50 million part of the cost of providing the extra police that is already in the plan to reach the target of 20,000? Is this additional or part of an existing plan?

The £60 million for hotspot enforcement is obviously very welcome, but will it reach the whole country, given where these hotspots are at the moment? If one views the map given in the plan, one sees that it requires a huge effort to spread this right across the country. When will the best practice guides on how they will be operating be published?

Not a penny of extra support for rough sleeping is mentioned. This country dealt with this matter during Covid and had to spend quite a bit of money to make it work, but there is not a single penny of extra money mentioned in that area. Some £2.5 million is given to improve our high streets and £1 million to improve local activities across England and Wales. That is for the full rollout of measures in the next year or so, so the amounts of money given do not seem to fulfil the plan’s aspirations. Can the Minister explain how that money provides sufficient resource for a whole-country rollout, when so much of what is being done already applies to small, discrete areas dotted around the country?

I am drawn to the conclusion that this plan gives the impression of not having all the tools necessary to do the job properly. I am afraid that the Government have put the headline and the soundbite before the true benefits that a well-resourced restorative justice plan can provide.

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

My Lords, I thank the noble Lords, Lord Ponsonby and Lord German, for their remarks. Since taking up office, the Prime Minister has been clear that the people’s priorities are his priorities. That is why, in delivering on his five promises, he is determined to build stronger communities and create a better future for people across the country.

For too long, anti-social behaviour has blighted our neighbourhoods, making people’s lives a misery and stopping businesses and individuals from flourishing. As the noble Lord, Lord Ponsonby, said, this is not just low-level or petty crime, or kids being kids; it is an attack on the very heart of our communities. It threatens people’s sense of safety and security and, as the noble Lord rightly observed, it is a source of anxiety to many members of the public. That is why we have launched this plan to crack down on anti-social behaviour: to restore people’s confidence that these crimes will be quickly and visibly punished. That means treating it with the urgency it deserves.

I will answer as many of the questions as I can. As ever, if I miss any, I will commit to write, having read Hansard properly. We are on track and on time in recruiting 20,000 additional police officers by March 2023. All the funding within this program is additional to that uplift. Assuming we are successful, that will take us to over 148,000 officers across England and Wales. That will be the highest number of officers on record.

Since 2019, the Government have invested over £3 billion, including additional funding each year, and that rolled into government grants to recruit and support the additional 20,000 officers. We are providing police and crime commissioners with £22 million next year, and £90 million in 2024-25, to support an enhanced response to areas most affected by anti-social behaviour and to roll out immediate justice pilots.

However, as the action plan sets out, local authorities and other local agencies will also have a key role to play. We expect local partners to work together to deliver a multiagency approach to tackling anti-social behaviour and delivering the proposals set out in the action plan. I feel I should remind noble Lords that operational policing is a matter for chief constables, and they set operational priorities in their local areas in association and consultation with the police and crime commissioners. Questions about local policing are obviously better directed to those people who are locally accountable.

This plan is backed by over £160 million of funding. Up to £60 million will fund increased police and other uniformed presence to clamp down on this behaviour, including targeting the hotspots, as referred to by the noble Lord, Lord German. Although he did not ask me, I reassure him that this will not impinge on any of the spending that currently goes into the pilot areas for things such as violence reduction units and GRIPs. This method of policing has been proven to work in other areas, and we expect success from the hotspot areas that we will pilot. The intention is for it to go to 10 police force areas.

I move on to the subject of immediate justice. We are planning on investing £50 million to support the provision of immediate justice by issuing out-of-court disposals with conditions to swiftly repair any damage. The aim will be for them to start within 48 hours of the offence. This will start in 10 initial trail-blazer police force areas and be rolled out nationally in 2024.

I heard what the noble Lord, Lord German, had to say on the subject of making this efficient. The Government are aware of all of his concerns. There is no denying that the delivery of this program will be complex, but it is definitely worth doing. It is aimed at diverting offenders away from the criminal justice system and will make them undertake practical, reparative activity to make good the loss or damage sustained by victims. It will be rolled out to all police force areas in 2024-25. The focus will be on reparative activity, but that may be undertaken alongside rehabilitative and restorative services that foster connection with the local community, and educational interventions. It will apply primarily to adults and young people in receipt of conditional cautions for ASB-related offences under the out-of-court disposal framework. I am quite sure that all noble Lords will agree that keeping people out of the criminal justice system as far as possible is a desirable outcome.

The noble Lord, Lord German, asked about banning nitrous oxide and pointed out that, in its recent report, the ACMD did not recommend that we criminalise this. That is true, but we take the broader context into account. There are health concerns with young people using nitrous oxide. As I said at the Dispatch Box a couple of weeks ago, it was an offence under the Psychoactive Substances Act to supply knowing that it would be used for these purposes. This gives the police the opportunity to confiscate or take possession of the drugs. I do not think that there is a particular intention to criminalise the lots of young people who use it. I reassure the noble Lord that his balloons will not be banned—there will be exceptions for legitimate users. We talked about some of those the other week, and they include medical, dental and apparently whipped cream producers—which amused me at the time but did not seem to amuse the House. Everybody should be reassured that this is the right thing to do. I note that the only other country to have criminalised this so far is Holland. The Dutch did so because they discovered that it was having a fairly significant impact on drug-driving. There are good reasons for doing what the Government have chosen to do, despite the advice—which I might add did not say that we should not do it—of the ACMD.

There was a good deal of discussion about youth services, and I will go into a little more detail on some of the things that we are doing. As part of the national youth guarantee, we will invest over £500 million to provide high-quality local youth services so that, by 2025, every young person will have access to regular clubs and activities, adventures away from home and opportunities to volunteer. That directly reflects young people’s priorities, and includes up to 300 new and refurbished youth spaces delivered through the Youth Investment Fund. We are also giving councils the resources they need to deliver important local services, with an additional £3.7 billion, which will not be ring-fenced, made available for things such as youth services. I could say more on this subject, and I am sure that I will be asked more on it.

Finally, the noble Lord, Lord German, asked me about the fact that he could not find any funding dedicated to rough sleeping and high streets. As I said in my opening remarks, this is a multiagency approach and there are many ways to tackle these problems. The high street in particular, and things such as the empty dwellings Act and the tenant Act, do not really require vast amounts of investment; they just require some new thinking, and that is what the Government are doing.

[Lord Ponsonby of Shulbrede (Lab)]

Before the noble Lord sits down, I have a question. When he talked about out-of-court disposals, which we approve of in principle, he used three words: reparative, rehabilitative and restorative. Traditionally, those three things are managed by probation, YOTs, charities or NGOs. On the reparative activity in particular, which, from what the Minister said, is hoped to be done within 48 hours, who will manage that part of the process? It is different from what that group of agencies does at the moment.

[Lord Sharpe of Epsom (Con)]

The noble Lord asks a very good question. I note that none of those three words is easy to pronounce, particularly not at the Dispatch Box. As I said in my answer about the high streets and so on, it is a multiagency approach. A number of different agencies will be involved on a case-by-case basis. It depends on the circumstances of the case. It may be that there are opportunities for drug referrals or maybe other things. I cannot be more specific at this point, but I am sure I will be able to update him in due course on the more precise details.

[Lord Young of Cookham (Con)]

My Lords, like other noble Lords I welcome the Statement, but does my noble friend recognise that there is a connection between absence from school and anti-social behaviour? The figures for the last 12 months indicate that 27% of secondary school children were persistently absent—the “ghost children” we have been reading about recently. As part of the multiagency plan that my noble friend referred to, will he be in touch with the DfE to ensure that more is done to promote school attendance and thereby reduce the risk of children coming into contact with the judicial system?

[Lord Sharpe of Epsom (Con)]

My noble friend raises a very good point. I have read some of the articles about the so-called ghost children with similar alarm and concern. I have spoken to the Department for Education about this; it has asked me to stress that it is worried about these stories as well. Without being an expert on this, I can say that there are three strands to its work. The Secretary of State regularly attends an attendance alliance. I am afraid that I cannot give much more detail about it because I do not know much more about it, but it is very good that the Secretary of State is taking this as seriously as I have been told. Local registers are being set up. They are voluntary. The intention is to collect data on the estimates from local authorities as to how many children are “ghost status”, if you will. We are also using certain specialists that exist in multi-academy trusts. Apparently they are very good at collecting some of this data on missing children and they are advising in areas where there seems to be a particular problem. If I can enhance that answer in any way over the coming days, I will certainly do so.

[The Lord Bishop of Derby]

My Lords, I declare my interest as vice-chair of the Children’s Society. I read the Anti-Social Behaviour Action Plan with real interest. Criminalising young people through tackling anti-social behaviour is counterproductive, not least given the pressures on the criminal justice system. I am therefore pleased to see a focus on preventive work with at-risk and vulnerable children with expanded funding for youth offending teams, for example. Can the Minister commit to look again at a definition of child criminal exploitation that recognises the abuse and manipulation of vulnerable children, which catches them up into what can become quite horrific spirals of crime? Such a definition would offer them greater protection.

[Lord Sharpe of Epsom (Con)]

I take what the right reverend Prelate says very seriously. She raised very interesting points. She will appreciate that it is above my pay grade to commit to look at definitions and so on, but I will certainly take that back and make sure that discussions are advanced on the subject.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I declare my position as a vice-president of the Local Government Association. Paragraph 71 of the Anti-Social Behaviour Action Plan refers to the youth investment fund, which it says is

“investing over £300 million in … new and refurbished facilities”.

Can the Minister confirm a report this afternoon from Civil Society that said that the Department for Culture, Media and Sport has, given the “challenging financial climate”, just given £31 million of what was previously a £380 million capital fund for this programme back to the Treasury? This programme was announced as a £500 million plan in 2019 by the then Chancellor, Sajid Javid. Can the Minister confirm that this is indeed a cut in the provision for this capital programme? Further, can the Minister comment on the fact that local authority spending on youth clubs in 2020-21 was £379 million—a 74% real cut over the previous decade? How will the Government be able to deliver on this plan without youth clubs, which are an important way of involving young people and children in communities, giving them a place to go and a route towards the future?

[Lord Sharpe of Epsom (Con)]

I can neither confirm nor deny the first part of the noble Baroness’s question because I have not seen the report, so I do not have detailed knowledge of the situation to which she refers. I go back to my answer in my initial remarks, which is that 1 million extra hours of youth services are planned under this programme. We will invest over £500 million to provide high-quality local youth services so that, by 2025, every young person will have access to regular clubs and activities, adventures away from home and opportunities to volunteer—the sort of life-enriching stuff that we would probably all take for granted. I hope they make the most of those opportunities.

[Baroness Bennett of Manor Castle (GP)]

My Lords, on a different subject, the Statement refers to cracking down on illegal drugs. This would seem to be entirely going against the advice of the National Police Chiefs’ Council, which in December was recommending the extension nationwide of its very successful schemes piloted in Durham and Thames Valley where, instead of prosecuting users of hard drugs such as heroin, cocaine and ecstasy, users were offered access to addiction services. At that time, when the Government were talking about being harsher on drug users, the Association of Directors of Public Health wrote to the Government to protest at the plan to criminalise the vulnerable and double down on a failed model. Has the war on drugs not clearly failed over decades? Why are the Government not taking advice from experts and the police on the direction of travel on how to deal with what is clearly a huge blight on the lives of individuals and on communities?

[Lord Sharpe of Epsom (Con)]

My Lords, it sounds to me as if the noble Baroness is asking whether we should decriminalise or go in that direction. We have no plans to do so. Our approach on drugs remains clear. We must prevent drug use in our community, support people through treatment and recovery and tackle the supply of illegal drugs. There is a substantial body of scientific and medical evidence to show that controlled drugs are harmful and can damage people’s mental and physical health and our wider communities. The decriminalisation of drugs in the UK would not eliminate the crime committed by the illicit trade, nor would it address the harms associated with drug dependence or the misery it can cause. Of course we take the plight of addicts seriously, and I do not think anything in this anti-social behaviour plan will make life harder for them. The point is to go after the anti-social behaviour; it is about the behaviour, not their plight.