Police, Crime, Sentencing and Courts Bill Debate
Full Debate: Read Full DebateLord Berkeley of Knighton
Main Page: Lord Berkeley of Knighton (Crossbench - Life peer)Department Debates - View all Lord Berkeley of Knighton's debates with the Home Office
(3 years, 6 months ago)
Lords ChamberMy Lords, I am very happy to discuss Amendment 12, moved by the noble Lord, Lord Paddick. It is really interesting and certainly gives us cause to think about the issues he has raised about special constables being members of police forces in England and Wales, as they are in Scotland. It will be interesting to hear the Minister’s response as to why that is not appropriate, or whether the legal difference between England and Wales and Scotland with respect to specials is an important difference and there is some logical reason for it. It is certainly something for this Committee to think about. We are grateful to the noble Lord, Lord Paddick, for bringing this amendment forward.
We also very much support the provisions in Clause 3, which allow special constables to join the Police Federation. This is a long overdue change, so the Government are to be congratulated on bringing that forward.
It is really important for us to put on record—given that our proceedings are read by many outside and watched by others—what will be the Committee’s unanimous view of the importance of specials and the work they do. All, or many, of us will have been out with our local police forces on the beat. I have at times been out with the specials. It is important to remember that, when a special turns up at an incident in a uniform, with the full powers of the police constable, the people to whom he or she is going do not ask them whether they are a special or whether, because they are special, they do not somehow put themselves in danger in the same way that a full-time police officer would. They are just grateful that a police officer—a uniform—has turned up to support them.
It is really important for us to state in this Committee debate that we support the specials and value the work that they do across communities up and down the country. It is also worth reiterating the evidence given to the Bill Committee in the Commons by John Apter, who said that special constables
“stand shoulder to shoulder with my colleagues. They have exactly the same powers and they carry exactly the same risks.”
In that short phrase, John Apter has completely summed up our view of the work that they do. Alongside that, Chief Superintendent Paul Griffiths, president of the Police Superintendents’ Association, said that special constables
“epitomise the relationship between the public and the police”.— [ Official Report, Commons, Police, Crime, Sentencing and Courts Bill Committee, 18/5/21; col. 26.]
It is important, in this short debate on the amendment, to put that on the record. I know it will be the unanimous view of the Committee, but I am also interested in the noble Baroness’s response—sorry, the Minister is the noble Lord; I will get it right. I have been in the Commons for a long time and it takes a little while to get used to—I am nearly there.
The amendment from the noble Lord, Lord Paddick, raises an important issue on which we need some clarification, and I look forward to the Minister’s reply.
My Lords, I want to amplify one point made by both previous speakers. I am sure that the Minister would agree that what we want to do in the police force—all parts of the police force—is to encourage recruitment. The feeling that one has standing encourages that enormously. I would just like to make this point: we want to encourage recruitment, and therefore if police special constables feel that they are part of the police force, they are more likely to join and stay.
My Lords, I am grateful to the noble Lord, Lord Paddick, for explaining his amendment. Before I get on to dealing with this amendment, I want to say that I was very moved by the noble Lord’s earlier comments. In the interests of full disclosure, I should declare that I was an inspector in the Royal Hong Kong Police. That is where I started out; I can confirm that one never forgets the smell of a mortuary.
Amendment 12 effectively seeks to dispense with the need for Clause 3 by ensuring that, for all purposes, special constables are treated in law as members of a police force. Our professional and dedicated special constables increasingly carry out a range of specialised and front-line roles in their mission to keep us and our communities safe, as the noble Lord, Lord Paddick, noted. He also made some very relevant points about the technical skills that they can bring. They often face the same risks as regular officers while on duty; they deserve the same protection and support as regular officers where appropriate. That is why, through the Bill, we are enabling special constables to become members of the Police Federation, should they wish to do so.
Having been subject to long-standing separate regulation in England and Wales, the distinct nature of special constables is recognised in law with clearly defined benefits that result directly from this separate status. In contrast, legislation in Scotland has long included special constables as “members of police forces” and has been drafted to take this into account. It would not be appropriate for special constables to have access to the same conditions of service, or indeed face the same restrictions, that legislation confers on regular officers. Including special constables in the existing definition of “members of police forces” would have that effect. Legislation on the pay and pensions of “members of police forces”, for example, is not relevant to special constables, who are unpaid volunteers, choosing to give up their free time to help strengthen our police forces. As warranted officers, special constables in England and Wales hold the office of constable and are therefore already included in the term “constable”. This means that, where legislation confers powers on a constable, they will also be exercisable by a special constable.
The noble Lord, Lord Coaker, mentioned how we value special constables, as did the noble Baroness, Lady Harris. I will digress briefly to set out what the Home Office is doing to recognise and support the special constabulary. The Home Office has raised the profile and status of the annual Lord Ferrers Awards, which recognise the outstanding contribution of volunteers in policing. We have consulted on proposals to extend the eligibility of the Queen’s Police Medal to special constables, along with proposals to lower the service threshold for bars to the Special Constabulary Long Service Medal from 10 to five years. Those proposals could support the retention of highly committed volunteers who may, for example, be incentivised by an award that recognises more realistically the length of service volunteers are able to provide and their ongoing commitment to public service. I hope that this also answers something of the question from the noble Lord, Lord Berkeley, about recruitment.
The noble Lord, Lord Coaker, referred to John Apter, chair of the Police Federation. I note that he started out as a special constable, which I suppose, by implication, suggests that that is a route into becoming a regular police officer.
For those reasons, we consider that this amendment is not necessary and could cause confusion to the status of special constables, which the law recognises as distinct from regular officers. Further, this amendment could have unwelcome, unintended consequences, for example by applying pay provisions to volunteers. I hope that, in light of my explanation and assurance, the noble Lord, Lord Paddick, will be content to withdraw his amendment.
Police, Crime, Sentencing and Courts Bill Debate
Full Debate: Read Full DebateLord Berkeley of Knighton
Main Page: Lord Berkeley of Knighton (Crossbench - Life peer)Department Debates - View all Lord Berkeley of Knighton's debates with the Scotland Office
(3 years, 5 months ago)
Lords ChamberI wholeheartedly endorse my noble friend’s amendment, having seen on a couple of occasions interpreters who I seriously thought could barely speak English. Imagine the confusion when the interpreter translated “car” as “cow”. The judge became pretty exasperated at this point. However, there is one obstacle to this that I see. The noble and learned Lord, Lord Falconer, mentioned one obstacle, but the other might be that it is very difficult at the moment for courts to find interpreters at all. I seriously worry that there is going to be a shortage of interpreters, although I still feel that we should get the standard up, whatever happens. Perhaps we need to have courses for interpreters with proper qualifications making it a career in which people who could become interpreters could find some sort of vocation.
My Lords, I have put my name to this amendment for all the reasons put forward by the noble Baroness, Lady Coussins, in opening. She has campaigned for this change for a long time and has a great deal of knowledge and experience on the subject. We have also heard from the right reverend Prelate the Bishop of Leeds, the noble Lord, Lord Hogan-Howe, and my noble friend Lord Thomas, who still supports this reform despite the success of his experience with the Polish testator. I will therefore add little.
There is an answer to the points made by the noble and learned Lord, Lord Falconer of Thoroton, about the availability of interpreters and the need for speed in getting them to court, and by the noble Lord, Lord Berkeley of Knighton, about there being enough registered interpreters. I accept, as I expect would the noble Baroness, that there would be a need to transition the introduction of these proposals and to take steps to ensure that there were enough registered interpreters. We also have to consider the availability of interpretation in the very unusual languages that she mentioned.
This amendment is important. The duty of an interpreter in courts and tribunals is limited and specific. It is a duty to act as a conduit and only as a conduit; accurately to convey the meaning of the court’s proceedings to the non-English speaker; then, if and when that non-English speaker gives evidence, to convey the court’s and counsel’s questions to that non-English speaker; and lastly, and most importantly, to convey the non-English-speaking witness’s evidence to the court. That all demands accuracy, and to provide that accuracy requires a great deal of skill.
However, it is a duty to act as a conduit only, the aim being to overcome the language barrier. It is decidedly not to render assistance of a more general kind to the non-English-speaking participant in legal proceedings, still less to provide some kind of informal independent advice service. Yet, in spite of those very clear principles, many of us who have practised in courts and tribunals have seen how interpreters, often motivated by the best of intentions, can fail in their task. The inadequacies have been extensively and well highlighted by the noble Baroness, Lady Coussins.
There are two main reasons for such a failure. The first is that some set out to act as interpreters when they lack the necessary linguistic skills and they simply get the translation wrong. Sometimes the inaccuracy is noticed by someone in court who understands and speaks the language concerned who can then ensure that the witness’s meaning is further explored, but on other occasions it is not, and when it is not then injustices occur.
The second problem is that some interpreters overreach themselves. Again, often they are not motivated by an improper wish to intervene in the proceedings with ideas of their own, yet they do precisely that. They discuss evidence with the witness and act as assistants and advisers as well as interpreters. The noble Lord, Lord Hogan-Howe, pointed out that on some occasions the integrity of the witness and of the proceedings is called into question. That is wrong, and it subverts the proceedings of the court or tribunal concerned. The way in which we must deal with these issues is quite simply by training and minimum standards, and that is exactly what the amendment seeks to achieve.
I add this final point: I hope that, in order to maintain registration, it would be necessary to have adequate programmes of continuing education. Interpretation is a difficult skill that requires specialist and professional training and needs constant maintaining. I hope the Government will bring a positive response to this amendment.
Police, Crime, Sentencing and Courts Bill Debate
Full Debate: Read Full DebateLord Berkeley of Knighton
Main Page: Lord Berkeley of Knighton (Crossbench - Life peer)Department Debates - View all Lord Berkeley of Knighton's debates with the Home Office
(3 years, 5 months ago)
Lords ChamberMy Lords, I fear that I am going to venture still further on to the shores of Utopia. Having listened to the amendment of the noble Lord, Lord Thomas, and indeed earlier amendments, and recalling my days, many years ago, working in a hospital and then for the Koestler Trust—which takes art into prisons—I could not help thinking of how both in hospital and in prison, and for police officers, huge time is taken up dealing with people who should simply not be there. This has been said a lot, and it will go on being said.
My Utopian contribution to this debate is that, really, we need another agency to deal with people who are mentally ill, thus taking time off the work of the police, who are often tied up for hours trying to sort out what to do with somebody who is mentally ill. Think of the doctors and nurses in A&E who are constantly dealing with mentally ill people and people who are addicted to drugs or alcohol, and also of the prison officers who are trying to deal with similarly afflicted people. My feeling is that maybe, one day, it will happen. It probably is Utopian, but we need a third agency to take the stress off police officers, prison officers and those working in the National Health Service.
Police, Crime, Sentencing and Courts Bill Debate
Full Debate: Read Full DebateLord Berkeley of Knighton
Main Page: Lord Berkeley of Knighton (Crossbench - Life peer)Department Debates - View all Lord Berkeley of Knighton's debates with the Home Office
(3 years, 4 months ago)
Lords ChamberWe welcome the fact that the Government are committing to a call for evidence on road safety issues next year. Like other noble Lords, I should be interested to know how long this exercise is expected to take. Also, is it purely a DfT matter, or a cross-departmental matter—and, if so, which departments are involved? On the general issue of road safety, I comment briefly on what the noble Baroness, Lady Jones of Moulsecoomb, just said. You could always reduce the number of road accidents fairly dramatically if you reduced the speed limit everywhere to 10 miles an hour, but, as a Government, you might not survive very long politically if you did that.
On “exceptional hardship”—the subject of one of the other amendments—maybe there are cases where courts are a bit too lenient. You have to draw the distinction between hardship and inconvenience, because the two are not the same. You do, however, get cases where there could be exceptional hardship and you have to think long and hard. An example would be a single parent who loses access to a car. That could have quite a profound impact on the children, particularly if they do not realistically have anyone else to help them out. You could also end up with a situation where the disqualification of a carer might involve significant impact—hardship perhaps not so much for the carer but for the person being cared for. When you are faced with some of these situations, it is not quite as straightforward as saying “You’ve broken the law, you’ve reached 12 points and you’re off the road”: you may need to look at the consequences. I note with interest the amendment on exceptional hardship. It may well be taken into account in the review what exceptional hardship means and whether it is being applied too leniently and too frequently.
We support Amendment 58—the minimum driving disqualification periods—as we have the increases in sentences for those offences, including causing death by dangerous or careless driving. We welcome the change that the Government propose.
I think that Amendment 64, relating to hit-and-run, mentions a maximum sentence of 14 years in custody. That seems quite a dramatic increase from the current limit. I am not sure whether it is envisaged that if an accident has caused a serious or fatal injury the maximum of 14 years for not stopping is in addition to what you would get for causing the fatal injury—in which case you could get quite a high sentence. I am just commenting on the fact that it seems to be raising the maximum sentence for failing to stop quite considerably. I do not know what the Minister will say about this on behalf of the Government but again, presumably, there is no reason why that should not be considered as part of the review.
With regard to the new amendment on the hitting of bridges, which my noble friend Lord Berkeley has proposed, I have some sympathy with the view that has been expressed that surely there must be a way that technology can reduce the frequency of these events. Perhaps one is a bit too prone to make speeches saying that technology must be able to resolve these issues for us, but one would have thought that this is one area where technology should play a role, and I hope that the Minister will take this issue away and that the Government will reflect on it as part of their general look at road safety issues. I will leave it at that, without commenting on the other amendments in this group.
My Lords, with regard to Amendment 58, I welcome the fact that the Government are taking to task the causing of death through careless driving or being under the influence of drugs or drink. For many families that have lost loved ones to then sit in court as the perpetrator gets a ludicrous sentence for the taking of life while not having the personal responsibility to control their behaviour, especially in terms of being under the influence of alcohol or drugs—that can only be described as insult added to injury. I therefore very much welcome that amendment.
On Amendment 63, can the Minister find some common ground between the noble Lord, Lord Rosser, and noble Baroness, Lady Randerson? Both their points seemed to me to carry weight.
Not stopping after a collision can lead to the serious deterioration of an injury where the other party is unable perhaps to summon help. The situation is seriously exacerbated if someone drives away without reporting it.
Finally, I make a small point about e-scooters. This occurred to me only this evening, when driving here, and then listening to the noble Baroness opposite. Somebody pulled out in front of me on an e-scooter, and the real problem was that any light it might have had was below the bonnet or even wheel of the vehicle behind—even if it was there in the first place. There was no lighting or reflective clothing on this person above shoe level, and none on the helmet; it is completely impossible to see somebody like that, and it gave me a terrific start. I could so easily have seriously damaged this person; it would not really have been my fault, but I would have felt profoundly disturbed by it. That is just a small point that the Government might want to look at in due course.
My Lords, I declare my interest, as I am president of RoSPA. I shall make a few quick points. I took my driving test in 1975, and in 2005 I had a job with a brand new shiny car that went with it, which was lovely. The organisation that I worked for insisted that every member of that organisation who had a car had to spend a whole day a year having a lesson with a driving instructor. It was amazing. I had completely forgotten an awful lot, and I learned even more. It made me very much more aware of all these issues that we are talking about now—and I see several heads nodding, so perhaps there is a certain amount of empathy with that.
On the point of bridges and signage, the other issues that we are not including in this measure is that a majority of cars these days have a GPS system incorporated. Why do they not have the height of bridges programmed into the GPS so that, as they drive towards the bridge, the height comes up, and lorry drivers can see that they are not going to get under it and stop? Those are the small points that occurred to me—although this is completely not my field—as noble Lords were debating these issues.
I well remember the debates that we had on this issue shortly after Scotland decided to reduce the drink-driving limit in 2014. My recollection was that the Government were in effect saying, “We want to wait and see what the outcome is in Scotland”, while others were saying, “Why wait to see what has happened? Why not just proceed and lower the limit to the same level as Scotland has done?”—which, as has already been said, would be in line with most other countries. The Government held their line that they wanted to wait for evidence from Scotland and would then look at the matter. I may be wrong, but I think that there was a general feeling that if it had had an impact on reducing drink driving in Scotland, the pressure would have been quite considerable on the Government to move, as far as this country was concerned.
Not all the suggested difficulties that might have arisen from reducing the limit in Scotland actually materialised. My understanding is that there was not a significant impact on pubs and restaurants, which is one thing that was said. We did not end up, as I understand it, with the police and the courts in Scotland being overloaded. My understanding—although obviously I will stand corrected if I am wrong—is that the lower limit was generally accepted by the public in Scotland. But it did not have the impact that many of us hoped it would have as far as drink-driving in Scotland was concerned. As I understand it—once again I will stand corrected if I am wrong—there have been academic studies by Bath University and Glasgow University that rather confirm that situation.
This is clearly an important issue and it needs looking at. There must be some logic in saying that one would have expected that reducing the drink-drive limit would have an impact on the level of such driving, to the benefit of us all—but it does not seem so far that it has had a great effect on the number or severity of accidents in Scotland. Views have been expressed this evening about lack of enforcement and lack of publicity for the change as far as Scotland was concerned, but certainly Scotland is not providing a particularly robust evidence base at present, subject to further studies and a more robust evidence base—the noble Baroness, Lady Finlay, referred to issues concerning the figures. We need to look at all the factors that might contribute to making people safer, including, although it is only one, the level of enforcement, and the culture.
The Government have said that they are putting out what they describe as a wide call for evidence on a number of road safety issues. It is supposed to be starting in a month’s time. I hope we will be told that this will be a major one, because the question is repeatedly asked why we have a much higher limit than virtually everywhere else, and that surely the logic would show that if you reduce the limit you ought to get a benefit from that in a reduction in drink-driving.
So we welcome the call for evidence that the Government are making. I know that I cannot speak for all my colleagues in saying this, but we accept that the evidence from Scotland is not showing that the change has had the effect many of us thought it would have. There may well be reasons for that and perhaps that needs further investigation and study, but our view is that, as long as the Government commit to look at this seriously in the review that is being undertaken and the call for evidence on a number of road safety issues, we should not vote on this issue immediately but wait for that further review. However, we have heard points raised quite validly about whether this review will go on and on, or whether it will be conducted within a reasonable timescale to enable decisions to be made that could involve further legislation.
The Government need to say what plans they have to bring down the level of drink-driving. One hopes that that will emerge from the review that is being undertaken and that the course of reducing the limit might well be part of it. In the meantime, we will wait for this call for evidence and the outcome of the review. We want some understanding that it will be conducted within a reasonably speedy timescale. In the meantime, we could not support the amendment that my noble friend Lord Brooke of Alverthorpe has moved if he decided to push it to a vote.
My Lords, like the noble Baroness, Lady Randerson, I would have some concerns about Amendment 62 and what that might lead to in terms of random breath testing. I am sure that the noble Lord, Lord Paddick, would have some thoughts about that.
I will say just one thing on the principal amendment. I thought what the noble Baroness, Lady Finlay, said was very enlightening and I do not think we can totally ignore it. The Government’s slogan, on which they have spent a great deal of money, is “Don’t drink and drive”. It is not “Drink less and drive”. So I would have thought that anything that hammers that home could be only a good thing.
Police, Crime, Sentencing and Courts Bill Debate
Full Debate: Read Full DebateLord Berkeley of Knighton
Main Page: Lord Berkeley of Knighton (Crossbench - Life peer)Department Debates - View all Lord Berkeley of Knighton's debates with the Home Office
(3 years, 3 months ago)
Lords ChamberMy Lords, I refer to my interests in the register and want to make it clear that I am not expressing any opinion on the merits of this particular amendment. But, because the debate has ranged far and wide beyond the amendment, and because there appears to be some misunderstanding in the House as to what the amendment is, I hope that, when the noble Lord stands to speak to this amendment, he will clarify two important factors.
I wonder whether he would tell the House whether housing a trans woman holding a gender recognition certificate on the male estate would be unlawful, as that woman is legally a woman. That is quite an important distinction, and it has not come out. There is clearly a misunderstanding there. The second point I would like him to clarify is whether housing a trans woman on a male estate, or a trans man on a women’s estate, could be unlawful as it could amount to discrimination.
My Lords, perhaps I might amplify, somewhat more bluntly, the points made by my two noble friends, and indeed the noble Lords, Lord Faulks and Lord Cashman. I have been to prisons as a member of the Koestler Trust, trying to take arts in there, and one of the things that struck me—and in a way the arts were a release for this—was the fevered testosterone. We have heard about it from both sides. I ask noble Lords to imagine, just for one moment, what would happen to somebody incarcerated in a male prison who already appears—if I may use the word—effeminate, and who may moreover have been sexually adapted to being a woman. I cannot even begin to think how that person would be targeted in a male prison. We need to think very carefully about that, whatever the merits of the amendment moved by the noble Lord, Lord Blencathra.
My Lords, I draw attention to my interests as declared in the register. I find myself somewhat perplexed by this debate and the amendment. My noble friend Lady Meyer said that we were talking only about men who had not transitioned—but I do not think that the amendment says that. It is clear in referring to
“a person who has undergone gender reassignment”.
So there appears to be some misunderstanding about what the effect of the amendment would be, and I wonder what the problem is that we are trying to fix. After all, my noble friend Lord Blencathra himself said that the number of transgender women in the women-only estate was “very small”.
We know that in practice the vast majority of transgender prisoners are already held in prisons which match their sex registered at birth. The small number who are not held in such places have been risk-assessed. As the noble Lord, Lord Pannick, pointed out, that risk assessment would count for nothing in relation to transgender women because the effect of this amendment would be to say that there are no circumstances, irrespective of risk, in which such women, who may have been women for some time, may be held in the women-only estate.
It does not matter that the authorities believe that they pose no risk whatever. It does not matter that the numbers that we are talking about are actually very low. What matters to those who tabled this amendment is that the law should say that they should never be held in such a wing. That is in principle wrong.
It seems to be the sense of the whole House that people should be held according to the appropriate accommodation after a risk assessment. That might well mean that trans women are not held in the women-only estate. It might well mean that trans men are not held in the male-only estate, but that it is better that there is a risk assessment and they are held in the appropriate place.
The effect of this amendment is to prescribe, because those who tabled it think they know better. That, in the end, is the decision that we are confronted with. It is a decision about whether we are to be guided by ideology or pragmatism and, I would suggest, compassion.
It was said in advancing this amendment that a reason to accept it is that, absent it being passed, no places could be safe for women, not just in prison, but beyond the prison estate. How can that be? How could this amendment, were we to pass it, suddenly make all other places for women safe? It was also said—
Police, Crime, Sentencing and Courts Bill Debate
Full Debate: Read Full DebateLord Berkeley of Knighton
Main Page: Lord Berkeley of Knighton (Crossbench - Life peer)Department Debates - View all Lord Berkeley of Knighton's debates with the Ministry of Justice
(3 years, 3 months ago)
Lords ChamberMy Lords, I spoke at length on this amendment in Committee and attended the meeting with the noble Lord, Lord Pannick, the noble Baroness, Lady Coussins, and the right reverend Prelate the Bishop of Leeds, who also signed the amendment. It has led to a full and thorough response from the Minister, and we expect him to announce a full and independent review. If that is right, that is extremely welcome news. I join the noble Baroness, Lady Coussins, in saying that it would be extremely helpful to have an indication of the timescale of such a review—if that is to be announced—because of the imminence of the renewal of the contracts. It would also be extremely helpful for us to have an indication of how the independence of the review will be assured, because independence is a relatively flexible word, and it is an extremely important part of this.
For all the reasons given by the noble Lord, Lord Hogan-Howe, the standard of interpretation is incredibly important to the maintenance of justice where there are litigants, parties or witnesses for whom English is not their first language. We talked about the importance of having the undisguised and unchanged evidence of the witness before the court in an evidential case without the interpreter’s view of matters intervening. That calls for the very highest standards of quality and for any review to be completely independent.
My Lords, I too spoke in Committee, and I have been copied in on the very helpful response from the noble Lord, Lord Wolfson. I felt he was trying to embrace this important subject. To extend the point made by the noble and learned Lord, Lord Hope, a little, one has to understand that when people are in court, it is not just a question of interpretation; quite often, it is case of compassion and being able to communicate with a witness or a defendant. If there is a language barrier, those are the first things that tend to go out of the window.
Just to lower the conversation slightly, I mentioned in Committee an occasion on which the word “cow” was confused with the word “car”—a cow was observed travelling at 90 miles an hour.
I think it would be good to finish my brief contribution to this debate by repeating the explanatory statement of the noble Baroness:
“This amendment would establish minimum standards for qualifications and experience for interpreters in courts and tribunals, along the lines of the Police Approved Interpreters Scheme.”
I find it very hard to see why the Government would not want to embrace that.
Clearly, we agree with everything that has been said. Rather than repeat it all, I will just compliment the noble Baroness, Lady Coussins, on her amendment. We will listen carefully to what the Minister has to say.