Immigration: Regulations

Lord Bishop of Chester Excerpts

Wednesday 11th March 2015 Lords Chamber

[Lord Bates]

The noble and learned Lord is right. We need a few days to get that in place but, on Tuesday 17 March, a notice will go out through the all-party Whip for all interested Peers to attend a meeting with officials. I know there is a great deal of concern on all sides of the House. We will also offer some reassurance about actions and steps which have been taken.

[The Lord Bishop of Chester]

My Lords, does the Government accept that, because the number of migrants who come here perfectly legally from the EU is much higher than expected, the downward pressure from the authorities on non-EU immigrants is onerous, aggressive and leads to the sort of report we have just heard? There is now such a disparity of treatment between EU and non-EU immigrants that it is producing all manner of injustice.

[Lord Bates]

We have to look at the reason why we have seen pressure on immigration; we have to take it seriously. The right reverend Prelate will recognise that uncontrolled immigration, which we have had in the past, puts intolerable strains on our public services. In this country we rightly have a proud tradition of offering asylum to those who are in fear of persecution and that will continue under the present regime.

Counter-Terrorism and Security Bill

Lord Bishop of Chester Excerpts

Wednesday 28th January 2015 Lords Chamber

[The Lord Bishop of Chester]

I will speak very briefly as we come to the end of this debate. As I was listening to it, I realised that there is a whole area to which we have not referred but which is entirely relevant; that is, religious institutions and places of religious instruction and education. Those are missing from the Bill. The application of the Bill to universities will have very uncertain benefits and be extremely impractical to apply in as much as universities are independent institutions. They do not always appear so to the heads of those institutions when they deal with Governments but they are independent institutions. That is a really important feature. Most of the authorities listed here are not independent in that way, although other educational establishments are included.

At some point, we need to stop beating about the bush and see that, alongside the guarantee of freedom of religious speech in our country, and the charitable status of those engaged in different religious practices and education, there is an obligation that should be stated in law. Why not? There is simply an area missing from the Bill as we have it. When the Minister replies, I wonder whether he would be willing at least to comment on the fact that, among all these authorities that are listed, places of religious instruction and education are simply not mentioned.

[Baroness Berridge (Con)]

My Lords, I rise as the last member of the Joint Committee on Human Rights—a long cast of players—to make representations in relation to this amendment. As noble Lords will be aware, the Joint Committee’s report recommended removing universities from the ambit of the Bill. However, I take on board the points made by the noble Baroness, Lady Sharp, about those in institutions for 15, 16 and 17 year-olds. I am grateful to the Minister for continuing to engage with the Joint Committee on Human Rights since we published our report. I have no doubt that what was presented to us was that there was a problem going on on campus, with certain groups holding extremist ideologies being given a platform and not being challenged on their views.

I wish to build briefly on the points made by the noble Lord, Lord Macdonald, in relation to the ambit of the criminal law here. Our response to some of these problems has obviously been to take terrorism offences and expand the ambit of the criminal law further and further down to preparatory-type offences, which we never would have envisaged 20 years ago. For instance, Section 1 of the Terrorism Act 2006 concerns the encouragement of terrorism. Section 1(1) states:

“This section applies to a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of acts of terrorism or Convention offences”.

Offences such as that are designed to go further down the chain and to catch preparatory-type offences. That offence might just apply to printed published statements. I have not had the time to double-check that.

If one remembers that one adds on to all these preparatory offences the group of offences called “inchoate offences,” which are attempting to do that offence, conspiring to do that offence or inciting to do that offence. That takes the ambit of the criminal law a long way down in terms of the statements that we are talking about in this House. It has not been made clear to us what views this is aimed to prevent being expressed on our university campuses that are not within the realm of free speech, as offensive and as contrary to British values as some of us might think those views to be, but are outside the ambit of the extensive criminal law.

Finally, in relation to the point raised by the right reverend Prelate, I had assumed that religious institutions were somehow caught by the definitions of educational institutions. It is noteworthy that General Synod has an exemption under the Bill. In relation to the trust that has not been built up, perhaps because this is fast-track legislation and there has not been extensive consultation, somehow there is now concern among some in the church community that Clause 21 would require the vetting of speakers at carol services that take place on university campuses. I am not sure how one gets from Clause 21 to thinking that that might be a risk, but it indicates to me that more trust needs to be built through consultation if we are to have a clause of this nature.

--- Later in debate ---

[Lord Bates]

Well, yes, I am happy to say that we will continue to keep the whole thing under review. That is the whole point of the consultation. I accept that the fact that the consultation concludes on 30 January may cause some difficulties. However, all the points debated today and at Second Reading are very much part of that consultation. I shall certainly go as far as I am able towards providing what might be described as an additional “first draft” type of review of the guidance, as a result of the responses that have been received so far. About 160 comments have been received, in addition to the debates that we have had.

I was about to say that a substantial number of points have been raised in the debate, and I can go through them. My noble friend Lady O’Cathain, who happened to catch my ear during the intervention by the noble Lord, Lord Hannay, asked me not to miss out the point made by the right reverend Prelate the Bishop of Chester about religious institutions. There is a point here, which we took into consideration, about what is a private matter, such as religious faith and worship, and what is a public matter—that is, a public matter in public institutions of education—and about comparing the two duties and thinking about whether we should extend our guidance into those institutions.

That was one of the reasons why my right honourable friend the Secretary of State for Communities and Local Government, Eric Pickles, decided to send the letter that he wrote to mosques and other religious institutions, recognising the importance of faith and urging them to play their part in the community-wide desire to keep our society safe.

[The Lord Bishop of Chester]

My Lords, I am grateful for those remarks, but I think that advocating the idea that the distinction is essentially between private and public will not work in the longer term. Religion is too powerful a force, and spills over beyond the private. Indeed, in one sense universities are private institutions: they are completely legally independent of government, and one of the reasons why they flourish in this country is that, even though the relationship is close, that position has been maintained. I simply make that point, and hope that at some point further thought will be given to how one can get beyond simply relegating the religious to the private sphere—because that does not really work.

[Lord Bates]

Having been on the receiving end of mass campaigns by people who are deeply upset at the state daring to encroach on the sacred territory of religious groups, I think that we should bear in mind the notion of, “Be careful what you wish for”. We do have to be careful here, because there will be people who say, “Hang on, this is the state going one step further than it should into a private realm”. None the less, I shall reflect further.

Crime: Child Abuse

Lord Bishop of Chester Excerpts

Tuesday 4th June 2013 Lords Chamber

[Lord Taylor of Holbeach]

As my noble friend will know, CEOP is not just funded by the Government but has partners of its own. It is a very valuable vehicle for tackling this problem. There has been a projected 10% reduction in its budget, but that is against a context of a 20% reduction overall. The number of people working in CEOP, now 130, is 50% more than just five years ago.

[The Lord Bishop of Chester]

My Lords, can the Minister confirm to the House the implication of the question of the noble Baroness that the problem is increasing and comment on the adequacy of the normal police response which is to offer a caution to those who admit the offence?

[Lord Taylor of Holbeach]

The police do not necessarily offer a caution and it is our desire to see people who use these websites prosecuted. The most important aspect is to get these websites taken down so that they are not seen. The great advantage of the Internet Watch Foundation is that it engages the whole public in this mission. It has meant that 56% of images are removed within an hour of their appearing on the web. This is the only way that the whole community can join the battle against this evil.

National Well-being

Lord Bishop of Chester Excerpts

Wednesday 14th December 2011 Lords Chamber

[The Lord Bishop of Chester]

My Lords, I think that the time permits me to speak briefly in the gap. I was not sure that I could be here in time for the debate, so I did not put my name down.

Well-being is a very fluid and flexible word, as we have heard. It is quite closely correlated with happiness. Surveys of people in employment in different professions show the clergy as among the happiest groups of workers in our country, which I do not believe has any correlation with GDP.

Certain things such as well-being or happiness arise best if you do not try to achieve them directly. Some things in life are a bit like the soap in the bath: if you try to grab hold of them, they slip out of the hand. It is a little like the character of love: you cannot force someone to love you, whoever they are. I cannot get one of my clergy by the scruff of the neck and say, “You will love me, won’t you?” They may well squeak back, “Yes, Bishop”, but I know that they will not really mean it. Love has to arise out of the truth, the reality and the richness of a relationship, but you cannot force it. Often in the long dynamics of a happy marriage, it is as the partners in a couple realise that they have to let the other person be who they are and not try to change them into what they would like them to be that the happiness in a marriage often develops better. In the average marriage, each partner tries to change the other one into what they would like them to be. This causes trouble for about 20 years; then they give up and are happy.

While the Government of course have a place and a role to play, part of the wisdom of government is to realise the limited place that it has. If I were to look to the future and to well-being, it would be to allow our children to be children. The surveys of the well-being and happiness of children in our society are a major worry. I correlate that partly with the fact that we start children at school so young compared with many other countries. We almost try to force children on life’s journey too soon. The same is true generally of the place for what I call the intermediate institutions between government and the individual. We tend to see an oscillation in our society between the power and reach of government and perfectly proper emphasis on the freedom and rights of the individual. Both are key aspects of the dynamics of society, but they very easily squeeze the intermediate social or human institutions, which are largely those which promote well-being and happiness. We have gone through a period of almost trying to grasp after well-being too much.

In our increasingly diverse society, key to promoting well-being is to recognise that diversity, to allow a genuine tolerance, even of things that we do not particularly like ourselves, and almost to get into the way of thinking, “That is the way in which a mature, diverse, pluriform democracy will have to work”. To some extent, that means the Government employing a self-denying ordinance.

Perhaps I may end by quoting a verse from the Bible—many on these Benches are very loath to do so in your Lordships' House. One of my favourite verses is simply:

“But seek ye first the kingdom of God … and all these things shall be added unto you”.

Happiness and well-being are in a sense the other things that are added unto us, but it is only if we divert our attention to truth, beauty and justice and all those other values that real well-being and happiness will emerge, as a by-product in one sense but as a real fruit of that perspective.

Police Reform and Social Responsibility Bill

Lord Bishop of Chester Excerpts

Thursday 14th July 2011 Lords Chamber

[Baroness Hayter of Kentish Town]

My Lords, I add a few words in welcoming the amendment and urging the Government to respond positively to it. When I was a magistrate, I would have loved the possibility of this rehabilitation order to monitor ongoing alcohol consumption. As the noble Lord, Lord Palmer, suggested, it is one of a range of possibilities, but to have had this in one’s toolbox, as I gather the phrase is, would have been an enormous advantage.

As has been made clear, the amendment allows the magistrate this power only if alcohol caused or contributed to the offence—in answer to the noble Lord, Lord Imbert, I say that it is the magistrate who will take that decision—and if the offender has a propensity to misuse alcohol and is willing to comply with the requirement. As I argued in Committee, help with alcohol misuse should also be available but, as the noble Baroness, Lady Finlay, has said, we must consider the victims in assessing this possibility.

Most of what we now call domestic abuse, but when I was growing up we used to call wife-battering, is alcohol-fuelled. Violence on the streets, whether against property or against people, would undoubtedly be less without the addition of drunkenness. When are we going to do what the ordinary decent people who walk around our streets want us to do, which is to reduce alcohol-related disruption that affects their lives? That is the question that we have to answer.

As the previous speaker said, this is not anti-alcohol. Indeed, I should declare an interest that last night I was at the parliamentary beer dinner. I was very grateful that we had not reached this amendment by then. I am not against the consumption of alcohol but I am very much against the consumption of excessive amounts of it that then damages the people concerned or, in the light of this amendment, damages the life and well-being of others.

This is an enabling measure and does not require the courts to impose it. It is an opportunity for someone with the propensity to misuse alcohol in a way that damages others to have a period of sobriety—with help available, I hope—thus improving their own family lives as well as the well-being of others. I urge support for this.

[The Lord Bishop of Chester]

My Lords, I live in the middle of one of our cities so I see the typical culture late on a Friday or Saturday night, or indeed on other nights, and the malign influence on it of the excessive consumption of alcohol. In recent years I have also sat on the streets of Paris or Rome at 10 pm and seen virtually no evidence of the abuse of alcohol. Those who think that this measure is a step too far need to reflect upon the experience of many of our city centres.

Sometimes it is necessary for the law to take a clear stance to change culture. Drinking and driving is a prime example of that, where the law has changed the culture of how people approach the consumption of alcohol and driving to a much more responsible one. This is quite apart from the health benefits, which will be important to the noble Baroness who has moved the amendment. There is a clear case for sending a strong signal, with this or something like it, that I hope will lead to a change of culture on our streets.

[Baroness Stowell of Beeston]

My Lords, I support the principal objectives of this measure. I will not repeat everything that I said in Committee, but when I first heard about the new proposal—I was also at the briefing on Monday that has been referred to—I found that the most powerful and compelling thing about it was its simplicity. It is clear in its aim and simple in its practice, and it encourages responsibility. I know that the Minister feels strongly about alcohol-related crime and takes the issue seriously, so I will want to listen carefully to her response today. The only thing that I want to highlight is that, as with any new measure put in place to tackle the issue of alcohol-related crime, the aspects of simplicity and responsibility in this proposal should be taken account of.

Police (Detention and Bail) Bill

Lord Bishop of Chester Excerpts

Tuesday 12th July 2011 Lords Chamber

[The Lord Bishop of Chester]

I shall add a footnote primarily to the speech made by the noble Lord, Lord Thomas of Gresford, just to give an example of the problems that arise simply as a consequence of police bail without conditions. I know of a clergyman who was arrested and then bailed and told that the police would probably not get back to him for a year. In this particular case, the clergyman was retired. Because of the particular nature of the potential allegation, he clearly could not exercise a ministry in retirement. He was told that it would be most likely a year before the police came back to him at all. That could well have been a serving minister. In many situations, I would have no alternative but to suspend a person in those circumstances for what could be a very long period, so even in the case of police bail without conditions, there are potentially very serious consequences, and in our media-sensitive age these consequences tend to be magnified.

I hope the Minister will say a little more about the review that she has promised, and assure us that it will be published and accompanied by a full set of facts and figures showing how the use of police bail has changed in recent years so that we can see the trends in this area. That said, I of course understand the need for the legislation, notwithstanding the constitutional issues so clearly stated by the noble Lord, Lord Pannick. However, the wider issues surrounding police bail now need urgent attention.

Police Reform and Social Responsibility Bill

Lord Bishop of Chester Excerpts

Thursday 16th June 2011 Lords Chamber

[Baroness Browning]

I understand the point that my noble friend is making but I reiterate that this is a flexible option for local authorities. They will know where the hotspots are and whether things happen on a particular night of the week. They will have the flexibility to make sure that if they intend to exercise the option—it will be optional—to introduce an EMRO, they can scale the EMRO according to the problem that presents in their locality. It does not have to start at midnight or finish at 6 am but it is between those hours that an EMRO can apply. Just on that point, because I sense that noble Lords feel that this is a draconian measure, it strengthens the licensing authorities’ powers in the sense that it gives them an additional tool in the box, but to get that balance right it has the flexibility that I hope will not create the concerns that businesses might feel, as represented today. My noble friend Lord Clement-Jones mentioned that the full council would not decide to make an EMRO. It is the case with the existing legislation, and will still be the case that the decision will be made by the full council. That has not changed at all in the updating of the legislation.

Moving on to Amendments 240PA to 240SA and the question of private clubs, I recognise the intention of noble Lords to remove private club premises certificates from the effect of an EMRO. There are, of course, clubs and clubs. I am sure that in any private club, of which noble Lords are members, propriety is observed in their proceedings, whatever the time of the day or night. I see noble Lords trying not to catch my eye on this, so they may know. It is important to note that antisocial behaviour and crime and disorder are not necessarily attributed to one premises but a cluster of premises in a concentrated area. There is no evidence to suggest that clubs do not contribute to these types of problems in the night-time economy. The Government do not want to penalise those businesses that operate responsibly and as such, if the licensing authority decides to impose an EMRO in the local area, businesses, including all clubs, will be able to make a relevant representation and provide evidence that they do not contribute to late-night crime and disorder and anti-social behaviour.

At this point, I should say to my noble friend Lord Astor, that on many occasions as a Member of Parliament I went out on Friday and Saturday nights with the police in small Devon market towns where they have perhaps one or two clubs and some late-night licences. Although I completely admire the work that the police and other agencies do at that time of night, it has not been my experience as a Member of Parliament that all anti-social behaviour, including things that are well in the frame of criminality occur after 2 am or 3 am. I was prompted to go out with the police on one occasion because between the hours of midnight and one in the morning, small shopkeepers regularly complained that their shop fronts were kicked in. I would say to my noble friend that within the scope of EMROs and the procedure to be followed in a licensing authority introducing an EMRO into the area, there will be plenty of scope for businesses to make their case, if they feel that they have one. None the less we feel that it is an important tool that licensing authorities will welcome.

[The Lord Bishop of Chester]

From these Benches, I support the Government and the way in which the legislation has been drafted, provided that it is enacted and applied with the flexibility that the Minister is describing. I do not do so in the spirit of being too puritanical, I hope. Living in the middle of the city of Chester and observing the streets in the early hours of the morning sometimes, and indeed relating to a whole new movement of what are called street pastors when churches seek to pick up some of the consequences of late-night activities in city centres, and contrasting the average experience in this country from what you find in many continental countries and the lack of civilised behaviour comparatively in this country, the Government are on the right lines provided that there is the flexibility to project the small jazz club, or whatever. Notwithstanding the anxieties expressed elsewhere, the Government can know that from these Benches, without a shred of puritanical spirit, we support them.

[Baroness Browning]

I am grateful to the right reverend Prelate. I am, of course, familiar with the work of street pastors who give up their time voluntarily, particularly to ensure that people who have consumed too much alcohol are able to get home safely. I commend their work. As a new Minister with a new responsibility for alcohol and drugs policy in my portfolio, it strikes me that I need to dig deeper than looking at the solutions to late-night drinking and look at the causes of why street pastors and others are now required to carry out this valuable work. It seems that we spend a lot of time talking about the consequences. I hope that in my time as a Minister at the Home Office I can try to dig deeper than that to see whether we can do something. It is a long-time ambition, I know. Nothing will happen overnight to change this culture, as I mentioned in a previous debate on the subject. Far too many people—not just teenagers kicking over the traces—believe that they have not had a good time or a good night out unless they get absolutely paralytic. We must try to address the cause as well as deal with the consequences for the rest of the community.

Crime: Media Reporting

Lord Bishop of Chester Excerpts

Tuesday 8th February 2011 Lords Chamber

Asked By

[The Lord Bishop of Chester]

To ask Her Majesty’s Government whether they will review the rules for reporting the arrest and questioning of individuals by the police before they are charged with any criminal offence.

[The Minister of State, Home Office (Baroness Neville-Jones)]

My Lords, the principle of a free but responsible press without state intervention is fundamental to our democracy, but the right reverend Prelate’s Question raises a number of important issues. On Friday, during the Second Reading of the Anonymity (Arrested Persons) Bill in the other place, the Government undertook to consider whether the contempt laws and guidance on pre-charge reporting contain any gaps that may impede justice.

[The Lord Bishop of Chester]

I thank the noble Baroness for that Answer. I acknowledge that this is a complex area, as emerged in the debate in the other place on Friday, but will the Government at least consider extending the post-charge restrictions on reporting contained in the Contempt of Court Act to pre-charge questioning of suspects?

[Baroness Neville-Jones]

My Lords, on the whole the Government take the view that we want to maintain a free but, as I said, responsible press. I do not wish at this stage to go any further than to say that the Government think that there is a potential gap in our protections and that they are more than prepared to look at whether the contempt laws and police guidance on reporting contain omissions that need to be remedied.