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Baroness Miller of Chilthorne Domer
Main Page: Baroness Miller of Chilthorne Domer (Liberal Democrat - Life peer)Department Debates - View all Baroness Miller of Chilthorne Domer's debates with the Home Office
(4 months ago)
Lords ChamberYour Lordships’ House has, over the years, taken a very serious role in defending our free speech, freedom of assembly and right to peaceful protest. Just this afternoon, we have heard powerful speeches from the noble Baronesses, Lady Chakrabarti and Lady Jones, the noble Baroness, Lady Fox—probably the first time I have ever agreed with her—and from the noble Lords, Lord Cashman and Lord Clement-Jones.
The noble Baroness, Lady Jones, pointed out something I have noted too. Out of power, political parties defend those rights very vociferously, but once they are in power as the Government, they are very tempted—as we see in this Bill—to introduce legislation to restrict protest more and more. In the 25 years I have been following this, I have noticed that successive Governments have increased not only legislation about protest but also the severity of the penalties for those protesting or organising protests. What especially concerns me is the cumulative effect of all those Acts.
I can accept that sometimes legislation is a proportionate response to emerging social issues, and I am sure that is something we will explore in Committee, but too often it has been the easy way for successive Governments to limit dissent against their policies. As we look at this Bill, with more curbs on protest, it is shocking to think—and this is something I especially want noble Lords to bear in mind as we go through the Bill—that international bodies have found that the UK has moved from being a champion of free speech and assembly to a nation where protest is a risk.
For example, the UN rapporteur for human rights and the environment, David Boyd, warned of the chilling impact of recent legislation on democratic rights. Volker Türk, the UN High Commissioner for Human Rights, said the Public Order Act 2023 was “deeply troubling” and incompatible with international law. Michael Forst, the UN rapporteur for environmental defenders, condemned the harsh sentencing of climate protesters as
“not acceptable in a democracy”.
We have to take those as very serious criticisms.
On that last point, some of the sentences handed down to protesters are truly shocking. Even a short sentence can disrupt your life a lot. It can affect the jobs you can apply for. It can disbar you, for example, from going to the United States. In my case, that would be a very severe penalty as so many of my family live there. That is a massive disincentive to stand in protest, so there is a real chilling effect. I am fortunately quite old, so I think I have had my fill of protests—that is not to say that I would not feel like protesting some more, but I at least have a voice here now.
The reason I am speaking today is that I have heard the anger and frustration of the young. They need to make their voices heard on the issues that will critically affect their future. In this case, I am particularly thinking of environmental issues and climate change. Our job in this House is to enable those voices, not to crush them, not to frighten them into submission and not to chill them until they are frozen out.
Baroness Miller of Chilthorne Domer
Main Page: Baroness Miller of Chilthorne Domer (Liberal Democrat - Life peer)Department Debates - View all Baroness Miller of Chilthorne Domer's debates with the Home Office
(2 months, 3 weeks ago)
Lords ChamberI rise to speak to my Amendment 286A, which proposes to fill gaps in Clause 79 so we can hold accountable all those who go out of their way to conceal the horrendous crime of child sexual abuse. This amendment is supported by multiple child protection organisations, including the NSPCC, Barnardo’s, the Centre of Expertise on Child Sexual Abuse and the Lucy Faithfull Foundation. I particularly thank Gina Rees from the NSPCC, who has advised me.
Obviously, it can never be acceptable for anyone to turn a blind eye to abuse. Yet across the seven year-long investigation, the Independent Inquiry into Child Sexual Abuse exposed countless instances where those whose organisations had a responsibility to protect children from harm not only failed to report child sexual abuse but took purposeful actions that actively sought to cover it up. These acts of intentionally concealing child sexual abuse are separate from, and go beyond, just failing to make a report, something which the Government’s mandatory reporting duty proposes to address. It means choosing and acting to prioritise something else, be that community, relationships or company reputation, over the safety of a child. I think we can agree across this House that that is unacceptable.
These acts of concealment are not a thing of the past. Take, for example, this real-life contact at the NSPCC helpline for those with concerns about a child. A special educational needs professional told the NSPCC:
“I’ve seen what happens when people report any concerns, even minor ones. Management bullies you, reduces your shifts, stops giving you what you need to support the kids. You’re expected to buy everything yourself for them instead of it being provided. If you thought you were on track for a permanent job, forget it”.
Bullying, threatening job stability and removing support for the children who are meant to be protected—these are actions, along with intimidation of witnesses and destroying vital evidence, that have happened for many years and still happen, with impunity, across our society. They not only undermine efforts to increase reports of child sexual abuse; they can deny victims their right to justice and hinder their access to vital support services in order to help them begin to recover from what they have suffered. As such, it is vital that our criminal justice system be equipped with new laws to catch these bad actors.
I appreciate that the Government’s current drafting of Clause 79 aims to do this by introducing a new criminal offence of preventing or deterring someone, under the mandatory reporting duty, from making a report. While that is an important part of thwarting the cover-up of child sexual abuse, this provision does not go far enough to cover the multitude of ways that reports of abuse can be concealed and could allow many of those who intentionally conceal this crime to slip through the net. This is because Clause 79 is triggered only when the person acting to conceal abuse does so by blocking or deterring someone, under the new duty, from making a report. This would not, for example, criminalise acts that could prevent abuse being discovered by a mandated reporter in the first place, such as intimidating victims or destroying vital evidence. Indeed, if the professional I referred to in my example earlier did not fall under the new duty to report, there is a strong chance that those who try to bully and intimidate someone in respect of doing the right thing would not be prosecutable under the current offence.
This feels to me like a glaring omission that could undermine the Government’s intentions with this clause. It also does not cover preventing those who are not mandated reporters from reporting, or acts to hinder this investigation of abuse after it has been reported. That is why I call on the Government and the Minister to look again at their current proposal and ensure that it is strengthened, so that those who intentionally act to cover up child sexual abuse, including those who threaten or deter those not under the reporting duty, are caught by this offence. I therefore urge the Government to accept Amendment 286A so that Clause 79 captures all individuals who intentionally cover up child sexual abuse.
My Lords, I rise to speak to my Amendment 273, which is a very simple amendment that aims to put into action what IICSA recommended: that mandatory reporting of child sexual abuse should happen with no exceptions. The inquiry argued that, even if abuse is disclosed in the context of confession, the person—in this case, the priest—should be legally required to report it. It proposes that failing to report such abuse should itself be a criminal offence.
I am very glad that the right reverend Prelate the Bishop of Manchester is in his place, because I know he has spent a long time on working parties looking at this issue. In earlier discussions in the House, in response to the right reverend Prelate, the noble Lord, Lord Hanson of Flint, said that he had received representations from churches on this issue and expressed the hope that this would be further debated as the Crime and Policing Bill went through Parliament. My amendment is simply here to enable that debate to happen.
My Lords, I rise to speak in support of my noble friend Lord Polak and his Amendment 286A. As he lucidly put it, this amendment proposes to close several glaring loopholes in the offences outlined in Clause 79; otherwise, I fear it will fail to meet the aims and expectations placed on it by this Committee.
Our criminal justice system should be equipped with new laws to hold accountable all those who cover up child sexual abuse. The noble Baroness, Lady Featherstone, put that case incredibly well and touchingly. It needs to be known that if someone acts purposefully to stop child sexual abuse being properly investigated and so denies the victims and survivors the protection and justice they are entitled to, they will face strong criminal penalties. That is why I support the Bill’s inclusion of Clause 79, which seeks to introduce new criminal offences for preventing or deterring someone, under the new mandatory reporting duty, from making a report. However, its drafting means that it would be limited in its ability to contribute meaningfully to the important mission of tackling child sexual abuse that we across the Committee strongly support.
Clause 79 is dependent upon the new mandatory duty to report. The clause not only requires the action taken to directly involve a reporter under the duty, it requires the person attempting to conceal the abuse to know that the person that they are deterring is a mandated reporter. This brings with it a whole host of legal complexities. What does it mean to know that someone is under the duty? Does it require them to also know that the child sex offence has taken place to trigger the said duty? How could it be convincingly proved by the courts that someone accused of putting the needs of their institution above protecting a child also understood what the duty is, who it applies to and how that factored into their actions? These are important questions that need to be reconciled.
Baroness Miller of Chilthorne Domer
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(2 weeks, 1 day ago)
Lords ChamberI remind the noble Lord that there is already an issue in this country: BPAS suggests online that it is not illegal to have sex-selective abortions, so there is some dispute about that information.
I have not finished. That was an intervention. Sorry; I have nearly finished.
Yes, sorry, it is. I will just read the last paragraph. It is the interventions that have taken time.
Some of these examples may sound fanciful or seem extreme, but the worst consequences of a policy rarely announce themselves plainly at first sight; otherwise, we would always pass perfect laws, and we do not. We would be foolish not to learn from evidence in other jurisdictions. I contend that it would be far wiser to reject Clause 191 altogether. Doing so would protect women—both baby girls in the womb and the mothers who carry them.
My Lords, I added my name to Amendment 461J, to which the noble Baroness, Lady Thornton, spoke so eloquently. It addresses the pardoning of women who have already been criminalised. When Clause 191 becomes law, I look forward to this amendment being part of it because, as your Lordships all know, having a criminal record precludes you from some jobs and from getting visas to some countries. It is a very serious thing, and this small amendment is well worth while.
The overwhelming support from the professional bodies must weigh heavily on your Lordships, even those who are doubtful about Clause 191. I am grateful to those in the Committee who have experience in this field. It struck me that if the Royal College of Nursing, the Royal College of Midwives, the Royal College of Obstetricians and Gynaecologists, and the Royal College of General Practitioners are all behind, who are we to raise many of these issues? That is not to say we should not debate the important points. However, where those involved in delivering healthcare for women are so overwhelmingly supportive, this seems to me to be the right course.
The noble Lord, Lord Bailey of Paddington, asked about surveys. Well, I have one from YouGov that cites 70% of the public as saying that women should not face criminal prosecutions for having abortions outside the set rules.
The noble Baroness, Lady Monckton, made the comment: what is the role of this House? Well, the role of this House, which I am glad to say it is undertaking very well this evening, is, as we know, not to overturn the will of the Commons, where the vote was 379 to 137.
There are many amendments in this first group that seem innocuous. We debated some of them a while ago—for example, the requirement to keep statistics—in the Bill by the noble Lord, Lord Moylan. But they are not innocuous; they are really just a back door into undermining the very idea of Clause 191.
My last point is about an issue addressed by the right reverend Prelate the Bishop of Lincoln. I have understood that decriminalisation does not encourage more, or later, abortion. In the countries that have practised it, such as Canada and New Zealand, it has not been the case that it has encouraged more or later abortion. Other noble Lords have eloquently made the point that abortion is not something that you, as a woman, just choose lightly. I have not had an abortion myself; I have had only a miscarriage, and I happily have two children besides, but that was enough to tell me that you would not lightly go and choose this. Getting rid of Clause 191 is an essential part of moving us into the 21st century and away from the very Victorian attitude that has prevailed until now.
My Lords, before I discuss the substance of the amendments in this group, including my Amendment 461F, I want to make a brief observation. In my experience, both in the other place and as a Member of your Lordships’ House for a little over three years, the issues we are considering today in this group of amendments and the two that follow have become increasingly difficult to discuss openly. By that, I mean that we seldom consider the merits of the arguments put forward in good faith and instead fall back on principled objections. I regret that abortion has become such a binary and closed-off debate in this country. One’s views on the subject are put into a box: compassionate or unfeeling; morally progressive or morally regressive; forward-looking or Victorian. I am sure that noble Lords will agree that this serves nobody well, whether in this place in facilitating constructive and reasoned debate, and thereby serving the watching public well or, perhaps more importantly, in promoting the safety and well-being of women and unborn children.
There are, I would hope, things that we can agree on. Statistics released by the Department of Health and Social Care on 15 January show the highest number of abortions ever recorded in England and Wales, with 278,740 taking place in 2023—a 10% increase on the previous year. When added to figures from Scotland and Northern Ireland, this amounts to nearly 300,000 abortions across the UK in 2023. Nearly one in three of all pregnancies ended in abortion in 2023.
Baroness Miller of Chilthorne Domer
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(1 week, 5 days ago)
Lords ChamberMy Lords, I was very pleased to add my name to this amendment in the name of the noble Baroness, Lady Chakrabarti. To me, it is the most important amendment to the Bill, and she laid out fully why it is so needed. As she said, this will be about trust in the police, and without this sort of regulation, that trust will be lacking—especially given the spy cops inquiry, which I have been following. That inquiry led me to want to put my name to this amendment, particularly because it has been going on for 10 years, involving three judges, and we should now have the lessons from it. If it had wound up, we would have had the lessons from that inquiry, and this amendment fills a bit of the gap from not having them.
The problem with that inquiry is that quite a lot of it is held in secret and a lot of the transcripts are heavily redacted, so it is very difficult for a Member of your Lordships’ House to follow, as I have tried to, what the lessons will be. For those reasons, we should support this amendment, even if it is just a stopgap until that inquiry eventually reports. That could be years from now, so I am pleased to support the amendment.
My Lords, I support Amendment 470, which I, too, have signed. I agree with every word that we heard from the noble Baronesses, Lady Chakrabarti and Lady Miller. This references a deep vein of misogyny that existed then in the Met police—and I suspect it still exists, in spite of all the promises to the contrary. The noble Baroness, Lady Chakrabarti, is so calm; it always astonishes me how calm she stays when I know she feels exactly the way I feel about this, which is absolutely furious. I know that when I stand up I am absolutely furious about quite a lot of things, but this plumbs the depths of my fury.
I will give way a little later as I want to develop my point, if the noble Baroness will be so kind as to allow me.
I think there are two sides to every story. When I was first a candidate and then Member of Parliament for Peterborough, I remember the sight every week of animal rights activists at Huntingdon Life Sciences. I do not support the activities of rogue police officers, as enunciated in what the noble Baroness said about spy cops, but we must not conflate separate phenomena: a full public inquiry—albeit in camera, which I do not agree with, as there should be openness and transparency—and specific criminal cases. One can also make the case that those police officers and others who were doxed by animal rights activists have suffered a huge degree of harassment and violent intimidation since the allegations arose, without having the opportunity to clear their names in a court of law. I give way to the noble Baroness.
I would like the noble Lord to give way to my noble friend.
My Lords, I am most grateful to the noble Lord, Lord Cromwell, for adding his name to our amendment and especially for spotting the rather attractive typo in an earlier Marshalled List whereby “animal rustling” had become “animal hustling”. The only animal hustling I am aware of is when my small dog hustles me out of bed in the morning.
I have tabled this amendment to probe the Government’s thinking about rural crime prevention. I appreciate that a recent rural crime strategy from the National Police Chiefs’ Council covered the years 2025 to 2028. It is very helpful to have that document and to see the priorities there. However, I do not believe it replaces a government-wide prevention strategy. Many issues would benefit from the Government having a complementary strategy, for example from the Department for Education and Defra, both of which have a huge role to play in educating the public with regard to the countryside and its wildlife on questions such as when lighting a fire in the countryside becomes a crime—something that is increasingly serious with climate change. What is criminal behaviour when you are in your boat and you spot a dolphin? I will not weary the Committee with too many examples.
Society as a whole and the Government need to take a role in ensuring that our rural areas do not become crime hotspots. Organised crime, sadly, sees rural areas as a soft touch. A big example of this was recently highlighted by your Lordships’ House’s Environment and Climate Change Committee: fly-tipping on an industrial scale. It has become almost a full-time job for my noble friend Lady Sheehan to go around the country looking at these huge fly-tips. She has done a terrific job, raising awareness of the scale of the problem and eliciting some response for the Environment Agency and the Government. It is a question of public awareness, because it is important to report very early on where something is going to become a fly-tip. It illustrates how rural crime has become big criminal business, as has wildlife crime.
In hare coursing, for example, there is big money to be made through the bets placed. That is disastrous for farmers, driving straight through their fences and hedges. It is hard to stand in the way when you are alone and facing a gang. It is also hard to police in remote rural areas. I hope the Government are paying attention to that sort of crime. They should be praised for pledging to introduce a closed season for hares, which is an excellent thing to do, but it will be a shame if hares continue to suffer from hare coursing. Peregrine falcon chicks—not something you would normally associate with commanding high prices and being the subject of organised crime—have become such a luxury item in the Middle East that there is now a need to police peregrine falcons’ nests. Eel poaching—not one or two eels for supper but glass eels, which are the babies, all illegally fished—is a trade worth £53 million at the last annual count and is wiping out the eel.
My Lords, I am grateful to the noble Baroness, Lady Miller of Chilthorne Domer, for raising these issues, and to the noble Lords who have spoken in support of her. As someone who represented a rural constituency in the House of Commons for 28 years, I can say that things such as sheep worrying, isolation and local policing were meat-and-drink on a daily basis. In fact, the north Wales rural crime unit was the model for a lot of the work that has been done on rural crime at a national level. I therefore appreciate and understand the problems that are faced by rural communities. I say to the noble Baroness and others that the Government remain committed to tackling those crimes that particularly impact our rural communities.
Noble Lords have spoken today about some of the government measures being brought forward, but I want to address them as a whole. As part of our safer streets mission, we are introducing important measures to protect rural communities that look at clamping down on anti-social behaviour, strengthening neighbourhood policing and preventing the very farm theft that the noble Lord, Lord Cromwell, spoke of, as well as the issue of fly-tipping, which has been mentioned by noble Lords today. I would also add shop theft to that. That is an important issue because, particularly in rural areas where there is perhaps only one shop, an organised crime gang, or regular shop theft, can impact small independent businesses very strongly. We are trying to deal strongly with those issues. Rural communities across England and Wales are already better protected from the rising threat of organised gangs, and we have new strategies to tackle crimes plaguing countryside areas.
I was struck by my noble friend Lord Forbes of Newcastle, who focused not just on the rural crime issues that I know he is aware of but raised important issues around fraud and the isolation that fraud can bring. I advise him that, in a three-year fraud strategy that we intend to publish in relatively short order, the Government intend to look very strongly at those issues and at what we can do in that space.
Developing a robust response to a rural crime is extremely important. I know that noble Lords have mentioned it, but the objective of the amendment is, as the explanatory statement says,
“to establish a task force to produce a strategy for tackling rural crime”.
I say to the mover of the amendment that, in November 2025, the Home Office, Defra and the National Police Chiefs’ Council published the Rural and Wildlife Crime Strategy, which, in essence, does what the amendment asks for, and which will bring together the points that the noble Lord, Lord Cromwell, asked for, with ministerial oversight. The strategy is a vital step in the mission to provide safer streets everywhere.
There is also a Defra-led rural task force that was set up last year—that sounds like a long way away, but it was just over a month ago—with the aim of gathering evidence through a series of meetings and workshops to look at the specific challenges faced in rural areas. The evidence gleaned from the workshops is being examined, and it will be used to outline the Government’s strategic ambition for rural communities.
Some of the points that noble Lords have mentioned today, such as tackling equipment theft, are a huge concern. I understand that. We intend to implement the Equipment Theft (Prevention) Act 2023, which will introduce forensic marking and registration on a database of all new terrain vehicles and quad bikes. I am also pleased to say that we recently announced removable GPS systems. Those are demands that I had just over a year ago when I went to the rural crime conference chaired by the police and crime commissioners for Norfolk and Cheshire. We have acted on that.
Clause 128, which has already been considered, contains a valuable tool for the police that will help them tackle stolen equipment. It will ensure that, where it has not been reasonably practical to obtain a warrant from the court, the police can enter and search premises that have been electronically tagged by GPS or other means and where items are present that are reasonably believed to have been stolen. That is a very strong signal for organised criminals that we are going to track and monitor them and have a non-warranted entrance to their property if they have stolen equipment—and we will hold them to account for it.
I was pleased to be able to announce last year at the police and crime commissioners’ conference a long-term commitment of £800,000 for the National Rural Crime Unit and the National Wildlife Crime Unit. We have committed to replicating this year’s funding next year, in 2026-27; in what are tight and difficult financial times, we have still managed to commit that funding to help to support the National Police Chiefs’ Council in achieving the aims of that strategy.
To go to some of the specific issues that the noble Baroness, Lady Miller, mentioned, such as hare coursing, the establishment of that unit and work that it has done, and through that unit Operation Galileo, has seen a 40% reduction in hare coursing—again, that was mentioned by the noble Lord, Lord Cromwell, as a specific problem that has existed and causes great difficulties in rural areas.
We have also looked not just at the excellent work of the National Rural Crime Unit but, overall, at how we can tackle rural crime in an organised way. Again, I recognise that there are challenges. The Government separately, through the Statement that we made only a couple of days ago in this House, are looking at reorganising and shrinking the number of police forces, and we are going to have a commission to look at that, with a review, in the next few months to come to some conclusions. We are trying to centralise some national activity on serious organised crime, which is very much behind a lot of that rural crime. That landscape will need to be looked at.
The noble Lord, Lord Cromwell, referred to what I said on Tuesday night. We are looking at how we review the funding formula—that is important. Again, I cannot give specific answers on that today, but I would say to the noble Baroness who moved the amendment and noble Lords who have spoken to it, including the noble Lord, Lord Davies of Gower, that significant work is being done on this. We have a strategy and a task force; we have co-operation with Defra and specific measures being brought in that have been called for for a long time on equipment theft and wildlife crime, as well as on the funding of the unit. We have looked at a range of other measures that we will bring forward to tackle organised crimes in rural areas. With the neighbourhood policing guarantee, we are looking at every neighbourhood police force having named, contactable officers dealing with local issues. We are putting 13,000 of those neighbourhood police officers in place over the next three to four-year period, which will mean that we have 3,000 extra neighbourhood police officers by March this year and 13,000 by the end of this Parliament. That is focusing people from the back room to local police forces.
Again, there is a big mix in this, and I know that noble Lords will appreciate that it is a significant challenge at the moment, but I hope that that work is helpful and that the direction of travel suggested by the amendments is one that noble Lords can understand we are trying to achieve. With that, I hope that the noble Baroness will withdraw her amendment.
My Lords, I thank all noble Lords who have spoken. There was a theme running through the debate of the difficulty faced by those in rural areas of isolation. The noble Lord, Lord Davies of Gower, mentioned that I was seeking a top-down solution—not at all; I think that I am probably in your Lordships’ House because of looking for localised solutions. But that does not replace having an overall government strategy.
I am very pleased to hear from the Minister that they are committed to the funding for that unit; that is very helpful. I asked specifically about heritage crime, besides wildlife crime, so, between now and Report, perhaps the Minister could help me and provide a little more on how the Home Office is co-ordinating with the DCMS. Might he be able to write to me on that and also answer my question as to why wildlife crime is not notifiable? With that, I beg leave to withdraw the amendment.