Illegal Migration Bill

Lord Touhig Excerpts

Report stage
Monday 3rd July 2023 Lords Chamber

This should be a short-term issue. The boats will soon be gone, due to the weather, or, as my noble friend the Minister hopes, the implementation of the Bill. Surely, it is better for the Home Office to resource properly the local authorities dealing with these children arriving from the date of their arrival and for them to have parental responsibility, rather than to fall through any of the three cracks that I have identified. My noble friend the Minister assures us that these children will be accommodated only for a short term, but his words are not the law; it is the Bill that will become the law. I hope that I encourage the noble and learned Baroness by saying that I reserve the right to come back at Third Reading on this matter, particularly bearing in mind the case in the High Court that took place during Committee which clarified the law that local authorities are still under their duties under Section 17 of the Children Act.

[Lord Touhig (Lab)]

My Lords, I do not want to detain your Lordships for many minutes and will not do so, but I will speak in support of Amendment 87. It will probably not be pushed to a vote, but, if it were, it would help us to regain our self-respect as a nation that cares about the plight of unaccompanied migrant children.

When I spoke in Committee on 5 June, I highlighted the fact that 4,500 unaccompanied migrant children have been placed in Home Office-run hotels and not in the care of a local authority, as prescribed by Section 20 of the Children Act 1989. Some 200 of those children have gone missing. A whistleblower working at the hotel in Brighton said that he believed that they have just disappeared. Perhaps they were trafficked—who knows?—but they have not been found. Some of the children are as young as 10; they are put into hotels, unaccompanied and unsupervised, at the age of 10.

I pressed the Minister in Committee—as I did before and after—to explain which Act of Parliament allows the Government to place these children in the care of the Home Office and not local authorities. In his reply, he did not directly answer my question, but what he said is important:

“The present position will change when this Bill passes”.—[Official Report, 5/6/23; col. 1174.]


I am not trying to put the Minister on the spot—he has enough woes trying to take through this awful piece of legislation—but, from his answer, I must deduce that the Government are acting unlawfully. They know that they are acting unlawfully and that they are not properly caring for these unaccompanied migrant children. All children arriving in this country should surely be afforded the rights under the Children Act 1989. Let us ask ourselves: who among us, if, God forbid, it was one of our children facing this perilous situation, would not want them to be properly cared for?

[The Lord Bishop of Durham]

My Lords, I declare my interests as laid out in the register. I will speak to Amendment 89, and I am grateful to my noble friends from differing Benches—the noble Lords, Lord Coaker and Lord German, and the noble Baroness, Lady Helic—for their support. It is a damning indictment that an amendment of this nature is even required, as it proposes such a basic safeguard to ensure the well-being of unaccompanied children. It requires that, if a child is to be transferred from local authority child protection systems, a justification should be provided as to why it is in their best interests to be looked after by the Home Office rather than the local authority.

It is reasonable that councils should not be mandated to follow a child transfer direction, regardless of any safeguarding or protection concerns. If the Government are unwilling to accept this point, can the Minister say how they will enable the appropriate scrutiny of a decision to move a child out of the formal child protection system and ensure the highest level of safeguarding consideration? These questions deserve full and detailed answers, since the Bill does not set any standards, safeguards or protective obligations for the Home Office when providing accommodation for children. It is even more pertinent given the Home Office’s own record on accommodating unaccompanied children.

The Minister was pleased to share, during the passage of the Bill, that no children are currently accommodated in hotels, but let us not forget that this does not mean that all unaccompanied children are therefore in the care of local authorities. Up to April this year, 186 children remained missing, and it should keep us all up at night, including Ministers, when we think about whose care those children may now be under.

Regardless of the power that the Bill gives to the Government to accommodate children, two things remain true—both of which have already been explained well. First, the Children Act applies to all children, regardless of nationality, ethnicity or immigration status, and therefore any child under the care of the Home Office should have access to the same level of care and protection as any other child in need. Secondly, as recent legal judgments have shown, the Home Office does not have the expertise, knowledge or experience to look after children.

Therefore, it is only right and just that the power to remove a child from the well-established care system should be exercised only when a child’s well-being will be served by doing so—I suspect that that would be very rare. I share the fear of the Children’s Commissioner that accommodating children outside of foster families or children’s homes will be harmful and unsafe; we have no evidence to the contrary. Fundamentally, the care of children is, first and foremost, not an immigration matter, and safeguarding cannot be allowed to be a casualty in pursuit of the objectives of the Bill. Thus, I also support Amendment 87, for all the reasons already laid out. Neither amendment should be regarded as controversial, as, frankly, a child’s life, security and future are too important for them to become collateral damage. Therefore, I support Amendment 87 and intend to test the opinion of the House on Amendment 89.

Illegal Migration Bill

Lord Touhig Excerpts

Committee stage
Monday 5th June 2023 Lords Chamber

Clause 3(7) empowers the Home Secretary to provide for other exceptions to be made by regulations, but this is only for exceptions to Clause 2(1). All in all, even if allowed to remain in the United Kingdom while a child, unaccompanied children will live in the knowledge that on their 18th birthday they will be subject to removal, regardless of their protection needs or the life they may have built in the UK. That also means that the skills that those children will have learned in this country will never be available to this country in their future or in the future of this country.

[Lord Touhig (Lab)]

My Lords, I had not intended to speak in this debate when I came into the Chamber this afternoon, but I heard the opening remarks of the noble Baroness, Lady Meacher—a powerful beginning to this debate—who spoke about the accommodation provided now for unaccompanied migrant children. I was further motivated to take part having listened to the speech of the noble Lord, Lord Alton, in which he referred to these same matters.

Since 2021, 4,500 unaccompanied migrant children have been placed in hotels, some as young as 10. Some 200 have gone missing and have not been found. In Britain, when a child goes missing, does it not affect all of us? Is it not the first item on the nine o’clock news and on the front page of every newspaper? However, 200 of these children have gone missing and have not been found again. A recent whistleblower who worked at the Home Office-run hotel in Brighton highlighted the harm that he saw these children facing. He said they were being picked up in the streets, presumably by traffickers, and have not been found again. He said that there were reports that the children had been subjected to emotional abuse and degrading treatment by the staff in the hotels.

Section 20 of the Children Act 1989 gives local authorities—and them alone—statutory protection powers for children. I have been asking for some time by what power the Government put these children in hotels, ignoring Section 20, and what Act of Parliament gives them that power. I have asked a number of Oral Questions and four or five Written Questions. In my latest one I asked His Majesty’s Government

“under which legal provision the Home Office has assumed child protection powers for unaccompanied migrant children”.

The Minister did me the courtesy of replying:

“We expect local authorities to meet their statutory obligations to children from the date they arrive in the UK. The best place for these young people is and will remain within a local authority care placement”.


On that, we are in total agreement. He went on:

“The Home Office is not currently in the position of corporate parent to any unaccompanied child”.


My question is simple. By what Act of Parliament—by what power—do the Government ignore Section 20, place these vulnerable children in hotels and leave them? Two hundred have gone missing. Shame on us.

[Lord Scriven (LD)]

My Lords, I want to show the importance of impact assessments. This goes back slightly to the discussion we were having under the last group of amendments, because only one impact assessment for the Bill has been delivered: the equality impact assessment, which talks about age. That is why I support many amendments in this grouping, particularly those in the name of the noble Baroness, Lady Meacher.

Once you read the equality impact assessment, it starts giving you a real indication of what the Government’s thinking is for putting children—whether unaccompanied or with families—into this Bill and the impact they believe it is going to have. The first issue, they say, is that it is not direct discrimination against these young people; they call it indirect discrimination. It is quite direct when you are not allowed to stay in the country; it is quite direct when you are going to be detained at the will of the Home Secretary; and it seems quite direct that when you get to the age of 18 you are going to be told to go, never come back and never claim British citizenship. That does not seem like indirect discrimination; it seems very direct.

The equality impact assessment says:

“Any differential impact on these age groups is the result of a person’s conduct and is justified and proportionate in order to achieve the legitimate aims of controlling migration and reducing crime”.


The aim of putting children in is to cut not just migration but crime, which is quite interesting, because on 27 April I asked a Written Question:

“To ask His Majesty's Government, for each police force in each of the last two years, how many crimes were committed by people who arrived by small boat crossings; and for each police force, what percentage of total crimes committed that figure represents”.


Based on the Government’s equality impact assessment, they will have those figures, because it is going to reduce crime. The answer I got from the noble Lord, Lord Sharpe of Epsom, was:

“The Home Office collects and publishes information on the number of crimes recorded by the police in England and Wales. This information can be accessed here: https://www.gov.uk/government/statistics/police-recorded-crime-open-data-tables. The Home Office does not hold information on perpetrators of crime who have arrived by small boat crossings”.


There is no evidence. I ask the Minister: what evidence do the Government have that including children, either accompanied or unaccompanied, will reduce the crime rate in the UK and by what percentage? It is in their equality impact assessment, so surely the Government have figures for that, otherwise it is just untrue—it is absolutely false.

The great and fascinating thing about this equality impact assessment is that it says: “The Department’s view”—not its evidence or empirical studies, but its “view”—

“is that the Bill should”—

not will but “should”—

“have a deterrent effect which can”—

not will or must, but “can”—

“result in fewer unaccompanied children arriving in the UK by dangerous and unlawful means”.

That is a nice sentence. There is no evidence; there is no study; there are no figures. It is a statement. I did some research, and I am very pleased that the Refugee and Migrant Children’s Consortium has also done some, because the only significant research I can see was done in 2018 by the UNHCR, which was called Destination Anywhere. It was a review on the reasons why unaccompanied children choose the UK. I use the word “choose” inadvertently. The evidence does not support the Government’s assumption—this equality impact assessment is an assumption, not fact, as the words show—that an effective ban on asylum claims for children will stop children travelling regularly to the UK.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

The noble Baroness is always a powerful advocate but, in this instance, these provisions are already clear. As I have said, and for the reasons that I have explained, there is no need, in those limited circumstances, for further exploration in the Bill. As I have said, these are things that we can explore, and doubtless will return to in other parts of the Bill, but for the moment I am afraid there is no need for further additions in relation to those areas.

[Lord Touhig (Lab)]

In 28 years of service in this House and the other place, I have never had more difficulty in getting an answer to a question.

The Minister has responded several times, and I spoke about it earlier this afternoon. He confirms that local authorities alone have the statutory power to look after these unaccompanied migrant children. He confirms in a Written Answer that the Home Office does not have corporate parent responsibility. So can he tell us which Act of Parliament the Home Office is using to detain these children and put them into these hotels, or—I always say never assume but I am going to break my rule—are we to assume that the Government know they are acting unlawfully?

[Lord Murray of Blidworth (Con)]

I must apologise to the noble Lord for not addressing that point in my remarks; I did mean to do so. It is a topic that the House has canvassed in Oral Questions on a number of occasions, particularly, as I seem to remember, in the winter of last year.

The present position will change when this Bill passes. As the noble Lord will have seen, there are provisions in the Bill relating to the transfer of responsibility for children, which set out the responsibility in the context of unaccompanied children. If the noble Lord looks, for example, at Clause 16, he will see that it concerns

“The power to transfer children from Secretary of State to local authority and vice versa”.


The present position arose as a result of the way in which the emergency in the channel has come about. As I said in my Answer, which was very fairly read out by the noble Lord, the clear position is that the responsibility should be for the local authorities, save for the circumstances described in Clauses 15 to 20.

Migrants: Housing

Lord Touhig Excerpts

Wednesday 3rd May 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I thank the noble Lord for his question. I reassure him that I have followed closely the debates in the other place, and in my speeches to the House at Second Reading I will extensively cover the questions raised by my right honourable friend the Member for Maidenhead, and address the broader questions in relation to modern slavery. It is not for me to explain the diary arrangements of the Home Secretary, but I can confirm to the noble Lord that the Home Office takes very seriously its engagement obligations with committees of the House.

[Lord Touhig (Lab)]

My Lords, since 2021, 4,500 unaccompanied migrant children, some as young as 10, have been placed in hotels, and more than 200 have gone missing and have not been found. In March, when I asked the Minister if the Home Office had sought legal advice as to whether it had the powers to do this, he declined to answer me. Section 20 of the Children Act 1989 gives local authorities alone statutory power for child protection—that includes unaccompanied migrant children. Can the Minister say which Act of Parliament has allowed the Home Office to set this one aside?

[Lord Murray of Blidworth (Con)]

There has been no intention to set aside any provision of the Children Act. As the noble Lord will have seen on his careful reading of the Illegal Migration Bill, there are provisions set out that deal with the transfer of responsibility for children and the approach to be taken to unaccompanied asylum-seeking children who arrive after 7 March of this year.

Children Seeking Asylum: Safeguarding

Lord Touhig Excerpts

Monday 23rd January 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I can assure the noble Baroness that the Home Office takes very seriously the safeguarding of the young people who are in the hotels. Their safety and well-being are our primary concern. As I have already said, we have no power to detain them; however, children’s movements in and out hotels are monitored and recorded. They are also accompanied by support workers when attending organised activities and social excursions off site, or where specific vulnerabilities are identified.

When a young person goes missing, the missing persons protocol is followed, led by our directly engaged social workers. We have a protocol called “missing after reasonable steps”, which enables children’s homes and supported accommodation placements to have more ownership over the missing episodes of children in their care. It is a set of forms that helps with safeguarding, planning and prevention prior to a child being reported missing; it also encourages lines of inquiry, as is expected of a person with responsibility for that child. When used correctly, similar protocols in police forces have safely reduced the number of missing episodes from placements by 36%.

[Lord Touhig (Lab)]

My Lords, as I speak at this minute, thousands of unaccompanied asylum-seeking children across Europe are suffering. They are being abused and trafficked. They are self-harming; indeed, as a report from the Council of Europe, which I took part in, showed, a number have taken their own lives. These refugee children not only need our protection; they are entitled to it. Can the Minister say whether he agrees with that and whether this issue will be at the core of the Government’s approach to looking after them?

[Lord Murray of Blidworth (Con)]

I can assure the noble Lord that, as I have already said, the safeguarding and welfare of these children are among the department’s top priorities.

Police, Crime, Sentencing and Courts Bill

Lord Touhig Excerpts

Lords Hansard - part two & Committee stage
Monday 22nd November 2021 Lords Chamber

[Lord Touhig (Lab)]

My Lords, that was one of the most powerful statements I have heard in this House, coming from someone who knows what it is like to suffer. It is a horrible tragedy that the Amess family have suffered. I echo the noble Baroness who introduced the amendment in saying that our thoughts and prayers are with them tonight, and for the repose of Sir David’s soul.

I was not sure that I could add much to this debate, but I gave it some thought and would like to share some personal observations. Thinking about the amendment, I recalled the singing of the hymn, “Abide With Me”. I have heard it sung twice recently: first, when I tuned into a vigil mass celebrated by Canon Pat Browne, the Roman Catholic priest in Parliament, on the eve of Armistice Day, and, again, when I watched the Festival of Remembrance at the Albert Hall on television. What kept coming into my mind was a line in that hymn:

“Hold Thou Thy cross before my closing eyes.”

Those words express what I believe many people of the Christian faith hope for at the end of life. They emphasise how important it is to receive spiritual comfort.

For Catholics like me, the last rites are an important and spiritual passage, a sacrament, an opportunity for reflection on past failings and for seeking forgiveness and reconciliation. I bear witness from within my own family of the peace experienced by loved ones when they were supported in their faith by a priest administering the last rites.

People of faith, whether Jews, Muslims, Christians or indeed of any other faith belief, desire the spiritual support that their faith can give them at the end of life. More widely, I think that many of my friends who have no faith would always wish to be surrounded by family and friends at the end of that life. Let us ask ourselves: who among us would not hope to leave this life comforted by family and friends or, as in the case promoted in this amendment, by a priest?

I strongly agree with the noble Baroness, Lady Stowell, who made it clear that this is a probing amendment and the matter does not require legislation. Rather, it requires a little bit of common sense, perhaps education, training and research, so that the blue-light services, especially the police, recognise this matter and treat a request such as the one that has prompted the tabling of this amendment in a way that will allow a minister of religion to be with a dying person at the end.

[Lord Paddick (LD)]

My Lords, I thank the noble Baroness, Lady Stowell of Beeston, for bringing this amendment to the Committee, particularly in such a selfless way in that she said that she was neither a Catholic nor particularly religious. Seeing the arrival of Sir David Amess’s body at the House this evening was very moving, and our thoughts are with his family. I thank the noble Baroness for saying that she was not second-guessing the police officers at the scene of that terrible tragedy, but, as she said, there was a local priest who was not allowed to give the last rites.

The right reverend Prelate the Bishop of Leeds gave a very moving and sensitive speech, and I agree with much of what he said. I should declare an interest both as a Christian but not a Roman Catholic and as a police officer who served for more than 30 years. Religious faith is important to people, but so is bringing offenders to justice, particularly those responsible for offences where fatal injuries or injuries expected to be fatal are inflicted. The contribution of the noble Baroness, Lady Newlove, was extremely powerful in giving first-hand experience of that tension between the need to preserve evidence in order to convict those responsible and wanting to address the needs of the dying person and their family.

Securing forensic evidence is often vital to the identification and prosecution of offenders, as in the case of Sir David Amess. I agree that there needs to be a meeting of police and religious leaders—not just Roman Catholics—to ensure that both sides understand the needs of the other. Police officers should have a real understanding of the religious needs of people and the religious leaders should understand the needs of the police in these circumstances. As I said this afternoon in Oral Questions, surely there must be a role for government in bringing these two sides together, in facilitating this understanding and in ensuring that, after this understanding has been reached, operational police officers share it and know how to respond in these very difficult situations.

Interestingly, in groups of amendments that are to come, I refer to the valuable lessons from Northern Ireland to which I do not think we are paying enough attention. I am grateful to the noble Baroness, Lady O’Loan, for her remarks.

United Kingdom Resettlement Scheme

Lord Touhig Excerpts

Wednesday 3rd March 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I am very glad that the noble Baroness recognises the extent of our efforts to resettle people who need our protection. She is right to point out that not many resettled last year, but of course we had, and continue to have, a global pandemic. To move people, unless absolutely vital, was not advisable at that time. However, it is vital that we continue to provide those safe and legal routes for people in need of our protection. Refugee resettlement will continue to be a core safe and legal route for those vulnerable people.

[Lord Touhig (Lab) [V]]

Across Europe, hundreds—perhaps thousands—of unaccompanied young refugees are suffering. They are being abused and trafficked, are self-harming and some have taken their own lives. In January 2020, the Parliamentary Assembly of the Council of Europe, which Winston Churchill helped found and of which we remain leading members, called for each member state to appoint a parliamentary commissioner to oversee the work of caring for refugee migrant children. What has been the Government’s response?

[Baroness Williams of Trafford (Con)]

The noble Lord will know that we have left the European Union—[Interruption.] I will get to that if noble Lords do not interject. Our commitment is to resettle people from around the world who need our protection. It has been difficult to achieve resettlement in the last few months, but our commitment is not dimmed despite the pandemic hindering some of our efforts.

Disabled Children: Online and Verbal Abuse

Lord Touhig Excerpts

Wednesday 18th October 2017 Lords Chamber

[Baroness Williams of Trafford]

I do not agree with the noble Baroness in the sense that reporting has hugely increased. In fact, only this morning I was at the National Black Police Officers Association talking about the very subject of hate crime and getting diversity into the workforce. I disagree about police numbers because the police have the resources that they need to concentrate on the priorities they think are important, and they hold huge reserves.

[Lord Touhig (Lab)]

My Lords, police data on disability hate crime does not discriminate between offences against people with learning difficulties and autism and all other disabilities, yet research shows that more than 70% of people with learning disabilities and autism experience hate crime. Does the Minister agree that we need to record these offences differently if we are to combat them effectively?

[Baroness Williams of Trafford]

I am aware that disability hate crime is not disaggregated in terms of autism and learning difficulties. Faith hate crime is disaggregated in certain police forces. I know that Greater Manchester Police disaggregates faith-related hate crime. I will take that back, but no matter that the police do not disaggregate it, we absolutely need to deal with it with full force because it is utterly unacceptable.

Anti-social Behaviour, Crime and Policing Bill

Lord Touhig Excerpts

Tuesday 29th October 2013 Lords Chamber

[Lord Touhig (Lab)]

My Lords, I join other noble Lords in welcoming the noble Lord, Lord Paddick, to the House. I found his contribution amusing, interesting and informative and echo the hope of my noble friend Lady Kennedy of The Shaws that he will become a critical scrutiniser of the legislation that the Government put before your Lordships’ House.

When a person is remanded in custody or sent to prison, there is no requirement for courts to identify children or dependent adults who an individual in those circumstances may leave behind. Nor is there an obligation to consider what arrangements, if any, have been made for their care—a point made by my noble friend Lord Judd.

Through the Bill, we have the opportunity to rectify that failure and help to protect those who are often put in extremely vulnerable positions when their parent or carer is sent to prison. The Families Left Behind campaign, which is supported by Action for Prisoners’ Families, the Prisoner Advice and Care Trust and the NSPCC, wants that changed, and I believe that it is right. There should be a duty on courts to ask about dependants and caring arrangements at the point that a custodial sentence is passed or bail refused. The courts can then make a referral to the relevant local authority if a child or vulnerable adult appears to be left at risk. That is a sensible measure that will identify and assist those without immediate care before they reach crisis point, and I hope that it will receive support from all sides of the House.

The scale of this issue is far from negligible. An estimated 200,000 children in England and Wales experience the imprisonment of a parent every year. Although many will have appropriate arrangements in place, the consequences for those who do not may be disastrous. The charities supporting this campaign are only too familiar with the plight of children left in the care of people who are unprepared, unwilling or unable to provide the support that they need.

One example is that of Yvonne. When she was sent to prison, her seven year-old son was left with her friends. It gradually transpired that he was not being properly cared for and was regularly left alone in their house at night while they went out to parties. They also prevented him visiting or phoning his mother. The immense anxiety experienced by both mother and child is an outrageously unjust punishment caused simply by a small and easily remedied oversight in existing legislation. Ultimately, after more than nine months, Yvonne’s son was taken into care, but throughout that nine-month period he was consistently neglected and isolated from his mother.

That is just one distressing example of an entirely needless situation that currently exists. In some cases, children have been left alone or passed to other adults without the parent’s knowledge, and it has taken hours or even days to establish their whereabouts. On Brenda’s first night in custody she was not even aware of her child's whereabouts. Her support worker had to contact four different local authorities before eventually discovering that her daughter had been hospitalised. That is a horrific situation for any parent to be in, compounded by the trauma of imprisonment. Similarly, older or disabled people are put at risk under the current system.

There is no official estimate of how many offenders provide care to a friend or family member prior to their imprisonment, but the figure could realistically run into the thousands, considering that the current prison population stands at about 84,000 and approximately one in eight of Britain’s adult population has caring responsibilities.

When a carer does not return from court, even a short interruption to the support that they normally provide can have a significant impact. That is especially so when it involves help with medication or preparing meals. Identifying caring responsibilities at the point when bail is refused or a custodial sentence is passed should therefore be of the utmost importance.

Beyond the very clear moral case, there is also a strong economic argument for early intervention if people are left in a precarious situation when their parent or carer is sent to prison. If a child’s safety is put at risk, necessitating police involvement, or if a vulnerable adult is left without care and their health deteriorates as a result, the cost invariably falls upon the public purse. Yet many such situations could realistically be averted by requiring courts to make a straightforward inquiry about dependants and an appropriate referral if necessary. Early intervention is always best for those concerned and invariably the most cost-efficient measure. It would not require any new or extra services; it would simply help to ensure that those needing support are recognised at the earliest opportunity and signposted towards the assistance that they are entitled to.

It is a key principle of our criminal justice system that innocent people are not punished for the actions of others. In another case brought to my attention, that of a woman named Hope, I discovered just how the current gap in legislation sees entirely innocent people punished for others’ misdemeanours. On Hope’s imprisonment the burden of care for her six children fell on the shoulders of her 19 year-old son. The burdens unfairly placed on this young man meant that he struggled to access services to which the family were entitled, and eventually an acquaintance started demanding money from him. Regardless of the circumstances surrounding an offender’s imprisonment, we should take every step possible to mitigate the impact on their dependants and never leave anyone without a decent standard of care.

Of course, I do not expect an immediate response from the Minister today but I invite the Government to examine the merits of this argument and perhaps bring forward amendments in Committee to guarantee that in these situations children, older people and those with disabilities receive the support they need and deserve.

North Wales Abuse Allegations

Lord Touhig Excerpts

Tuesday 6th November 2012 Lords Chamber

[Lord Taylor of Holbeach]

My noble friend is absolutely right. A multi-agency approach is the way in which this issue needs to be addressed across government. She quite rightly points to the fact that different aspects of government are able to assist in this process. It is certainly the Government’s objective to have a cross-departmental, cross-agency approach in order to make sure that the information that we have gained through these unfortunate events, and the public attention which has been drawn to the exposure of the Jimmy Savile case, can be properly addressed so that we can create a better place for young people in this country.

[Lord Touhig]

My Lords, I apologise to the Minister and the House. I had to absent myself from the Chamber for the first couple of minutes of the Minister’s Statement, but I did hear it in full in the other place. I have one question for the Minister. Clwyd County Council carried out an inquiry and produced its own report which was never made public, for legal reasons I believe. Can the Minister tell us whether the new inquiry will have access to examine this report?

[Lord Taylor of Holbeach]

I am sure that any new inquiry will have access to all relevant papers, including that original report.

Police and Crime Commissioner Elections (Welsh Forms) Order 2012

Lord Touhig Excerpts

Monday 29th October 2012 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, the House will know that on 15 November the people of England and Wales will go to the polls to elect their first police and crime commissioners.

The Police Reform and Social Responsibility Act 2011 sets out the basic rules for the elections, and the detailed rules, forms and notices can be found, in English, in the Police and Crime Commissioner (Elections) Order 2012. The Government are, of course, committed to ensuring that the Welsh language is given full parity with English in Wales, so have brought this further order to establish a bilingual ballot paper for use in Wales on 15 November. Our commitment to ensuring that the Welsh language is given equal status with English in these elections is shown by the fact that we have established Welsh names for the four offices of PCCs in Wales formally. We are also ensuring that our candidate website in Wales is also in Welsh, with a website address in Welsh too.

Should they wish, police and crime commissioners on election will be able to take their oath in Welsh. I can assure noble Lords that all other forms and notices for the election can be issued bilingually without an order. These suggested forms are available on the Electoral Commission website. However, ballot papers require an order and I am sure that all noble Lords will join me in supporting the need for these forms to be available bilingually. I beg to move.

[Lord Touhig]

My Lords, what a complete shambles this has become. We are less than 48 hours away from the deadline of five o’clock on Wednesday when the first ballot papers in both languages should be sent out to postal voters. Until we conclude our business this evening, there is no authority to use ballot papers in both languages. This is further evidence of the lack of interest that this Government show to Wales, her people and the Welsh language. The Electoral Commission points out in its helpful briefing for this debate:

“Welsh language legislation requires that in Wales the Welsh language is treated no less favourably than the English language”.

We are barely two weeks away from the first election for the police and crime commissioners and until this order is agreed there will be no bilingual ballot papers available. Some of us are sceptical about the whole idea of police and crime commissioners, coming at a time of the difficult economic situation in our country. Many of us question spending £75 million on this election. On top of that, I see in an Answer given to my right honourable friend David Hanson, the Member for Delyn in the other place, a further £350,000 has been spent on printing ballot papers in English only in case this order is not made in time. With the passing of this order allowing for the use of bilingual ballot papers, the English-only ballot papers, which have already been printed, will be thrown away. That means that £350,000 will have been spent on creating waste paper.

I share the Electoral Commission’s view that rules relating to any elections should be clear at least six months before the election. The commission has already told the Government of its concerns and about the unacceptable lateness of the Welsh ballot forms order that we are now considering. Indeed, in a letter of 28 September from Jenny Watson, the chair of the Electoral Commission to the Minister, Damian Green, she said:

“No draft legislation vital to the conduct of an upcoming election should be made only 16 days prior to polling day after candidate nominations have opened. In this case, the legislation is likely to be made only just before postal votes are dispatched, with the result that there will be significantly increased costs for the public purse”.