Rural Crime

Lord Wigley Excerpts

Thursday 9th May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My noble friend made a couple of very good points. First, the Equipment Theft (Prevention) Act 2023 was given Royal Assent in July last year. Secondary legislation is needed before it comes into force and work has begun on the necessary regulations, with a view to hearing debates in Parliament in this Session. As noble Lords will be aware, there has been some progress on equipment theft; in fact, there was a story this morning in the Daily Telegraph and commendations go to Kent and Thames Valley Police for having arrested seven people relating to a hoard of over 1,000 suspected stolen items. It is not really my place to comment on sentencing, but I do think that significant progress is being made.

[Lord Wigley (PC)]

My Lords, will either the Minister or those in his department have a specific meeting with the newly re-elected police commissioner for Dyfed Powys, Dafydd Llywelyn, who represents one of the most rural areas in the whole of England and Wales? There have been specific crimes in that area that need investigation and possibly increased powers to deal with them. Will he give such a commitment?

[Lord Sharpe of Epsom (Con)]

I would of course be very happy to meet the said gentleman. Let me go into the details of the National Rural Crime Unit a little. It was established in January 2023, with a grant of £300,000. It is working and was set up with a significant input from the National Farmers’ Union, as noble Lords will be aware. The unit has made a real difference; Farmers Weekly reported on 25 April:

“They have absolutely changed the playing field in terms of policing”.


So the first port of call should be to superintendent Andrew Huddleston in that unit, which is doing great work.

School Trips to the United Kingdom

Lord Wigley Excerpts

Monday 19th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

Clearly, once the electronic travel authorisation scheme is in place, holders of EU passports will be able to apply for permission to travel to the UK, which will last for a period of three years. Similarly, our own British musicians will be able to apply for an ETIAS under the European scheme, which will enable them to travel for the requisite period. As to the particular details in relation to assistance for musicians, I am afraid that I do not have the answer to hand; I will look into that and write to the noble Viscount.

[Lord Wigley (PC)]

My Lords, the Minister will be aware that education in Wales is a fully devolved subject, and the Welsh Government are very keen indeed to have exchanges in both ways with European countries. However, the border control is not devolved. Can the Minister give an assurance to the House that the Home Office and associated departments in charge of border control liaise positively with devolved Governments to maximise the extent to which pupils can come and go between us and Europe?

[Lord Murray of Blidworth (Con)]

Clearly, the reforms in relation to school groups arriving in the UK were taken as a result of our international change of status, but of course it is important that central government works with the devolved institutions in this sort of area. I agree with him in that respect, and I am sure that work is ongoing, although I do not have the facts at my fingertips.

Homes for Ukraine Scheme

Lord Wigley Excerpts

Monday 28th March 2022 Lords Chamber

[Lord Harrington of Watford (Con)]

If noble Lords will bear with me, we will be able to give those numbers in the next few days. I reiterate that it is my intention and that of the Home Secretary to make the visa process as rapid as possible, and literally all my time at the moment is spent trying to deliver that.

[Lord Wigley (PC)]

I draw to the Minister’s attention the experience of a Ukrainian refugee known to me who, on Monday of last week, went to a UK embassy in a central European state to make a visa application. They were told they did not deal with them on Mondays, only on Wednesdays and to come back then. Is that a reflection of the urgency the UK Government are giving to this matter?

[Lord Harrington of Watford (Con)]

I ask the noble Lord to give me the details of that person—that is unacceptable and there is no visa centre to my knowledge that would say, “We don’t do it on Mondays, we do it on Wednesdays”. We have broken such things as the European working time directive with permissions of Governments to get embassies, such as in Warsaw, open seven days a week. It is certainly not our intention to stop people with excuses like that. I would be grateful for that example.

Ukraine: Urgent Refugee Applications

Lord Wigley Excerpts

Wednesday 9th March 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

First, I pay tribute to my noble friend’s son, who has opened up his heart and accommodation to Ukrainians. As for welcoming with open arms rather than bureaucracy, I have looked at the figures for the VACs where Ukrainian refugees are fleeing to. By and large, they are in Poland. In Calais, there have been one or two instances where people are not who they say they are, so it is important not only to keep them safe but also to make sure that we are giving refuge to those we want to give refuge to.

[Lord Wigley (PC)]

My Lords, the noble Baroness will be aware of the offers made by the Governments of both Scotland and Wales to take in refugees, reflecting the overwhelming good will among people throughout these islands who want to help in these matters. Is the announcement at Question Time this morning by the Prime Minister, concerning the new responsibilities for the Minister for Levelling Up, an indication that the Government may be rethinking this matter?

[Baroness Williams of Trafford (Con)]

I heard not much of the noble Lord’s question, but I am guessing that it concerned the appointment of my very dear friend Richard Harrington as Minister for Refugees. I know him well and he will be a superb appointment.

Child Trafficking

Lord Wigley Excerpts

Monday 16th November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I assure the noble Lord that we have a very big heart indeed; 81% of decisions on asylum claims from unaccompanied children resulted in a grant of some form of leave, 75% of which were grants of asylum or humanitarian protection. The article to which he refers is slightly misleading, in that many of the children who come to this country get leave under asylum grants.

[Lord Wigley (PC) [V]]

My Lords, can the Minister publish and place in the Library a copy of the analysis that she has just given? She indicated that the situation is very different from the figure of 28 to which the noble Lord, Lord Roberts, referred. Given the Prime Minister’s announcement last week that he wished to see a kinder, gentler, more inclusive approach by his Government, would this not be the right place to start? With Christmas coming, can the Government not give some good news to these children?

[Baroness Williams of Trafford (Con)]

I hope that I have explained that the broader context shows this country to be incredibly generous. The FoI might be looked at again to provide that broader context analysis. I am sure that it will be placed in the Library for noble Lords to see.

Istanbul Convention

Lord Wigley Excerpts

Wednesday 12th July 2017 Lords Chamber

[Baroness Williams of Trafford]

It certainly has not been put on the back burner because of Brexit. Why would it be? This Government are very committed— as we have been since the days of the coalition Government—to tackling domestic violence and abuse. That consultation is ongoing. It was very good to hear the other day from noble Lords across the Chamber what we could do to improve some of the measures through the Bill.

[Lord Wigley (PC)]

My Lords, has the Minister read last week’s report by the joint inspectorate of the police and the prosecution service on stalking, which stated that victims’ complaints were routinely not investigated or dismissed through the device of issuing a police information notice? If the Istanbul convention was ratified, surely these deplorable practices would be overcome and victims would be better safeguarded.

[Baroness Williams of Trafford]

The Police and Crime Act increases the sentences for stalking thanks to the noble Baroness, Lady Royall, who is not in the Chamber and who brought that matter to the attention of the House. I agree with what the noble Lord said about the report. It was certainly brought to my attention the other day in terms of training the police. We are looking into that.

Child Refugees

Lord Wigley Excerpts

Thursday 29th June 2017 Lords Chamber

[Baroness Williams of Trafford]

My Lords, if children are being teargassed, that is very regrettable and I will certainly follow up the point made by the noble and learned Baroness because we would not want that to be happening. Obviously the latter point is a matter for Northern Ireland and we are grateful for any resettlement activity which takes place there. Some 440 people have been resettled in Northern Ireland under the Syrian vulnerable persons resettlement programme. Clearly that is voluntary but we would welcome anything in addition to it.

[Lord Wigley (PC)]

My Lords, recalling the answer that the noble Baroness gave me before the election and bearing in mind that some of the most vulnerable of these children are those with physical or learning disabilities, can she indicate whether any children in this category have been welcomed here so far?

[Baroness Williams of Trafford]

The noble Lord has raised an important question, and in fact I think that the noble Lord, Lord Dubs, mentioned it the other day in his speech in response to the Queen’s Speech. I should like to state categorically that there are no restrictions on children with mental health or physical disabilities from coming here. The category is obviously that of children who are vulnerable and in need of our protection and we would not in any way exclude those with mental or physical disabilities. What might be a restriction, and I will look into this for the noble Lord, is where a local authority does not have the capacity to take such a child. However, we would not discriminate against any child on the grounds of mental or physical disability.

Child Refugees

Lord Wigley Excerpts

Thursday 27th April 2017 Lords Chamber

[Lord Wigley (PC)]

My Lords, the Minister will be aware of reports last week in the context of child refugees that an assumption was being made that, if such a child was disabled, they would be debarred because they would be regarded as too burdensome. Will she take the opportunity to deny with all possible strength that that could be the Government’s policy?

[Baroness Williams of Trafford]

My Lords, it would never be the Government’s policy—I do not think any Government’s policy—to disfranchise a disabled child because they were too burdensome. A child would be assessed under the criteria of either Dubs, Dublin or the vulnerable children’s resettlement scheme. No child would ever be disenfranchised because they were disabled. I can very strongly confirm that.

Brexit: EU Nationals’ Right to Remain

Lord Wigley Excerpts

Wednesday 11th January 2017 Lords Chamber

[Baroness Williams of Trafford]

My noble friend is absolutely right about the importance of the financial sector to the UK economy. We have the largest financial sector in the world. The Prime Minister will lay out those plans in due course as we exit the European Union.

[Lord Wigley (PC)]

My Lords, is the Minister aware that there are key workers in the health sector already looking for jobs because of the uncertainty, fearful that 12 or 18 months down the road there will be tremendous competition with people looking back to their home countries for jobs? Will she do everything she can to end that uncertainty?

[Baroness Williams of Trafford]

My Lords, I am sure that the Prime Minister will lay out the position in a clear manner as we move towards the triggering of Article 50 by the end of March, which is not very long to go.

Policing and Crime Bill

Lord Wigley Excerpts

Report: 3rd sitting (Hansard): House of Lords
Monday 12th December 2016 Lords Chamber

Moved by

[Lord Wigley]

185: After Clause 152, insert the following new Clause—
“Victims and witnesses: disclosure
(1) A police force, police officer or Crown Prosecutor may not disclose the name of a victim or witness of a serious sexual assault or violent offence to the person accused of the offence if— (a) the parties are strangers to one another,(b) non-disclosure would not impact on the completion of a fair trial, and(c) it is reasonable to assume that such a disclosure would put the victim or witness at risk of further harm.(2) This section applies whether or not the person accused of the offence has been charged with the offence.”

[Lord Wigley (PC)]

My Lords, I realise that the House wants to move to a vote on the very important and significant debate we have just had. I do not know whether there is a mechanism whereby I could come back to Amendment 185 at Third Reading so that we do not lose this debate because this, also, is a very important question with regard to the anonymity or otherwise of people involved in rape cases. I would be grateful for some guidance on this matter.

[Baroness Chisholm of Owlpen]

I am afraid that if the noble Lord wants to press this amendment he has to press it now. We cannot go back to it again because we have to go in order.

[Lord Wigley]

I will speak as rapidly as I can and I am sorry that this is going to detain the House. Amendment 185 is in my name and those of the noble Baronesses, Lady Howe of Idlicote, Lady Brinton and Lady Cohen of Pimlico. I thank them for their support.

I do not apologise in the slightest for returning to a matter that I raised in Committee, since most of the countercase put by the Government in Committee triggered dismay and incredulity among those involved in cases such as those I highlighted then. To the extent that there was any validity in the Government’s countercase, I have adjusted the wording of the amendment to respond constructively. The impact of this new clause would be to prohibit the police in England and Wales from disclosing the name of the victim of rape or attempted rape to the alleged perpetrator—

[The Deputy Speaker (The Countess of Mar) (CB)]

My Lords, I would be grateful if noble Lords could be quiet because I cannot hear what the noble Lord, Lord Wigley, is saying. It is important for proceedings that I can hear and understand what he says.

[Lord Wigley]

I am grateful. I have rarely had that trouble in the past. As I was saying, it is the question of disclosing the name of a victim of rape or attempted rape to the alleged perpetrator where both are strangers to each other and where disclosure could potentially put the victim at further risk of harm from the accused. This is necessary because in this day and age any individual with basic IT skills, armed with the name and location of the victim, could easily obtain the full address. It is difficult to imagine circumstances where the victim would not be either at risk or feel, understandably, at risk. I remind the House that it is estimated that 10% of all rapes and attempted rapes are committed by strangers. This means that there are some 9,000 reported attacks each year. In other words, 9,000 women are being put at risk each year if their names are disclosed. There will be thousands more who never report it because of fear, shame or lack of confidence in the police and judicial system. The feelings of a victim were courageously described only last Thursday by Michelle Thomson MP in another place.

The amendment was tabled following the harrowing experiences of Victim M, to which I referred in Committee and shall now summarise briefly. I am grateful to Voice 4 Victims for providing this information. I pay tribute to them for the support they give such victims and for their determined campaigning on this and associated issues.

Victim M was followed by a stranger, attacked, suffered an attempted rape and was told to stop screaming or she would be killed. Two off-duty police officers heard her screams and arrested the man. Subsequently, M learned that the police had, in fact, given her full name to the man. This has had a devastating impact on M. She is terrified that he will find her and attack her again. He is expected to be released from serving half his seven-year sentence in July next year. M has changed her name, moved flat twice and removed herself from the electoral register to prevent him finding her.

The amendment moved in Committee was later withdrawn. Since then, Voice 4 Victims has consulted a range of experts. The clause has been redrafted to take on board those comments, especially those emanating from the police. The police have been very supportive. They themselves believe that clarification of the law is needed. From these comments it is generally agreed that a name should never be given if three conditions are met: the parties are strangers; disclosure might conceivably put the victim at risk; and non-disclosure would not undermine the completion of a fair trial, a point raised by the Minister in Committee.

After disclosure in her case, M contacted a number of police forces. Their policies on disclosure were totally inconsistent. The responses varied greatly, with no fewer than five distinct approaches followed by the police: the name being given during the interview on arrest; at the point of charge; if the case goes to court; disclosed in a statement given to the alleged perpetrator’s defence team; or not given until the case is in court, where it is a matter for the judge to decide.

M is to be commended for the comprehensive manner in which she followed up to discover such a wide and inconsistent pattern of behaviour by the police. She received a letter from Commander Jones of the Metropolitan Police, who said:

“There is no specific policy or legislation which covers the issue of providing the name of a victim of rape to the suspect. Instead it is an operational decision taken by the officer in the case on a case-by-case basis. In the case of a stranger rape, it would be very rare for the suspect to be informed at the point of arrest. For a domestic or acquaintance case, this would be more common”.

This view was reinforced by Neil Smith of the Metropolitan Police’s sexual offences, exploitation and child abuse command in the Guardian newspaper on 27 October this year.

M made contact with other victims. They have similar experiences. Victim A said, “Once he had my name he found me and messaged me on Facebook. He lives maybe a couple of hours away, so when I next moved and changed jobs I also changed my name by deed poll”. Victim B said, “I was 23. He was about 50. If he googled my name, I couldn’t think of every website it might bring up. I could kind of imagine what he might do”. Victim C said, “He was arrested a couple of days later and at that point would have been told my full name. I did not realise he was told my name then. The fact he knows my name and details is something I have always hated and part of what makes me regret ever going to the police”. I ask the House, in particular the Minister and her advisers, to note that last sentence and to ponder its far-reaching implications on whether this situation leads to people not going to the police when there has been a rape or an attempted rape. This theme is repeated by Victim D, who responded to M by saying, “Your message sums up the reasons I felt I didn’t want to go to the police. I didn’t want my life ruined by my name being released and people finding out. I suffered severe depression and was suicidal for years. Thank you for working to fix this problem”.

--- Later in debate ---

[Baroness Chisholm of Owlpen]

My Lords, as the noble Lord, Lord Wigley, has explained, this amendment is designed to strengthen the protection for the victims and witnesses of a sexual or violent assault by a stranger. I sympathise with this objective but, as I indicated in Committee, there are difficulties. I am grateful to the noble Lord for taking on board the points I made in response to his earlier amendment on this issue. He has now come forward with a substantially revised amendment. I fear, however, that this serves only to highlight again the challenges of legislating in this area.

It is vital that the criminal justice system supports and protects victims and witnesses, particularly victims of sexual offences, who are especially vulnerable. As I stated in Committee, there are already a number of means whereby those at risk of further harm, or who are deemed to be intimidated, can be safeguarded. I shall not repeat these measures now, other than to say that there is a wide range of options available for their protection. To intimidate a witness is a very serious criminal offence.

Of course, the right to a fair trial is a cornerstone of our criminal justice system. The noble Lord, Lord Wigley, has rightly acknowledged this in the revised amendment before us today. However, to say that the identity of a victim or a witness may be withheld from the defendant except where to do so would compromise the defendant’s right to a fair trial is almost always a contradiction in terms. As my noble friend Lord Hailsham said, fundamental to a fair trial is the right of the accused to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him. The accused cannot be expected to prepare a proper defence if he does not know who is accusing him of the alleged crime, and without that there can be no fair trial.

In exceptional circumstances, there is already provision for anonymity of victims or witnesses from the accused, through a witness anonymity order. A number of conditions must be met for this to apply, including that it would protect the safety of the witness or another person, that it is in the interests of justice for the witness to testify and the witness would not testify if the order were not made, and that it would be consistent with the defendant receiving a fair trial. It is an exceptional measure of last resort. This means that in the minority of cases where those accused of violent or sexual assault are strangers, the court can decide to grant victim or witness anonymity, provided these other conditions are met.

[Lord Wigley]

On that very point, if the court determines at that stage whether or not to release information, surely there is every case to get consistency prior to that. I quoted five cases, I think it was, of different responses by the police in different parts of London. The absence of any consistent approach to this underlines that there is a serious problem. If the Government were willing to review how the mechanism of referring to the courts, which the Minister mentioned, can be brought in in a way that avoids the variety of ad hoc responses by the police, that might be one way forward. I would be very grateful if the Minister would consider that.

--- Later in debate ---

[Baroness Chisholm of Owlpen]

I am sure the noble Baroness will understand that I cannot go into individual cases. CPS policy on prosecuting cases of rape clearly states that witnesses’ addresses should not be disclosed to the defendant unless already known. The CPS does not disclose the addresses, email addresses or phone numbers of victims or witnesses in any case unless already known. That is why we are looking at ways to ensure that this approach is similarly applied by police forces.

While the amendment is well intentioned, for the reasons I have given, I do not consider that it will help advance the noble Lord’s cause. He has alighted upon an important issue regarding the consistency of practice adopted by criminal justice agencies in relation to the disclosure of a vulnerable victim’s address or other contact details, and I am ready to explore further how this might best be addressed. On that basis, I hope the noble Lord will feel able to withdraw his amendment.

[Lord Wigley]

My Lords, I am grateful. I realise that the House wants to move forward rapidly. I was grateful for the contributions made by the noble Viscount and the noble Lord, Lord Carlile, to the contra argument with regard to the rights of the defendant. Of course I recognise that they are important. The question seems to revolve around the inconsistency of the police response, which the Minister has accepted needs to be looked into, and whether, while it was reasonable to withhold addresses and telephone numbers in the past, it might now be necessary to withhold the name because of the ease of getting addresses from information available on computer-based systems these days. If the Government are prepared to review those aspects of the question, we will feel that we have made some progress on this issue. If the Minister can indicate that the Government are willing to look at those aspects, I will be prepared to withdraw the amendment.

[Baroness Chisholm of Owlpen]

We realise that certain aspects need to be addressed, which is why I said that I am ready to explore further how this might best be addressed.

[Lord Wigley]

I am grateful to the Minister. On the basis of that assurance that there will be an investigation into those aspects of the question, I beg leave to withdraw the amendment.

Amendment 185 withdrawn.