Misuse of Drugs Act 1971 (Amendment) Order 2019

Baroness Williams of Trafford Excerpts

Monday 15th July 2019 Grand Committee

Moved by

[Baroness Williams of Trafford]

That the Grand Committee do consider the Misuse of Drugs Act 1971 (Amendment) Order 2019.

Relevant document: 53rd Report from the Secondary Legislation Scrutiny Committee

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, this draft order differs from recent amendments to the Misuse of Drugs Act 1971 in that it is based on changes to scientific and technical detail in existing legislation and does not introduce further controls on compounds under the 1971 Act. I thank the Advisory Council on the Misuse of Drugs—the ACMD—for its expert advice on this technical matter, which has informed the draft order before the Committee.

The order was first laid before Parliament on 4 June. Its purpose is to amend Schedule 2 to the Misuse of Drugs Act by reducing the scope of the generic definition of the third generation of synthetic cannabinoids. I assure noble Lords that this amendment does not repeal the generic definition of synthetic cannabinoids under the Act, and compounds commonly known as Spice and Mamba will continue to be subject to controls under that legislation. The measure is brought forward as a result of the recommendation from the ACMD published on 22 December 2017.

It may be helpful if I explain to the Committee the history of the control of synthetic cannabinoids under the Misuse of Drugs Act 1971, as it helps to frame the context of this amendment. The ACMD, the independent experts who provide advice to the Government on the misuse and harms of drugs, first published guidance in 2014 on the third generation of synthetic cannabinoids. This is a group of compounds that mimic the effects of cannabis and are commonly referred to by brand names such as Spice and Mamba. The ACMD recommended that synthetic cannabinoids should be captured under a generic definition— as class B drugs under the Misuse of Drugs Act—due to their associated harms and widespread availability, and it followed the control of the first generation of synthetic cannabinoids in 2009 and the second generation in 2013.

The ACMD advice also recommended that these compounds be placed under Schedule 1 to the Misuse of Drugs Regulations 2001, as it could not determine any known medicinal or therapeutic benefits from these drugs. Any drugs listed under Schedule 1 are deemed to have little or no known medicinal or therapeutic benefits and can be legally accessed only with a Home Office licence, which is generally issued for research or industrial purposes.

Shortly after these changes came into effect on 14 December 2016, representatives from the research community contacted the Home Office and the ACMD, informing them that a large number of research compounds not suspected as being synthetic cannabinoids were inadvertently captured under the generic definition. As a result of the controls placed on these compounds, institutions had to obtain Schedule 1 licences to conduct certain aspects of their research. The licensing process ensures that there is a minimised risk of misuse and diversion of, and harm from, controlled drugs. However, the Government have no desire to unnecessarily impose licensing requirements where compounds do not pose risks of harm. Accordingly, it is important that we amend the generic definition to remove a regulatory burden on the research industry relating to compounds that were never intended to be controlled. On that basis, the ACMD recommended in December 2017 that the scope of the generic definition be reduced.

The order amends the Misuse of Drugs Act 1971 to reduce the breadth of compounds controlled as third-generation synthetic cannabinoids. The ACMD’s amended definition will ensure that compounds which have been found to cause harm will continue to be caught by the generic definition. I assure the Committee that the Government are acutely aware of the continued harms posed by the third generation of synthetic cannabinoids, and I want to make it clear that the order does not revoke the generic definition. Harmful synthetic cannabinoids such as Spice and Mamba will continue to be controlled through the generic definition.

The order, if accepted and made, will come into force on 15 November. To complement it, a further statutory instrument will be introduced to make parallel amendments to the generic definition under Schedule 1 to the Misuse of Drugs Regulations 2001 and in the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015. As a result, the compounds currently captured unintentionally will no longer require a Home Office licence for the conduct of research as they will no longer be controlled.

I hope that I have made the case to amend the generic definition of the third generation of synthetic cannabinoids to remove the compounds that were unintentionally controlled from the generic definition. I commend the order to the Committee.

[Lord Paddick (LD)]

My Lords, I thank the Minister for explaining the draft statutory instrument.

It is regrettable that, in 2016, the Advisory Council on the Misuse of Drugs advised the Government to include such a wide definition of third generation synthetic cannabinoids. Between 40,000 and 90,000 compounds captured by this wide definition were not synthetic cannabinoids and therefore were not intended to be controlled under the Misuse of Drugs Act 1971. In addition, it inhibited research by requiring researchers to obtain a Schedule 1 licence.

That highlights a series of issues with the Government’s approach to drug misuse. First, the ill-thought-through Psychoactive Substances Act, while making previously so-called legal highs illegal, did not make the possession of such substances an offence—only their manufacture, sale and supply, even though some of the substances are more dangerous than the substances controlled under the Misuse of Drugs Act that they were designed to replace.

Secondly, as a result, the ACMD still has to play catch-up with synthetic alternatives to controlled drugs, such as synthetic cannabinoids, which need to be controlled under the Misuse of Drugs Act because they are so dangerous. To get ahead of the game, on the basis of what the Minister said and what is contained in the material published by the Home Office on the SI, the ACMD appears to have gone to the other extreme and banned swathes of innocuous substances.

Thirdly, these synthetic alternatives to controlled drugs were created only because the controlled drugs that they were designed to replace were illegal. For example, I know a doctor who has had to deal with a number of patients with serious psychiatric problems caused by these synthetic alternatives; they took the synthetic alternatives because they were legal at the time, but they would not have had psychiatric problems if they had stuck to the controlled drugs that the synthetic alternatives were designed to replace. My understanding is that the synthetic cannabinoid Spice, which the Minister mentioned, induces far more psychosis and is far more addictive than even the strongest form of cannabis, for example. Can the Minister confirm that?

Fourthly, this sort of mistake further undermines the credibility of the system of controlled drugs under the Misuse of Drugs Act. Drugs are being classified primarily on the basis of politics rather than scientific evidence. For example, the previous Labour Government downgraded cannabis from class B to class C on the basis of scientific evidence only for the same Labour Government, under a new Prime Minister, to reclassify it back to class B for political reasons. Some drugs, such as GHB or GBL, that cause a large number of deaths—particularly among gay men, including a former partner of mine—are in class C while MDMA or ecstasy, which cause far fewer deaths, are in class A. We do not oppose the correction of this mistake by means of this SI but we clearly state it again: drug misuse should be treated as a health issue, not a criminal justice issue; all the efforts of government and law enforcement should be focused on harm reduction, not criminalisation; and the Government need to expand their review of drug misuse to include law changes, including potentially legalising and regulating controlled drugs.

The Liberal Democrats are not the only ones saying this. Last week, a survey showed that twice as many people were in favour of the legalisation of cannabis than against it. Research published last week showed that fewer teenagers used cannabis when it was legalised in the United States. The debate on drug misuse is changing. We believe that it is time that the Government paid attention to that.

[Lord Rosser (Lab)]

My Lords, I too thank the Minister for her explanation of the content and purpose of the draft order, which we do not oppose. It amends the Misuse of Drugs Act by narrowing the previous definition of synthetic cannabinoids, as the previous definition has had the effect of requiring compounds that are not of concern to be licensed as class B drugs.

Following the control of the first generation of synthetic cannabinoids in 2009 and of the second generation in 2013, the Advisory Council on the Misuse of Drugs first published advice in 2014 on the third generation of synthetic cannabinoids—a group of compounds commonly referred to, as the Minister said, as Spice and Mamba, which mimic the effects of cannabis. The ACMD recommended that these compounds be captured by way of a generic definition as class B drugs under the Misuse of Drugs Act. It also recommended that the compounds be placed in Schedule 1 to the Misuse of Drugs Regulations 2001, meaning that they can be legally accessed only with a Home Office licence, which is generally issued for research or industrial purposes.

Following the ACMD’s recommendations, the changes came into effect on 14 December 2016 but, as has already been said, shortly after their implementation the ACMD and the Home Office were told by research bodies that the breadth of the definition meant that it captured a large number of research compounds, many of which were not synthetic cannabinoids. The effect of this was that research institutions had to obtain Schedule 1 licences when they should not have needed to do so.

The ACMD recognised that its advice that led to the 2016 changes had unintended consequences. As a result, it made a further recommendation in December 2017 to the effect that the scope of the generic definition be reduced. Accordingly, this order amends the generic definition of third-generation synthetic cannabinoids by replacing the term “univalent” with a defined number of substituents. This will apparently reduce the number of compounds unintentionally captured by the generic definition, estimated by industry at more than 40,000 substances, while retaining those that have not been found to cause harm. As the Minister said, the revised definition does not alter the position for class A drugs or the licensed medicines previously excluded.

When this order was discussed in the Commons, the Minister said,

“so that while those compounds that have been found to cause harm are captured by it, fewer compounds are unintentionally captured”.—[Official Report, Commons, 3/7/19; col. 1263.]

In view of the Commons Minister’s words, how many compounds will still be unintentionally captured by the amended order that we are discussing now, and what level of inconvenience or difficulty will that continue to cause the research community in the pharmaceutical and healthcare sector in respect of having to continue, where necessary, to apply for Schedule 1 licences? How cumbersome, time-consuming and time-delaying is the process of applying for Schedule 1 licences, the need for which this order is designed to reduce but apparently not eliminate, in respect of compounds “unintentionally captured” by the 2016 changes? Bearing in mind that the ACMD made its recommendation, which led to the Government making this draft order some 18 months ago, why has it taken as long as it has to reach this stage?

The ACMD’s 2014 recommendations did not come into effect until mid-December 2016. Again, what was the reason for the apparent delay of at least two years? If consultation took place during that lengthy period, did any individuals or organisations raise the problem about the breadth of the definition that the research community raised shortly after mid-December 2016? If not, why did the ACMD—or anyone else—not realise the problem that this order seeks to address before its recommendations were implemented? Did the changes that were brought into effect in mid-December 2016 properly reflect the ACMD’s recommendations of two years or more previously? If not, is that one reason why the problem of the breadth of the definition came to light only after the mid-December 2016 changes came into effect?

This draft order does not seek to address the issue of the use, or rather misuse, of drugs. The UK now has, I believe, the highest recorded level of mortality from drug misuse since records began. I hope that we will soon hear from the Government the different approaches, based on what would most effectively reduce harm, that they intend to consider and adopt in response to a drug situation that appears to be getting worse.

[Baroness Williams of Trafford]

I thank both noble Lords for their points. The noble Lord, Lord Paddick, made the point that this is regrettable—I agree. It is never a good place to be in, having to amend legislation for this reason. He is right that research was taking far longer because of the application process. That is why we have the order today. He also made the point that psychiatric problems would not be as problematic as they are with synthetic versions. However, I have thought back to several examples that I am aware of, for example, skunk weed, which has caused psychiatric problems. He asked whether I could confirm that Spice is more addictive than non-synthetic cannabis. It is indeed stronger than some other drugs. That is why it is controlled under the Misuse of Drugs Act, in line with the expert advice. The SI does not change the control of Spice.

He also made the point that drugs policy should be aimed at reduction. Of course, reduction of the use of drugs is at the heart of what we are trying to achieve, particularly—

[Lord Paddick]

I said the aim of policy should be harm reduction, not reduction in use.

[Baroness Williams of Trafford]

The two probably go hand in hand—the harm of drugs and the use of them are quite parallel to each other—but I take the noble Lord’s point. He made a slightly different point and maybe I just took licence because I could respond in the way that I did. He also talked about the legalisation of cannabis. He knows that the Government do not intend at this point to legalise cannabis. In fact, the statutory instrument is not about the legalisation or otherwise of cannabis but, again, he took the opportunity to bring the issue up.

The noble Lord, Lord Rosser, asked why it has taken so long to get here, given that the recommendation was made back in December 2017. The initial recommendation from the ACMD in December 2017 acted as interim advice, covering a range of proposed solutions for the Home Office to consider. Officials then liaised with the ACMD on the feasibility of the proposals and the ACMD made short-term recommendations amending the generic definition and longer-term recommendations. Following those recommendations, from spring 2018 the Home Office engaged in a targeted consultation with the research community on the proposals, which confirmed at the end of 2018 that it supported the short-term solution of amending the generic definition. Steps were then taken to make this legislative amendment. The unintentional capture did not come to light until after the introduction of the legislative changes in 2016. After receiving representations from the research community, the Home Office and the ACMD then acted.

The noble Lord, Lord Rosser, asked how many compounds will still be unintentionally caught by the MDA. The nature of a generic definition is such that it is not possible to specify an exact number of compounds. I will write to him with further detail once I have confirmed that point. We are continuing to work with the ACMD on longer-term solutions. With that—

[Lord Rosser]

I raised another issue. I am not suggesting that we should not pass this order, but how cumbersome and time-consuming is the process of applying for the Schedule 1 licences? Is it some great bureaucratic procedure or not?

[Baroness Williams of Trafford]

I think I made that point in response to the noble Lord, Lord Paddick. It is quite a procedural undertaking; hence it is good that this SI is before us today. My note from the Box just says that it varies from case to case depending on the complexity of the activity being licensed, and that clear guidance is given on the Home Office website on how to make licensing applications. However, there is a broader point: that to get a Schedule 1 licence is quite a serious matter.

[Lord Rosser]

There is one other point—I say this as a complete lay man. It is fairly sobering to find that the ACMD made a recommendation—I understand that it consists of people who know what they are talking about—but we were apparently not able to appreciate that this difficulty would arise, and, because presumably there was some discussion and consultation, nobody outside the ACMD realised that it would arise. Is it not quite a sobering thought that such a mistake could have been made by not only the experienced body that is meant to advise on this but by those who were going to be affected by it? To me, as a lay person, that is quite worrying. Are the Government not worried that a mistake will be made again in some other sphere?

[Baroness Williams of Trafford]

I agree with the noble Lord that any such amendment that we have to make based on SIs that we have put before this House, without the full information before us, is always a concern. However, we are talking about new compounds that need research. We are at the forefront of research and controls but that does not take away from the fact that the noble Lord is right—it is unfortunate when we have to amend secondary legislation like this.

[Lord Rosser]

I am not quite sure from what the Minister says whether the answer to the point I raised is that the problem could not have been envisaged at the time—that it came to light that new substances or compounds suddenly were affected. However, if I am not right in saying that, did the Government inquire of the ACMD why it had not realised that this would be a difficult? Did they get an explanation from it?

[Baroness Williams of Trafford]

I will have to write to the noble Lord on that, but I thank him for raising that valid point.

Motion agreed.

Public Spaces Protection Orders

Baroness Williams of Trafford Excerpts

Thursday 11th July 2019 Lords Chamber

[Lord Clement-Jones]

To ask Her Majesty’s Government what assessment they have made of the (1) imposition, and (2) operation, of public spaces protection orders.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, we introduced public spaces protection orders, or PSPOs, through the Anti-social Behaviour, Crime and Policing Act 2014 to enable local councils to tackle anti-social behaviour in public spaces. The Home Office does not centrally collate data on the number issued. Our statutory guidance makes clear that PSPOs should be used appropriately and proportionately. The effect of the powers is kept under review through a national anti-social behaviour strategic board.

[Lord Clement-Jones (LD)]

My Lords, the Minister was very constructive the last time we discussed these issues and helped to change the statutory guidance on PSPOs. However, they are increasing at a faster rate than ever and continue to target homeless people, with bans on begging and rough sleeping. Will the Government now admit that the statutory guidance has not achieved its intended aim? Is it not now necessary to enforce the guidance properly, give better means of appeal against the imposition of a PSPO, or change the original powers?

[Baroness Williams of Trafford]

I thank the noble Lord for his kind words. He is absolutely right: following his concerns and those of the noble Lord, Lord Kennedy of Southwark, 18 months ago we published the updated statutory guidance to make it clear that PSPOs should not be used to target people based solely on their being homeless. As I said, they should be used proportionately and appropriately.

[The Earl of Clancarty (CB)]

My Lords, will the Minister admit that the powers that PSPOs give are too great and wide-ranging? Their use can extend to sweeping real concerns, such as rough sleeping, under the carpet, as the noble Lord, Lord Clement-Jones, said, through criminalisation, as more than 50 councils have used those powers, and to restricting personal freedoms, including the right to protest in a public space. Is it not time that PSPOs were scrapped?

[Baroness Williams of Trafford]

I do not think residents affected by anti-social behaviour would agree with the noble Earl. It is important that these powers are kept in force, as residents should be able to live their lives without the effects of anti-social behaviour—literally on their doorsteps in some cases.

[Lord Paddick (LD)]

My Lords, I have been in your Lordships’ House only for almost six years, but I have lost count of the number of times that we have explained to the Home Office how its legislation as drafted could be misused. The Government then say that they do not intend the legislation to be used in that way. Trusting local authorities or the police to use legislation only in the way intended is no longer good enough. When will the Government incorporate measures into legislation to ensure that it cannot be misused?

[Baroness Williams of Trafford]

The noble Lord may be referring to the rough sleeping strategy and how the Home Office uses it. The Home Office is not looking to trick rough sleepers into providing their data to be used for enforcement purposes—a criticism that has been made against us. However, we have been working with local authorities and charities to design an information-sharing protocol that protects the rights of vulnerable individuals but also allows for the effective operation of the RSS.

[Lord Rosser (Lab)]

What is needed is not just to stop the inappropriate use of PSPOs but for the Government to change their policy and provide cash-strapped local authorities and other agencies with the resources to bring homelessness—which is not a crime—to an end for good, through personal support, assistance into employment and more genuinely low-cost housing, including social housing to rent. Reference has been made to the fact that the Home Office had to update its guidance at the end of 2017. This now states that PSPOs,

“should not be used to target people based solely on the fact that someone is homeless or rough sleeping”.

Why was this not included in the guidelines from day one? What effective check and redress is there, even now, to ensure that PSPOs are not continuing to be used inappropriately against those who are homeless or rough sleeping? The use in the updated guidelines of the word “solely”, which the Minister herself stressed, looks like a significant potential loophole.

[Baroness Williams of Trafford]

The noble Lord will recognise that the reasons for rough sleeping are many and complex and the sole fact that someone is homeless is not, in itself, a reason to slap them with a PSPO. On housing, we are investing £9 billion in more affordable homes across the country and have delivered over 400,000 such homes since 2010.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, anti-social behaviour has taken many forms over the years. In my experience, dealing with it can also take several forms. One of the easiest is to have sufficient police officers on the street to nip it in the bud as it occurs. That always proved valuable in my time. The problem at present is that we do not have the front- line officers with time to deal with it courteously and compassionately.

[Baroness Williams of Trafford]

Policing is only one aspect of dealing with rough sleeping and homelessness, which are different things. The noble Lord is absolutely right that we need police on the streets, hence my right honourable friend the Home Secretary’s ambition to have far more of them. The rough sleeping initiative has allocated £46 million this year to 246 areas. This has funded an estimated additional 750 staff and more than 2,600 bed spaces across England.

[Lord Pannick (CB)]

My Lords, the Minister said in answer to the noble Lord, Lord Clement-Jones, that the Home Office keeps these powers under review. Can she explain how that is being done, given that she also said in answer to the noble Lord that no central records are kept of when these powers are used and for what purposes?

[Baroness Williams of Trafford]

On keeping things under review, of course the Government keep all legislation under review. While we do not hold that data centrally, local authorities hold the data. How effectively legislation works is played out in the effect of the legislation in question.

Migrant Children: Welfare

Baroness Williams of Trafford Excerpts

Tuesday 9th July 2019 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I thank the right reverend Prelate the Bishop of Durham for securing this important debate. All children should have access to the support that they need to keep them safe and well, regardless of their immigration status. The Project 17 report, which is the subject of this debate, concentrates on local authority support provided for families with “no recourse to public funds” under Section 17 of the Children Act 1989. In particular, it focuses on those families who are destitute because they cannot claim benefits, or access social housing, due to their immigration status. These families turn to local authorities for support under Section 17. It might be helpful if I set out the main points of the Government’s position, as approved by Parliament, when it comes to no recourse to public funds, and then move on to address the recommendations in the Project 17 report that are for central government. I cannot do the latter without including local authorities, which are faced with the challenge of making these assessments and providing support of the right kind when it is required. Quite often local authorities are supporting children at a time when things in their parents’ lives are not as they should be, including the parents’ immigration status. It is therefore important to recognise the priority placed by local authorities on the performance of their duties under the Children Act. These and other measures are vital in ensuring that children have their needs met, regardless of their parents’ status. I note the point made by the noble Lord, Lord Russell, about the LGA’s next campaign.

The Government’s position on no recourse to public funds is simply that those seeking to establish their family life in the UK must do so on a basis that prevents burdens on the taxpayer and promotes integration. I stress that this position has been approved by Parliament in primary legislation, most recently in the Immigration Act 2014. The noble Lord, Lord Roberts of Llandudno, and other noble Lords, might like to note the date. To address the point made by the noble Lord, Lord Watson of Invergowrie, successive Governments have adopted the general position that persons subject to immigration control should not be entitled to access public funds until they have obtained indefinite leave to remain, reflecting the strength of their connection to the UK. There are, of course, exceptions for certain groups, such as refugees granted temporary leave to remain for a period before they qualify for settlement.

On that basis, no recourse to public funds is a standard condition applied to those staying here with a temporary immigration status. It protects our public funds, which need to be allocated in a fair and rational way, and which are never quite as limitless as people might wish. To balance this, and to provide for exceptions, we have laws which allow for needs to be met, particularly among children and the vulnerable. These too, and the resources involved, need to be applied in a fair, consistent and rational way. For those with a right to remain here established on a human rights basis, no recourse to public funds is a standard condition. It can be lifted, but only on the basis of a personal application. These requests receive careful consideration in the light of the applicant’s circumstances and the welfare of any children involved. This is not the case for those who have been refused leave to remain in the UK and whose appeals have been turned down by the courts. Those individuals are expected to leave the UK and are not eligible for support from public funds. This is an obvious and essential requirement of immigration control.

However, there are sometimes barriers to individuals leaving the UK; for instance, the difficulty of obtaining documentation from their own national authorities. Parliament has accepted that, as a result, they may qualify for local authority support, where this is necessary to avoid breaches of human rights obligations, and where children are involved. This is the main group brought to our attention by the Project 17 report. The Government’s view is that the right legal framework exists for providing them with support. This reflects that for those with no right to be here the support is available if it is necessary to avoid a breach of their human rights. Underpinning this, support can also be provided under Section 17 of the Children Act when the specific needs of the children of the family call for such supportive intervention. Therefore, families with no recourse to public funds due to the lawful operation of immigration control can still be supported by local authorities when their individual circumstances and the needs of their children require this. Decisions on providing this support are made locally, by the individual local authority concerned.

Therefore, while the Government maintain their position on lawful residence, and that family migration should not create burdens on the taxpayer, various provisions work together so that support can be provided to families in genuine need. Essentially, this can happen in one of three ways. First, asylum-seeking families with children can receive support under Section 95 of the Immigration and Asylum Act 1999 if they cannot provide for their own needs. Secondly, individuals and families with children may also be granted access to public funds by the Home Office, following a request for this, where there are compelling circumstances relating to destitution, the welfare of a child or exceptional financial circumstances. Thirdly and finally, local authorities can also provide basic safety-net support to families with children, using their own powers.

The Government recognise that local authorities are delivering in a challenging environment and have had to make difficult choices as they work to meet the needs of the most vulnerable while balancing the books. The noble Lord, Lord Rosser, referred compellingly to this. A further £410 million has been allocated in 2019-20 for local authorities to invest in adult and children’s social care services. This is on top of the forecast core spending power of £46.4 billion available to local authorities this year. Free school meals are available to disadvantaged families in receipt of certain benefits. Eligibility can include those granted refugee status and children of immigrants and refugees who are receiving support under Part VI of the Immigration and Asylum Act 1999. The Home Office is also able to exercise discretion to grant recourse to public funds where the family would otherwise be destitute, and this can lead to the child becoming eligible for free school meals, depending on the benefits involved.

The noble Lord, Lord Rosser, asked about childcare, because the Project 17 report recommended that 30 hours of free childcare should be made available to families with no recourse to public funds. That scheme is intended to help parents undertake paid work or work more hours if they wish and to support working parents with the costs of childcare. A range of free early education entitlements are available to support young children’s learning and development. All three and four year-olds, regardless of their or their parents’ immigration status, are entitled to 15 hours a week of free early education for 38 weeks of the year until they reach compulsory school age. Free early education is also available to some disadvantaged two year-olds, including looked-after and adopted children, those with an education, health and care plan, and children from families who are receiving support under Part VI of the Immigration and Asylum Act 1999. I noted with interest the point made by my noble friend Lord Moynihan about mental health and education and the Green Paper on children’s mental health. I agree with him on the importance of maintaining good mental health through education. If I can, I will write to him on the Green Paper.

I also note, and support, the point made by the noble Lord, Lord Watson of Invergowrie, about the importance of the English language for integration; it is vital. As he said, it is also vital for seeking work and contributing to the economy. Most noble Lords, including the noble Lords, Lord Roberts, Lord Paddick and Lord Watson, talked about asylum seekers not being able to work. Asylum seekers are supported by the Home Office while their applications are being resolved. Although it is right that they should not access the labour market during this time, they are not being required to live without adequate support. The support has been approved by the courts. They are able to work after 12 months if their application is not resolved, and most are resolved within that time. Successful asylum seekers are of course entitled to work. Those who are not successful are not entitled to work, but support is not withdrawn if they have children.

The right reverend Prelate the Bishop of Durham asked what data is currently collected on the number of children affected by this. Local authorities keep data on the number of migrant families they support, and this includes the number of children. The data can be obtained from the NRPF Connect database owned by the local authority. The impact is mitigated by a combination of measures: principally, it can be lifted because of the needs of children following an application from their parents. This is rational and fair. He also asked me whether, if people are legally here, we should support them. Successive Governments have maintained that access to public funds should be at the point of permanent residence.

I must respond on the phrase “hostile environment”. I have said before that it was coined under Alan Johnson and the term was stopped under my right honourable friend the Home Secretary. The noble Lord, Lord Paddick, is absolutely right that the very term goes to the culture of the department in question, and I hope that under my right honourable friend, myself and other Ministers—

[Lord Roberts of Llandudno]

My Lords—

[Baroness Williams of Trafford]

I am not going to allow the noble Lord to intervene, because I have six seconds left, but he talked about the plight of children around the world and I want to make one point before I finish. In terms of Europe, through the national resettlement schemes we have resettled more people than any EU state: 9,500 UASCs have been resettled since 2016 and 36,500 children have been granted our protection since 2010. To make the analogy with Yad Vashem is absolutely—I cannot see how that analogy can be placed at the feet of this Government. This Government and this country have provided a very welcoming environment for people who have needed our protection over the years.

I think I have addressed the point made by my noble friend Lord Moynihan, so I thank all noble Lords for taking part in this debate.

Children: Criminal Exploitation

Baroness Williams of Trafford Excerpts

Tuesday 9th July 2019 Lords Chamber

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what is their response to the report by The Children’s Society, Counting Lives: responding to children who are criminally exploited, published on 5 July.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, criminal exploitation associated with county lines drug dealing has a devastating impact on those affected. We must continue to work together to identify and safeguard the victims and potential victims of this exploitation as early as possible. We will carefully consider the findings from the Children’s Society’s report as we continue to strengthen our response to county lines.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, in January 2019 the National Crime Agency and the National County Lines Coordination Centre co-ordinated a series of drug raids which resulted in 600 arrests, with 400 vulnerable adults and 600 children being offered safeguarding advice, but only 40 referrals to the national referral mechanism. Does the Minister agree that we need to implement a national strategy for child criminal exploitation to ensure that statutory services across the UK can recognise the signs of exploitation and offer the support that children need?

[Baroness Williams of Trafford]

The figures I have before me are slightly different to the noble Lord’s. I understand that they led to over 1,600 arrests and over 2,100 individuals safeguarded, but I absolutely agree with him; I do not think anyone would disagree that there needs to be a multiagency approach to this. As he will know, the public health approach consultation has only just closed. In terms of the NRM process, the Home Office is leading a review of first responders which considers the training provided and how to refer a victim to the NRM, and the support that is available through it. The final recommendations of that review will be published in due course.

[Lord Paddick (LD)]

My Lords, the criminal justice system acknowledges that women subject to coercive control who attack their abusive partners may be the victims of crime rather than perpetrators. What are the Government doing to encourage all the agencies in the criminal justice system to acknowledge that vulnerable young people who commit criminal acts under the coercive control of criminal gangs may also be victims rather than perpetrators?

[Baroness Williams of Trafford]

The noble Lord and I have discussed this at length, and I do not disagree that someone who is caught up in county lines activity or similar types of activity is both a victim and perhaps a perpetrator through the coercion of a third party. He will know that the knife crime prevention orders—I know he disagreed with them—were introduced in an attempt not to criminalise children but to divert them out of the activity in which they had become involved or into which they had been coerced.

[The Lord Bishop of Chelmsford]

My Lords, following up on that last question, the grooming patterns of children and young people, whether for sexual exploitation or criminal exploitation, are almost exactly the same. It took us ages to achieve a proper definition of exploitation of children in the sex industry. We should not make the same mistake again. It seems that what we need to do, and I ask the Government to consider this, is create a legally binding definition of child criminal exploitation that makes it absolutely clear that the vast majority of these children, some as young as 10 years old, are victims.

[Baroness Williams of Trafford]

The right reverend Prelate makes an important point. The Serious Violence Strategy, which we published in April 2018, contains a government definition of child criminal exploitation, which is commonly used to describe child exploitation associated with county lines drug dealing. There is robust legislation alongside that to prosecute those who exploit children for criminal purposes.

[Lord Howarth of Newport (Lab)]

Does the noble Baroness recognise that as long as the Government persist with policies that hand control of the drugs market to organised crime, we will continue to see the appalling exploitation of children through county lines?

[Baroness Williams of Trafford]

The approach we have taken over the last few years has been central to government policy and a major priority of the Government; indeed, the Home Secretary chairs the serious violence task force. That demonstrates that we are not only taking this seriously but exploring all the routes into county lines and drug activity from young people.

[The Earl of Listowel (CB)]

Does the Minister recognise that children in care are particularly vulnerable, especially those in children’s’ homes and 16 and 17 year-olds placed in supported accommodation? Will she speak to her colleagues about ensuring that, in the comprehensive spending review, local authorities are adequately funded so that they can give the very best support to those particularly vulnerable children?

--- Later in debate ---

[Baroness Williams of Trafford]

I totally agree with the noble Earl. Children in care are vulnerable for all sorts of reasons, and we estimate that children who are vulnerable to county lines activity are generally between the ages of 15 and 17 and are generally boys, although not always. A child in care needs a safeguarding wraparound like no other.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, a few weeks ago I asked the Minister about the issue of child spies: children who are caught committing drugs offences, for example, by the police, who then send them back into the gangs to be spies for the police—it is an incredibly dangerous manoeuvre. A whistleblower told me that the police were apparently going to ramp up the numbers, and the Minister said that she would check for me. Does she have any information on that?

[Baroness Williams of Trafford]

I do not have any up-to-date information for the noble Baroness, who refers to juvenile covert human intelligence sources. I understand her point, but we must not forget that there are very few of them, as the report stated, and that they are used only in very rare cases. As the noble Baroness pointed out, those children may well have been involved in that sort of activity.

Independent Inquiry into Child Sexual Abuse

Baroness Williams of Trafford Excerpts

Thursday 4th July 2019 Lords Chamber

[Lord Campbell-Savours]

To ask Her Majesty’s Government what discussions officials from the Home Office have had with the Independent Inquiry into Child Sexual Abuse in the last month.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, as sponsors to the inquiry, Home Office officials have a responsibility to protect the inquiry’s independence and ensure that it has the resources it needs to deliver its terms of reference, as set out in the IICSA management statement. Regular discussions have taken place in the last month regarding such sponsorship.

[Lord Campbell-Savours (Lab)]

My Lords, is it not ironic that, while so-called complainants with substantial criminal records are accorded anonymity as witnesses before IICSA, those who stand accused, such as Harvey Proctor and Lord Janner, still have no anonymity, no right to cross-examine witnesses and no right of defence, and can still be freely attacked, even when they are dead? IICSA is not listening to Parliament. Is this not precisely what Sir Cliff Richard was referring to yesterday when launching the FAIR campaign, a petition for pre-charge anonymity now being supported by thousands every day? The law is an ass and should be reformed. I ask noble Lords to listen to the excellent episode of “The Moral Maze” broadcast last night on BBC Radio 4, in which these matters were dealt with beautifully.

[Baroness Williams of Trafford]

My Lords, on the first point, the hearings are inquisitorial and enable the inquiry to test witnesses and their evidence. All core participants are provided with the evidence; their legal teams are permitted to propose questions for the witnesses and apply to the chair for permission to put them. Regarding the point that the noble Lord made yesterday, I cannot comment on the handling of specific investigations but, as I said then, current police guidance is very clear and adopts a similar approach to that advanced by the petition to which the noble Lord refers. Suspects’ identities should not be released before charge, save in exceptional circumstances and with proper oversight. I am not aware of evidence to suggest that the police are not following that guidance.

[Lord Paddick (LD)]

My Lords, for too many years, victims of child sexual abuse have been ignored; it is now their time to be heard. What consideration have the Government given to special provisions where serious allegations of child sexual abuse are made against those who have died or are otherwise unable to defend themselves?

[Baroness Williams of Trafford]

I wholeheartedly agree with the first part of the noble Lord’s question. For too long, those victims have been ignored. On the anonymity to which he refers—we talked yesterday about his Bill—I explained in my Answer to the noble Lord, Lord Campbell-Savours, about the presumption of anonymity, save in exceptional circumstances.

[Lord Cormack (Con)]

My Lords, does my noble friend accept the seething discontent in your Lordships’ House about the way in which the reputations of Sir Edward Heath, Leon Brittan and Greville Janner have been trashed? Can she not see that this House wants something like a royal commission to be set up on this issue, appointed by the Government and given six or nine months to report?

[Baroness Williams of Trafford]

I of all people am very aware of the anger in your Lordships’ House. Let us get to the heart of what IICSA is about: I am also aware of the historic issues that need to be tested and explored through that inquiry, for all those people for whom some of the historic events have not yet been addressed.

[Lord Rosser (Lab)]

As the Minister said, the College of Policing’s guidelines advise officers not to,

“name those arrested, or suspected of a crime, save in exceptional circumstances where there is a legitimate policing purpose to do so”.

Yesterday, in the debate on the Question in the name of the noble Lord, Lord Lexden, two noble Lords referred to the desirability for a judge or a court to have to approve the release by the police of the name of an individual arrested or suspected of a crime but not charged, as opposed to that approval being given, as now, by a chief officer following consultation with the Crown Prosecution Service. I am not quite sure of the Government’s position on this point. Do they believe that the present College of Policing guidelines satisfactorily address the issue of anonymity until charged for those arrested or suspected of any offence, or are they now seriously considering whether the decision to name an individual not yet charged should be judicial, rather than for the police?

[Baroness Williams of Trafford]

Perhaps it would be helpful if I went over what I said yesterday. The College of Policing’s authorised professional practice guidance on relationships with the media makes it clear that suspects’ names should be released to the media prior to charge only in exceptional circumstances if there is a legitimate policing purpose to doing so—for example, where there is a threat to the public or for the prevention and detection of crime. This approach recognises that there is a risk of unfair damage to the reputations of those arrested, particularly if they are never charged. The noble Lord asks whether we support this approach. Yes, we do; as I said to the noble Lord, Lord Campbell-Savours, we have every evidence that the police are sticking to that guidance.

[Lord Lexden (Con)]

Does the new guidance mean that never again will a police officer pronounce, having talked to a complainant, that his evidence was credible and true?

[Baroness Williams of Trafford]

The issue of Operation Conifer allowed the police to look at the guidance and make sure that it is as clear as it can be. As I said, there is no evidence that the police are flouting that guidance. I hope that that situation will continue.

[Baroness Hussein-Ece (LD)]

My Lords, child abuse is endemic in many institutions and has been historically. What is being done to ensure that people who are now older, but who suffered so terribly in different institutions, are still encouraged to come forward, give evidence and seek justice? We know that many have already committed suicide or died, but it is very important that we do not forget that those children and young people need protecting.

[Baroness Williams of Trafford]

The noble Baroness is absolutely right; many of those children are now well into adulthood, and it is very important that people feel that they can come forward and give their testimony to the inquiry. More than 320 individual victims and survivors are participants in the inquiry, as well as a number of other survivor groups and institutions. To date, the inquiry has received almost 2 million pages of evidence, while more than 300 witnesses have given evidence.

Sexual Offences: Anonymity

Baroness Williams of Trafford Excerpts

Wednesday 3rd July 2019 Lords Chamber

[Lord Lexden]

To ask Her Majesty’s Government what assessment they have made of the petition calling for anonymity for those accused of sexual offences until charged.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Government believe that there should in general be a right to anonymity before the point of charge in respect of all offences, but there will be exceptional circumstances where there are legitimate policing reasons for naming a suspect.

[Lord Lexden (Con)]

My Lords, does not this petition bring home to us all the misery and distress endured not just by well-known figures but by scores of innocent men and women up and down our country, whose lives have been ruined because police officers decided that allegations of child sex abuse should always be believed and divulged their names before charges were laid? In one notorious case, the police went further. Who can forget the truly shocking spectacle of a senior police officer standing outside Sir Edward Heath’s house in Salisbury and appealing for evidence through which his reputation could be destroyed? It is an injustice which continues to cry out for the independent inquiry which the Government have shamefully denied him, in defiance of the wishes of this House. Surely action should now be considered in response to the petition to strengthen protection for that precious fundamental right: the presumption of innocence.

[Baroness Williams of Trafford]

My noble friend will know that once a petition reaches 10,000 signatures, the Government can consider it for debate—I know I do not need to tell him that. He will also know that the release of suspects’ names by the police is governed by the College of Policing’s guidance on relationships with the media. Although I absolutely recognise the points made by my noble friend about some high-profile cases, we are not aware of any recent evidence to suggest that the police are not adhering to the guidance.

[Lord Morgan (Lab)]

My Lords, does not the noble Lord raise a very important point about the frail basis that the police rely in arriving at the facts in these matters and how it is desperately necessary to have an independent view? In the case of Sir Edward Heath, the police said that the evidence was compelling and true; we now know that it was essentially made up. Is it not deplorable that in cases such as these the police are acting not as the custodians of civil liberties and the rule of law but as a major threat to them?

[Baroness Williams of Trafford]

My Lords, first, I should apologise: I said that 10,000 signatures were needed; I meant 100,000 signatures. On the noble Lord’s point about independence and the presumed culpability of those who have been accused, the report stipulated that no inference of guilt was to be drawn but that the individual would have been interviewed under caution.

[Lord Paddick (LD)]

My Lords, does the Minister agree that being accused of many offences, including those of dishonesty, can have a devastating impact on someone’s reputation? Will she meet me to discuss whether the Government will support my Private Member’s Bill that would provide anonymity after arrest, which gives allegations credibility, until someone is charged for all offences unless a judge orders otherwise?

[Baroness Williams of Trafford]

I would be very happy to meet the noble Lord—in fact, we met before his Bill had its Second Reading.

[Viscount Hailsham (Con)]

My Lords, may I say to my noble friend, in support of what has just been said by the noble Lord, Lord Paddick, that the best way forward is to have a presumption in favour of anonymity but to provide the courts with a right to disapply the presumption in the event that the court is satisfied that there is good reason, on application by either party; for example, to obtain evidence that might assist the prosecution or the defence?

--- Later in debate ---

[Baroness Williams of Trafford]

It might assist my noble friend if I say that the College of Policing’s authorised professional practice guidance on relationships with the media highlights the importance of respecting a suspect’s right to privacy. It states:

“Police will not name those arrested, or suspected of a crime, save in exceptional circumstances where there is a legitimate policing purpose to do so”.


The naming of an arrested person before they are charged must be,

“authorised by a chief officer”,

who must ensure that the Crown Prosecution Service is consulted.

[Lord Campbell-Savours (Lab)]

My Lords, how can the Government ignore this petition, which has been signed not by 10,000 people in the last 24 hours, as the Minister said, but by nearly 20,000 people? In the Janner case the police, before charge, placed an advert in the local media, with a phone number, calling on so-called Janner accusers to come forward. They did, with the result that there was a flood of compensation claims under the Criminal Injuries Compensation Scheme from people, most of whom had criminal records, all of which have now been withdrawn. There is something wrong with the arrangements as they currently exist and this petition, signed by all these people, is very important. It should be taken seriously by the Government.

[Baroness Williams of Trafford]

My Lords, I am not suggesting at all that the petition is not being taken seriously. The independent inquiry into historical child sexual abuse is taking a very robust approach to the institutional responses to those historical allegations of child sexual abuse.

[Lord Marlesford (Con)]

My Lords, are there any circumstances in which this Government will commission a judicial review into the handling of the case against Sir Edward Heath?

[Baroness Williams of Trafford]

I think I have made it clear to the House that my right honourable friend the Home Secretary does not intend to institute such a review.

Knife Crime

Baroness Williams of Trafford Excerpts

Thursday 27th June 2019 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I start by thanking the noble Lord, Lord Paddick, for introducing this debate on the impact of government policy on knife crime. I also thank all noble Lords who have taken part in this important wide-ranging debate, and join the noble Lord, Lord Paddick, in commending organisations such as Redthread for the invaluable work they do, in many cases saving young people’s lives.

A comment was made by the noble Lord, Lord Browne of Ladyton, about the briefings. I would love the House authorities to make those briefings available online, because sometimes Ministers do not actually get them. I have full support for that. I agree with many of the sentiments that have been expressed this afternoon, particularly on the complexity of this matter, as the noble Lord, Lord Rosser, said. The violence we are seeing on our streets is a major concern to us all, with people becoming both victims and perpetrators, as the noble Lords, Lord Dholakia and Lord Rosser, and the noble Baroness, Lady Hamwee, said. We have heard movingly today from the noble Lord, Lord Scriven, about the victims of knife crime and their families in his area of Sheffield. Our hearts go out to all of those who have been affected by violence. There was one such incident the other week, literally around the corner from my house. I cannot begin to imagine the pain and suffering of parents and families who have lost their loved ones.

The noble Lord, Lord Paddick, spoke also of the latest tragic such incident here in London, reported just this morning, and the noble Lord, Lord Browne of Ladyton, mentioned the cycle of repeated offending that needs to be stopped in its tracks and prevented by a public health approach—the noble Lord, Lord Rosser, is right that people are hotfooting it to Scotland to see the fantastic work that has been done up there.

The Home Secretary has described knife crime as a national emergency that we must tackle head on. This is why the Government have put in place a major programme to tackle knife crime and serious violence on a range of fronts. This absolutely includes supporting the police in taking the action needed to address the violence that we are seeing—as my noble friend Lord Wasserman said—but, as we have heard today, important though tough enforcement is, it is not the whole solution. My noble friend talked about a “two-pronged approach”, both national and local, to address this problem. I agree. The noble Lord, Lord Hogan-Howe, talked about both a short-term and a long-term approach. Who knows better than he does? I pay tribute to his work in bringing down the incidence of knife crime here in the capital.

Perhaps I may start by discussing the national approach. The Government’s serious violence strategy, published last April, balances the need for tough law enforcement with a greater emphasis on prevention and early intervention to stop young people being drawn into violence in the first place before it is too late. It is also clear that it is a matter not just for the police; it needs a multiagency approach, as many noble Lords have said, so that we can tackle violent crime and its causes effectively.

I was disappointed to hear the noble Lord, Lord Paddick, being critical of the Government’s strategy, as I do not think that our approaches are that far apart. The serious violence strategy sets out the overall approach that the Government are taking. It stresses the importance of a multiagency response, with education, health, social services, housing and youth services all playing their part—as the right reverend Prelate the Bishop of St Albans said. The noble Baroness, Lady Hamwee, asked me about the consultation on the public health approach. As she will know, it has only just closed, but we will respond to it in due course.

The strategy also underlines the importance of tackling the drivers of serious violence. It recognises, for example, how changes to drugs markets—which the noble Lord, Lord Hogan-Howe, talked about today and has done so previously—and the spread of county lines are driving much of the serious violence that we are seeing. My noble friend Lord Cormack also referred to that. The noble Lord, Lord Hogan-Howe, talked about the upstream effort to prevent the importation of drugs. I know that he will be pleased to hear that 2.1 tonnes of cocaine have just been seized in Cornwall, which is a very good outcome—that is just the latest seizure. As the noble Baroness, Lady Meacher, said, the Home Secretary has appointed Professor Dame Carol Black to undertake an important—and independent—review of drugs, which will inform our approach. I note the noble Baroness’s disappointment that drug law is not within the scope of the review, but I admire her persistence in raising this issue at appropriate moments. We do not have any intention to change the law to legalise illicit drugs, but I would be very happy to meet her if she would like me to do so.

The noble Lord, Lord Scriven, talked about how great the troubled families programme was. It was an absolutely brilliant programme. I was in DCLG at the time and was compelled by the, in effect, public health approach that it took in respect of families for whom there might have been several interventions from different agencies all the time, whereas this programme took a whole-family approach. I am pleased to say that it is still going.

I hope that noble Lords will find it helpful if I provide an update on the progress that we are making—particularly the noble Lord, Lord Browne of Ladyton, who asked me to outline it. Perhaps I may talk first about early intervention and prevention, about which the noble Lords, Lord Storey, Lord Browne of Ladyton and Lord Rosser, and the noble Baroness, Lady Pinnock, all asked. Our focus on prevention includes the £22 million Early Intervention Youth Fund, which supports approaches that work with young people at risk of criminal involvement, gang exploitation or county lines to turn them away from violence before it takes a grip. Noble Lords may have seen that the Home Secretary announced yesterday that a further 11 projects will receive funding this year from that fund in addition to the 29 projects in England and Wales already doing so. That is in addition to the £200 million Youth Endowment Fund. This major new fund is about the long-term change that noble Lords have talked about, delivering a 10-year programme of grants that will enable interventions targeted at children and young people who are most at risk, and acting as a centre of expertise. The Government’s approach includes the #knifefree campaign mentioned by the noble Lord, Lord Rosser. Mostly on social media, it is working to educate young people about the dangers of carrying knives, using real-life examples to challenge the false perception that carrying a knife somehow makes you cool or safer or that everyone is doing it. The noble Lord talked about it being done in the lead-up to the summer holidays but asked, “What about the other 51 weeks of the year?”. He is right. The summer holidays can be a particular flashpoint for issues such as this, but it is not that we are taking a one-week approach; it is that some of our campaigns are timed for when the dangers might be greatest.

I absolutely agree with the noble Lords, Lord McNally and Lord Addington, about the importance of sport for young people. I might have told this story before, but I remember when my son went to secondary school and the headmaster said, “Never worry that your son is doing too much sport”. He was so right. Sport not only improves people’s mental health but it keeps them in a routine, and it is a great achievement for some of the things that you can go on to do within sport.

The noble Lords, Lord Paddick, Lord Dholakia, Lord Rosser and Lord Hogan-Howe, talked about supporting the police. Of course it is true that if we do not support the police this problem will get worse. I know that my right honourable friend the Home Secretary has acknowledged the demands being placed on the police, which have increased in the past few years. We recognise that they are on the front line in tackling those who carry knives. That includes the national weeks of action under Operation Sceptre mentioned by the right reverend Prelate the Bishop of St Albans. The last week of action in March saw more than 1,300 arrests and almost 11,000 knives taken off the streets. It is vital that the police have both the powers and the resources they need to tackle serious violence.

On resources, we have heard today about the importance of providing police forces and police and crime commissioners with the funding they need to recruit more officers to keep our communities safe. The Government have increased funding for the police by £1 billion this year, as the noble Lord, Lord Hogan-Howe, said, including through council tax and the new £100 million Serious Violence Fund which the noble Baroness, Lady Hamwee, talked about. I shall say more about the fund later, but it is worth noting that the overall settlement for the police this year represents the biggest increase in police funding since 2010. The partial answer—I am sure it is not the whole one—to why the amount going in does not seem to correspond to very many police officers is that there is always a lag between money coming in and police being recruited. I will try to answer that valid point more fully in writing.

The Serious Violence Fund was announced in the Spring Statement on 13 March to help the police’s immediate response in the force areas most affected by serious violence, and to invest in the development of violence reduction units. We have allocated £63.4 million of the fund to the 18 forces most affected by serious violence to pay for surge operational activity, such as increased patrols and weapon sweeps. We have also allocated £1.6 million to help improve the quality of data on serious violence, particularly knife crime, to support police planning and operations. The noble Lord, Lord Hogan-Howe, referred to this. Last week, the Home Secretary announced plans to allocate the remaining £35 million of the fund to support the establishment and development of violence reduction units in the 18 force areas. This is a true public health approach, based on the Glasgow model, so again I thank our Scottish friends. Violence reduction units will bring together representatives from the police, local government, health and education, community leaders and other key partners to develop a joint approach to tackling serious violence in local areas.

We are also supporting the police in their use of stop and search. The Government are clear that stop and search is an important police power and we encourage its fair, appropriate and proportionate use in helping to tackle serious violence. I note and support the point made by the noble Lord, Lord Hogan-Howe, about how we can also use better intelligence and technology to support that. Noble Lords may be aware that, to go further in supporting the police, on 31 March the Home Secretary announced changes to Section 60 stop and search powers, to make it simpler for officers in seven force areas to use these powers in anticipation of serious violence. The College of Policing is supporting forces with guidance on community engagement to address the issues of fair and appropriate use. I recall the noble Lord, Lord Hogan-Howe, speaking a few months ago about the importance of engagement with local communities. Other noble Lords have spoken about this today. This is a clear example of the Government stepping up when the police tell us that they need further support.

The noble Lord, Lord Paddick, and my noble friend Lord Cormack talked about county lines. We are working with the police to tackle this highly violent form of child exploitation, which we know is drawing vulnerable young people into carrying knives and serious violence. As part of the serious violence strategy, we have provided £3.6 million for the establishment of the new National County Lines Coordination Centre to enhance the intelligence picture and support cross-border efforts to tackle county lines. The centre launched in September last year and has overseen and carried out three separate weeks of operational intensification, leading to more than 1,600 arrests, more than 2,100 individuals being safeguarded and significant seizures of weapons and drugs.

On the public health approach, we know that there is no single solution to serious violence, and that no single agency can deliver a sustainable solution on its own. It is only by working together to tackle the root causes and prevent young people becoming involved that we will see lasting change. That was the underlying theme of the serious youth violence summit hosted by the Prime Minister at the beginning of April. A clear aim of the summit was to help forge a commitment to a multiagency public health approach to tackling serious violence. One immediate outcome of the summit was the establishment of a new ministerial task force, chaired by the Prime Minister, to drive action across government departments, supported by a new dedicated team in the Cabinet Office. The summit coincided with the launch of the Government’s public consultation on a new statutory duty to underpin the multiagency public health approach. The purpose of the proposed statutory duty is to make tackling serious violence a top priority for all key partners, by ensuring that agencies are working together to prevent young people being caught up in a life of crime and violence. The proposals set out in the consultation were not about giving new responsibilities to individual teachers, nurses or other front-line professionals; rather, they were about a new duty that would require public bodies such as schools, hospitals, councils, youth offending services and police forces to work better together, to share information and to jointly plan and target their interventions to prevent and stop violence altogether. As I said, the consultation closed at the end of May and we intend to publish the Government’s response shortly.

We have legislated through the Offensive Weapons Act to close the net around violent criminals by giving the police more powers to tackle knives, acids and firearms. In particular, it will make it illegal to possess dangerous weapons, including knuckledusters and zombie knives, in private. It will also bring in the new knife crime prevention orders. I note that the noble Lord, Lord Paddick, is still very sceptical about these; he has made his views clear before. However, the police have told us that they need the new orders to help divert at-risk young people from knife crime, not to criminalise them. I emphasise that to address the point made by the noble Baroness, Lady Meacher, and other noble Lords. We want orders to be preventive, not punitive. They are not an alternative to prosecuting those who are already acting violently, where existing criminal offences are more likely to be the appropriate course. The important point is that the orders will enable the courts to place on the holder restrictions, such as curfews or geographical restrictions, and positive requirements such as engaging in relevant interventions.

I am aware that time is running out. A number of noble Lords talked about school exclusions. The noble Lords, Lord Paddick, Lord Scriven, Lord Storey, Lord Addington and Lord Rosser, and the right reverend Prelate the Bishop of St Albans linked them to knife crime. We welcome Ed Timpson’s wide-ranging review of school exclusions, which adds considerably to our understanding of current practice. The noble Lord, Lord Rosser, outlined the very patchy picture of school exclusions. The review makes 30 recommendations to support children at risk of exclusion to remain in mainstream education, to ensure that permanent exclusion is used only as a last resort, and to reduce disparities in exclusion rates between different groups. We welcome those changes, which will ensure that schools remain accountable for the outcomes of the pupils who they exclude and place a register—oh, that flashing light has made me completely lose my place: I will shut up very shortly.

The right reverend Prelate the Bishop of St Albans talked about employment and about churches keeping their doors open. I commend them for that; people do feel that churches are a very safe place. My noble friend Lord Cormack talked about the importance of citizenship. I do not know if he has come across the fantastic National Citizen Service, introduced under the previous Government. The noble Lord, Lord Paddick, mentioned the importance of mental health. Redthread has been instrumental in working in hospitals, including mental health work. The noble Lord, Lord Dholakia, asked that we have just community sentences, rather than short ones. You cannot have a community sentence if the option of a custodial sentence is not available. As the noble Lord, Lord Hogan-Howe, said, custodial sentences have their place in some instances.

I have run out of time. I thank all noble Lords who have taken part in this debate.

Metal Theft

Baroness Williams of Trafford Excerpts

Wednesday 26th June 2019 Lords Chamber

[Lord Faulkner of Worcester (Lab)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and remind the House of my railway interests as declared in the register.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, we recognise the disruption and distress that metal theft can cause. That is why we supported the introduction of the Scrap Metal Dealers Act 2013 and continue to work with the police and industry to further improve the response. A rise in the value of metal may be a driver in recent increases in metal theft incidences. However, recorded offences in March 2018 are still 73% lower compared to March 2013.

[Lord Faulkner of Worcester]

My Lords, I agree with the Minister that the Scrap Metal Dealers Act has been very successful, not least because it was followed up by Operation Tornado and the activities of the scrap metal task force. However, figures for recent times, particularly the past two years, are not as good as the Minister indicated. In the case of railway and cable theft, for example, delays caused in the year up to 2019 are 83% up compared to the previous year. Will the Minister look at these figures again and pay particular attention to the need for stricter enforcement, while encouraging police forces to visit scrapyards to ensure that metal is not being sold for cash?

[Baroness Williams of Trafford]

I entirely agree with the noble Lord’s latter point about enforcement. As he said, it is up to local authorities and police forces to do that to deter the theft which we historically saw. His point about cash is also well made, but that was covered by the Act. The task force was never intended to be a long-term group, and was disbanded in 2014, following the successful implementation of the Act. In the specific case of railways, the national crime tasking and co-ordination group brings rail and telecoms together. It is organised by the national crime tasking and co-ordination group. In addition, we have the NPCC-led theft working group, chaired by the national policing lead, ACC Robin Smith.

[Lord Cormack (Con)]

My Lords, I speak as a vice-president of the National Churches Trust. Will my noble friend acknowledge that this is an increasing problem, particularly in rural churches, and will she meet a deputation from the National Churches Trust to discuss it?

--- Later in debate ---

[Baroness Williams of Trafford]

I totally agree with my noble friend that this issue is a problem for churches, but I would say that both rural and urban churches probably suffer from it. The sentencing guidelines on theft highlight that where a theft of heritage assets causes disruption to infrastructure, this should be taken into account when assessing the level of harm caused. I would be very happy to meet my noble friend and a delegation.

[Lord Paddick (LD)]

My Lords, in her Answer to a Question last week about the dramatic increase in catalytic converter theft, a Minister—it was not the noble Baroness, Lady Williams of Trafford—stated:

“Metal theft is down by 73% since the scrap metal Act was introduced in 2013”,


as the noble Baroness has just said. However, when challenged by the noble Lord, Lord Faulkner of Worcester, that Minister went on to say that,

“metal theft has increased by 30% over the past year”.—[Official Report, 20/6/19; cols. 841-42.]

I accept that both statements may be true, but is it not misleading to rely on the change since 2013 to create the perception that metal theft is not a current cause for concern when, clearly, it is?

[Baroness Williams of Trafford]

I do not think that my noble friend was trying to confuse the two figures. She acknowledged that although metal theft was up 30%, it was still down 73% since 2013. The two statements are not incompatible.

[The Earl of Clancarty (CB)]

My Lords, what strategies are in place to protect our public sculptures, some of which are vulnerable to metal theft? Are we fully aware of what we may have already lost in recent years and what has disappeared from our townscapes and other spaces, either through metal theft or for other reasons?

[Baroness Williams of Trafford]

The noble Earl raises the general issue of metal theft. In terms of an analysis of which sculptures are vulnerable, they are clearly protected from theft in varying degrees. I will take his point back to the department because I do not have any facts or figures on it in front of me. I do not suppose that sculpture is any less vulnerable to metal theft than other types of metal structures are.

[Lord Mackenzie of Framwellgate (Non-Afl)]

Bearing in mind that the theft of metal from railways, as referred to in the Question, can be very serious, is the Minister satisfied that co-operation between the British Transport Police and the local police forces which would probably check the scrapyards is as good and effective as it might be? I do not know whether it already does so, but is there a case for allowing the British Transport Police to check scrapyards in cases where there has been serious theft from railway premises?

[Baroness Williams of Trafford]

As I said to the noble Lord, Lord Faulkner, it is the job of the police and local authorities to enforce the lawfulness of scrap metal exchanges at scrapyards. As the noble Lord, Lord Mackenzie, said, the theft of metal from railway lines can be not only a treacherous undertaking but, in many cases, fatal. The deterrent must come from the point of view of protecting both the people who might take those risks and the scrapyards that might receive stolen goods.

[Baroness Browning (Con)]

My Lords, I support the points made by the noble Lord, Lord Faulkner, as together we piloted the Bill through your Lordships’ House. I appreciate that once an Act of Parliament is on the statute book, it is often left to others to make sure that it works, but I urge my noble friend to pay particular regard to rare earths. The Government must be well aware of the way that metal prices fluctuate. We should be as concerned about what is happening with rare earths and their usage as with any other commodity of which we have limited resources.

[Baroness Williams of Trafford]

I thank my noble friend and commend her on the part she played in passing the 2013 Act. I agree with everything she said. The British Metals Recycling Association has recently written articles about metal theft being on the rise due to the global rise in metal prices. It is pushing for certain amendments to the 2013 Act to combat this; we are working with it to consider the points it has raised.

Safeguarding Vulnerable Groups Act 2006 (Specified Scottish Authority and Barred Lists) Order 2019

Baroness Williams of Trafford Excerpts

Wednesday 26th June 2019 Lords Chamber

Moved by

[Baroness Williams of Trafford]

That the draft Order laid before the House on 20 May be approved.

Relevant document: 53rd Report from the Secondary Legislation Scrutiny Committee

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, as noble Lords will know, the Disclosure and Barring Service—the DBS—makes considered decisions regarding whether an individual should be barred from engaging in regulated activity, which is close, regular work with children, vulnerable adults or both in England, Wales and Northern Ireland. The DBS also maintains the lists of individuals it has barred from undertaking regulated activity with children or with adults. Individuals can be barred if they are convicted or cautioned for a relevant offence, such as sexual or violent offences, or if they are referred by their employer who is concerned that the individual poses a risk of harm to children or vulnerable adults.

Barring plays a key role in safeguarding children and vulnerable adults from those who pose the greatest risk of doing them harm. It is vital that employers are supported in making informed decisions about an individual’s suitability when they recruit for the most sensitive roles. As noble Lords will know, it is an offence for a barred individual to work or seek to work in regulated activity. This order relates to the process by which an individual may be barred from working with children or vulnerable adults and provides for greater recognition of barring decisions taken in other UK jurisdictions.

The order gives effect to provisions under the Safeguarding Vulnerable Groups Act 2006, also known as the SVGA, to ensure that barring decisions made under the law in Scotland are recognised by the DBS in England and Wales in cases where no additional information comes to light. In particular, an individual whom Disclosure Scotland decided not to bar cannot subsequently be considered for barring in England and Wales on the basis of the same information. To give effect to these provisions, the order specifies that the Scottish Ministers are the “relevant Scottish Authority”, and the lists maintained by the Scottish Ministers under the Protection of Vulnerable Groups (Scotland) Act 2007 are “corresponding lists” to those lists of barred individuals maintained under the SVGA.

As noble Lords will know, criminal records disclosure and barring are devolved matters. As such, it is important that the DBS and its Scottish counterparts work together and recognise each other’s decisions. The existing framework provides that an individual who is barred under Scottish legislation is also barred in England and Wales and vice versa. Therefore, an individual who has been barred in one jurisdiction cannot work with vulnerable groups by seeking employment in another.

The order gives practical effect to that recognition and ensures that effective safeguarding is maintained across the UK. This avoids the possibility of a “double jeopardy” situation for the individual where the DBS might bar an individual whom Disclosure Scotland had previously decided not to bar on the basis of the same information. It is already the case under Scottish law that Disclosure Scotland is not required to consider an individual for barring who has already been considered by the DBS.

A similar statutory instrument will be made by the Secretary of State under corresponding Northern Ireland legislation to ensure consistency across all three jurisdictions. As a result, each barring body will recognise barring decisions taken by another.

I hope that that is a simple explanation that noble Lords will feel able to support, and I commend the order to the House.

--- Later in debate ---

[Lord Paddick (LD)]

My Lords, I thank the Minister for explaining this order. I now understand why the noble Lord, Lord Rosser, wanted to speak first—I too am relying on the Secondary Legislation Scrutiny Committee’s 53rd report, so I will try to say things in a slightly different way.

I understand that the purpose of the order is to ensure that those placed on a barred list by the Disclosure and Barring Service in England, Wales and Northern Ireland are not also placed on the barred list in Scotland by Disclosure Scotland for exactly the same reason—so-called double barring—so that, if there is a successful appeal in one jurisdiction, the person does not have to go through a second appeal process in the other jurisdiction. I also understand that this protection against double barring was supposed to have been brought in in 2012 and is being done now simply because of an oversight, as the noble Lord, Lord Rosser, pointed out.

I further understand that the current computer systems do not allow automatic checking of the Disclosure and Barring Service against the Disclosure Scotland barred list but relies on the DBS, for example, asking Disclosure Scotland to do a manual search of their list if it believes the subject has a Scottish connection. There is no date, other than beyond January 2020, for changes being made to the IT systems to allow automatic checking, as the contract with the current IT company has been terminated but the system is being maintained by the current company until the new one takes over in 2020.

While I can understand the reasoning behind the protection against double barring, is it not in the overriding interests of public safety for the name to appear on both lists, rather than relying on the Disclosure and Barring Service making a specific request of Disclosure Scotland if, and only if, they suspect a Scottish connection, at least until the IT issues have been sorted out?

To avoid the scenario where a successful appeal to the Disclosure and Barring Service does not result in the barred person being removed from the Disclosure Scotland list, if the person is barred for exactly the same reason in Scotland, what is to stop the Disclosure and Barring Service, as a matter of course, alerting Disclosure Scotland whenever there is a successful appeal against inclusion in the England, Wales and Northern Ireland list, and vice versa? The Government have failed for seven years to implement the protection against double barring. What difference will another six months or so make, until a reliable IT system is in place that can automatically check one list against another, particularly as there seems to be a perfectly reasonable workaround—or have I misunderstood?

[Baroness Williams of Trafford]

My Lords, I thank noble Lords who have raised questions on this SI. Like the noble Lords, Lord Paddick and Lord Rosser, I requested that the whole thing be translated into English so that I could fully understand it—noble Lords will agree that the language is quite technical. I thank the noble and learned Lord, Lord Hope, for his general support for consistency being employed through the use of this statutory instrument.

The noble Lord, Lord Rosser, asked when the issue was identified and what the reason was for delaying the introduction of the SI. It was identified in May 2018 and was the result of a move of departments—to the Home Office. Departmental responsibility changed following its enactment and we think, as the noble Lord, Lord Paddick, said, that it was an oversight. Once the failure was identified, the Government brought forward the order at the earliest opportunity to give effect to paragraphs 6 and 12 of Schedule 3 to the SVGA.

The noble Lord, Lord Rosser, rightly asked about safeguarding gaps. No safeguarding gap is created by this order not having been in place. Individuals in Scotland, or England and Wales, who pose a risk of harm have continued to be subject to rigorous consideration and, where appropriate, included on the barred lists. It was an interim measure—although a rather long one—done by MoU. It is now, quite properly, done by statutory instrument in your Lordships’ House and in the other place.

The noble Lord also asked about out-of-court disposals. I totally agree with him that it is vital that employers have the right information when they are recruiting people to work closely with children, or indeed other vulnerable groups. That is why, in addition to details of convictions and cautions, the enhanced DBS check is referred to local police forces to include any information the chief officer believes to be relevant to the application, and ought to be disclosed. That might include details of a serious offence dealt with by a community resolution or other out-of-court disposal.

The noble Lord, Lord Rosser, also raised the question that was asked of my honourable friend in the other place, Victoria Atkins MP, about the international exchange of criminal records. She will write to the House on the subject and the response will be shared. I do not, I am afraid, have that answer in front of me at this point.

--- Later in debate ---

[Lord Rosser]

The Minister has certainly answered my questions, for which I am grateful, but I want to pursue one issue—I do so seriously and not frivolously. The secondary legislation committee had asked why, given that the restriction on duplication was introduced in 2012, it was only now being implemented. The answer came back that it was an oversight. My question is simply this: was that because of a breakdown in processes and procedures, or was it just bad luck? Has this been looked into? Is the Home Office taking steps to make sure that such a thing cannot happen again?

[Baroness Williams of Trafford]

What I do know is that it was originally brought in in 2009. I accept that the noble Lord would like more detail. I think that it is simply an omission, which we often correct in secondary legislation, but if there is anything further to add, I will get the information to him.

Motion agreed.

Homophobic Attacks

Baroness Williams of Trafford Excerpts

Wednesday 26th June 2019 Lords Chamber

[Lord Scriven]

To ask Her Majesty’s Government what assessment they have made of reports of a rise in the number of homophobic attacks.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the latest official data indicates an increase in police-recorded hate crime across all strands, including sexual orientation. The increase is mostly due to improved police recording. The latest Crime Survey for England and Wales indicates a downward trend in hate crime incidents overall over the past decade. However, any instance is one too many and the Government stand alongside all victims of this abhorrent crime.

[Lord Scriven (LD)]

I am sure that the Minister agrees that it is normal and natural for some people to be born gay but that it is not normal and natural to be born homophobic—that is a learned prejudice. That being the case, what more will the Government do to support schools teaching inclusive relationship education that face demonstrations outside their gates? These do nothing to help eliminate homophobic prejudice and violence.

[Baroness Williams of Trafford]

I totally agree with the noble Lord that nobody is born with prejudice in their heart: these things are learned only from the external environment. In terms of what the Government are doing to get this message over to children, who are not themselves yet full of prejudice, the Home Office has funded multiple projects aimed at tackling homophobic, biphobic and transphobic hate crime. These include the Kick It Out campaign, which is a football project; the Barnardo’s project, which works with schools in East Riding—I have visited the project and it is wonderful—and Galop, which produced and distributed a series of fact sheets and carried out research to understand and tackle online homophobic, biphobic and transphobic abuse. He will also have seen some of the campaigns that we have had recently on public transport.

[Lord Rosser (Lab)]

The Home Secretary, in his Conservative leadership campaign, pledged to put 20,000 more police officers back on the streets—a figure that is very similar to the reduction in the number of police officers since 2010. Previously the Government have sought to argue that the number of police officers does not affect the crime rate, and the Home Secretary, with his campaign pledge, has now managed the feat of going off-message on his own policy line. Does this mean that the Government now accept that the incidence of crime, including ugly homophobic attacks, is influenced by the number of police officers in post and not just by improved police recording, as the Minister has suggested, and that we are all now paying a price for the substantial cuts in police numbers since 2010?

[Baroness Williams of Trafford]

My Lords, I do not think I have ever shied away from this issue at the Dispatch Box. In fact, I quoted my right honourable friend the Home Secretary in saying that the police had faced unprecedented demands in the last couple of years, particularly from terrorist crimes. He has now pledged over £1 billion to enable the police to recruit an additional 20,000 police officers. I do not think he has ever tried to deny that there have been unprecedented demands on the police.

[Lord Cashman (Non-Afl)]

These attacks are a brutal reminder of inequality, where people are stabbed, beaten and abused for showing affection. I will make an observation and then ask my question. We are in dangerous territory indeed when some politicians seeking high office talk of sacrificing LGBT rights and the Secretary of State for Education hesitates before defending and supporting head teachers on relationship and sex education guidelines. What will the Government do to address their own findings that more than two-thirds of LGBT people fear discrimination on the streets, and how will they ensure that crimes based on someone’s sexual orientation, gender identity or disability are treated equally to those based on race and faith?

[Baroness Williams of Trafford]

I totally agree with the noble Lord’s points on inequality. While I have the opportunity, I wish Stonewall a happy 50th birthday. He is absolutely right that two-thirds of LGBT people feel they cannot express love for their partner in public; this was borne out in the survey that we carried out involving 108,000 people, the largest such survey in the world. On his point about head teachers too, I totally agree. Teachers should—and will—be able to teach children about the different types of relationships that exist in our world. As I mentioned at the Dispatch Box last week, comments in the press such as “Four year-olds are being taught about gay sex” completely misrepresent the situation.

[Baroness Barker (LD)]

My Lords, the law governing hate crime stems from the legislation on human rights and equalities. Conservatives have now indicated three times that they are going to scrap human rights law by 2020. In the year of Stonewall’s 30th—not 50th—birthday, does the Minister agree that this suggests that the legal protection for people in minority groups is somewhat under threat?

--- Later in debate ---

[Baroness Williams of Trafford]

I apologise for saying 50 instead of 30—

[Lord Cashman]

It is both.

[Baroness Williams of Trafford]

So we are both right: that is good; I was convinced it was about the same age as me—49, obviously. The noble Baroness is absolutely right. I am proud that this is such a tolerant country, a country so committed to equality. You will not find a finer example of tolerance and equality around the world than the UK.

[Lord Lexden (Con)]

My Lords, do the courts need any stronger powers in punishing homophobic crimes?

[Baroness Williams of Trafford]

The Law Commission has been commissioned to look into hate crime and whether there are any gaps in the law. The noble Lord, Lord Cashman, touched on this when he spoke about equality across sentencing. The Law Commission is due to report to us next year.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the Minister referred to the unprecedented nature of the challenges that the police face. While I do not in any way seek to underestimate those challenges, does she agree that what is unprecedented is not the challenges but the fact that the police are facing them with a severely depleted workforce?

[Baroness Williams of Trafford]

When I referred to unprecedented challenges, I was referring to the rise we have seen in recent years of cybercrime—an incredibly challenging crime to deal with—and terrorist incidents on the streets of this country. We acknowledge the fact that the police are under strain, hence my right honourable friend the Home Secretary’s announcement.