Vol. 754 Monday No. 16 30 June 2014

PARLIAMENTARY DEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT

ORDER OF BUSINESS

Questions Health: Multiple Sclerosis...... 1527 Busking ...... 1529 Education: Citizenship Studies ...... 1531 Disabled Students’ Allowance...... 1535 Co-operative and Community Benefit Societies and Credit Unions Act 2010 (Consequential Amendments) Regulations 2014 Motion to Approve ...... 1537 Legislative Reform (Clinical Commissioning Groups) Order 2014 Motion to Approve ...... 1537 Criminal Justice and Courts Bill Second Reading...... 1537 EU Council June 2014 Statement ...... 1572 Criminal Justice and Courts Bill Second Reading (Continued) ...... 1583

Grand Committee Financial Services and Markets Act 2000 (Regulated Activities) (Green Deal) (Amendment) Order 2014 Motion to Consider...... GC 191 Banking Act 2009 (Banking Group Companies) Order 2014 Motion to Consider...... GC 194 Banking Act 2009 (Exclusion of Investment Firms of a Specified Description) Order 2014 Banking Act 2009 (Restriction of Partial Property Transfers) (Recognised Central Counterparties) Order 2014 Motions to Consider ...... GC 202 Banking Act 2009 (Third Party Compensation Arrangements for Partial Property Transfers) (Amendment) Regulations 2014 Anonymous Registration (Northern Ireland) (No. 2) Order 2014 Motions to Consider ...... GC 203 Donations to Candidates (Anonymous Registration) Regulations 2014 European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 Motions to Consider ...... GC 207 Northern Ireland Assembly (Elections) (Amendment) Order 2014 Representation of the People (Northern Ireland) (Amendment) Regulations 2014 Health Care and Associated Professions (Indemnity Arrangements) Order 2014 Motions to Consider ...... GC 208 United Nations International Widow’s Day Question for Short Debate...... GC 216

Written Statements...... WS 143 Written Answers ...... WA 205

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The first time a Member speaks to a new piece of parliamentary business, the following abbreviations are used to show their party affiliation: Abbreviation Party/Group CB Cross Bench Con Conservative Con Ind Conservative Independent DUP Democratic Unionist Party GP Green Party Ind Lab Independent Labour Ind LD Independent Liberal Democrat Ind SD Independent Social Democrat Lab Labour Lab Ind Labour Independent LD Liberal Democrat LD Ind Liberal Democrat Independent Non-afl Non-affiliated PC Plaid Cymru UKIP UK Independence Party UUP Ulster Unionist Party

No party affiliation is given for Members serving the House in a formal capacity, the Lords spiritual, Members on leave of absence or Members who are otherwise disqualified from sitting in the House. © Parliamentary Copyright House of Lords 2014, this publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 1527 Health: Multiple Sclerosis[30 JUNE 2014] Health: Multiple Sclerosis 1528

past two or three months, which is great news. Is there House of Lords any chance that these new drugs will be included in the risk-sharing initiative with industry? Monday, 30 June 2014. Earl Howe: My Lords, I think that the answer is 2.30 pm almost certainly no because the risk-sharing scheme initiated under the previous Government is quite complex Prayers—read by the Lord Bishop of Oxford. to administer and we would need to be persuaded that the administrative burdens associated with it were worth while. Now that we have the NICE process, it is Health: Multiple Sclerosis probably best that NICE should look at these drugs in Question the context of its new clinical guideline, which is what the stakeholder groups thought was preferable. 2.36 pm Lord Blencathra (Con): My Lords, I declare a personal, Asked by Baroness Gardner of Parkes though not a financial, interest in this Question. My To ask Her Majesty’s Government what plans noble friend may be aware that there is a drug called they have to introduce new treatment for relapsing- benztropine which has been approved for the past remitting multiple sclerosis. 10 years for use in Parkinson’s patients. We know that it is not carcinogenic, mutagenic, teratogenic or any other genic—it is safe. US researchers have just discovered The Parliamentary Under-Secretary of State, Department that it seems to completely restore the myelin sheath of Health (Earl Howe) (Con): My Lords, it is important on the spinal cord, at least in laboratory animals. This that people are able to access the innovative and effective is of enormous interest to MS patients. Will my noble new treatments they need. Many thousands of people friend add benztropine to the list of medicines for in England with multiple sclerosis have benefited from urgent consideration by his early access to medicines the medicines recommended by the National Institute scheme? for Health and Care Excellence or covered by the MS risk-sharing scheme. Earl Howe: My Lords, we are keen to see candidates being proposed for the early access to medicines scheme. Baroness Gardner of Parkes (Con): My Lords, I If a body of evidence suggests that benztropine could thank the Minister for that reply. People with multiple qualify for designation as a promising innovative sclerosis consider that specialist MS nurses are the key medicine—a PIM—the Medicines and Healthcare health professionals for providing responsive, person- products Regulatory Agency stands ready to consider centred, co-ordinated and integrated care. The latest such evidence. However, it is for the manufacturer of MS Trust report assesses the provision of MS nurses the drug, not the Government, to decide whether it across the UK and considers that there is a shortage of wishes to propose the drug as a candidate for the around 200, and that more specialist nurses are required scheme. to ensure that everyone has access to a specialist nurse. The new draft NICE guidelines offer only limited Baroness Barker (LD): My Lords, three drugs are support for this specialist role. Given the scarcity of currently awaiting approval by NICE, some of which neurologists in the UK, is it not important that this have been turned down by the European Medicines chain of nurses is in place to ensure that emergencies Agency because of their side effects. To what extent do not develop, which of course costs the National does NICE take that factor into account in its own Health Service very much more? Can my noble friend decision-making process? assure me that he will take action to ensure the continuance of MS nurses? Earl Howe: My noble friend will know that NICE looks at the clinical effectiveness of a drug alongside Earl Howe: My Lords, I am pleased to say that the its cost effectiveness. The cost-effectiveness equation number of specialist nurses for multiple sclerosis in the will naturally include consideration of unpleasant side- UK has risen from 80 in 2002 to 245 currently. I hope effects. The advice that it issues will reflect the evidence that my noble friend will agree with our view that local that it has from clinicians on that matter. It will then healthcare organisations, given their knowledge of the be for clinicians to decide whether the risk-benefit healthcare needs of their local populations, are the ratio is appropriate for particular patients. people best placed to determine the workforce needed to deliver safe and effective patient care within the Baroness Wheeler (Lab): My Lords, when considering available resources. However, it is of interest that NHS the Care Act we were very concerned to ensure that England’s service specification for specialised neurology care and support plans for social care users included does specify that nurse specialists should be involved contingency planning for people who have fluctuating in the care of people with multiple sclerosis. conditions such as MS and rheumatoid arthritis, where support needs can vary from week to week and day to Lord Turnberg (Lab): My Lords, 11 drugs are now day. What mechanisms are being put in place to ensure available for remitting and relapsing multiple sclerosis, the provision of the flexible and comprehensive care three or four of which have been approved only in the plans that are needed? 1529 Health: Multiple Sclerosis[LORDS] Busking 1530

Earl Howe: The noble Baroness is right that care matter for the Metropolitan Police, but I can say that plans have to be tailored to each individual patient. in areas around Leicester Square, where large groups For those with serious neurological conditions, that is of people gather, there may be opportunities for as important as for anyone. I do not have up-to-date pickpockets. However, this must be balanced against information about what work NHS England is doing the enjoyment that busking inevitably brings. at the moment on this, but I am happy to write to her on the subject. The Earl of Clancarty (CB): My Lords, given the itinerant and spontaneous nature of buskers and busking, Lord Roberts of Llandudno (LD): My Lords, how does the Minister accept that the same guidelines need widely shared are these new medications? For instance, to be issued nationwide? She might look at Liverpool, I know that some cancer medications are available to which, following constructive talks with the Keep patients in England but not to patients in Wales. How Streets Live campaign, is soon to issue guidelines widely is this information shared so that everyone can which will not include a requirement for licences or benefit, even if we are under the devolved Administrations? other draconian measures. That might be a model of interest for the whole country. Earl Howe: My noble friend will know that I cannot speak for the devolved Administrations, who have Baroness Williams of Trafford: I thank the noble complete autonomy in their healthcare policies. I can Earl for those comments. I do not know about the say that a number of drugs have been recommended individual cases, although I do not live far from Liverpool. for use on the NHS for MS patients, including Tysabri, I understand that licences for buskers are required in Gilenya, Aubagio and Lemtrada. However, it is ultimately only two London authorities, Camden and Hillingdon. for the devolved Administrations to decide whether they wish to have the same set of rules in place as we Lord Jenkin of Roding (Con): My Lords, I am sure do in England. my noble friend is well aware that, in London, busking is very widely supported by a large number of people. Busking The Mayor of London has gone so far as to say that Question busking is what gives London its joie de vivre—not least, I might add, for those who use the Underground, where a lot of busking takes place. My noble friend 2.44 pm Lord Clement-Jones referred to the mayor’s appointment Asked by Lord Clement-Jones of a busking task force, of which he is a member, which includes representatives of the Metropolitan To ask Her Majesty’s Government what assessment Police. Can she confirm that one of the jobs of the they have made of the link between busking and task force is to suggest ways of dealing with irresponsible crime and disorder; and what plans they have to busking? issue revised guidance on the use of the Metropolitan Police Act 1839 and the Police and Criminal Evidence Baroness Williams of Trafford: The task force obviously Act 1984 in respect of busking. does a very valuable job; I am now intrigued by it and very much look forward to the letter in the post Baroness Williams of Trafford (Con): My Lords, no inviting me on to it. There is no difference between the assessment has been made, but the Government are mayor’s view of busking and the Government’s view: clear that appropriate busking can enrich a community’s where it is appropriate it is widely supported. quality of life and generate a positive atmosphere that can be enjoyed by many people. The police and local Lord Anderson of Swansea (Lab): Are there any councils have powers available to them where there is a special provisions applicable to, say, aggressive busking risk of crime or disorder or complaints of anti-social on the London Underground? behaviour are made.

Lord Clement-Jones (LD): My Lords, I thank my Baroness Williams of Trafford: Any behaviour of noble friend for that response, which I very much an aggressive sort would be dealt with appropriately, appreciate. The arrest of the King’s Parade, the winners whether it involved busking or not. of the mayor’s busking prize, under an archaic law by eight policemen in Leicester Square only too clearly Baroness Hamwee (LD): My Lords, I will not ask illustrates the need for a proper, comprehensive policy my noble friend to comment on the mayor’s talents in on busking for London. Will my noble friend refute this area, but does she think that it is appropriate to the alleged link between busking and crime and will criminalise people who are making music? Some of she work with her colleagues and with the mayor’s them are young people endeavouring to further their busking task force to develop a coherent approach to career in music. It is an extraordinarily precarious busking across London? career, and one where it is difficult to get started.

Baroness Williams of Trafford: My Lords, unfortunately Baroness Williams of Trafford: Buskers are not I have not been invited on to the mayor’s busking task criminalised. People who behave in a disruptive or force and I cannot comment on individual cases. The harmful way are criminalised, but busking in and of particular case that my noble friend refers to is a itself is not. 1531 Busking[30 JUNE 2014] Education: Citizenship Studies 1532

The Lord Bishop of Chester: My Lords, will the will equip young people with the skills and knowledge Government confirm that carol singing will not be to explore a range of issues and help them to take their reclassified as busking? place in society as responsible citizens.

Baroness Williams of Trafford: My Lords, it depends Lord Cormack (Con): My Lords, I am grateful for on the carol singers. If they were being disruptive they that reply. Can my noble friend assure me that citizenship might well be. will have a central place in the curriculum, particularly in the last two or three years before children leave Baroness Smith of Basildon (Lab): My Lords, we school? Will he ensure that, whether it is busking or have a number of candidates today for the busking otherwise, they have the opportunity for community task force, if perhaps not too many wanting to be service during that period? Will he give further thought buskers themselves. I think the noble Baroness missed to the idea that I have put to him on many occasions one part of the Question asked by the noble Lord, that there should be a citizenship ceremony when Lord Clement-Jones, which was about the revised pupils leave school so that they can acknowledge guidance that is awaited. The Anti-social Behaviour, publicly their responsibilities as well as their rights? Crime and Policing Act 2014 and the 1839 Act are also relied on. When will the new guidance be issued? Lord Nash: I absolutely agree with the noble Lord that citizenship is important and I know that he is a Baroness Williams of Trafford: My Lords, we have passionate supporter of it. Many schools have ceremonies no plans to issue guidance in relation to how the two for awards and the new citizenship programme of existing Acts are applied to buskers. However, we have study requires active participation. I would certainly undertaken, as the noble Baroness says, to include encourage schools to consider adopting the noble reference to busking in the guidance for the new Lord’s idea if they do not already reward good citizenship. anti-social behaviour powers for use by the police and Certainly it will help them demonstrate that they are others. This will be published shortly, in advance of promoting British values. However, it is not this the new powers commencing later in the year. Government’s style to mandate such a thing. In addition, the Government’s National Citizen Service for 16 and Baroness Knight of Collingtree (Con): Does my 17 year-olds gives young people a chance to develop noble friend agree with me that although we should skills such as volunteering and social action projects. I recognise that buskers are perhaps building their careers, was delighted to see that the IPPR report published at they are also adding to the gaiety of nations? It would the weekend was so supportive of the National Citizen be most unpopular were we to consider any banning Service and that we seem to have achieved cross-party of busking. support for it.

Baroness Williams of Trafford: I totally agree with my noble friend. Baroness Lister of Burtersett (Lab): My Lords, does the Minister agree that a good way of consolidating citizenship education would be to extend to young Lord Colwyn (Con): Does my noble friend know people at the age of 16 the right to vote so that they what regulations apply to busking outside the Peers’ can apply at the ballot box what they have learnt and, entrance of the House of Lords? it is to be hoped, get into the habit of voting?

Baroness Williams of Trafford: No particular licence is required for busking in Westminster. I imagine they Lord Nash: I do not agree with the noble Baroness are the same as for anywhere else. on that.

Lord Flight (Con): My Lords, do citizenship classes Education: Citizenship Studies include the proper teaching and understanding of not Question only how Westminster works but how local government, the United Nations and the EU work? In my time at 2.50 pm school that was a part of it. Asked by Lord Cormack To ask Her Majesty’s Government what plans Lord Nash: They are supposed to include democracy, they have to increase the emphasis on citizenship the electoral system, government, human rights and studies in the school curriculum. international law.

The Parliamentary Under-Secretary of State for Lord Singh of Wimbledon (CB): My Lords, citizenship Schools (Lord Nash) (Con): My Lords, I am delighted generally suggests teaching conforming behaviour, which to be able to say that this Government have retained is important. However, does the Minister agree that the citizenship education as part of the new national teaching of conforming behaviour is not quite the same curriculum. From September this year it includes an and needs to include the teaching of ethical values of improved programme of study for citizenship education right, wrong and responsibility, which can sometimes— at key stages 3 and 4. This new programme of study and sometimes should—challenge conforming behaviour? 1533 Education: Citizenship Studies[LORDS] Education: Citizenship Studies 1534

Lord Nash: I agree entirely with the noble Lord. I churches, cathedrals, mosques, meeting houses, temples would hope that in a school with a proper syllabus on and synagogues? The actual morality that was the this these were not contradictory. Certainly Ofsted underpinning fabric of good citizenship could not should look at this in inspecting spiritual, moral, escape people because it was put before their eyes social and cultural development. every week. Now that that has gone, will my noble friend talk to his colleagues in other departments to ensure that there is a link between citizenship and Baroness Royall of Blaisdon (Lab): My Lords, too practical experience of the teaching of all-faith religious many of our young people do not vote, which is knowledge? That way, people will understand what it understandable when they are not taught about our is we want them to do. political system and our system of governance. The Minister mentioned citizenship lessons but the fact of the matter is that they are not compulsory. As the Lord Nash: My noble friend makes a very good noble Lord, Lord Cormack, said, they should be a point. I believe that all schools should teach about all compulsory element in all schools including academies religions and about respect for all religions. However, I and free schools. What plans does the Minister have to will take his point back. ensure that there is a fully qualified citizenship teacher in every school? Baroness Howe of Idlicote (CB): My Lords, does the Minister agree that one area that could be encouraged Lord Nash: I am a little confused about the Labour is parenting? I do not just mean good relationships Party’s attitude on compulsory subjects in the national with your own parents but what your future children curriculum. I thought that its study group had proposed are going to need, by way of skills, to be good parents that all schools should be free not to teach the national themselves. curriculum, but I will not attempt to keep up with this flip-flopping. We do not agree that it should be mandatory. A lot of people want to have subjects made mandatory Lord Nash: I agree entirely with the noble Baroness. in the curriculum but there is not room. Schools must Parenting skills in this country are, in many cases, teach citizenship at key stages 3 and 4. They must also sadly lacking but it is not easy to dictate to parents, teach about spiritual, moral, cultural and social even young parents, how to do that. However, all good responsibility and British values. The curriculum includes schools certainly seek to engage with their parents not all the institutions to which the noble Baroness referred. just about their children’s education but, bluntly, to improve the education of the parents themselves. Lord Phillips of Sudbury (LD): My Lords, I declare an interest as the founder and president of the Citizenship Baroness Farrington of Ribbleton (Lab): My Lords, Foundation. I say to my noble friend that while he in making rather sweeping asides about the Labour paints a very rosy picture of citizenship, at the moment Party’s policy, will the Minister please accept that less than 2% of pupils take citizenship education at there is a world of difference between laying down GCSE. The free schools and academies do not have to what children ought to learn as part of the curriculum teach it at all and Ofsted does not extend to citizenship and getting into the dangerous area of politicians in schools, while the Government have withdrawn deciding which books to teach the curriculum from? bursaries for young teacher trainers to teach citizenship education. In the light of the statistics and the general sense of gloom in the citizenship community at the Lord Nash: I would agree entirely with the noble moment, will my noble friend please go back to his Baroness except that I think it is a sad reflection on a Minister and seek to do something about what has country with as rich a literary history as we have that happened to citizenship education over the past two or more than 90% of essays written for GSCE English three years? literature are on three books.

Lord Nash: Ofsted reported last year that it found Lord Harris of Haringey (Lab): My Lords, is not that in primary schools citizenship was “thriving” and one of the most important forms of citizenship being that in secondary schools the quality of citizenship able to save your fellow citizens’ lives? Why, then, do education was stronger than in its 2010 survey. It also only 21% of schools provide training in first aid—it is found that head teachers recognised the rich contribution even fewer in CPR techniques—given that there are the subject makes to pupils’ learning, their personal 60,000 events of cardiac arrest around the country as development and the ethos of the school. We have a whole? Why not include that in the national curriculum substantially improved the citizenship curriculum from both to encourage the better health of individuals and the previous, rather issues-based, syllabus and we are to give the young people concerned greater reliance now enhancing the requirement to teach about British and greater confidence? institutions and values. Lord Nash: Of course first aid is very important, Lord Elton (Con): Will my noble friend take into and schools are free to teach that. Again, we have account the enormous change that has come over our another bid for what is mandated in the national society since the middle of the last century, at which curriculum. We have to have some priorities, but of stage the lifeblood of the country flowed through the course health and safety is very important. 1535 Education: Citizenship Studies[30 JUNE 2014] Disabled Students’ Allowance 1536

Disabled Students’ Allowance to be available to students who do not qualify for a Question computer to enable them to buy the standard of computer that they need in order to run the programs? 3pm Lord Ahmad of Wimbledon: My noble friend may Asked by Lord Addington well be aware that the focus on DSA expenditure will To ask Her Majesty’s Government how the be on the most complex and acute needs. DSA expenditure assessment of complex needs for dyslexics will be generally has increased—from £87.8 million in 2009-10 achieved under the new Disabled Students’ Allowance to £125.1 million—so a review of DSA expenditure, as arrangements. technology advances have been made, is long overdue; it has been 25 years since we last looked at it. Of course, we will look at each case, including specialist Lord Addington (LD): My Lords, I beg leave to ask requirements and complex cases, and where it is established the Question standing in my name on the Order Paper. that a case is complex, students will be supported. In doing so, I draw the House’s attention to my declared interests. Lord Stevenson of Balmacara (Lab): My Lords, is the Minister aware that research at Edinburgh University Lord Ahmad of Wimbledon (Con): My Lords, has found that disabled students who claim DSA at discussions are under way with stakeholders to inform present have lower drop-out rates than disabled students the Disabled Students’ Allowance guidance for the who do not claim the allowance and non-disabled autumn. Our current intention is that students with students? Is it true that the changes that are proposed dyslexia, alongside other disabled students, will continue will in effect mean that the money that is currently to undertake an assessment with a study needs assessor. paid to individual students through personal budgets The term “complex” in the Question does not relate to is to be transferred, with no additional funding, to the the nature of the student’s disability; rather, it relates universities themselves? Does that not run against to the range of support needed to address the barriers current government policy in these matters? to their learning. Lord Ahmad of Wimbledon: I have already stated Lord Addington: I thank my noble friend for that the Government’s position on the need for sustainability reply. Does he not accept that that seems to be a of the DSA. The noble Lord is quite right to point out change from the announcement that complex needs that the expenditure to higher education institutions is would be the criterion? If this is going to change as we being rebalanced, and this is to ensure that within the move into a reformed situation, when can we expect to realms of the Equality Act 2010 they, too, step up to get a reliable and useful criterion for this assessment the mark. Indeed, many institutions have. This is all for entrants in 2015? about ensuring that in the existing conditions the money is spent in a focused way on the students who Lord Ahmad of Wimbledon: As my noble friend most need it, and that we balance what we spend on may well know, we routinely engage with stakeholders the DSA with what the universities and higher education on the provision of support for all disabled students, institutions should spend themselves. and that dialogue will continue. We are also currently working on the equality impact assessment, which will The Lord Bishop of Chester: My Lords, I declare an be taken into consideration. Indeed, the findings of interest in that my younger son has just graduated this consultation will be looked at in that light and successfully and has benefited from the computer and before we lay down regulations on this matter. software for someone with dyslexia. People with dyslexia often flourish later in the educational process as they Baroness Uddin (Non-Afl): Will the Minister say gain their coping mechanisms. Does this not mean whether the Government will commit to publishing an that it is even more important to make sure that this assessment of the impact of the changes, given the support is fully in place, not least at university? detrimental effect that they could have on disabled students with all conditions, including dyslexia and Lord Ahmad of Wimbledon: The right reverend autism spectrum disorder? Prelate makes an important point, and I congratulate him on his son’s successful graduation. The point he Lord Ahmad of Wimbledon: I have already alluded makes is perfectly valid. I have already mentioned that to the equality impact assessment, which will form we will be looking at a full equality impact assessment part and parcel of the regulations that we will lay before laying the regulations. I am sure that part and before Parliament in the autumn and which will be parcel of that process, and the discussion around open to debate. The discussion, I am sure, will take those regulations, will be to cover the points that the place at that time, and I look forward to the noble right reverend Prelate has made. Baroness’s contributions. Lord Elton (Con): My Lords, in answer to the Baroness Walmsley (LD): My Lords, is my noble supplementary of my noble friend Lord Addington, friend aware that in order to make use of some of the the Minister referred to the consultations that are assistive technology programs, one needs quite a high- going on in order to produce and agree criteria. Given functioning computer? Is any financial assistance going that the Prison Service is where the highest concentration 1537 Disabled Students’ Allowance[LORDS] Criminal Justice and Courts Bill 1538

[LORD ELTON] greater certainty for victims. It seeks to modernise our of dyslexia in the United Kingdom exists, what input court processes and rebalance the judicial review system is there into those consultations from the Prison Service to reduce the delays caused by inappropriate or and from contributing voluntary sector workers such unmeritorious claims. as the Prisoners’ Education Trust? Our system of justice is regarded with enormous respect throughout the world. The quality of our Lord Ahmad of Wimbledon: My noble friend has judiciary and our respect for the rule of law are asked quite a specific question. I am fully aware, as significant factors in attracting foreign investment to someone who covers in part the justice brief, of the our shores. The Government are not, however, emphasis the Government are placing on the rehabilitation complacent. We must constantly examine our criminal of prisoners. In terms of his specific question, however, and civil justice systems, not simply to respond to the I will write to him. latest headline but to ensure that they are adapting to the modern world. In the field of criminal justice there is a need to Co-operative and Community Benefit identify the most serious offences and to make sure Societies and Credit Unions Act 2010 that our judges have adequate powers to deal with (Consequential Amendments) Regulations offenders. Equally we are absolutely determined to 2014 make a real impact on reoffending by our reforms, Motion to Approve which will transform rehabilitation. Your Lordships’ House has enabled, for the first time, offenders who have received short sentences to be properly prepared 3.06 pm for release and properly supported when they are Moved by Lord Newby released. This way, they will be better able to cope with life on the outside and will be much less likely to That the draft regulations laid before the House offend. on 14 May be approved. Another major issue is in the provision of education Relevant document: 1st Report from the Joint for young offenders. The need to provide this lies at Committee on Statutory Instruments. Considered in the very heart of our plans in the Bill to introduce Grand Committee on 24 June secure colleges to give young offenders real educational opportunities, often for the first time in their lives. Motion agreed. Improvements in our civil law system are making a difference. In Part 2 of the LASPO Act 2012, we Legislative Reform (Clinical implemented recommendations suggested by Sir Rupert Jackson to rebalance the system and deal with the Commissioning Groups) Order 2014 consequences of the introduction of conditional fee Motion to Approve agreements, which benefitted no one but lawyers and the organisations that fed on the system. It will be a 3.07 pm little time before we can assess the full effect of our Moved by Earl Howe reforms, but the signs are hopeful. One of the least attractive aspects of our system That the draft order laid before the House on was the growth of claims management companies. A 13 March be approved. claims management regulation unit, which I have visited, Relevant document: 26th Report, Session 2013-14, has been in place since 2007, providing really effective from the Regulatory Reform Committee. Considered protection to consumers and closely reining in in Grand Committee on 24 June. unacceptable practices. The unit has the power to suspend, vary or cancel licences. Furthermore, I Motion agreed. announced last Friday that the unit will be able to impose substantial fines on companies that break the rules. I am glad to tell your Lordships that the number Criminal Justice and Courts Bill of these companies is reducing, and reducing quickly. Second Reading These are just some of the changes that we are making. This Bill is part of the narrative. Criminal 3.08 pm justice provisions in Part 1 of the Bill will help to keep Moved by Lord Faulks our communities safe and secure, and ensure that offenders face the consequences of their crimes. Provisions That the Bill be read a second time. in this part of the Bill place restrictions on the use of simple cautions on a statutory footing to ensure that The Minister of State, Ministry of Justice (Lord serious and repeat offenders are treated consistently Faulks) (Con): My Lords, this is a significant and and are punished appropriately. far-reaching Bill that has at its heart a vision for a Unless there are exceptional circumstances, offenders stronger and fairer justice system. It introduces steps will no longer receive a caution for the most serious to toughen our approach to the most serious and offences, such as rape and robbery. For other offences, repeat offenders, ensuring that penalties reflect the we are limiting the repeated use of cautions for the seriousness of the crimes committed and providing same, or similar, offences committed within a two-year 1539 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1540 period. We are ensuring that for all dangerous offenders criminal justice system and ending up in custody. At and those who commit offences of particular concern, present we pay around £100,000 a year for a place in the Parole Board will consider their risk before early youth custody, yet almost 70% go on to reoffend release can be authorised. This will improve public within 12 months. No current youth custodial protection and encourage offenders to take responsibility establishment—young offender institutions, secure training for their own rehabilitation. centres and secure children’s homes—is providing good We have also made provision to ensure that the enough outcomes. For young offenders where custody courts have sufficient tools to deal with offences that is necessary, we want to make the best use of the can have an enormous impact on victims and our opportunity to help to turn their lives around. We communities. That is why we have increased the penalty need to be better at rehabilitating young offenders. for causing death while driving while disqualified, and Secure colleges will have education at their heart, introduced a new offence of causing serious injury with all other services designed in support of raising while driving while disqualified. It is why we are educational attainment and tackling offending behaviour. adding further terrorism offences to the enhanced Figures suggest that 86% of young men in young dangerous offender sentencing scheme, as well as offender institutions have been excluded from school increasing maximum penalties to life for offences where at some point, and more than half of 15 to 17 year-olds that is not already the case. in YOIs have the literacy and numeracy level expected It is right that we have the necessary tools to of a seven to 11 year-old. monitor offenders on licence and to deal with breaches Secure colleges will provide the support and skills of licence conditions. The Bill introduces an additional that young offenders need to stop reoffending and to “recall and release”test for determinate sentence prisoners, contribute positively to society in adult life. The Bill requiring consideration of whether, if released, an establishes the statutory framework for secure colleges, offender would be highly likely to commit further with further detail to be set out in the secure college breaches of their licence, including further offending. rules. Operators of secure colleges will be invited to This seeks to end the continuous cycle of fixed-term deliver a broad, intensive and engaging curriculum to recalls and automatic release for offenders who persistently support and motivate the full range of ages and abilities and wilfully breach their licence conditions. of young people accommodated in these establishments. We are also taking powers to impose mandatory location monitoring of offenders released on licence. The Government recognise that there are likely to The use of innovative new technology will help to be some detained young people who will continue to deter reoffending, allow better monitoring of whereabouts require separate specialist accommodation, either on and compliance with other licence conditions, as well the grounds of their age, acute needs or vulnerability. as assist with crime detection. We are therefore committed to continuing to provide It is sometimes the case that issues of national separate specialist accommodation, such as secure concern highlight the need for our laws to evolve to children’s homes, for this group of young offenders. tackle different types of behaviour. The horrifying On 9 June my right honourable friend the Lord events at Mid-Staffordshire NHS Foundation Trust, Chancellor and Secretary of State for Justice informed and the review into the safety of patients in England both Houses that the Ministry of Justice had selected that followed, exposed a gap in legislation as regards a preferred provider—Wates—to design and build the ill treatment or wilful neglect of users of health and pathfinder secure college in the east Midlands. Subject care services. It was rightly recommended that this to parliamentary approval, if this pathfinder proves should be rectified. The Bill closes that gap by creating effective it will be a model for a future network of new criminal offences to deal with these completely secure colleges across England and Wales. I can assure unacceptable behaviours. your Lordships that construction will begin only if High-profile failings in police conduct have dominated this Bill receives Royal Assent. headlines in recent years, most notably following the Before this Bill reaches Report, we will launch a revelations about the handling of the Stephen Lawrence public consultation on our plans for secure college investigation. The existing common-law offence of rules, which will set out the core requirements to misconduct in public office dates back several hundred ensure that the establishments operate safely and securely. years and is not specific either to cases of corruption I will inform the House of the details of this consultation or to police officers. It is not always well suited to in due course. We also intend to hold a meeting prior dealing with or deterring the pattern of corruption in to Committee, to which all Peers will be invited, to today’s information age, so we are introducing the new show in more detail what the plans are, in physical police corruption offence, which will ensure that the terms, for the pathfinder college. small number of officers who are corrupt are properly punished and face the appropriate penalty for their I hope that all noble Lords will at the very least crimes. However, we also recognise the special role keep an open mind and not resort to describing these that police and prison officers play in routinely coming establishments as “fortresses” or “Titan” prisons. Such into contact with dangerous offenders in difficult rhetoric hardly helps in our quest to help some of our situations. That is why we are raising the starting point most vulnerable young people and is surely not the for sentencing a murderer of a police or prison officer approach that should be adopted in your Lordships’ in the course of their duty to a whole-life order. House. Part 2 of the Bill deals with the critical matter of This part also makes sure that all 17 year-olds have youth justice. Under this Government, crime and offending access to an appropriate adult when they receive a by young people is down, with fewer entering the caution, and we are changing the law regarding referral 1541 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1542

[LORD FAULKS] detailed look at judicial review and concluded that orders to provide greater flexibility and powers for the there is a case for some proportionate and common-sense court when punishing a breach or dealing with further reform. offending. Part 4 will provide a better balance, ensuring that judicial review continues as a check on the Executive Part 3 is very much about increasing the efficiency while limiting the potential to abuse it for collateral and flexibility of the courts to keep pace with the purposes, such as delay. The clauses in Part 4 deliver modern world. At present, much court time is wasted two things. The first is a much needed rebalancing of in hearing cases in open court when the defendant the financial risk of bringing or driving a weak judicial fails to attend; the only people present are magistrates review. We think it right that those who bring or and prosecutors. We could make better use of this choose to become involved in a judicial review should valuable time elsewhere. This Bill allows one magistrate face their fair share of the financial risk that entails, to deal with low-level regulatory cases away from rather than expecting a subsidy from the body they are traditional magistrates’ courtrooms. The types of cases challenging. This is the position in other civil litigation. that we are concerned about are the likes of failing to register the new keeper of a vehicle or depositing litter. We will therefore ensure that the courts have the We are ensuring that the defendant’s right to request a information they need to use their existing powers to hearing is preserved, as the procedure will apply only reach through, say, a shell company when awarding when a defendant has either expressly or impliedly costs against an unsuccessful party. That does not waived that right. We are also enabling more cases to mean that everyone who donates to a campaign will be bypass the Court of Appeal and go straight to the at risk, but it is right that there should be a proportionate Supreme Court, again saving valuable court time. I liability for those who in reality control, guide and reassure noble and learned Lords from the Supreme stand to benefit from a judicial review. Court that that will be only with the consent of the Supreme Court. Lord Clinton-Davis (Lab): Is it not evident that The use of the internet has had a profound impact judicial review will be enormously affected by this and on how we carry out our daily lives, so we are also that it will be beyond the scope of people to pay? In modernising the law on juror misconduct to bring it other words, it will become the province of the rich into the 21st century. Some of your Lordships might and not of the poor. have seen that the Attorney-General has today announced that the Government intend to table an amendment to omit the provisions to update the law of contempt of Lord Faulks: My Lords, we do not think so. The court as it relates to publications. The measures were argument over legal aid is a debate that we have intended to provide clarity, to allow the media time to already had in your Lordships’ House. It is the take down material, and to provide a defence until Government’s view that the changes in the legal aid that point. The media, however, raised strong objections. provisions were an entirely proportionate and sensible Since the existing law gives protection for the integrity approach to legal aid, given the scarce resources that of court proceedings, we have decided not to pursue are available. As to the availability generally of judicial these measures. review, the Government are concerned to ensure that it remains a realistic remedy, but nevertheless that This part also introduces a charge, payable by adult appropriate modifications are made. We will scrutinise offenders on conviction, to contribute towards to the those modifications during the course of the debate. costs of the criminal courts. We already recognise that We are affirming in statute the court’s ability to those who bring cases in the family and civil courts make orders protecting an unsuccessful claimant from should bear some of the court costs in those jurisdictions. a successful defendant’s costs. But it must be right that These provisions make that a reality in the criminal such protection, almost invariably at a cost to hard-pressed sphere, so that those who give rise to the costs of the taxpayers, should be reserved for cases with merit and criminal courts share the burden of those costs, rather which concern matters of high public interest. than it solely being the burden of the taxpayer. Those who intervene in a case to make arguments Repayments can be set at an affordable rate, and we or adduce evidence can certainly add value to the are encouraging rehabilitation by allowing the charge proceedings, but we think it right that they should face to be remitted after a certain period without reoffending the financial consequences of their decision to intervene. provided that the offender has also taken reasonable However, having listened to arguments in the other steps to pay off the charge. To ensure that we have place we are persuaded that there may be a case for maximum flexibility, we are also extending the powers some modification of the provisions and we look of fines officers to vary repayment of financial impositions forward to considering possible amendments. after default, as well as prior to default. Secondly, Part 4 limits the scope to use minor Finally, I turn to Part 4, on the matter of judicial technicalities as a foundation for a judicial review review, which is one of the most important means by designed to bring about delay by building on an existing which government and other public bodies can be held approach taken by the courts. This will bite on claims legally accountable for their decisions and actions. based on a minor flaw in a process, where the outcome However, judicial review has grown significantly over of that process for the applicant was highly unlikely to recent years, and while there are many important and have been changed by the flaw. Our change will mean valuable judicial review cases brought every year there that, in those situations, the court should not grant are also too many that are not. We have taken a permission to continue, or a remedy. 1543 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1544

By taking that approach, other more meritorious There are certainly parts to welcome—for example, judicial reviews, in which it is likely or probable that the provisions about police corruption, extreme there would have been a difference, can proceed more pornography, malicious communications and care worker quickly, given the freeing up of scarce judicial resources. offences of ill treatment or wilful neglect. However, Where there is any significant doubt in the court’s view there are others, notably those dealing with secure over whether a procedural failing would have made a colleges and judicial review, which demonstrate the difference to the end result—perhaps the grant of a propensity of this Government in general, and this licence or the positioning of a pedestrian crossing—the Lord Chancellor in particular, to indulge in grandstanding clause would of course have no effect. Consequently, on issues of crime and justice on the basis of the most this clause will be very far from a “get out of jail free” tenuous evidence, and with a disturbing determination card for poor administrators. I trust that, through the to curtail judicial discretion. consideration of the Bill, I will be able to demonstrate I will deal later with those matters but, at this stage, these points to the House’s satisfaction. However, I will cite two examples of the Government’s cavalier cannot stress too strongly that we are not abolishing approach. The first is the headline-grabbing proposal, judicial review. referred to by the Minister this afternoon, to increase The shadow Lord Chancellor in the other place the maximum sentence for causing death by dangerous invoked the impending anniversary of Magna Carta driving while disqualified to 10 years’ imprisonment. and said that the Government were, It is a serious offence, but one of which only 13 defendants “depriving citizens and communities of their rights to challenge were convicted last year. The second is the claim that power”.—[Official Report, Commons, 17/6/14; col. 1073.] the number of cases of judicial review has soared from I am confident that the noble Lord, Lord Beecham, 4,500 a year to 12,400, which was repeated by the has a rather more secure grasp of legal history—judicial Minister in last Thursday’s Times, whereas almost the review, as we know, started in the 1970s—and that entire increase was due to asylum and immigration he and others of your Lordships will accept that cases, which are now dealt with under the tribunal acknowledging the value of judicial review does not system, not by judicial review, thereby reducing the preclude Parliament carefully scrutinising the extent workload and, presumably, therefore, the cost, of the to which it should be used to frustrate the legitimate Administrative Court by nearly two-thirds. exercise of power by a democratically elected body. A more insidious approach is the trend in criminal The Government consider that ours is a balanced law of imposing mandatory sentences, and in judicial package of measures which will ensure that judicial review of making it more difficult and potentially review will continue to operate effectively and much more expensive to challenge the lawfulness of appropriately. decision-making by the state or its agencies. On these The Bill contains a wide range of important proposals matters, the Joint Committee on Human Rights has to ensure that we deliver a justice system that people been forthright in its criticisms, but the Government, can be proud of. It ensures that offenders and claimants as ever, merely shrug them off. take responsibility for their actions and that our laws reflect the 21st century. I feel confident that the great Part 1 of the Bill, whose objectives of protecting expertise that can be found in your Lordships’ House the public we entirely endorse, contains provisions will be brought to bear on the Bill. I look forward to which exemplify the failings that I have mentioned. debating it and benefiting from that expertise. I hope Thus, Clause 4 will require an under-resourced and that noble Lords will support the outcomes it seeks overstretched Parole Board to be involved in determining to achieve. I commend the Bill to the House. I beg to whether prisoners serving extended sentences should move. be released, as automatic release rules are changed. What proposal do the Government have to provide the Parole Board with the additional resources that it needs to cope with its present workload, let alone that 3.31 pm which would flow from the provisions of this Bill? Lord Beecham (Lab): My Lords, another parliamentary Clause 6 makes electronic tagging mandatory for day, another Criminal Justice and Courts Bill. The offenders released on licence, under regulations to be House will be grateful to the Minister for his prescribed by the Secretary of State, despite the lamentable comprehensive guided tour of the Bill’s proposals but experience of the current tagging system, which is the reality is that we are presented once again with a used essentially to check whether curfew or exclusion veritable pot pourri of legislative proposals, the customary requirements are complied with. What will be the mix of the worthy and the welcome, the half-baked benefits and the costs of this quantum leap in the and the harmful. This time, some 16 measures were application of tagging? Do the Government accept added to the mix two days before Report and Third that the code of practice to govern the use of tagging Reading in the Commons, with little or no time for will be subject to parliamentary approval? Will a draft debate. Therefore, they arrive here today effectively be available for the Committee stage of this Bill, or at sight unseen. least on Report? Clause 7 imposes extra work on the Today, a pot pourri merits this dictionary definition: Parole Board in respect of prisoners recalled from “A mix of dried petals and spices in a bowl designed to release, when what is surely needed is effective supervision perfume a room”, of such prisoners. Clause 8 gives the Secretary of State but the original French stands for a stew made from the power to change the test for release after recall by different kinds of meat—literally a rotten pot—and regulation, when this should surely be done by primary too much of this Bill fits the latter description. legislation. 1545 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1546

[LORD BEECHAM] behaving in similar fashion would suffer no penalty, Part 2 of the Bill deals with young offenders. I will even though such conduct in a personal injury claim come later to the question of secure colleges, but I could itself add to the claimant’s suffering. welcome Clause 32, which requires the presence of an appropriate adult when a youth caution or youth I now turn to the two most controversial elements conditional caution is given to someone under the age of the Bill: secure colleges and judicial review. In of 17. I join the Magistrates’ Association, however, in relation to the former, the Government’s transforming requesting guidance on the definition of an appropriate rehabilitation programme appears to have failed. The adult. Part 3 will allow minor offences to be dealt with Secretary of State has reoffended. There is an uncanny it on the papers by a single magistrate—in effect, in similarity between what happened over the probation chambers—where a defendant has not requested a service in the Offender Rehabilitation Act and this hearing. My noble friend Lord Ponsonby will speak to proposal. Once again, the Government are pressing this issue, but having only last Friday met magistrates ahead with their policy in advance of parliamentary of the Northumbria Bench, I incline to the view of approval, although at least it has not been left to those who say the defendant should have to agree to Members of this House—as it was last year with such a course, where appropriate, after proper advice. probation—to ensure that the matter is debated. Yet After all, not everybody who receives a court the Government are appointing a contractor, before communication will be able to understand it. I am also the Bill is enacted, to build a 330-place college. Admittedly, sympathetic to those who say two magistrates should it will not be built before the Bill is enacted but, even sit on such cases, although perhaps there should be an so, one might have thought that this was somewhat experiment to see whether there is a satisfactory outcome premature. The important point, however, is that such with a single magistrate. In any event, disposal should a college would account for as many as a quarter of be in public, not necessarily in the traditional court young offenders in detention. The objective of providing room, so that justice can be seen and reported to be education is of course welcome, but it is self-evident done. that many youngsters would be a long way from home, and there are serious questions about the desirability A more troubling proposition is contained in Clause 42 of housing girls alongside boys and the youngest in relation to criminal court charges—to which the offenders alongside those in their later teenage years, Minister referred—under which offenders should be as the Joint Committee on Human Rights has pointed made to pay towards the cost of running the courts. out. There is also the question of cost. The Prison This clause is a classic example of the Government’s Reform Trust legitimately asks where the £85-million casual approach to legislation. The requirement is cost is coming from. mandatory, when it should, if imposed at all, be discretionary and decided by the judges. There is no More important is the apparent determination of impact assessment, either on the offender or the cost the Government to rely once again on some private of enforcing the system. It ignores the risk that people sector provider to run the establishment and, significantly, may plead guilty, at least to the less serious charges, on to confer on it and its employees the right to use force financial grounds; and ignores both the reality of life to maintain good order and discipline, for offenders and the system’s present inability to deal “if authorised … by college rules”, with unpaid fines and confiscation orders. The Prison Reform Trust points out that offenders as set out in Schedule 6. Who will make these rules? are twice as likely to have employment problems as the Will they be subject to parliamentary approval, and if average, four times as likely to have housing problems, so by which method? Why have the Government rejected 13 times as likely to be homeless, and three and a half the advice of the Joint Committee on Human Rights times as likely to be in debt. Meanwhile Justice points that the use of force on children and young people for out that Her Majesty’s Courts and Tribunals Service is the purpose of good order and discipline is incompatible owed £2 billion— including £1.3 billion in unenforced with Articles 3 and 8 of the European Convention on confiscation orders—and in 2010 the debt for criminal Human Rights? Why will they not adopt the committee’s penalties was £608 million, two-thirds of which had obviously correct formulation that secure college rules been outstanding for more than 12 months. One might should, have thought that the Government would give priority “only authorise the use of reasonable force on children as a last to collecting these debts, rather than creating this new resort; only for the purposes of preventing harm to the child or provision. others, and that only the minimum force necessary should be used”? Finally in Part 3, I mention the belated inclusion of Clause 45, no doubt once again at the behest of the We have heard too many disturbing accounts of excessive Conservative Party’s friends and supporters in the force being used by private contractors on inmates of insurance industry, of yet another mandatory requirement, Yarl’s Wood and on deportees to countenance the namely that if the court in a civil case is satisfied on possibility of similar actions in secure colleges. This the balance of probabilities that a claimant has been policy—the objects of which we of course agree with— “fundamentally dishonest”—whatever that means—in needs rethinking The Government should pilot a much relation to his claim, it must dismiss the claim unless smaller scheme with a narrower age range, close to this would cause substantial injustice. Again, this is where the children come from. It is difficult to avoid presumably a moveable feast. Of course, a court can the suspicion that, as with the larger adult prisons the already penalise a claimant in costs if it is satisfied that Government are bent on building, they are more a claim has been exaggerated but, more to the point, concerned with reducing per capita costs than providing this is an entirely one-sided sanction. A defendant the necessary services at an appropriate and local 1547 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1548 level. Wholesaling and warehousing large numbers of as to whether to allow an intervention. We look forward damaged and vulnerable youngsters is not the way to hearing the outcome of the Minister’s latest forward. deliberations. Finally, and perhaps most disturbingly, we come to Two further matters that relate to costs are contained Part 4 and the Government’s latest efforts to undermine in Clauses 68 and 69. Cost-capping orders for claimants judicial review. The Government are very deliberately are welcome, but crucially can be made only on application making it much more difficult to challenge the lawfulness after the permission stage. Much work will have been of decision-making, at least for those with limited done up to that point and there will be no protection financial resources. I have already disposed of the from liability for costs for an applicant if unsuccessful. bogus claim that the current case load is excessive. Let That is no great problem for a developer seeking me now deal with the barriers that are being deliberately judicial review against a local authority, but it is quite being put in place to obstruct access to justice in this otherwise for an applicant of modest means or a area, so vital to our democracy and system of government. charity. The provision that secondary legislation may Let us not forget the fences already in place in the specify the ingredients of a public interest claim is form of restrictions to legal aid and on the payment of absolutely unacceptable, especially as the Government fees for preparatory work, which so often leads to are likely to be the defendant in many judicial review matters being satisfactorily resolved without proceeding cases. Clause 69 once again imposes a mandatory duty to trial. Once again substituting their judgment for to limit the costs that can be recovered by an applicant that of the judiciary, the Government, in Clause 64, with a controlled costs order, thereby creating reciprocal impose a mandatory requirement to refuse relief at the costs protection to the defendant entirely irrespective permission stage, of means. Equally, that is an entirely unreasonable “if it appears … highly likely that the outcome … would not have fettering of the existing judicial discretion. been substantially different if the conduct complained of had not As I have said before, despite the assurances of the occurred”. Minister, judicial review, like legal aid, is being deliberately How can the court do that without a full consideration dismantled. Characteristically, the Minister has given of the case? In that event, where is the saving? How, a lucid exposition of a deeply flawed Bill. The Opposition given that legal aid is not available for that stage, can a will work with others across the House to improve it claimant make his case? Moreover, if procedural or where we can and oppose those provisions that we legal errors are made, there must be some mechanism cannot. There are thoughtful Members on the government by which those failures can be challenged, even if the Benches who must share some of the misgivings that ultimate outcome is the same. That is what the rule of will be voiced around the House today. I hope we can law requires. work together in the interests of justice to improve this Clauses 65 and 66, to which the Minister referred, legislation. deal with the finances and membership of applicants and organisations and require the court to take that information into account when determining costs— 3.48 pm another mandatory imposition, clearly designed to Lord Marks of Henley-on-Thames (LD): My Lords, discourage organisations and supporters, including, as we come to the Bill at a time when crime is falling. In Liberty points out, charities, solicitors acting pro bono 2013, according to the Crime Survey for England and or even family members, from supporting a claim Wales, there was a 15% fall in crime overall to its where no legal aid is available. That principle is extended lowest level in more than 30 years. The fall in violent by Clause 67 to interveners: those who, after applying crime has been particularly marked. It has fallen for for the leave of the court to intervene to take part in each of the past five years, which is profoundly welcome. the case—a necessary step—can then be required to What is more, with the rehabilitation revolution and pay not only their own costs but any costs incurred by the measures we took last year in the Offender other parties as a result. Only exceptional circumstances, Rehabilitation Act, I believe we have started to tackle typically not defined, but originally to be defined by the scourge of persistent reoffending that has blighted secondary legislation, would avoid this. However, the the lives of so many of our young people. On these court already has discretion in these matters. Why Benches we are particularly proud of the contribution include this provision at all, except as a deterrent? We in this area made by my noble friend Lord McNally, are talking, essentially, about public interest intervention, who I am delighted to see in his place today. I know not individuals pursuing their own interests. In the Bill the whole House welcomes his inspired appointment as it stands, there is a clear threat to organisations as chairman of the YouthJustice Board. In the criminal such as Liberty, Justice and the Howard League, which justice field, the Bill should be judged by its contribution have played such an important part in defending the to cutting crime in general further, and in particular to rule of law. I very much welcome the promise the helping young offenders avoid reoffending. Minister has made today. I hope there will be a judicious The Bill creates new offences, which we welcome. review of an injudicious proposal and that we will The most significant proposals are those to make ill have an opportunity to see the results of that in treatment or wilful neglect by care workers a specific Committee. offence and to create another offence for care providers The Secretary of State has claimed that pressure of gross neglect of their duty of care. Those in their groups use individuals as “human shields” to challenge charge have a right to expect to be looked after the Government—a claim rejected by the Joint Committee professionally, carefully and compassionately. We have on Human Rights and the Public Bill Committee. all been appalled by the many recent accounts of lack Moreover, as Liberty points out, the court has discretion of care in care homes and hospitals. Mid Staffordshire, 1549 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1550

[LORD MARKS OF HENLEY-ON-THAMES] forward to the consultation promised by my noble which was mentioned by my noble friend, Winterbourne friend on the secure college rules. My noble friend View in Gloucestershire, and the care homes in Essex Lady Linklater will deal further with this topic in due and Croydon recently exposed by “Panorama” are but course. other examples of what has too often become regular If we have a general criticism of the Bill, it is that cruelty by carers, often attributable to systemic failures too many proposals in it would remove or limit judicial in the organisations that employ them. My right discretion. It seems to be infused with a lack of trust in honourable friend Paul Burstow in the other place has our judges. I regard some of the proposals as presenting worked hard in advocating such provisions as are now a real danger of injustice in cases which should be proposed. His expertise on the subject and his commitment dealt with on an individual basis, not by the application to better care are well known. These new offences will of a blanket rule regardless of the particular circumstances. help to prevent such ill treatment and neglect, and to deal effectively with these terrible cases where they The proposal in the Bill that I fear most risks occur. injustice is that for a mandatory sentence of six months’ imprisonment for adult offenders, and four months A further specific offence of police corruption may for 16 and 17 year-olds, for a second offence of possessing add only a little to the existing law, but it will serve to a knife in a public place. This was proposed as an make it clear to police and public alike that police amendment in the House of Commons from the officers are entrusted with special powers, that they Conservative Benches by my honourable friend Nick hold a position and role in society that makes it de Bois. Regrettably, Labour MPs lined up alongside incumbent upon them to observe the highest standards the Conservative Back-Bench Members to support it. and that, if they should fall short of those standards Liberal Democrats in the Lower House opposed the and act corruptly, they can expect to be dealt with amendment and we will do so again in your Lordships’ severely. House. We also welcome the proposal that images of rape Of course knife crime is extremely serious and we are to be classified as pornographic. That is obviously must come down very hard on it. In many cases where right, and the proposed defence that acts portrayed an offender repeats an offence of possessing a knife in were in fact consensual strikes a reasonable balance. a public place, he or she will richly deserve a custodial We will, however, seek to add a new clause outlawing sentence, but that should be for judges to decide on a so-called “revenge porn”—that is, putting intimate case-by-case basis. Compulsory custodial sentences pictures of former lovers on the internet without their are the wrong way to deal with the issue. They stop consent. This nasty practice, if not curbed by law, judges deciding who deserves prison and whether prison threatens to become more widespread with the advent will do any good in a particular case. They threaten to of high-definition video cameras on phones and cameras affect young black people disproportionately because built into glasses. Such mean acts of revenge can have more of them are subject to stop and search. There is profound and devastating effects on their victims’ no proof that compulsory prison works. As my honourable lives, causing deep distress, often psychological illness friend Julian Huppert said in the Commons: and havoc within personal, family and work relationships. In the other place, my honourable friend Julian Huppert “The question … is whether we should do the thing that sounds the toughest or the things that actually work”. [Official suggested making this practice an offence, and my Report, Commons, 17/6/14; col. 1034.] right honourable friend Maria Miller organised an Adjournment debate on the subject. We have put all our emphasis in this Parliament on keeping young offenders out of prison where we can On the issue of rehabilitation, we will be looking and rehabilitating them to lead useful lives in the carefully at the proposals for secure colleges. My party community. Compulsory sentences are costly and has been at the forefront of advocating a greater overcrowd our prisons. This is a retrograde step for emphasis on education in custody for adults and young rehabilitation. offenders alike. I welcome my noble friend’s commitment to education for people in custody. However, I wonder It is true that the Bill would permit a court to whether the establishment of secure colleges may not refrain from passing the mandatory sentence if, risk large numbers of young offenders being sent to a “the court is of the opinion that there are particular circumstances small number of large institutions, often far away which … relate to the offence or to the offender, and … would from their homes, instead of to smaller ones with make it unjust to do so in all the circumstances”. more personalised care and more links with their But that only serves to make my point: if a particular homes and families. I invite my noble friend to consider, circumstances exception is to be widely applied, it with other Ministers in the department, how we can makes a nonsense of the provision for mandatory ensure that sentences served in secure colleges will not sentences; if only rarely applied, serious injustice is jeopardise the greater opportunity for through-the-gate caused in a number of cases. We are not persuaded support, which we have been at such pains to provide that there is any justification for this approach beyond, and encourage for offenders close to their communities I regret to say, a desire to appeal to a populist press before, as well as after, release. with an eye-catching message that we are tough on For my part, I am also unclear how meaningful knife crime. courses are to be organised in secure colleges. Offenders We are also concerned about the compulsory are, after all, sentenced all year round, not just at the imposition of a criminal courts charge upon conviction, beginning of college terms. Their sentences also vary even for offenders who cannot afford it and for whom in length. I am concerned that college-style courses employment prospects may be affected by the existence may simply not work for many offenders. We look of an outstanding charge because they cannot get 1551 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1552 credit and they are concerned by the effect on their importance. But what of the innocent member of the earnings. I am concerned about the proposal that a public who has been wronged in a particular but court must dismiss the whole of a personal injury unusual case of government irrationality—nothing of claim if it is tainted by fundamental dishonesty. As general public importance but a serious case of injustice? someone who has conducted many personal injury Why should that citizen not have costs protection if cases over the years for both claimants and defendants, the judge thinks it right that he should? In all these my experience is that dishonesty in the presentation of cases, as the noble Lord, Lord Beecham, pointed out, personal injury claims is, regrettably, not uncommon. judges have at the moment appropriate powers in Defendants can often produce convincing evidence, relation to costs and judges decide how they should with the aid of video surveillance or otherwise, to best be exercised. demonstrate that the degree of injury allegedly sustained We will also wish to consider how far the proposed by claimants, and the consequences of such injury, permissive power to make regulations to exempt have been wildly exaggerated. environmental judicial review cases from the restriction For my part, I have always believed that in appropriate on cost capping complies with our duty under the circumstances, judges should have the power to throw Aarhus convention to provide access to justice in out an entire case for extreme dishonesty or to reduce environmental cases that is awards of damages to reflect the court’s view of such “fair, equitable … and not prohibitively expensive”. dishonesty. However, there are many cases which are That will be difficult when the Aarhus Convention affected by what might reasonably be described as Compliance Committee has found that under our fundamental dishonesty where the needs of the claimant existing rules, the United Kingdom already fails that for the rest of his or her life must come first and in test. fairness must be met, and where completely depriving There is no evidence that our judges let frivolous the claimant of damages would be very wrong. But challenges or challenges that are of academic interest instead of giving a judge a discretionary power to only because they make no difference, consume public reject an entire claim or reduce damages to an appropriate resources unnecessarily. There is no established need extent, this clause would provide that the court must for the cost deterrents in Part 4, and a justified fear dismiss the claim unless satisfied that the claimant that they will stifle legitimate cases. We will scrutinise would otherwise suffer substantial injustice. Once again, Part 4 very carefully and resist unwarranted intrusions I sense a lack of trust in judges to act sensibly in the by legislation into areas that are best left to judicial exercise of their discretion in accordance with the discretion, particularly where what is at stake is the justice and requirements of the particular case that citizen’s right to hold the Executive to account in our they are hearing. courts. I turn finally to the proposals for judicial review. 4.04 pm Judicial review is the precious right of the citizen to challenge the Executive in the courts when a Government Lord Lloyd of Berwick (CB): My Lords, we have act unlawfully or exceed their powers. The law has just listened to two very powerful speeches, which have been developed, as my noble friend said, over recent covered the whole scope of the Bill. For my part, I decades into what I suggest this House knows is an shall concentrate only on Part 1, in which there is effective and elegant body of law. One understands much to criticise in detail when we come to Committee. that Governments do not relish being challenged in Taken as a whole, I find Part 1 profoundly depressing. the courts: it is inconvenient. But it is the constitutional We have 28 new clauses full of new offences and duty of this House to protect the right of challenge increased penalties at a time when, as the noble Lord, and to trust our judges to deal with challenges fairly Lord Marks, demonstrated, and as we all agree, crime and in accordance with the law. is actually falling and the prisons are full. When I became a judge, not so very long ago, there The measures proposed in the Bill for judicial review was a prison population of 35,000. It is now 85,350. risk deterring people with means from supporting How can such an increase be explained, let alone legal challenges by making them disclose all their justified? Mr Grayling says that there is no crisis assets and threatening them with widespread orders to because he has 1,000 spare prison places. However, the pay the Government’s costs personally. The proposals story from individual prisons is very different: Wandsworth would prevent campaigning organisations and others is currently operating at 169% of capacity while Durham, joining in on cases as interveners to put the public’s which was built for just under 600 prisoners, currently case by making interveners pay all parties’ costs of accommodates 940. Mr Grayling says that there has their intervention and by preventing them getting been an unexpected increase in the demand for places their costs even when they win—and ex hypothesi and has suggested that one reason might be the number therefore, even when they have shown that the Government of recent convictions for historic sex offences. I would were in the wrong. Campaigning organisations would like to suggest a much more likely reason. Home find it harder to raise money to challenge the Government Secretaries, as we have seen, have an itch for taking a in the public interest. I welcome the indication from hand in sentencing—and now, to Home Secretaries of my noble friend today that the Government are open the past, we have to add the Lord Chancellor. to persuasion on these provisions, but that persuasion I will give an example of what I know from my own needs to go a long way to produce a lot of movement. experience. In the old days, the tariff in murder cases Further provisions would allow the courts to protect was fixed, or I should say recommended, by the trial litigants from costs orders—the so-called costs-capping judge, and the Lord Chief Justice would add his orders—against them only in cases of general public comments. Sometimes, the Home Secretary would 1553 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1554

[LORD LLOYD OF BERWICK] will be nine years before the backlog is cleared. That is accept the judicial recommendation, but in most cases the position in general, but I am particularly concerned he did not, for no very good reason that I could see. about a group of 773 prisoners who were given tariffs Then came the case of Anderson in the House of of two years or less in 2007 before Section 225 was Lords, in which it was held that sentencing was the amended. If they had been sentenced in 2008 instead province of judges and not the Home Secretary, who of 2007, they could not have been given IPP sentences, must therefore play no part in fixing the tariff. so they would by now be out of prison: indeed, they Mr Blunkett, who was then Home Secretary, had a would have been out of prison long ago. Yet they are riposte: Schedule 21 of the 2003 Act. Under that still in prison. schedule, an elaborate framework has been created Some 275 of them are five years or more over tariff; within which judges are now required to operate. some as long as eight years over tariff, including There are four different starting points, and lists of 37 where the tariff was less than six months. Can aggravating and mitigating factors which sometimes, nothing be done for these people to speed up their as we have seen recently, conflict. I have never understood release? The answer the Minister should give is, “Yes, the reason for Schedule 21. But I have no doubt at all something can be done”. When Parliament repealed as to its effect. It has increased the tariff in murder Section 225 in 2012, it was well aware of the backlog cases from 13 years, as it was, to 17.5 years, as it is that had been created and of the need to so something now. We now have more persons serving life sentences about it. So Kenneth Clarke introduced a new clause than in the rest of Europe put together—about which giving the Lord Chancellor the power to alter the I hope we will be hearing later from my noble friend release test in the case of IPP prisoners. It need no Lady Stern. longer be the same for other lifers, as it had been and However, none of this seems to worry Mr Grayling— as indeed it still is; nor need it even depend on an like Gallio, he cares for none of these things. As he assessment of risk. said recently, he makes no apology for the fact that, This new power is contained in Section 128 of the under this Government, there are more people going 2012 Act. It is obvious that it was included in the Act to prison than ever before, and for longer sentences. for one purpose only: to speed up the release. I have no How very different he is in that respect from his reason to doubt that if Kenneth Clarke were still Lord predecessor, Kenneth Clarke. It was one of Kenneth Chancellor, he would have exercised the power contained Clarke’s objectives as Lord Chancellor to reduce the in that provision. He had already described the existing prison population. One of the ways he set about doing state of affairs as unfair and unjust, for the very that was to repeal Section 225 of the 2003 Act. That reasons that I have mentioned. was the section that enabled—and in many cases Some time—very soon—after Mr Grayling became required—judges to pass indeterminate sentences for Lord Chancellor, I asked him whether he intended to the protection of the public instead of determinate exercise the powers that he had been given by Parliament sentences. That was another new idea of Mr Blunkett to deal with the backlog. He said that he had no such and I would like to say a little more about it. intention. The only reason he has ever given is that it The original idea was that it would apply to a small would not be right or appropriate to interfere with the group of serious offenders—perhaps a few hundred a sentences lawfully imposed by the judges. However, in year at most—for whom an ordinary determinate the case of the 773 prisoners given sentences of two sentence would not provide sufficient safety for the years or less, that reason will not hold. In their case, public. That was how it was described by the noble the judges had no discretion one way or the other; they and learned Baroness, Lady Scotland, when she introduced were bound to assume dangerousness until Section 225 the Bill into this House. However, the result was very was amended in 2007. different. Far more prisoners were given indeterminate Mr Grayling must surely find some better reason sentences than was ever anticipated, many with tariffs for not exercising the power he has been given in of as little as two years or less—some as little as six relation to those prisoners. Nobody is suggesting that months. he should release prisoners who are “dangerous” in The Government were completely unprepared. Very the ordinary sense of the word, but he should find few such prisoners were being released as they could some way of dealing with those with tariffs of two not get before the Parole Board and, in the test case of years or less under the powers which he has been given James and others, the European Court of Human for that very purpose. With tariffs as short as that, Rights held that in these circumstances their detention they cannot have been among the most serious offenders. was arbitrary and therefore unlawful. In 2007, Section 225 In the case of 37 prisoners with tariffs of six months was amended so as to stem the flow of new inmates, or less, we now know that 24 of them have a low risk but it was too little and too late. By 2012 there was no of reoffending—yet they are still in prison. The matter alternative but to repeal Section 225 altogether. Kenneth cannot be put better than it was in a leader in the Clarke described it as having been a stain on the Times on 25 March. It made this point: system, and so it was. “The scandal Mr Grayling should address is that a process set However, in the mean time, a huge backlog had in law”, built up. Currently there are 5,500 prisoners serving should be “followed in life”. I hope that Mr Grayling IPP sentences of a kind that could not now be lawfully will do just that—not just, as the Times said, to save imposed. Of these, 3,500 have already passed their some £40,000 a year for every prisoner released or to tariff with little hope of early release. The present rate reduce overcrowding but to restore to these prisoners of release is running at about 400 a year. At that rate it some sense that they are being fairly and justly treated, 1555 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1556 not only with regard to their victims but as between that it is legitimate to use physical constraint on a themselves. It would thus remove what Kenneth Clarke child only in order to prevent harm to the child or rightly described as a stain in the system that still others. A Bill which insists on the presumption of a remains. custodial sentence for anyone, including a child, carrying a knife might by the same token be expected to keep to a minimum the use of physical force on children by the 4.18 pm state’s own officers. The Lord Bishop of Oxford: My Lords, I am not The other important theme to which I draw attention among those who decry the frequency with which is access to justice and the ability to hold the Executive criminal justice Bills come along. The world is changing to account for their actions. The impact of the proposed fast and the shapes assumed by criminality change no changes to judicial review has to be seen in the context less quickly. It is important to respond to change and of a cumulative series of changes relating to legal aid to take care that the unchanging core of justice—a and judicial review from the time of the Legal Aid, British value if ever there was one, as well as a Biblical Sentencing and Punishment of Offenders Act 2012 value—is honoured both in the detail and in the onwards. Judicial review is a vital element in our overall direction of policy on the criminal law and its system of democracy and in ensuring that elected enforcement. authorities act in accordance with the law. The executive This fourth Bill of the present Government contains power at every level must be subject to law. In the much that is welcome. For example, it makes prisons pages of scripture, in Deuteronomy, the King of Israel slightly safer places through allowing non-controlled is told that he must not consider himself better than drugs to be tested for at a time when some prescription his fellow Israelites or turn from the law to the right or drugs have become a destructive form of currency. It to the left. The same applies to all public authorities at will also make some vulnerable people safer from the all times. tiny minority of care workers who may ill treat or wilfully neglect them. It will increase protection from The 2012 Act reduced the eligibility threshold for extreme pornography and appropriately raise maximum legal aid and cut legal aid across many areas without sentences for malicious communications. All that is affecting the funding of judicial review. Eight days welcome. It will ensure that cautions will be issued to after the 2012 regime came into force, the Ministry of 17 year-olds only in the presence of an appropriate Justice published proposals for further changes in adult. That will complete the changes made to police legal aid funding for judicial review, including the procedures so that all children under 18 are treated as introduction of a residence test. In addition, new rules children, which they are. on time limits may well further limit access to justice. It is disturbing when the Bar Council says that when Children and young people are a particularly high combined with other recent government measures for priority for me as much of my time is spent supporting changing the law of judicial review, these changes, if the causes of education and services to children and enacted in their current form, will immunise government young people. For that reason, I am especially interested and other public authorities from effective legal challenge. in the proposals for secure colleges. I hesitate to raise questions about secure colleges, since opposition to Where there has been a case for the overuse of them has been authoritatively described in the other judicial review, in planning or immigration matters, place as “bonkers”. One cannot deny the attraction of for example, changes have already been made. It is no a vision of a college for children convicted of an longer possible to sustain the claim that there has been offence serious enough to warrant detention which is massive expansion in judicial review cases requiring just like a school surrounded by an unobtrusive fence urgent action. Nor is there evidence that the permission and with a first-rate education programme. It sounds stage in judicial review has become too lax, letting good. However, the Bill presents this vision in soft through groundless claims. focus and with very little clarity of detail. That is It is important that the system strikes a balance where I get anxious. between the interest of claimants and defendants so The number of children in secure custody has reduced that justice is done. The proposals in the Bill risk greatly in recent years, which is an achievement in tilting that balance too far in the direction of the itself. The children are looked after in relatively small defendant. The charge that judicial review has become institutions, which are small enough to focus on the a campaigning tool for pressure groups does not seem individual. Even the larger young offender institutions to be recognised by those who know the field well. The in existence now are considerably smaller than the Bill’s proposals would raise the threshold for bringing proposed secure colleges. Children from 12 years of a case, and in various ways would increase the financial age and upwards, currently held in secure children’s risk for those bringing a case and for charities and homes, would be in the secure college. Girls—again other bodies wishing to intervene in a case. It seems there are only a small number of them—would also be inevitable that it will be the individuals and groups held there. What seems certain is that, on average, with a sufficient financial base that will be able to risk children would be held much further away from their losses and enter into the judicial review process. home area than at present. We are told that specialist Many other aspects of the Bill will merit close subunits on the college site would care for these minorities. examination. For example, we may need to consider No one quite seems to know how that would work. the extra burdens to be placed on the already hard-pressed One telling detail in the Bill is that it gives to secure Parole Board, as has already been mentioned. The college staff the power to use reasonable force to fixed-term recall for some others is another issue. At maintain good order and discipline. I must protest this stage, however, it is the proper care of troubled 1557 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1558

[THE LORD BISHOP OF OXFORD] I oversaw the cases they supported or intervened in. I children and the ability of people with fewer material know how important those cases were: for example, resources to challenge decisions of those with executive the decision that a local authority’s blanket ban on authority that I wish to emphasise as legitimate concerns manual lifting and handling, which deprived two seriously for the House. disabled sisters of any control over their lives, was unlawful. That ruling has had a life-changing impact 4.26 pm on the practice and procedures of all local authorities. Baroness Campbell of Surbiton (CB): My Lords, I Although we are not here to discuss legal aid today, find myself in unfamiliar territory today as criminal the proposals in Part 4 of the Bill must be considered justice is not my usual stomping ground, but I feel an in that context. The legal aid changes will make it urgency to raise again my deep concern about the harder for people to secure advice and representation. cumulative impact of the Government’s reforms—let Increased fees already make it more difficult for those us call it death by a thousand cuts—on the lives of without means to access judicial review. Part 4 will disabled people. I am aware that many fine legal minds introduce further barriers, and may restrict judges’ might also be taking the Minister to task, so I will be discretion to act fairly in cases that should be heard in in good company. the public interest. Less than two months ago I spoke in support of a I have questions to put to the Minister in two areas Motion laid by the noble Lord, Lord Pannick, to of these proposals. The first relates to the “no difference” regret the Government’s changes to legal aid for judicial test. Clause 64 will require judges to refuse judicial review. Having looked very closely at Part 4 of the Bill, review where, even if a local authority acted unlawfully, I realise how critical the connection is between these the outcome would be “highly likely” to have been no two debates. different. Consider a failure by a local authority to The Government have presented their changes to consult the community in its decision to withdraw a judicial review as no more than tinkering with dusty service. Are the Government really asking a judge to and irrelevant procedures. Nothing could be further “guesstimate” what the outcome of that consultation from the truth. Judicial review and access to justice might have been and what disabled people might have have never been more important, particularly for people said in response? Will he then guess how the local with disabilities, who, let us face it, are financially authority might have responded? Is second-guessing challenged. Disabled people have far more contact part of the judge’s role? with public agencies, whose decisions may have a The second area for the Minister relates to the devastating impact on how we live. It is not surprising, disclosure of financial information. Under Clauses 65 therefore, that the means of ensuring that those decisions and 66, judicial review claimants will have to provide are taken lawfully, fairly and as Parliament intended is information on their financial resources before their so highly prized. The Government tamper with it at claim can proceed. The Government say that they their peril. want to stop claimants being used as “human shields” Much has been made of a few high-profile cases to by unscrupulous persons trying to avoid court costs. make the case for this change. The bread and butter of That really does not ring true to me. judicial review is not about Richard III; it is about Of concern is the worrying effect of these measures ordinary people and their relationship with administrative on poorer claimants and those who are willing to and organisational power. As I said in the Motion of support them if they cannot get legal aid. If my cousin Regret, gives me £5,000 to help me challenge a decision about “judicial review … is about people standing up to public bodies my support, will that open up the spectre of an order when”— for court costs, putting her home at risk? What about and they do— lawyers volunteering their services pro bono? Would “they get it just plain wrong”.—[Official Report, 7 May 2014; their gifts in kind put them at similar risk? If not, col. 1549.] where is the reassurance in the Bill? I hope that the Take the Tracey family, who established at the Minister will clarify this. Court of Appeal that an NHS trust had acted unlawfully by placing a DNR—“Do Not Resuscitate”—order on The Joint Committee on Human Rights has published their mother’s records without consulting her. In a a powerful critique of these proposals. I had the landmark judgment, the appeal court stressed that the privilege of serving on that committee and I know duty to consult is an integral part of respecting patients’ how hard it works to reach a cross-party consensus on dignity. That case could have been mine. I know only politically contentious cases. I wholeheartedly endorse too well how frightening it is to have a DNR order its conclusion that the case for change is not made and placed on my hospital notes. Ten years ago, I faced it that Part 4, if not heavily amended in Committee, myself when admitted to hospital with pneumonia. should be rejected. But I am heartened today by the Luckily, the DNR order was spotted early, and on that Minister’s comments that having listened to concerns occasion the situation was resolved—I am here—but I raised on this in the other place, he may consider was always afraid that this could happen to other amendments in Committee. I look forward to holding disabled people. The Tracey family judgment has gone the Minister to this when he returns in Committee, a long way towards allaying our fears and making us and I will be back too. feel safer—judicial review. Disabled people, more than any other group, have As noble Lords will know, I served for many years experienced the cumulative burden of myriad government as a commissioner on the Disability Rights Commission reforms in recent years. Please let us not make access and then the Equality and Human Rights Commission. to justice the final injustice. 1559 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1560

4.35 pm return in a moment. When we get these phone calls Lord Hunt of Wirral (Con): My Lords, first I declare and text messages when we have not had an accident, my interests as set out in the register, in particular as a let alone a whiplash injury, urging us to bring a claim practising solicitor and partner for the last 46 years in and being assured that we can get money and that it an international commercial law firm, DAC Beachcroft. will not cost us a penny, I really think that we have to I am also very proud to be vice-chairman of Justice. I take further measures to regulate the sector. am relieved and pleased to see in her place the chair, The Bill is significant and far-reaching, and I want the noble Baroness, Lady Kennedy of The Shaws. I to concentrate first on Clauses 17 and 18. Once again know that she will deal with some of the points, in we had a gap in the law. As one of my colleagues particular those just raised by the noble Baroness, pointed out, in effect this is legislation to fill an odd Lady Campbell of Surbiton, because Justice is concerned gap, whereby a carer could wilfully neglect or ill treat that the Bill raises significant issues in its proposals for an incapable patient and be criminally prosecuted for the change to criminal and civil law regarding access it but commit the same act in relation to a capable to justice. I think we all want time to reflect on what patient and have no obvious route to criminal sanction. the noble Baroness said about Clauses 64, 65 and 66, That was the gap. We are now moving in another and we look forward to hearing the Minister’s reply. direction, where we must be careful about the law of I wish to concentrate on two areas, referred to by unintended consequences. This new offence—in particular, the noble Lord, Lord Beecham, from the opposition the addition of a provider level, which is in effect a Benches. I would first like ask him why he looked at corporate offence—is a significant addition, augmenting me so critically when he said “cavalier”. I am not quite the Care Quality Commission’s regulatory breach channels sure why he did this. I could respond by saying that it of sanction and duplicating the Health and Safety takes a Roundhead to spot a Cavalier, but I would not Executive’s regulatory sanctions against corporate bodies dream of doing so. and directors. So we have to think through how we make sure that we avoid doing exactly the opposite of Lord Beecham: The noble Lord makes precisely the what is intended. remark I was about to make. I was not conscious of I urge on my noble friend the Minister the need for looking at the noble Lord. A cat, of course, may look clear advice to the sector and the police. In particular, at a king. I hope I may look at the noble Lord how is it decided that the differences between these occasionally. three offences, or perhaps even four offences in some cases, should be clearly laid down? How is it to be Lord Hunt of Wirral: I am relieved, mainly because decided which cases go into which investigative process? I always pride myself on being a master of the single A provider could face three or four investigative threats entendre, so I am happy I did not go down that route. arising from a single event. How well formed is that I formally welcome the Bill as an opportunity necessary clarity? I agree with my noble friend that we continually to revise the law. In many respects this have to do something; we cannot allow the situation to House points out, as the noble and learned Lord, develop whereby people who are guilty of very serious Lord Lloyd of Berwick, did once again, that we must acts are able to escape unpunished. Equally, we must be very careful about passing new laws and new provisions, heed those in the professional organisations who point but we must always reflect on how we can improve the out that there has to be a need for the Crown Prosecution existing law while always avoiding the law of unintended Service to develop clear guidelines as to the circumstances consequences. I suppose I could slightly misquote in which prosecution will follow, to quote the BMA, Socrates by saying that good people do not need laws; “to provide care workers with the assurances they need to encourage bad people will always find a way around them. Therefore, incident reporting”. we must proceed with caution, particularly when we It is an area on which I hope we will focus when we go create new offences. into Committee. If I could I will also add my own experience of I move on to the other part of the Bill that appeared speaking from the opposition Bench on the Compensation for the first time at the last moment in the other place. Act 2006, when the regulation of claims management Clause 45 is called, “Personal injury claims: cases of was first brought in. Kevin Rousell has done a magnificent fundamental dishonesty”. It is very difficult to disagree job with limited resources in running that unit. It was that when someone has been fundamentally dishonest always agreed from this Bench by the then Minister, they should not be punished in some way. As with the noble Baroness, Lady Ashton, that the claims claims farmers, we have seen far too much of this management unit within the Ministry of Justice would dishonesty, so to stop someone who has a valid claim act as a sort of temporary regulator and eventually the from exaggerating any part of it, which is the deterrent Legal Services Board would take on the responsibility effect of what is proposed, is an admirable intention. for proper regulation. I know that some of my noble But what does it mean to be fundamentally dishonest? friends have elsewhere urged that it should be the FCA What is the difference between dishonesty and that takes on responsibility, but I think we have to deal fundamental dishonesty? Is it a civil standard of proof? with proper and effective regulation of claims management To impose a criminal standard of proof would make it companies. extremely difficult to bring any defence on this basis. The claims farmers allege that I have a vendetta We also have the situation, which I have known in against them—and I plead guilty, because I think that my career as a practising solicitor, where quite often some of them are responsible for the most outrageous an overzealous claimant lawyer will include all sorts of practices. The noble Lord, Lord Marks, referred to the areas of claim for which the claimant probably never element of fundamental dishonesty, to which I shall had it in mind to sue and perhaps will link subsequent 1561 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1562

[LORD HUNT OF WIRRAL] may wonder why I am speaking about this. Having injuries to the original accident, when they were clearly been a police officer for 30 years, I thought that it due to something that happened afterwards and might be obvious. I do not think that I can be accused independently. How are we going to deal with a genuine of being an apologist for the police service. Anyone injury that has nothing at all to do with the incident who thinks that should see last week’s “Panorama” that has given rise to the claim? programme. Indeed, I was one of the parties who took I do not say for a moment that we are opening up the police to judicial review over the phone hacking Pandora’s box, because I strongly support the view issue, and I will come back to that in a moment. that we have to eradicate dishonesty from civil claims. A number of cases concerning police misconduct However, we have to proceed carefully and with caution, have recently come into the public consciousness—one and there may be a need for clarification and further was mentioned by the Minister in his opening speech. amendment. However, the one recent case that resulted in a prosecution I say this as someone who practises in this area: we was that of a police officer for misconduct in a public do often see genuine claims. However, as many noble office. Although the police officer was off duty, the Lords pointed out in previous debates, we are seeing case was successful and he was jailed. Therefore, I have far too many exaggerated claims and claims that have two questions for the Minister. Like my noble friend no real fundamental basis for litigation. Therefore I Lord Marks, I accept that the police have special particularly want for all those concerned in this area a powers, but is the measure necessary at all in that there clear message that dishonesty is not to be tolerated. If is an overlap with misconduct in a public office, which that message can be strong enough, we will have appears to be entirely adequate to cover the matters in achieved something. the new provision? I am a liberal and I believe that we Finally, as far as the National Health Service is should have new laws only if they are absolutely concerned, we are seeing very substantial claims for necessary. future care, some of which dwarf the rest of the claim Secondly, if a new offence of misconduct in a and which are far bigger and more extensive than I public office is necessary, why have police officers ever experienced when dealing with matters like this, alone been singled out for this offence? Other people where I often found that the person who was injured who hold public office have similar powers—for example, was far better off in a hospital that dealt with similar immigration officers and officers from Her Majesty’s cases—whether it was a broken neck from jumping Revenue and Customs. If we are talking about access into a swimming pool or something of that nature—and to confidential information that might be given being alongside people with a similar injury, rather inappropriately to the media, we should note that than being allowed to develop a whole hospital around people working in the intelligence services and the their home. Ministry of Defence also have access to such information. We have to be mindful of the Chief Medical Officer’s Indeed, what about the conduct of politicians? We report, Making Amends. It was a long time ago, but at have powers and privileges and some of us have been the time we all welcomed it when he said that it was found to have allegedly offered to ask Parliamentary necessary to review again Section 2 of the Law Reform Questions for money or claimed expenses to which we (Personal Injuries) Act 1948. I think that time is now are not entitled. However, these new provisions do not upon us. I also urge my noble friend the Minister to cover any of that. Will the Minister therefore please consider, as he looks at personal injury claims of this reassure the House that the police are not being nature generally, introducing some form of capping, unreasonably singled out by this proposal? In his so that much needed money, particularly in the National opening remarks, he said that the existing offence of Health Service, is not diverted into dealing with very misconduct in public office was not always best suited substantial claims for future care but is far better to dealing with corruption. I would be grateful if he directed to the necessary rehabilitation that so many would elaborate on what that means. of us have supported for so long. Clause 25, which was introduced by way of an amendment in the other place, concerns the possession 4.48 pm of an offensive weapon or bladed article in public or on school premises and the imposition of a mandatory Lord Paddick (LD): My Lords, I am concerned custodial sentence. Consistent with my general concerns about the general thrust of this Bill. As my noble about the Bill and the removal of judicial discretion, friend Lord Marks of Henley-on-Thames and the not only does this clause compel judges to impose an noble and learned Lord have already said, that “appropriate custodial sentence”, it goes on to define general concern is what appears to be a withdrawal of what that sentence is. The whole point of having power and discretion from judges and handing it to judges, social workers, the probation service and, in Ministers. some cases, medical experts providing reports on the There are particular provisions I want to speak backgrounds of those convicted of offences is to ensure about. The noble Lord, Lord Beecham, criticised the that custodial and non-custodial sentences imposed Government for headline-grabbing measures. I hope by judges are appropriate. I also suggest that the that the Labour Opposition are not going to support imposition of a fixed custodial sentence in criminal headline-grabbing measures that suit their advantage proceedings without taking into account the antecedents and will actually oppose some of those measures that of the accused should never be considered an appropriate I think are headline grabbing, the first of which is custodial sentence. One has to ask what is the purpose Clause 23 on the corrupt or other improper exercise of of imposing such a draconian and inflexible punishment? police powers and privileges. Members of the House In my considerable experience as a police officer, criminals 1563 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1564 rarely, if ever, think about what the likely penalty will should not inform victims, and there is no explanation be before they commit a crime because they do not to date about why that original decision was not anticipate getting caught. implemented. In support of this amendment, some have quoted I and other victims, including the noble Lord, Lord the current Commissioner of Police for the Metropolis, Prescott, decided to ask for a judicial review of, among who says that he met offenders in a young offender other things, the police decision not even to inform the institution and they told him that they no longer victims of potential phone hacking, as we felt that carried guns because of the mandatory five-year sentence there was a fundamental principle here about the right for possession. Rather than a single anecdote, a colleague to a private and family life, and the police’s responsibility of mine conducted academically rigorous research to help such victims to protect their privacy. The noble with young offenders at the same institution, albeit Lord, Lord Prescott, put it more eloquently: “They some time ago. Most of them did not understand how should have told us to watch our phones”. Thankfully, they found themselves incarcerated—let alone that our lawyers were equally incensed and agreed to work this was a possibility at the forefront of their mind under a conditional fee agreement, but insurance against when they committed street robbery. Surely the purpose the costs payable to the other side if the case failed is of any legislation relating to the carrying of knives very difficult to secure in such cases, and in this case it and other offensive weapons must be to reduce the proved to be impossible. rate of offending and reoffending. Even with longer Again thankfully, a rich benefactor agreed to sentences, any beneficial effect of a custodial sentence underwrite the other side’s costs in the event of our is often thwarted by the overcrowding in prisons—a losing the case, but on the strict agreement that his problem that will only be made worse by measures identity would not be revealed unless and until it was such as this. What is likely to have the most beneficial necessary to do so. We won the judicial review on the effect on knife crime is to create the realistic belief in point that the police had acted illegally by not informing the mind of offenders that they will be caught. the victims of phone hacking in these circumstances, In order to improve the chances that this will happen, but it is doubtful that the case would have been the police need to work closely with people in communities brought at all if it were not for that benefactor. When I prone to this type of crime, who know who the knife- discussed the Bill with my lawyers, they questioned carriers are, and who need to be encouraged to pass on whether the proposed legislation would apply where such information to the police. If these members of costs are simply underwritten rather than when payment the public believe that their son, partner or friend will is made before the case proceeds. I should be grateful definitely be sent to prison if found in possession of a if the Minister can clarify whether a case such as mine knife, they are even less likely to provide that information would be affected by these new proposals. to the police than they are now. In the absence of such It appears to me that important cases—my case is specific intelligence, the police have to resort to the but one—are not going to be heard in the courts and type of stop-and-search operations that create division important points of law are not going to be established and resentment between the police and their communities. if the Bill is passed as it stands. I wish my noble friend Making detection more, not less, likely and allowing the very best of luck in reassuring me and this House judges to tailor sentences in a way that they consider on the issues I have raised. offers the best chance of rehabilitating the offender before them, rather than an inappropriate short-term 5pm sentence that is unlikely to prevent reoffending, must be a much better way forward. Lord Pannick (CB): My Lords, Part 4 of the Bill contains proposals that have the purpose, and will Finally, on a very different issue, I want to express have the effect, of impeding judicial review in performing my concern about the proposed changes to the provision its essential role of ensuring that public authorities, of information about financial resources in relation to including Ministers, act lawfully. In opening this debate, judicial review, contained in Clause 65. The new provision the Minister suggested that judicial review began in requires that the applicant for judicial review declares the 1970s. That uses as much poetic licence as Philip not only how the application will be financed but, Larkin’s suggestion—the noble Lord recalls the quote— “information about the source, nature and extent of financial that, resources available, or likely to be available, to the applicant to “Sexual intercourse began meet liabilities arising in connection with the application”. In nineteen sixty-three … Again, I want to speak about my personal Between the end of the ‘Chatterley’ ban experience. As we have learnt over recent years and And the Beatles’ first LP”. were reminded last week, evidence came into possession Judges have, of course, been examining the legality of of the police that many people had potentially been government action since the 17th century. the victims of phone hacking by News International, I have been in practice at the Bar since 1980, including me. Yet the police not only failed to properly representing claimants and government departments investigate those offences first time round, apparently in hundreds of judicial review applications. During for reason of “lack of resources”, they also failed to that time, each and every Government have shown tell the potential victims that they had identified them signs, perhaps understandably, of being irritated from as potential targets of illegal phone hacking. In a time to time by the power of the judiciary to identify police decision log relating to the case, a decision is and remedy unlawful conduct. When they calmed recorded that these victims should be informed. There down, however, Ministers recognised the value of what is no subsequent decision recorded that the police is central to the rule of law. They also had in mind a 1565 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1566

[LORD PANNICK] technicalities”, as the Minister suggested in his opening more pragmatic consideration—that they would not remarks. Clause 64 is also very unwise for practical be in power indefinitely and they would wish their reasons, because it will require the court, at the preliminary successors to be subject to the same proper constraints stage, to conduct a detailed review of what would have of the rule of law. happened. That would be time consuming and expensive, The current Secretary of State for Justice, Mr Grayling, and it would promote satellite litigation. is different. He has brought forward legislative proposals My second concern is Clause 67, which addresses to control judicial review, and helpfully explained why the costs of interveners in judicial review proceedings. he was doing so in an article, which I commend to all The Minister helpfully indicated that the Government noble Lords, in the Daily Mail on 6 September 2013. may look favourably on amendments to the clause. This is what he said: Let me explain why that would be very wise. Very “The professional campaigners of Britain … hire teams of often in judicial review cases the court allows a person lawyers who have turned”, or body to intervene because it has knowledge or judicial review “into a lucrative industry”. Judicial experience that may assist the court in deciding the review, he said, is a promotional tool for countless case. However, Clause 67 says that interveners may not left-wing campaigners and therefore needs to be reformed. receive their costs for doing so, other than in “exceptional It is a tribute to the sense of humour of the noble circumstances”. More troublingly, it says that, unless Lord, Lord Faulks, that in opening this debate he there are exceptional circumstances, the intervener emphasised the need to avoid legislating by reference must pay any costs incurred by a party as a result of to newspaper headlines. the intervention. That is wholly unnecessary. The current position is clear and fair: the court has a complete The Lord Chancellor repeated the thrust of his discretion over whether to allow an intervener to complaints when he spoke to your Lordships’Constitution appear, whether to order a party to pay the intervener’s Committee in March. I am aware of no evidence costs, or whether to order the intervener to pay the whatever to support his basis for legislating, and, more costs. I am unaware of any evidence produced by the importantly, nor is the judiciary who hear these cases Secretary of State, or, indeed, anyone else, to suggest five days a week. The response of the senior judiciary that there is a problem here. In any event, the provisions to the Ministry of Justice’s consultation last November in the Bill are manifestly unfair. They will deter public was that the judges had seen no, interest bodies, whether it is Liberty, the GMC or the “evidence of inappropriate use of judicial review as a campaigning UN High Commissioner for Refugees, from intervening. tool, and it is not the experience of the senior judiciary that this is They will not intervene if they are at risk of paying the a common problem”. costs other than in exceptional circumstances. The That is not to dispute that judicial review procedures courts derive considerable assistance from these public can be improved. The Fordham inquiry for the Bingham interest bodies, and it will be greatly to the detriment Centre for the Rule of Law made some very sensible of our law if this clause is enacted. suggestions earlier this year. What is objectionable is The third matter that causes me concern is Clauses the wish of the Lord Chancellor to restrict the means 68 to 70 on protective costs orders—PCOs. In a case by which the exercise of powers by himself and other that raises issues of public interest and importance, Ministers are subject to review for their legality by the court has a power, before the case is heard, to set independent judges. the maximum figure for the costs that a claimant will Clause 64 is the first objectionable provision. It be required to pay should their claim not succeed. The provides that courts and tribunals must refuse to allow object of a PCO is to ensure that a claimant who raises the judicial review application to proceed to a full issues of public importance should not be deterred hearing if the defendant shows that it is, from bringing the claim by the risk of having to pay “highly likely that the outcome for the applicant would not have unquantified costs. At the moment, PCOs are a matter been substantially different”. for the discretion of the court. The clauses will allow If the case does proceed to a full hearing, the court the grant of a PCO only when permission to bring a must refuse to give any remedy to the applicant if that judicial review has already been granted, but the risks same test is satisfied. That is objectionable on of having to pay the costs of a contested hearing for constitutional grounds. The clause instructs judges to permission will deter these claims from being brought. ignore unlawful conduct, and to do so in a context That, I am afraid, is precisely the aim of the Secretary where the Government themselves are the main defendant. of State. It is also objectionable because it fails to understand I suggest that it is also objectionable that Clause 69 that judicial review is concerned not just with the would give the Secretary of State the power to decide narrow interests of the individual claimant had the what are “public interest” cases for these purposes and results been different. Judicial review serves a public to define the factors which a court should take into interest by exposing systematic breaches by public account. These are simply not matters for a Minister authorities of legal requirements. One of the most by subordinate legislation—a Minister who is one of powerful remedies available to the court is the declaration, the potential defendants in the cases that he wants to about which the noble and learned Lord, Lord Woolf, regulate. Again, I have seen no evidence to suggest wrote the leading textbook. It tells the Government that the current exercise of these powers has caused and the world that what has been done is unlawful. any problems whatever, other than, of course, the Ministers and civil servants know that they must change general problem that government departments would their conduct for the future, and they do. This is not a rather not be the subject of a judicial review application question of preventing judicial reviews on “minor at all. 1567 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1568

Finally, I am puzzled by Clauses 65 and 66. Clause 65 wake of the revelations of appalling abuses at requires the provision of information about financial Winterbourne View and Stafford Hospital, Paul Burstow resources in judicial review cases, and Clause 66 will mounted a diligent and detailed campaign to ensure regulate the use of information about financial resources that those who were to be held responsible and duly on the assessment of costs in judicial reviews. But why penalised should be not just the front-line staff, but single out judicial review for such provisions unlike those who own, govern and manage social care providers. any other form of civil litigation, and where is the Paul Burstow and the leading professionals involved evidence of any current difficulty? in the review of Winterbourne View put together a All these clauses are designed to impede the effective detailed case analysing the law as it stood in January exercise of judicial review, and, if enacted, that is 2013. precisely the effect that they will have. They all arise There are many pieces of legislation under which from a failure to understand, and indeed a complete an individual can be prosecuted if they are suspected lack of appreciation for, the very concept of judicial of hurting or harming a vulnerable adult. These include review as a means of holding government departments the Offences Against the Person Act 1861, Section 39 and other public bodies to account as to their legality of the Criminal Justice Act 1988 covering common in public before an independent judge. The judiciary assault and battery, and the Domestic Violence, Crime has made it very clear in consultation that there is no and Victims Act 2004. A great deal of existing legislation practical need for these clauses and the Government can be used when an individual is suspected of maltreating have produced no evidence to justify them. The clauses another individual. The trouble is that often it is not, have been criticised powerfully by the Joint Committee because there is a wide degree of misunderstanding on Human Rights. The Government, as the main among professionals and the police as to which laws defendant in judicial review cases, are seeking to legislate should apply. in their own interests contrary to the public interest and contrary to the rule of law. Last year, the noble Lord, Lord Faulks, and I were part of a Select Committee of this House which was I will be putting down amendments to these clauses tasked with reviewing the Mental Capacity Act 2005. in Committee. I know that the concerns that I have Section 44 of the Act states that it is an offence for any expressed are shared around this House and outside it. person to ill-treat or wilfully neglect someone who is I hope that the Minister and the Secretary of State are covered by the Act; that is, someone who lacks mental prepared for the detailed scrutiny which Part 4 requires capacity. There is a problem with that part of the and which it will undoubtedly receive. legislation in that it is entirely possible for a perpetrator of abuse to mount the defence that they did not know 5.15 pm that the person lacked capacity. Our committee saw that as a fundamental flaw in the legislation—a flaw Baroness Barker (LD): My Lords, I wish to associate that does not exist in the equivalent legislation in myself very strongly with the opening remarks of my Scotland, where there is no need to determine that the noble friend Lord Marks in relation to this Bill. It is person knew that the victim lacked capacity. what I would call a “bits and pieces” Bill, or what in Lancashire would be called a “bits and bats” Bill, and In their response to the committee, I am afraid that as a consequence it will attract bouquets and brickbats. the Government said that they do not think there is I shall start with a brickbat and then move on to a any need to review that part of the legislation. I am couple of bouquets, which I think it deserves. disappointed with that. The noble Lord, Lord Faulks, The brickbat, as one might expect, relates to the left our committee because of his elevation to his clauses on judicial review. There are those in this current role. Would he consider that again and also House who can talk with far greater knowledge and write to me and make available to other professionals eloquence on this subject than I ever could, but I want in the field of social care the clarification of how simply to bring to the attention of Members of this Section 44 of the Mental Capacity Act will sit alongside House the widespread fear that has been generated the new offence of ill-treatment or wilful neglect in among charities such as Mind, whose role is in part to this legislation? stick up for people who are often at the rough end of The work that my honourable friend Paul Burstow public law decision-making. They are very concerned has done shows that there are pieces of legislation that about all the proposals on judicial review, and in could be applied to corporate bodies. Section 91 of the particular about Clause 67. Charities with specialist Health and Social Care Act applies to corporate bodies expertise but not a lot of funding see it as a deliberate that are found guilty of ill-treatment. The trouble is attempt to deter them from standing up for people that the actions that can be taken against a body can who need support in cases that raise a wider public be applied only to one person—the registered officer interest. We should bear that in mind as we scrutinise of that organisation. Using the Corporate Manslaughter these clauses, as set out in the speech of the noble and Corporate Homicide Act as the basis for his new Lord, Lord Pannick—which was, I would say, a wonderful proposals, Paul Burstow has established that even if speech to listen to. there is no directing mind within an organisation, an I want to go on to give the Government some offence has been committed by those managers who deserved bouquets. One is for the inclusion of Clauses 17 should have been responsible for the oversight of to 22, which set out the new offence of ill-treatment or front-line staff. It is a good way of plugging a gap that wilful neglect by social care providers. In doing so, I has enabled managers and directors of care providers pay tribute to my colleagues in another place, in to walk away from their crimes completely unpunished particular Paul Burstow and Norman Lamb. In the while front-line staff have had to go to jail. 1569 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1570

[BARONESS BARKER] jury research for academics—there never has been and I move on quickly to the two remaining issues. One it was never intended for there to be. There is just a is malicious communications—the new, ban on asking individual jurors what happened in the “offence of sending letters etc with intent to cause distress or jury room. Anonymised research on the type of case, anxiety”. type of court, ethnicity, gender and much more is not As I sat and prepared this weekend, I read Clause 27. I banned. The trouble—and my excuse for misleading thought that its wording was such that it could have the House, as it were—is that although there may not, been clattered out on a typewriter by Agatha Christie de jure, be a ban, de facto, almost everyone thinks herself. Can the Minister clarify “et cetera” in this there is; including not only me but many Members of context? Some of us on these Benches remember when this House including, perhaps rather quietly, even our former colleague Earl Russell asked the same some noble and learned Lords with whom I have question of a Minister. In this day and age, does et spoken, before and since my Question. cetera mean tweets, e-mails, postings on websites? I have since spoken at length with Professor Cheryl What does it mean? Those of us who are on Twitter Thomas of University College London, who has know that a troll does not take pen to paper. A troll conducted research in this area and on how juries resorts to electronic communication. I would like the work, and had it published by the MoJ. The Minister Minister to tell us the scope of these provisions. We even mentioned her in his reply to my Question. are always running behind the internet in terms of our However, the problem is that she seems to be almost legislation and I would like to think that for once we the only person in the country who does this sort of could get it right. Out there are people, most of whom research because most people, including most academics, are women, suffering the most appalling abuse at the appear to think it is impossible. I apologise for asking hands of individuals who at the moment think that a Question that was inaccurate but I do not apologise they are faceless. for raising an important subject. When he replies, can On revenge pornography, my friends in another the Minister agree to require the MoJ to issue, as soon place, Julian Huppert and Martin Horwood, have as possible, new comprehensive and clear guidance on quite rightly said that it is time to make it clear that what is and is not possible in jury research and to put this is a criminal offence. Taking pictures in the context it on the MoJ website? This is important because, as of a loving personal relationship and then putting we have seen in the past week, juries in criminal trials, them on public display is a particularly vicious violation and how they work, are a central and vital part of how of a person’s dignity. Again, a number of pieces of most people view and judge the whole judicial system legislation could be used, but most predate the internet in the UK. and are an obscure way of getting to the problem. We Turning now to what should not be in the Bill, I know that this is increasingly happening. Sites are raise for the consideration of the House Clauses 23 putting up pictures and women are being extorted to and 24, which deal, respectively, with the corrupt or pay large amounts of money to have the pictures other improper exercise of police powers and privileges, removed. Blackmail and abuse such as this should not and the term of imprisonment for the murder of a be part of the business model of any internet service police or prison officer in the course of their duties. provider or social media company. The Obscene This House complains occasionally about unnecessary Publications Act 1959 or the Protection of Children legislation. These clauses seem to be not only unnecessary Act could help—but not enough and not swiftly enough. but entirely populist and should be struck out. It is time to make this a criminal act and require I begin with the murder of a police officer or prison search engines and social media companies to withdraw officer. The Government propose that such a murder, such material on request. We must make sure, above rather than being in the category of cases where the all, that the police are trained and equipped to see this starting point on conviction is a minimum sentence of for what it is—a horrible, horrible criminal act. 30 years, should instead be considered in the rare category, where a whole-life sentence should be the 5.25 pm starting point. Particularly having had the experience Lord Blair of Boughton (CB): My Lords, I rather of someone trying to kill me with a machete, I yield to imagine that not many of your Lordships know that, no one in my view that the murder of a police officer as a young man, I wanted to be an actor. I must on duty is an outrage. However, the MoJ has forgotten therefore start by acknowledging my gratitude to the its history, in two ways. There is simply no evidence—no Whips’ Office for putting my name in lights on the evidence at all—of the judiciary failing to accord a annunciator for many hours. I also apologise to those conviction for the murder of a police officer or prison of your Lordships who have come to listen to the officer on duty the utmost seriousness. In the 1980s, I Statement on Europe, because I have one or two served in Shepherd’s Bush police station, in whose things to say. The first is that I agree with many front hall is a plaque commemorating the murder, provisions of the Bill, but the main parts of my speech which I am sure a number of noble Lords will recall, will deal with two clauses that I do not think should be of three Metropolitan Police officers—Geoffrey Fox, in it and one matter that I believe should be. Christopher Head and David Wombwell—in August However, I must begin with an apology to the 1966 in Shepherd’s Bush, by Harry Roberts and his House. On 12 March this year, I asked an Oral Question associates. Harry Roberts is still in prison, 48 years of the Minister about the ban on jury research contained after the murder. His associates are dead. What need is in Section 8 of the Contempt of Court Act 1981. The there, in the face of this, for a change in the law? Minister and I agreed to discuss the issue and, indeed, Secondly, the MoJ seems to have forgotten that, have done so. I apologise because there is no ban on following the abolition of capital punishment for murder 1571 Criminal Justice and Courts Bill[30 JUNE 2014] EU Council June 2014 1572 in 1965, there were continuous attempts in the years peer group, as well as having many more poor life that followed to reinstate capital punishment for the outcomes. Are the Minister and the House aware that murder of a prison officer or a police officer on duty. no state agency has a duty to inform those responsible These attempts were always resisted not only by the for education or social work that a child’s parent has precursor of Liberty, the National Council for Civil been imprisoned? There is therefore no reason for a Liberties, but also by the police service. It was believed head teacher or any other teacher to know that a that a prisoner on the run after such a killing would child’s parent has been imprisoned and, because the reason that if he was to hang, he would have no other parent will probably be ashamed to explain it, compunction in killing other people, including other that position will not change officially. However, the police officers, to escape. I disagree with the point likelihood is that the child’s playmates will find out made by the noble Lord, Lord Paddick, that some that the child’s father or mother is in prison, and the prisoners do not know what the sentence is; you know effect on that child and the bullying that will follow what the sentence is if it is hanging. The whole-life will be awful. term is the contemporary version of hanging. This Is the Minister aware of the campaign entitled clause is not only unnecessary but capable of risking “Families Left Behind”, which is backed by Barnardo’s, lives. It is wrong. the Prison Reform Trust and the NSPCC, among I turn now to Clause 23 about police corruption. many others? The campaign is to introduce a statutory This legislation is not only loosely drawn but entirely duty on courts to ask whether an individual facing a unnecessary. I am sorry to hear that the Opposition custodial sentence or being remanded in custody—after, will support it. I have led investigations that have led I should emphasise, not before that decision is taken to the conviction of police officers for corruption. so as not to influence the decision—has a dependant, Police corruption is an evil; it is a permanent and to ensure that the child’s welfare is considered by corroding threat. However, neither I nor the CPS, in statutory agencies. Whether or not he is aware, I would my experience, has ever had any difficulty in framing ask for a conversation with the Minister about whether charges under what was then the Prevention of Corruption the Bill would be a suitable vehicle for such a statutory Act, which would now be the Bribery Act 2010, or the duty to be included in Committee. I do not believe that common-law offence of misconduct in public office. such a proposal has significant resource implications The difficulty was not the charge but finding the downstream—and downstream it may massively reduce evidence in a crime where all the participants do not reoffending. I hope he will agree. want to tell anyone about it. That this is unnecessary legislation is shown in subsection (11), which the Minister mentioned, which EU Council June 2014 states: Statement “Nothing in this section affects what constitutes the offence of misconduct in public office”. 5.36 pm Where is the evidence that existing legislation is The Chancellor of the Duchy of Lancaster (Lord inadequate? Hill of Oareford) (Con): My Lords, with the leave of When the Milly Dowler case broke in 2011, a leader the House, I will now repeat a Statement made by my in the Times—a News International newspaper—declared right honourable friend the Prime Minister in another that what had been revealed was “police corruption on place. The Statement is as follows: an industrial scale”. I do not think so. Since that time, “With permission, Mr Speaker, I would like to the phone hacking investigation has led to the conviction make a Statement on last week’s European Council. of an editor, two subeditors and three journalists or Before turning to the appointment of the next specialist hackers on a News International newspaper, Commission President, let me briefly report back on and 101 journalists, some very senior, have been arrested, two other points. First, the Council actually began in as opposed to 26 police employees, all very junior. Ypres with a moving ceremony at the Menin Gate to Twelve more trials beckon. mark the 100th anniversary of the gunshots in Sarajevo The oddity of the clause is: what if you substituted which led to the First World War. It is right that we some other professions for this legislation about police should take special steps to commemorate the centenary officers? What if we put journalists or parliamentarians of this conflict and remember the extraordinary sacrifice instead of police officers in the clause, or even NHS of a generation who gave their lives for our freedom. dentists, because they can be convicted of corruption? The Government are determined to ensure that Britain Would the House support that? The police are far has fitting national commemorations, including the from being without fault and police corruption is an reopening of the newly refurbished Imperial War Museum evil thing, but this legislation has no rationale at all next month. and has the feel of a populist reaction to the wrong Secondly, the Council signed association agreements target. with Georgia, Moldova and Ukraine. These reflect Lastly, I turn to a different matter. Is the Minister our commitment to supporting these countries as they aware that there are roughly 200,000 children in the undertake difficult reforms that will strengthen their United Kingdom with one parent currently in prison? economies, bolster their democracies and improve the That is three times the number of looked-after children, stability of the whole continent. President Poroshenko who, in old money, are children in care. During their joined the Council to discuss the immediate situation lifetime, boys who have had a parent imprisoned—I in Ukraine. The Council welcomed his peace plan and wonder whether the Minister knows this—are three the extension of the ceasefire until this evening. The times more likely to be convicted of a crime than their onus is now on Russia to respond positively by pressing 1573 EU Council June 2014[LORDS] EU Council June 2014 1574

[LORD HILL OF OAREFORD] underlined the need to address concerns about the separatists to respect a genuine ceasefire, to release immigration arising from misuse of, or fraudulent hostages and return occupied border posts to the claims on, the right of freedom of movement. We Ukrainian authorities. The Council agreed that if we agreed that national Parliaments must have a stronger do not see concrete progress very soon, we remain role and that the EU should act only where it makes a willing to impose further sanctions on Russia, which real difference. We broke new ground with the Council would not necessarily require a further meeting of the conclusions stating explicitly that “ever closer union” Council. But the Council will return to this issue at its must allow, next meeting, which has now been arranged for 16 July. “for different paths of integration for different countries”, Turning to the appointment of the next Commission and, crucially, respect the wishes of those such as President, I firmly believe that it should be for the Britain that do not want further integration. For the European Council—the elected heads of national first time, all my fellow 27 Heads of Government have Governments—to propose the President of the European agreed explicitly, in the Council conclusions, that they Commission. It should not be for the European Parliament need to address Britain’s concerns about the European to try and dictate that choice to the Council. That is a Union. That has not been said before. So while Europe point of principle on which I was not prepared to has taken a big step backwards in respect of the budge. In taking this position I welcome the support nomination of the Commission President, we did secure of the Leader of the Opposition, as well as the Deputy some small steps forward for Britain in its relationship Prime Minister, in opposing the imposition of Jean-Claude with the EU. Juncker on the Council. I believe that the Council Last week’s outcome will make renegotiation of could have found a candidate who commanded the Britain’s relationship with the European Union harder support of every member state. That has been the and it certainly makes the stakes higher. There will practice on every previous occasion and I think it was always be huge challenges in this long campaign to a mistake to abandon this approach this time. reform the European Union but, with determination, There is of course a reason why no veto is available I believe we can deliver. We cut the EU budget. We got when it comes to this decision. It is because the last Britain out of the bailout schemes. We have achieved a Government signed the Nice treaty, which gave up our fundamental reform of the disastrous common fisheries veto over the nomination of the Commission President, policy and made a start on cutting EU red tape. We as well as the Lisbon treaty, which gave the Parliament are making real progress on the single market and on stronger rights to elect the Commission President. So the free trade deals that are vital for new growth and once it was clear that the European Council was jobs in Britain. My colleagues on the European Council determined to proceed, I insisted that the Council know that Britain wants and needs reform—and that took a formal vote—something that does not usually Britain sticks to its position. happen. Facing the prospect of being outvoted, some In the European elections, people cried out for might have swallowed their misgivings and gone with change across the continent. They are intensely frustrated the flow, but I believe it was important to push the and deserve a voice. Britain will be the voice of those principle and our deep misgivings about this issue people. We will always stand up for our principles, we right to the end. If the European Council was going to will always defend our national interest and we will let the European Parliament choose the next President always fight with all we have to reform the EU over the of the Commission in this way, I at least wanted to put next few years. And at the end of 2017, it will not be Britain’s opposition to this decision firmly on the me or this Parliament, or Brussels, that decides Britain’s record. future in the European Union. It will be the British I believe this was a bad day for Europe because the people. I commend this Statement to the House”. decision of the Council risks undermining the position My Lords, that concludes the Statement. of national Governments and undermining the power of national Parliaments by handing further power to 5.44 pm the European Parliament. So while the nomination has been decided and must be accepted, it is important Baroness Royall of Blaisdon (Lab): My Lords, I am that the Council at least agreed to review and reconsider grateful to the noble Lord the Leader of the House for how to handle the appointment of the next Commission repeating the Statement made by the Prime Minister President, the next time this happens, and that that is in the House of Commons. First, I associate these set out in the Council conclusions. Benches with what the Statement says about the Turning to the future, we must work with the new importance of commemorating the centenary of the Commission President, as we always do, to secure our First World War and the sacrifice of a generation who national interest. I spoke to him last night and he gave their lives for our freedom. I also welcome the repeated his commitment in his manifesto to address references to the association agreements signed with British concerns about the EU. This whole process Georgia, Moldova and Ukraine. only underlines my conviction that Europe needs to I must congratulate the Government on their chutzpah. change. Some modest progress was made in arguing It is an extraordinary feat to claim that a 26-2 defeat for reform at this Council. The Council conclusions and isolation is both a triumph and a strength. The make absolutely clear that the focus of the Commission’s results might have pleased those in the Conservative mandate for the next five years must be on building Party who favour a Brexit but they were greeted with stronger economies and creating jobs, exactly as agreed dismay by business, trade unionists and all those who with the leaders of Sweden, Germany and the Netherlands understand that the future success of our country and at the Harpsund summit earlier this month. The Council our place in the world depend on being part of a 1575 EU Council June 2014[30 JUNE 2014] EU Council June 2014 1576 reformed European Union. The Prime Minister suggested “He is not interested. He does not get it … his whole strategy that by pushing the Council to vote on Friday, he was of feeding them scraps in order to satisfy them is … turning defending a deeply held principle. I suggest that he against him …. he ceded the field to those that are now embarrassing was merely trying to defend the reputation of his party him”. and maintain its unity. The threat of exit is clearly real but I wonder whether the Leader believes that this somehow increases our The Prime Minister ended up with the candidate influence in Europe. Do guns to the head represent a who he said would be a disaster for Britain but it could real strategy that will deliver the reforms which we all have been so different. A few weeks ago, we had a desire? European Council divided about the presidency of the Our membership of the EU is important for jobs Commission; last week, we ended up with a European and business, as well as strategic action on everything Council united against the Prime Minister. Personality from climate change to terrorism. Yes, we need to politics might work well in the popular press or among ensure reform of the budget, of transitional controls the populists who are peddling fear in our country but for immigration and of benefits. I am sure that working they patently do not work among European leaders. together with our partners we can secure reforms. Is They were the ones who might have been won round the Government’s real problem not the fact that there by discussion and diplomacy, rather than shouting is a gap between what the Conservative’s Brexit faction—or and foot stamping. I understand that at the start of perhaps I should say the Conservative majority—is the process Chancellor Merkel said that the agenda of demanding and what sensible European reform the next European Commission “can be handled by” amounts to? Juncker, Reform is possible through constructive discussion, “but also by many others … At the end, there will be a fairly but those discussions need to take place in the Council broad tableau of names on the table”. and at all levels in the European Commission, not just I would be grateful if the Leader could explain how within the college. I would be grateful if the Leader the Government think that we reached a situation in could tell the House what plans there are to ensure which 26 European leaders coalesced around one name. that we have more Brits working at senior level in the Personal attacks and threats followed by splendid Commission at this crucial time and also at more isolation are a testament to weakness and a lack of junior levels, who will feed through to higher levels in tactics rather than strength, while insults such as the due course. one from the Health Secretary, who called the other Reforms require successful negotiation, and I fear European leaders cowards, are simply rude. As Chancellor that the Prime Minister’s negotiating skills have been Merkel said in Sweden: proved to be sorely lacking and that his strategy is in “Threats are not part and parcel of”, tatters. The gulf between the demands of those in the noble Lord’s party who want to leave the European the European spirit and, Union and what the Prime Minister can negotiate “this is not part of the way in which we usually proceed”. grows ever wider. As the gulf widens, so the drift It was not too late to rethink tactics and tone at that towards exit will loom larger. That would be disastrous stage, but no efforts to change were made. Does the for the future prosperity of our country. noble Lord agree that leaving the EPP Group nine years ago and the very recent decision by the European 5.50 pm conservatives to invite the German AfD, a right-wing opponent of Chancellor Merkel’s CDU, to join their Lord Hill of Oareford: I am grateful for and agree with group in the European Parliament were tactics for what the noble Baroness said about the commemoration short-term political gain rather than being in the of the Great War and the extremely serious and growing interests of either his party or our country? problems in Ukraine. Notwithstanding everything she said subsequently about European policy more generally, This morning, I had wide-ranging discussions with I think we are as one in wanting to find a way forward members of the governing party in Italy and over the and to handle that situation as sensibly as possible. weekend I spoke to other European colleagues. It is On her main point about the European Council clear that reform of the European Union is needed and the outcome for the United Kingdom, the Prime and desired by our partners. The Prime Minister suggests Minister has not pretended, and I have not pretended that it is only his conviction that Europe needs to for one moment, that the appointment of Mr Juncker change. I assure noble Lords that that conviction is was what the Prime Minister sought. However, I do widely shared and has been reinforced throughout the not accept the way in which the noble Baroness European Union as a consequence of the results of characterised the Prime Minister’s policy towards the the EU elections. My party also wants reform but the European Union, its future and the coming negotiations. difference between us and the Prime Minister is that First, I do not accept her characterisation of the we want it for the sake of our nation, while his major situation when she said that the Prime Minister’s preoccupation is to heal the divisions within his party. negotiations over the past four years in Europe had I fear that the Prime Minister is trying to appease been unsuccessful. It was Mr Cameron who managed, those in his party who want to leave the EU. They for the first time, to secure a reduction in the EU cheered his lack of support because they do not want budget—something that everyone, not least some members reform; they just want exit and real isolation. Mr of the party opposite, predicted was not possible to Cameron’s erstwhile friend, the Polish Foreign Minister, pull off. That kind of negotiation cannot be successfully was undoubtedly speaking for many when he said in achieved unless one has alliances and influence and is relation to the Prime Minister and his Back-Benchers: able to negotiate successfully within the European Union. 1577 EU Council June 2014[LORDS] EU Council June 2014 1578

[LORD HILL OF OAREFORD] My understanding is that the Act applies to changes I agree with the noble Baroness about the importance in the rules that transfer power from Westminster to of wanting to make sure that our influence going Brussels. Under the EU treaties, the European Council, forward is secure and on some of the points she was acting by qualified majority, shall propose to the European making about appointments and having British officials Parliament a candidate for president of the European working there. It remains the case that the Prime Commission. In this instance, we believe that the Minister’s wish is to negotiate hard for what he hopes existing rules were pushed to shift power from the will be a renegotiated agreement with the European European Council to the European Parliament rather Union. He would then be in a position to recommend than any fresh transfer of power from Westminster to to the British people that they accept it in a referendum Brussels. That is the distinction. It did not represent a in 2017. further transfer of power from Westminster. If I have It is clearly the case that the outcome of the discussions got that wrong, I will make that clear to my noble over the new president make that task more difficult, friend in a letter that I will circulate to the House and but the Prime Minister was faced with a position in place in the Library. which, given the way that the apparent positions of some of our colleagues in Europe changed over time, Lord Kinnock (Lab): The Leader of the House has he could either go quietly and accept the imposition of spoken of policy and by the use of that word has Mr Juncker and the European Parliament’s land grab inferred a strategy in the mind and conduct of the or to try to argue the principle. He took the view that Prime Minister. Was it policy that produced the withdrawal rather than going quietly to spare his own blushes, he of the Conservatives from the EPP in 2005—thus should seek to make the principled case that it was an relinquishing, as they were warned, any degree of appointment that should have been made by the European influence over the largest group in the European Council, not the European Parliament. The fact that Parliament? Was it policy that made the Prime Minister in the conclusions after the meeting there was acceptance proclaim his opposition to an individual candidate that that decision would be reviewed for the future very early on in this procedure, thus removing any underlines that the concern about that process is more room for Chancellor Merkel or others to negotiate widely spread than might be suggested by the noble about the final resolution of the position? When the Baroness. European Commission, the European Council and There is also the point that, as it is the case that the European Parliament to varying degrees all favour there needs to be reform, which the party opposite reform, does the Leader of the House think that that accepts, having as President of the Commission someone mission is propelled forward by allowing one of his who in the past has not been associated very strongly Cabinet colleagues to describe a heroine—a genuine with a reform agenda is not going to make the task heroine since her earliest years—Angela Merkel as a easier for Britain. It was clearly the case that the party coward? If these are all policies, what hope is there for opposite and my noble friends on the Liberal Democrat the Prime Minister to be the man to negotiate the Benches shared those principled objections to Mr change that is necessary and welcome in the European Juncker’s appointment. The Prime Minister was therefore Union? right to stick to his guns. There will clearly have to be a lot of hard work to Lord Hill of Oareford: The point I was trying to continue to make progress with the reform process. I make was that on policy grounds it was the view of the think some of the wording in the conclusions already Prime Minister and others within the European Council signifies the recognition by many of our colleagues that the decision about the next President of the that they need to be sympathetic to and make movement Commission should be taken by the Council rather on Britain’s concerns. I think the Prime Minister was than by the European Parliament. That was the principled right to make that case and to stick to principle. He point that he was seeking to pursue. More broadly, in will work hard over the next three years to negotiate answer to the noble Lord’s question about the policy, the best possible deal for Britain and will then be in a if one looks back, the Prime Minister as a matter of position, he hopes, to recommend it to the British policy has sought to influence and move the agenda of people in a referendum. the European Union towards growth, jobs and trade deals with the United States, Canada and other countries. 5.55 pm One can see, in progress on deregulation and all the Lord Howell of Guildford (Con): My Lords, on the rest of it, a shift over a number of years which reflects appointment of the new President of the Commission, the policy that he has been seeking to pursue. Mr Juncker, there has clearly been a transfer of power or competence, as the Prime Minister has pointed out, Lord Dholakia (LD): My Lords, I first endorse the to an EU institution from national Governments. sentiment expressed by the Prime Minister about the What is the position under the European Union Act 2011, centenary of the conflict which led to the First World in particular under Section 4(1)—paragraphs (g), (h) War. The question I want to ask is very brief. We keep and (i)—which I had the privilege of guiding through hearing about the reform agenda. When are the this House at the time? Government going to spell out what this reform agenda is all about? Surely it is inappropriate not to Lord Hill of Oareford: I will have a go, although I know that particular matter until after the general suspect I may need to write further to be more accurate. election. Are we likely to hear what the Prime Minister My noble friend took the Bill through and enacted it, and the Government have in mind in terms of this and I am sure he knows it far better than I do. agenda? 1579 EU Council June 2014[30 JUNE 2014] EU Council June 2014 1580

Lord Hill of Oareford: First, as part of that agenda, Lord Tugendhat (Con): Does the Minister agree the Government are pursuing the general objectives of that it is now incumbent upon the Prime Minister to progress on trade talks and on liberalising markets. come forward with much clearer detail as to what This is something the Government have set up, and we reforms he wants to see. One of the difficulties that have made some decent and solid progress. Other allies and potential allies on the Continent have is aspects will become clearer over time as the negotiation knowing what it is exactly that he wants. He talks continues, but the Prime Minister set out the main about reform, but he has not been very specific. Does strands and objectives we are pursuing in a number of he also agree that it is very important that the Prime areas in his Bloomberg speech. That is the approach to Minister should convince our allies and potential allies which he has been sticking. on the continent that he wants to bring back a programme that he can recommend to the British electorate and Lord Hannay of Chiswick (CB): My Lords, would that he is not primarily concerned with trying to the Minister accept a mild change to the Prime Minister’s reconcile the irreconcilables in our own party? The Statement that it was a “bad day for Europe”? It was a noble Lord may tell me that the Prime Minister is bad day for Britain in Europe. indeed concerned to bring back a programme he can I will not go too far down the road of asking the recommend, but impressions are very important. The noble Lord how on earth the Prime Minister managed impression has gained ground that his principal objective to find himself in Brussels last Friday with only one is to reconcile the irreconcilables in our party rather supporter, but perhaps he could tell us how he found than to conduct a successful negotiation. It is very himself in Brussels on Friday with only one supporter important that he should push that impression into and no alternative President of the Commission. It the background. was a little odd to have asked the European Council to reject someone without having the slightest idea about Lord Hill of Oareford: I know that the Prime Minister whom they might appoint. will want to carry out and, he will hope, complete To use a slightly more emollient tone, I do think it successfully a renegotiation that he can recommend to was a mistake—and I believe the noble Lord has the people of Britain that he believes is in the interests already begun to comment—not to put all the emphasis of Britain. That is not about a party political agenda on what is called the strategic agenda, which has come or management task. In putting that package, whenever out pretty well. The text of the strategic agenda, to it is concluded, to the British people it would clearly which the noble Lord referred, and to which the Prime need to command the support of the whole of Britain Minister referred, has some really good points along and all of those from any party who want to see the lines of a positive reform agenda. If the Prime Britain remain in a reformed European Union. Minister had put all the weight on that, and not gone Lord Foulkes of Cumnock (Lab): My Lords— for an over-the-top personalised campaign against Mr Juncker, we might have got a bit further. I wish the Lord Pearson of Rannoch (UKIP): My Lords— noble Lord would comment on that. Finally, I was quite startled to hear that the Government Lord Davies of Stamford (Lab): My Lords— are going to be the voice of all those who voted in protest at the European elections. Are we to be the Lord Bates (Con): I think it is Labour’s turn. voice of Golden Dawn? Are we to be the voice of the Front National? Are we to be the voice of UKIP? I Lord Foulkes of Cumnock: My Lords, does the hope not. Not in my name, please. Leader of the House recall that when a Labour Prime Minister wanted to achieve something at a summit, we Lord Hill of Oareford: As far as the voice of UKIP arranged for the ambassadors in all the countries of is concerned, we have the voice of UKIP here, which I Europe and our Foreign Office Ministers to do some am sure we will hear later. I agree with the noble Lord preparatory work to move us in that direction? We on his remarks about the strategic objectives and his also worked through the Party of European Socialists welcome of the language. There has been some solid to get all our socialist colleagues into line to support progress, which I will not overstate. It is significant us. Could the Leader of the House explain what the that the noble Lord spotted that and, being a fair-minded Prime Minister did along those lines? person, relayed that to the House. There is some good language in there which reflects the kind of reform Lord Hill of Oareford: I will take it very happily agenda that not just Britain but other countries are from the noble Lord that that was how the previous keen to see taken forward. Government operated. Unfortunately, they also gave As for the Prime Minister speaking for the whole of up our veto through the Nice and Lisbon treaties. Europe, his point was that the scale of apparent That made the pursuit of our national interest much disaffection with the European Union reflected in the more difficult in these circumstances. recent elections needs to be addressed—and by those who are supporters and champions of the European Baroness Falkner of Margravine (LD): My Lords, Union more than anyone else. That was the point he will the Leader of the House comment on paragraph 27 was seeking to make: disaffection from the European of the conclusions, which seems to give great comfort Union is clearly evident and growing, and the best way to the PM about the Commission process as the to address it is to have a reform programme that selection of the President is going to be reviewed? Has responds to it rather than to ignore the popular discontent he noticed the wording that says it will be reviewed that seems to have been expressed. respecting the European Treaties? How is that any 1581 EU Council June 2014[LORDS] EU Council June 2014 1582

[BARONESS FALKNER OF MARGRAVINE] eastwards to the Urals? He was not speaking of associate different to what was in the Lisbon treaty which status. Is that still his intention? Is that the policy of referred to taking account of the treaties?. Given that Her Majesty’s Government? the House of Lords European Affairs Committee warned of this situation in 2008—six years ago—does Lord Hill of Oareford: My Lords, there are generally he not think he needs to tell us a little bit more about a number of countries in discussion with the European the reform agenda, because we will need to prepare the Union about becoming members. We have had the ground for some years before 2017? signing of the association agreements with Georgia, Moldova and, obviously, Ukraine. There was a discussion Lord Hill of Oareford: My noble friend is right to at the European Council about Albania being able to point us towards that paragraph which contains a apply for status. There is appetite for membership to number of important points. Her point about the continue to grow. European Council considering the process for the Lord Cormack (Con): My Lords, I express the hope appointment of the President of the European that the Prime Minister will spend some time this Commission is set out in the way that she says. As it summer in bilateral conversations with our friends, happens, that paragraph also says, colleagues and neighbours in the European Union. “the European Council noted that the concept of ever closer Could we bear in mind throughout that isolation is union allows for different paths of integration for different countries, allowing those that want to deepen integration to move ahead, rarely splendid, and is even more rarely successful or while respecting the wish of those who do not want to deepen any sensible? further”. That is quite a significant addition to the kind of Lord Hill of Oareford: I say to my noble friend that wording one typically sees in these conclusions. That, I know how much time the Prime Minister spends on in itself, is part of the answer to the point about the bilateral relationships with a range of European partners influence that Britain is still able to have. On some of in a range of different fora. I know from my time in my noble friend’s more specific points, if there is Downing Street 20-odd years ago, when the European anything further I can say about the Select Committee, Union was smaller, how much time the Prime Minister perhaps I will talk to her about that subsequently. of the day has to spend on those relationships. This Prime Minister will certainly do that, as have all previous Prime Ministers. Lord Pearson of Rannoch: My Lords, does the noble Lord agree that it is hard to find a normal Lord Davies of Stamford: My Lords, whether we person who knows why Mr Juncker’s job is so important? are in the European Union or not, we shall need the Might it create public support for the Government’s good will of our continental partners. Indeed, we shall EU reforms if they were to reveal the unelected need their good will even more if we leave, because we Commission’s role, with its monopoly to propose and shall then have no more rights or entitlements under execute all EU law and to issue regulations which are the treaty and every arrangement we have with its binding in all EU countries? Or could it be that the members will have to be laboriously negotiated. Does Government share the BBC’s fear that, if the British the noble Lord agree that in life, and particularly in people understood just how irrelevant this their Parliament negotiation, it is always a mistake to personalise an has become, and how rotten and anti-democratic the issue if you want your substantive points to be taken EU really is, their clamour to leave it might become seriously? Does he also agree that in life, and particularly irresistible? If our leaving the EU leads to its collapse, in negotiation, it is always a mistake to use public so what? What is the point of it now? One can see the threats and blackmail, because no self-respecting human point of NATO, the United Nations and the World being feels inclined to make concessions under that Trade Organisation, but what is the point of the EU? kind of pressure? Is quiet, collaborative diplomacy Can the noble Lord tell us that? not the best way? Lord Hill of Oareford: Not in the time that we have Lord Hill of Oareford: I certainly agree that in available, when I know a lot of other noble Lords want normal circumstances, most of the time, quiet collaborative to get in. It clearly is an important job, and that is why diplomacy is the right way to go. However, there are we were determined to try to make sure that the times at which, if that route does not work, you are process for appointing the person followed the approaches faced with a choice of seeking to avoid embarrassment that we thought were set out in the treaties. However, by going quietly, or of saying, “Actually, this is a point the Government’s position is not the same as that of of principle about which I feel strongly, and I will UKIP. The Prime Minister intends to work extremely therefore put up with that risk of embarrassment by hard over the next three years to try to negotiate a arguing for it”. package of measures that he will feel confident in On working with colleagues, I agree with the noble putting to the British people in a referendum, which Lord’s point. That is how Europe works and how we aim to hold before the end of 2017. Britain pursues its relationships with other countries. I am sure that we will continue to do that. The noble Lord Elystan-Morgan (CB): My Lords, in relation Lord will already have seen the remarks made by a to the Prime Minister’s intentions and aims in this whole range of European leaders since Friday which matter, does the noble Lord the Leader of the House demonstrate that they are keen that Britain should recollect that last year in Kazakhstan the Prime Minister remain part of the EU. They understand our concerns made a speech in which he said that he would wish to and are keen to work with us to see what progress we see the boundaries of the European Union extended can make in resolving them. 1583 EU Council June 2014[30 JUNE 2014] Criminal Justice and Courts Bill 1584

Criminal Justice and Courts Bill to young people, than the possession of guns. The Second Reading (Continued) strengthening of the sentencing powers within the Bill is welcome. Therefore, while this speech further illustrates that 6.16 pm the Bill is something of a pick and mix, I wonder Baroness Berridge (Con): My Lords, I declare an whether there has been consideration by Her Majesty’s interest as a member of the Joint Committee on Government of further issues that could perhaps have Human Rights. Although I find it difficult to find a been in the Bill. During the tragic murder of Drummer single theme within this Bill, there is much to Lee Rigby there seemed to have been a risk that, due commend some of the provisions and measures contained to the public nature of the incident, photographs of within it. the armed police involved might have been taken by As a supporter of the No More Page 3 campaign, I the public and found their way through Twitter into note that the Bill terms certain images as “extreme” the public domain. Of course, the police were undoubtedly pornography, and may by amendment refer to “revenge” the heroes in this situation. However, what if the pornography, to differentiate it from other pornography neighbour on the balcony who filmed the aftermath of that, unfortunately, has become so easily available in the shooting of Mark Duggan had a slightly better our society. I support this limit on such pornography, mobile phone and the armed police could have been as the cultural effects of such images cannot be identified? Could my noble friend outline whether the underestimated. As the Joint Committee on Human police are indeed concerned about such a situation? Rights report states, the demand for academic work in Perhaps it is covered by other legislation, but I have this area has often been oversimplistic in requiring been unable to find relevant provisions. strict cause and effect. However, I hold the basic view I would also be grateful if the Minister could outline that if images did not have a substantial effect on whether the Government are satisfied with the current individuals’ behaviour and on our culture, the advertising rules around the disclosure of the identity of young industry would not exist on the scale that it does. people charged with murder. Your Lordships may be In light of the current media focus on the activity of aware that, in the recent case of the tragic murder of British citizens in Syria, the increase in sentences in Ann Maguire in a Leeds school, there appeared to be a the Bill for various terrorist offences, to enable them to loophole in the law that allowed the identity of the come under the dangerous offenders sentencing regime, offender to be released into the public domain after he is a welcome message to the general public. It seems was arrested but before he was charged. I would be that the threat of criminal activity of this nature grateful to note whether the Government wish to currently exceeds the actual convictions, but it is better enact provisions that would close that loophole. to be prepared than to find the judiciary without the Finally, I wish to support the principle behind the necessary powers. introduction of secure colleges, whose aim is to remedy The wisdom that I have seen over three years in the often very poor educational attainment of young your Lordships’ House from many octogenarians means offenders, which has been outlined for your Lordships’ that an increase from 70 to 75 for the maximum age to House. Enhancing their skills, of course, is one way to serve on a jury is long overdue. reduce reoffending, and having institutions for which From visiting category C prisons, I feel that the this is their primary focus can only be an improvement. need to bring prescription drugs under the drug-testing However, I would be grateful if the Minister could regime is a loophole that should be closed. Currently, explain why these institutions would cover the age the searches of prisoners for prescription medication ranges 12 to 17 and why the reasons for the other in their possession—without the corresponding institutions within the secure estate being divided between prescription—are thorough, but I never fail to be those aged under 16 and those aged over 16 do not surprised at the ingenuity of prisoners in hiding things. apply to this type of institution. Drug testing is of course incontrovertible evidence of I accept that some of the young people in secure possession of these drugs. colleges will have the physical strength of an adult, so The United Kingdom is blessed with some of the I fully support the use of the reasonable force as a last best medical care in the world, particularly in our resort and for the purposes of preventing harm to that accident and emergency departments. It is often only child or to other children. Of course, where such force this care that saves the life of someone hit by a is used, it should be the minimum necessary. The disqualified driver, but they may still end up maimed suggestion that secure college rules can provide for for life. The culpability of the driving behaviour is the force to be used on children to ensure good order and same, and so an offence of causing serious injury by discipline leads me to worry about the capability of driving while disqualified is also very welcome. the providers of such colleges if they need such rules. I part company with my noble friend Lord Paddick While I appreciate that this education is within the on mandatory sentencing for the offence of possession secure estate, Serco or Wates employees able to use of knives. I do not think it is any coincidence that the force, for instance to make a child stand in an orderly amendment was put forward in the other place by queue for a meal, reminds me of the teaching methods Nick de Bois and supported by David Burrowes, who at Lowood Institution for orphans attended by Jane are MPs for the Borough of Enfield, which, if one Eyre. I expect that this matter will be the subject of glances over the media, is a borough that has been further discussion in your Lordships’House, and although disproportionately affected by knife crime. The possession I am a member of the Joint Committee on Human of knives is now an even greater menace, particularly Rights, I do not believe that I need to pray in aid any 1585 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1586

[BARONESS BERRIDGE] secure college rules. I would be grateful if the noble of our international obligations so much as the common Lord the Minister could say when we might expect to law. I am proud to say that in all our education see those and whether we could expect to see them institutions, corporal punishment of this nature is a before Committee stage. thing of the past and should remain so. I have two specific questions which, so far as I am aware, were not asked in the other place. First, will it 6.23 pm be open for secure colleges to take 18 to 21 year-olds? Lord Ponsonby of Shulbrede (Lab): My Lords, I Clearly, they would be managed separately from those want to go through the Bill and address various points. under 18, but would it be open for secure colleges to First, Part 1 is concerned with dangerous offenders, in take 18 to 21 year-olds if there was space available? Clauses 1 to 5 and Schedule 1. The effect of these new The second question is whether it would be open for offences and new release conditions will be to increase local authorities to refer young people to a secure the prison population—an increase of about 1,000 college if they have no criminal conviction. My prisoners over the coming period, as the Government understanding is that this is the case—rarely but it is said in their impact assessment. When I attended the the case—in secure children’s homes, but would it be All-Party Parliamentary Penal Affairs Group around available for the secure colleges? Christmas time, we heard from the Parole Board about I spent some of yesterday afternoon looking at the the pressure that it is currently under. Given the existing Youth Justice Board’s website. There are 75 youths in backlog of cases for parole hearings and the Osborn custody in the East Midlands and 48 in the east of judgment, I think it behoves this House to look very England. Therefore, when one considers the new build carefully at the Bill in Committee to examine how site for Glen Parva in Leicestershire, there is obviously realistic it is that the Parole Board will be able to meet an inadequacy of youths to go to that site, so it is the increased expectations following the Osborn judgment self-evident that the youths would have to come from and the provisions within this part of the Bill. further away. However, we have had larger dedicated I move on to Clause 15 and the matter of cautions. juvenile prisons in the recent past. First, Wetherby I welcome the proposal to restrict cautions to summary could take 360 prisoners plus a further 48 in a special and either way offences and to limit the use of repeat purpose-built unit, but its capacity has now been cautions. It is of extreme importance that cautions reduced—mothballed—to about 200, so there is capacity have public confidence. There has been legislation for there. Secondly, Hindley became a juvenile-only prison scrutiny panels—which I have mentioned in previous in 2009, with 450 places but because of falling numbers Bills—to look at whether they are being appropriately and after four and a half years it was resplit into 248 administered. Scrutiny panels are being piloted in juvenile offenders and 192 18 to 21 year-old prisoners. different parts of the country and I know there are The point that I am making is that building capacity is schemes in place to look at the consistency of the not the central issue, which is surely to provide the various roles of scrutiny panels. It is clear from the enhanced education. The £80 million cost is a lot of legislation that it is for the police to lead the set-up of money. We do not know where it is coming from, but I the scrutiny panels, but it is unclear to whom those suspect that many noble Lords, and certainly many scrutiny panels report and what is to be done with pressure groups, would think that it would be better their findings. To give the House some idea of the spent on enhancing education provision rather than scale of the issue, in the Metropolitan Police area in building new buildings. 2012-13 there were some 70,000 out-of-court disposals, and the current proposal within London is that there I move on to Part 3 of the Bill and the single justice will be two meetings of a scrutiny panel each year in procedures in Clauses 36 to 40. I agree with the Bill’s each judicial business group area. Therefore, I do not proposal that a single magistrate can convict and want to be too sceptical, but I am doubtful whether sentence high-volume, low-seriousness cases; this is that level of scrutiny is going to be sufficient to assuage when a defendant pleads guilty or agrees to the procedure doubts about the proper use of cautions. or does not respond to notifications. I have sat on hundreds of these cases, and I am very glad to agree I move on to Part 2 of the Bill and young offenders, with the procedure. I say to my noble friend Lord which are dealt with in Clauses 29 and 30 and Schedule 6. Beecham, who is not in his place, that one magistrate As we have heard throughout the afternoon, and is more than sufficient and you can, under current Ministers will be very aware, there is near universal rules, sit with two magistrates. The Magistrates’ opposition to the secure colleges idea. The various Association has raised a concern that this change in pressure groups that contact noble Lords are universally procedure should not be seen by the public as a against these proposals. I understand the Government’s lessening of the rigour with which criminal cases are objective to reduce the cost of detention training dealt with in a magistrates’ court. To this end, the MA orders and to enhance the educational provision available has come up with two alternative suggestions, which I to young offenders. I understand both those objectives. may move as amendments in Committee. The purpose The objections to the secure colleges will be well of the suggestions is to publish the courts’ list in a known to Ministers: the families of children will inevitably readily accessible way so that people can be confident have to travel further to the colleges, and there may that procedures are going through in a public way. well be a mixing of different age groups and ability ranges so the colleges will have to be very carefully I move on to the committal of young offenders to managed so that the different elements of the college the Crown Court, in Clause 41. I welcome this clause, are appropriately separated. I know the Minister in which was introduced at the very last minute in the the other place, Jeremy Wright, has promised to publish other place. If the Government have any estimate of 1587 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1588 the numbers of young people who they think will be purpose of extending the Secretary of State’s power sent up to the Crown Court under this provision, I under Section 128 of the Legal Aid, Sentencing and would welcome that information. The Carlile report, Punishment of Offenders Act 2012—that is, the power which was a very good one, of course went much to modify the test to be applied by the Parole Board in further than this in terms of trying many more cases deciding whether to release these prisoners—to IPP concerning youths in the magistrates’ court. But this prisoners in the event that they have once been clause is a welcome step in the right direction. released and then recalled. Astonishingly, however, the On Part 3 and the costs of criminal courts, in my Secretary of State has yet to exercise that power under view it is wrong on principle that people should pay Section 128, even in relation to the 773 prisoners to their court costs; it is the role of the state to provide whom the noble and learned Lord, Lord Lloyd, referred, the court’s services, so the state’s laws can be properly those who remain in prison long after their tariff administered. I accept that my point of principle is sentences—often for less than two years—expired, weak when it relates to rich foreign businessmen who who were sentenced in the initial period after IPPs seek to resolve their contractual disputes in British were first introduced in 2003, at a time when judges courts. But from where I sit, as someone who regularly had no discretion but, instead, were under a statutory sits in magistrates’ courts, a very high proportion of obligation to pass such sentences. In other words, this the people I see are poor and on benefits. It is inevitable is before the 2008 modification of the regime, when it that imposing a mandatory court cost will make poor ceased to apply unless there was a tariff term of at people poorer and more likely to plead guilty to least two years, when judicial discretion was to some reduce the potential court costs. Does the Minister extent introduced, and, of course, years before this think that that is fair? At the very least, magistrates entirely discredited form of sentence was finally abolished and judges should have discretion about how much of in 2012. the court costs are actually applied. At the conclusion of the short debate on this problem I want to make one comment on judicial review, back in March, the noble Lord, Lord Faulks, while and specifically on children, who are the most vulnerable. noting that the Secretary of State, They cannot pursue these matters themselves and I “has not considered it so far appropriate to exercise the power would support any move in Committee that seeks to given to him by the LASPO Act”, protect children with regard to judicial review. recognised that: Finally, in wrapping up, my noble friend Lord “The sentence itself was clearly ill conceived and its impact Beecham described this Bill as a pot pourri and then was wholly underestimated”.—[Official Report, 27/3/14; col. 700.] went on to give us a lesson in etymology—that it is not The noble and learned Lord, Lord Lloyd, must be necessarily something that smells nice but could be a right in saying that Section 128 was specifically enacted mixed pot of meat. We will see which is the correct to enable this most egregiously ill-treated group of interpretation in the coming weeks. prisoners to be released earlier than they might otherwise hope to be. Frankly, it seems to me deplorable that to 6.34 pm this day it has not been exercised. I can see no possible point in now extending it to the new class encompassed Lord Brown of Eaton-under-Heywood (CB): My by Clause 9(3) if it is never going to be exercised. Lords, there are parts of this Bill to be applauded and Surely, what this Bill should be doing is requiring a other parts, alas, to be decried. I for my part particularly favourable exercise of the discretion. I hope that the welcome the new provisions that place restrictions on noble and learned Lord, Lord Lloyd, will come back the use of cautions. The overuse of these in recent to that and seek to introduce it at Committee stage. years has gravely weakened public confidence in the Secondly, I refer to personal injury claims. Like criminal justice system. I also welcome the creation of other noble Lords who have taken part in today’s new criminal offences in respect of the ill-treatment or debate, a considerable time ago I had some experience wilful neglect of adults in care homes, the subject of a myself in this field. Clause 45 provides basically for number of well publicised cases that have deeply and the dismissal of personal injury claims if the claimant understandably shocked the public. has been “fundamentally dishonest” in the way he has However, I can only deplore much of what appears advanced the claim. For example, let us suppose that a in Part 4 with regard to judicial review, the area of law claimant suffers a broken leg through the defendant’s that principally has concerned me over the past 35 years, negligence but, having in fact made a full recovery ever since I was privileged to follow the noble and after six months, he nevertheless claims on the basis learned Lord, Lord Woolf, as Treasury Counsel in that years later he still cannot manage to walk 100 yards 1979, before undertaking 28 years of judicial servitude. and fully expects to be disabled for life. If, as sometimes Necessarily, at Second Reading, one must be selective happens, he is then filmed playing football or possibly in one’s focus, and I shall therefore confine myself to running a half-marathon, surely we would all agree comparatively brief comments on four topics only—IPPs, that that would be clear evidence of fundamental personal injury claims, juries and, finally, the proposed dishonesty. It would surely be right that, instead of new test for refusing relief in judicial review challenges. being awarded, say, the £5,000 that the claim might First, on IPPs, the noble and learned Lord, Lord have been worth if honestly advanced, he should get Lloyd of Berwick, greatly to his credit, has for some nothing—unless, that is, the court thinks that he would time past, as we all know, steadfastly been pursuing thereby suffer substantial injustice. the cause of these luckless prisoners—and, rightly, he For my part, in common with the noble Lord, Lord continues to do so. Clause 9(3) returns to the topic, Hunt, but unlike, I fear, the noble Lords, Lord Beecham albeit, as I understand it, only for the very limited and Lord Marks, I support this provision. I find 1589 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1590

[LORD BROWN OF EATON-UNDER-HEYWOOD] who engage in fraudulent white collar operations. myself unpersuaded by the briefing that I suspect That was the recommendation of the Roskill committee many of us will have received from the Association of way back in 1986 and it was reinforced by the Auld Personal Injury Lawyers. True, it will be necessary on report in 2001. The subsequent attempts to introduce occasion to argue over whether the claimant’s this provision in Parliament are a sorry story. I suggest untruthfulness or exaggerations constitute fundamental that we would do well to follow the course recently dishonesty and perhaps it will be necessary to argue taken in the Defamation Act 2013, which by Section whether dismissing his claim entirely would cause him 11 provides that libel cases in future are routinely to be substantial injustice. However, given the readiness of tried without a jury. some these days to treat an accident as a God-given Finally, I turn to Part 4 of the Bill, which is the part opportunity to make a fortune—“Whiplash Willie”, I that I regret so deeply and oppose sharply, and the seem to recall, was the name of a character played by Government’s continuing attempt to curb the courts’ Walter Matthau in a film some years back—this seems power by judicial review to supervise executive action. to be a clear steer to how judges should exercise their Regrettably, the Government have already begun to discretion in the matter. The modest narrowing of an do this in the secondary legislation introduced earlier existing discretion is a price worth paying for the this year by substantially cutting public funding of discouragement which it is hoped this new provision judicial review, including, most unwisely, declining to will provide to those who are inclined or tempted to fund leave applications unless they are successful. advance dishonest claims. Again, unlike I fear the Now they seek to compound that by lowering the noble Lord, Lord Beecham, I see no possible logic in threshold for refusing permission to bring judicial suggesting that this provision should therefore be mirrored review or, at the end of a hearing, for withholding any in regard to the defendant’s conduct of their defence. remedy—to reduce it from the existing test of inevitability Surely, on analysis, there is no sensible parallel to be to that of high likelihood. drawn between the opposing cases. As others have made clear, there are fundamental I turn briefly to juries. Clause 56(3), consistently objections to that proposal, both in principle and as to with the recommendations of the Law Commission, the practicalities. So far as principle is concerned, this rightly introduces a new offence of research by jurors— clause will in future require the court to reject a claim most typically, jurors using IT to discover, for example, even though the decision may be deeply flawed in whether a defendant has previous convictions. I support point of law simply because it is likely, although ex that. However, the Bill says nothing about research hypothesi not inevitable, that substantially the same into juries, the question broached by the noble Lord, decision would be arrived at, even if the matter was to Lord Blair, in March when, as he explained today, he be properly reconsidered and lawfully decided afresh. misunderstood the position, as indeed—he hinted at Such an approach will allow public authorities to this too—did I. Section 8 of the Contempt of Court escape responsibility for their unlawful decisions. It Act 1981 bars absolutely all possibility of research overlooks both the central importance of honouring into juries. That is a provision with which I am very the rule of law and the inevitable feelings of resentment familiar given that the very reason it was introduced which one must feel, having been refused any remedy into the 1981 Act was that I myself had failed as despite knowing that the decision taken against one counsel then acting on behalf of the Attorney-General was legally defective. It is worth repeating in this in the prosecution of the New Statesman for contempt connection a short part of a celebrated dictum from a of court for publishing a juryman’s account of the judgment given nearly half a century ago in the Chancery jury’s deliberations in the Jeremy Thorpe trial. However, Division which is true in the context of a breach of the I knew nothing at all of any subsequent attempt to rules of natural justice but is equally applicable to the mitigate the effect of that section with regard to jury establishment of any other legal error in the decision- research. As the noble Lord, Lord Blair, today made making process. The judgment in the case of John v plain, it seems that nobody else did either, with the Rees states: possible exception of Professor Cheryl Thomas. Surely the Bill provides a perfect opportunity to correct what “‘It may be that there are some who would decry the importance to many people will continue to appear to be an which the courts attach to the observance of the rules of natural justice. ‘When something is obvious,’ they may say, ‘why force obstacle in the law. everyone to go through the tiresome waste of time involved in I will briefly make a further point on juries. Is it not framing charges and giving an opportunity to be heard? The result is obvious from the start.’ Those who take this view do not, time to revisit the whole question of mode of trial for I think, do themselves justice. As everybody who has anything to serious and complex fraud cases? The trial of such do with the law well knows, the path of the law is strewn with cases by a judge and two lay members chosen for their examples of open and shut cases which, somehow, were not; of relevant expertise rather than by a jury would hugely unanswerable charges which, in the event, were completely answered; reduce the length and cost of trials and at the same of inexplicable conduct which was fully explained; of fixed and time increase the prospect of arriving at a sound unalterable determinations that, by discussion, suffered a change”. verdict. Surely that, rather than drastically slashing As to the practicalities, one simply refers, as the counsel’s fees to a point at which the whole future of noble Lord, Lord Pannick, has already done, to the the criminal bar is now under grave threat, is the way report of the Bingham Centre in February of this to achieve economies in the criminal justice system year, which expresses the senior judiciary’s view that without in any way damaging—on the contrary, it the proposed new test, would advance—the fairness of the trial process. Indeed, “‘would necessarily entail greater consideration of the facts, that would allow more such cases to be brought to be greater (early) work for defendants, and the prospect of dress trial, better to deter the increasing number of those rehearsal permission hearings’”. 1591 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1592

The report continues: billion by 2015. Now, like never before, it is time to “The proposal thus stands to elongate and complicate the give priority to alternatives to custody as a matter of permission stage, by encouraging defendants to file lengthy and urgency, which some of us have been trying to promote detailed evidence, with consequent delay and increased cost to all for years, and which are far cheaper, with far better parties”. outcomes in terms of reducing reoffending. The proposals Certainly, there has been an increase in the use of in the Bill, I suggest, should be tested against these judicial review over the years, but is this such a bad realities. thing? More and more areas of our lives are controlled The scope of the Bill is very wide and I will focus by public authorities. At the same time, we have become, my remarks on the first part of it. Clause 6 deals with understandably, I suggest, less trusting and certainly electronic monitoring or “tagging”. Used appropriately, less deferential towards those in authority over us. I it is an effective tool, particularly when coupled with sometimes wonder whether it did not all start with good supervision. However, subsection (3) of this John McEnroe’s outraged questioning of line calls at clause gives new powers to the Secretary of State to Wimbledon way back in the 1970s. However, we should make tagging mandatory, either by type of offence or consider how in the long run his behaviour has contributed type of sentence, thus limiting operational discretion to the hugely improved policing of those lines that is and the flexibility to best suit the needs of individual in operation today. I speak as someone who was lucky offenders. These powers can be exercised by order, enough to be on the centre court on Friday. By the thereby limiting the role of Parliament to scrutinise, same token, the use of judicial review has to my mind and any provision to guard against inappropriate use undoubtedly raised the standards of public decision- is currently vague. The code of practice just states that making in recent years. Alas, technology cannot be the Justice Secretary must implement a non-binding deployed to solve disputed calls in the law courts as on code of practice in relation to the processing of data tennis courts, but the judges’ supervisory jurisdiction gathered via tagging—in other words, a virtual free is assuredly the best safeguard that the public have hand. The Joint Committee on Human Rights has against unlawful executive action and the abuse of said that, power, and the Government most certainly ought not to be legislating to weaken it. Therefore, I join my “detailed safeguards in the Code of Practice will be crucial to ensuring that the processing of data”— voice to the many others who have already spoken, and those who are yet to speak, in condemning not that is, data gathered in such a way— only Clause 64 but the further provisions which the “is carried out in such a way that any interference with the right to noble Lord, Lord Pannick, so powerfully analysed respect for private life is necessary and proportionate to the and criticised. legitimate aims pursued”, I apologise for taking so much of your Lordships’ thus pre-empting the possibility for human rights to time but, in truth, this is a Bill of the first importance be ignored. The committee suggests that the Bill, and it contains a number of provisions of which we “be amended to make the Code subject to some form of parliamentary should be decidedly wary. procedure”, to ensure that Parliament has the opportunity to scrutinise 6.54 pm the adequacy of the relevant safeguards. I endorse Baroness Linklater of Butterstone (LD): My Lords, that suggestion since these proposed changes, as they little did I think that I would get to my feet having stand, are flawed and do not allow for proper heard parallels being drawn between judicial review parliamentary scrutiny, as they should do. and line decisions at Wimbledon, but I think that my In Clause 7, there is a new provision allowing for speech will be much more boring than that. recalled determinate-sentence prisoners to serve the This Bill comes hot on the heels of a previous Bill, whole remainder of their sentence in custody, rather now the Offender Rehabilitation Act, which contains than a fixed period of 28 days, as at the moment. This important changes such as the new levels of support is if it “appears” to the Secretary of State that the to be given to offenders coming out of prison, which I prisoner seems highly likely to breach the conditions support. This Bill in turn looks at the more punitive of their licence—thus punishing a prisoner on the aspects of government plans, which involve being presumption of future behaviour. There will be a new tough on crime and collectively are likely to put further statutory pre-release test for these prisoners by the pressure on our already overstretched prisons and the already overstretched Parole Board, which on top of overworked Parole Board in particular. all its other demands, will have to decide on the These are difficult times for the Prison Service in “likelihood of breach”, by making the same presumptions England and Wales, with rapidly rising numbers, huge as the Secretary of State. It has been suggested that budget cuts, significantly reduced staffing levels and this clause places too much emphasis on the gamble of disturbing increases in serious assaults and suicide in the likelihood of breach, at the expense of ensuring custody. The Chief Inspector of Prisons, Nick Hardwick, effective supervision and making a more positive and has recently warned of a situation of “political and constructive gamble. In general, the chances of making policy failure”. Although the number of offenders good in the community are always higher out of coming into the system over the recent past has decreased, prison, rather than in it. Good, effective supervision in the past five weeks the prison population has increased should always be built into the new release test. I look by 734 people—the size of a large prison—and now forward to the Minister’s response to this. stands at 84,533 souls, while the prison estate as a Under Clause 8, the Secretary of State is given the whole is holding 9,242 more prisoners than it is designed power to change the release test for these prisoners, to hold. Cuts to the MoJ budget are due to total £2.4 subject to the affirmative resolution procedure, thus 1593 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1594

[BARONESS LINKLATER OF BUTTERSTONE] divided up—cannot meet such children’s needs properly giving him an unacceptable degree of power. Parliament and is an impossible mix. The proposed idea of rules must be able to scrutinise and ultimately oversee all that authorise the use of force to maintain “good decisions that affect the fundamental rights of citizens, order and discipline” is a terrifying thought and bound such as depriving them of their liberty. Citizens of this to fail as well, being contrary to any understanding of country must be confident that such decisions will best practice among professionals in the field. Is all always be the responsibility of the courts and not of a this also to be delivered on a cut-price budget? That is single individual—including any politician—who is an insult to the intelligence of the people who might here today and may be gone tomorrow. Any other way be persuaded to run such a place, who are unlikely to would be quite unacceptable. provide anything like appropriate care. Clause 25 deals with knife crime and was included So far there is no evidence of how offending rates at the last minute in the House of Commons. It will be reduced in the proposed system, how the includes minimum custodial sentencing for a second education and training will work in reality or what the conviction. A previous conviction for “threatening” qualifications of the staff might be. For this cohort of with a knife or offensive weapon will count as a first children there is consensus among experts that boys strike. The minimum sentence is a custodial term of should be separated from girls, and older children six months for over-18s and a four-month DTO for from younger children. The children are typically the over-16s. This clause is bound to lead to the inappropriate most fragile, vulnerable, frightened—however they might imprisonment of children and young people, estimated seem otherwise—and poorly educated children. They at around 200 children and 2,000 adults per year. The are needy in so many ways and require an enormous term covers offences ranging from threat and injury to amount of individual attention, patience and support. the far less serious one of possession. It is well known A culture in which use of force is authorised to enforce that many children and young people in particular good order and discipline is against the law, sets itself carry knives out of fear and in the vain hope of up to fail and is, above all, completely abhorrent. It is protection, and not to threaten others with the knife—I astonishing that the Government are giving the idea do not know if it is in vain, but it is certainly done in the time of day, let alone allowing it to be the subject hope. In fact, possession-related offences have been of serious debate in Parliament. dropping in the past three years—by 34% for children— This planned pathfinder college would be vast, with and courts already have the powers necessary to deal 320 places, and it is inevitable that children of all ages with repeat offenders. I agree with many others that will get lost. They would cause greater trouble than the measures in this clause are not necessary, could ever and find it impossible to have their needs properly well cause more trouble than they seek to prevent and met. Given the breadth and depth of need these young should be deleted. I sincerely hope that the Minister children have, and given that the Government are will give this suggestion serious consideration. apparently prepared to spend £85 million, let them Clauses 29 and 30 deal with secure colleges. This open, say, five small specialist units around the country proposal appears dear to the Government’s heart and and give a few children real help near their own homes. we are told that considerable work has already gone Secure homes are a good model, and that would be into the idea. They think it sounds like a good idea, money well spent. Otherwise, pathfinder colleges costing but I agree with the many who think it is a disastrous £85 million when the MoJ budget is being cut and idea. The plan is that over time these colleges will youth offending teams and other valuable services are replace all YOIs, STCs and some secure children’s being squeezed, would be a grotesque and unacceptable homes, with the exception of a few for some particularly way of squandering our money and doing nothing but needy children. The rationale is to cut the costs of harm to our most vulnerable children. detention, and provide a more holistic and educational There is a lot of material in this Bill that I have not environment for young people. That sounds good. touched on, but thankfully there are many noble Lords However, a glance at even the rough detail that is present who will do so much more ably than I, and I available shows a scenario that is not good at all. have spoken long enough. We will, of course, revisit all I have a particular interest in this area, as I founded these issues during the passage of the Bill, which a school for children with special needs about 15 years concerns some of the most challenging and needy ago. It is going strong and, I am proud to say, changing citizens in the land. lives. It is predicated on being small—with around 35 children aged from 12 to 18 and it will never get 7.09 pm bigger—so that every child gets all the individual Lord Low of Dalston (CB): My Lords, as the Minister attention he or she needs. There is no division into said at the beginning of this debate, the Bill makes houses and it is run as a whole. It is like a family where significant changes to the justice system through measures everyone knows everyone else and its core mantra is, that create some new offences and reform sentencing “It’s brilliant to be you”. The children in my school and the operation of the courts. It is not a legal aid have to learn that they are valuable and worth something. Bill, but having chaired a commission on the future of They come from a range of complicated backgrounds, advice and legal support in social welfare law—an some staying most of the time and others going home interest that I declare—I am naturally anxious to at weekends. As I said, we change children’s lives. probe the potential impact of the Bill on the provision A 320-place secure college is, by definition, not of legal aid. going to work, because a small scale is vital. Also, a As regards Part 1—Clause 28 in particular—questions regime of mixed ages and sexes, with children with need to be asked about the impact of this package of extreme challenges in large numbers—however well criminal justice measures, especially new offences and 1595 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1596 the cost of parole hearings, on legal aid costs. Has a a year. Is this really economical if only low rates of legal aid impact assessment been undertaken, I wonder? collection can be expected? One of the problems is Whenever new criminal offences are put on to the that courts do not have nuanced systems for determining statute book, we need to understand whether this will ability to pay, as the magistrates’courts’means-assessment lead to additional demand for criminal defence services form misses out a lot of priority and non-priority debt and inflation in the criminal legal aid budget. It is such as fuel bills and rent arrears. important to know this in the current context when Clause 44 suggests that the Government’s solution legal aid for both civil and criminal work is facing to the enforcement gap is greater discretion for fines further cuts. Historically, greater pressures on the criminal officers. However, as appeared when we debated the legal aid budget have led to ever greater cuts in the previous criminal justice legislation, the Crime and scope of and entitlement to civil legal aid, since civil Courts Act, these enforcement functions are being problems do not merit the same equality of arms in increasingly outsourced to the private enforcement access to justice under the UK’s human rights obligations. industry. That means large private firms of bailiffs, As regards the proposals for a new model of youth and many noble Lords will have concerns about the justice provision in Part 2 and the establishment of a methods and record of these firms. new secure training college, what, if any, work has This brings me back to my earlier point about the been done on locating support services at the college, importance of access to timely and appropriate debt such as help with claiming benefits on release, debt and money advice, and the importance of this sector advice and housing options? The voluntary sector has being able to work within the criminal justice system an excellent record in successfully delivering such services to help to turn lives around. It has the tools to help in custodial settings, but I fear that many such services people and the means to properly assess, via the common have been delivered by agencies such as citizens’ advice financial statement, how defendants can meet their bureaux extending the outreach of their social welfare liabilities on a very low income. A better approach law advice services into prisons—sometimes through would be to bring money advisers into the magistrates’ specific matched-funding formulas between civil legal courts to run fines clinics and work with the fines aid and support from NOMS and probation services. officers. Now that there has been a retrenchment in legal aid for social welfare law, I am worried that such services Many other provisions on courts and tribunals in focusing on prisoners’ needs have declined, and given Part 3 merit greater scrutiny, including those on civil the changes to the scope of legal aid for prison law appeals and wasted costs. We need to think more issues, the opportunity for advice providers to work imaginatively about how our administrative tribunals with prisoners on a range of needs that might help are funded and how users are supported. I should like them to change their offending behaviour seems to be a system to be put in place, for example, whereby diminishing. Money advice and financial capability tribunals can recover costs from government departments support are particularly important for young offenders. that have shown poor decision-making. Youth Access has consistently demonstrated the value Finally, I turn to the provisions of Part 4 on judicial of early interventions in working with troubled teenagers review. Nothing I can say can begin to match the to develop money skills. withering attack directed at this part of the Bill by the This brings me on to wider issues of financial noble and learned Lord, Lord Brown of Eaton-under- exclusion and criminal justice that are relevant to the Heywood. Others have commented on how the higher provisions of Part 3. The direction of criminal justice threshold set for granting permission to proceed with policy is for ever greater use of larger financial sanctions judicial review and the new cost liabilities on interveners and penalties by the criminal courts. In Clause 42 we and third parties could have a significant deterrent are presented with new proposals for magistrates’ effect for citizens and their representatives pursuing courts and Crown Courts to impose on defendants their legitimate interests. These provisions, however, mandatory court cost-recovery charges of between must also be seen in the context of some of the recent, £100 and £900. This is in addition to the victim post-LASPO, legal aid regulations that have restricted surcharge and any fines or compensation orders imposed. legal aid for pre-permission work in judicial review Yet all the social and demographic data that we have cases. Even though such cases remain within the scope show us that defendants in magistrates’ courts are the of legal aid funding, the combined effect of legal aid most financially excluded in society. The MoJ’s own changes already introduced alongside the judicial review prison population data show that some 68% have been changes in the Bill will surely act to cut a key avenue unemployed before conviction, and a survey of for citizens who need redress when unreasonable and magistrates’ court defendants undertaken by Kemp unlawful decisions are taken by the statutory gatekeepers and Souza in 2009 for the Legal Services Research of welfare benefits, social housing and community Centre came out with a sample of more than 50% having care services. incomes below £12,475. In the time that remains, I want to say something Overreliance on financial sanctions in the criminal about a group of victims of crime who are often justice system may explain in part why the MoJ has forgotten: the children and adults dependent on offenders such a poor rate of fine collection. Sometimes the sent to prison. They feel isolated and ashamed. Prisoners’ Government can spend more on the cost of enforcement children are often bullied and stigmatised. The experience than they can actually recover in fines and other of witnessing a parent being arrested can be extremely financial penalties. I note that the impact assessment traumatising for a child, who may even be too young puts the estimated costs of introducing, administering to fully understand what is happening or where their and enforcing the new criminal courts charge at £20 million mum or dad is being taken. The statistics serve solely 1597 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1598

[LORD LOW OF DALSTON] I should add that the whole area of jurors’ potential to emphasise their vulnerability: they are twice as access to digital archives, which was at the root of likely as other children to experience behavioural and those clauses, is of course one that needs to be treated mental health problems, and they are three times as with the utmost seriousness. It seems to me that Clauses likely to go on to commit an offence. There are an 54 to 58 on juror research are a sensible and proportionate estimated 200,000 children with a parent in prison at way to do that in an online age, as was said by the any one time, nearly three times the number of children noble and learned Lord, Lord Brown of Eaton-under- in the care system, yet there is no official way of Heywood. I should add that the media, too, maintain identifying them or ensuring their need for support is a great deal of vigilance in this area. All mainstream met. No one currently asks about them, so nobody media organisations take the greatest care, when criminal looks out for them or cares about them. proceedings become active, not to put material on the The Families Left Behind campaign is therefore front pages and their websites, where such material calling for a statutory duty to be placed on courts to could create a substantial risk of prejudice. That highly ask an individual whether they have any dependants effective system, working alongside the new offences when they are sentenced to prison or held on remand. created in the Bill, should serve well the interests of If they do, steps can then be taken to ensure that justice, which is our primary concern. That comes in at appropriate care arrangements are in place. They may just over one minute. be children, elderly parents or disabled partners: they are all people who are at risk of being forgotten when 7.23 pm their parent or carer is sent to prison. The members of Baroness Thornton (Lab): My Lords, I am sure the Families Left Behind campaign and charities such everyone in the House will be most grateful to the as Barnardo’s, PACT and Partners of Prisoners can all noble Lord, Lord Black, for that intervention. I fear I give examples of children who have finished their day am not going to be quite so brief. I will address Clause at school expecting their mother or father to be there 28 of the Bill, concerning the possession of pornographic to pick them up, only to find that there is nobody. images of rape and assault by penetration. I will Why? Because their parent had not expected to go to support my noble friends Lord Beecham and Lord prison and had not made arrangements for the end of Kennedy throughout the passage of the Bill. the day, let alone for the rest of their sentence. The Bill amends Section 63 of the Criminal Justice An amendment to require courts to ask offenders and Immigration Act 2008 to extend the current offence this simple question and to check whether there are of possession of extreme pornography to include care arrangements in place would give offenders an possession of pornographic images depicting rape and opportunity to disclose whether they have a dependant. other non-consensual sexual penetration. Possession It would then no longer be so difficult to ensure that of such pornography is an existing criminal offence in they get the support they need. Such an amendment Scotland. We on these Benches welcome the Government’s would not be resource-intensive. Where care arrangements intention to extend the extreme pornography offence. are already in place, no further action would be necessary. I wish to thank Professors Clare McGlynn and Erika Where they are not, all that would be required would Rackley of Durham University for all the research be a referral to a relevant local authority care provider. they have done and the excellent evidence and briefs The Bill provides an excellent opportunity to make they have prepared at every stage of the Bill. I also a difference to the lives of these children and adults. It thank End Violence Against Women and Rape Crisis would be a tragic shame if the Government, while South London for the research they have carried out toughening up the system of justice delivered to criminals, and the work they have done in their campaign to ban missed the chance to help crime’s forgotten victims. rape porn, which involved writing to the Prime Minister in June last year. I will quote some of this letter, which states: 7.21 pm “The vast majority of images depicting rape are lawful to Lord Black of Brentwood (Con): My Lords, I may possess, although they are banned in Scotland under its Extreme be about to enter the record books for the shortest Pornography legislation”. ever Second Reading speech. My thunder was well It goes on to say: and truly stolen by the Minister in his opening speech. “We are talking about sites that explicitly advertise sexually I had intended to talk this afternoon at some length— violent content and with titles such as ‘Father Raped Drunk something that I can now spare noble Lords—about Daughter’ and ‘Incest With Daughter at Family Cabin’”. the serious problems arising from Clauses 51 and 52 of Fifty of the top accessible rape porn sites can be the Bill on contempt, which, although crafted with the found through a Google search. Some 78% advertise best of intentions, raised profound implications for rape content of under 18 year-olds—in other words, freedom of expression and the public’s access to schoolgirl rape. Some 67% advertise rape content involving information. Instead—duly declaring my interest as knives and guns; 44% advertise rape content involving director of the Telegraph Media Group—all I have to incest; and 44% advertise rape content where the woman do is warmly to welcome the Attorney-General’s decision is unconscious, drugged or semi-conscious. Of those to drop these clauses from the Bill, following a full and being assaulted, 100% are female; 82% of perpetrators frank consultation with media organisations, including use restraint by force; 65% of the women express pain; the Newspaper Society, the Media Lawyers Association and 71% show signs of visible distress. and the Society of Editors, and to praise him for The Government have a coherent strategy on violence listening to the arguments made, including those of against women. In the Bill they recognise the failure of the Joint Committee on Human Rights. the current law to take a strong stand against the 1599 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1600 normalisation of sexual violence. Indeed, the Joint there should be the inclusion of a provision stating Committee on Human Rights says in its report on the clearly that the “realistic” portrayal of acts in question Bill: refers to both real and simulated images. We will “We welcome, as a human rights enhancing measure, the suggest that we may need an amendment to clarify provision in the Bill to extend the current offence of possession of that exactly. An amendment to this effect was moved extreme pornography to include possession of pornographic images and discussed in the House of Commons Public Bill depicting rape and other non-consensual sexual penetration. We Committee. However, it was withdrawn in the light of consider that the cultural harm of extreme pornography, as set out in the evidence provided to us by the Government and others, an explanation that the Bill’s Explanatory Notes would provides a strong justification for legislative action, and for the clarify that the offence, proportionate restriction of individual rights to private life (Article 8 ECHR) and freely to receive and impart information (Article 10 “would cover both staged and real depictions of rape or other ECHR)”. penetration”.—[Official Report, Commons, Criminal Justice and Courts Bill Committee, 18/3/14; col. 215.] None the less, criminalising the possession of extreme pornography is a serious matter. Legislative action This may not be adequate, and I would appreciate and any potential restriction of an individual’s rights some clarification, which might appear on the face of under Articles 8 and 10 must be taken only if we can the Bill. be certain that there is sufficient justification. Our liberal democracy rightly champions the values of Secondly, we might consider the inclusion of a equality and dignity, which are directly challenged by provision requiring reference to be made to the context— much violent pornography, especially rape pornography, the description, sounds and narrative—of the image thus demanding regulatory action. Surely the law has when determining whether it is one of rape. The a precautionary role to anticipate, preclude and counter context of an image is valuable in determining whether the risk of harm to society and individuals. pornographic images are “extreme”. Simulated images There has been in the past a demand for evidence of of rape are widely available on free-to-access pornography direct causal links between pornography and sexual websites. The images are often accompanied by banners violence. I think it is now accepted that that is and text which glorify rape and sexual violence: “These oversimplistic. Understanding the drivers that lead to girls say no but we say yes”; “See what happens when the commission of sexual offences is extremely complex men lose control … whether she says yes or no … and cannot be reduced to simple explanations. Challenging Damn, the guys enjoy a ‘no’ more”, for example. The and seeking to prevent sexual violence will require a narrative of the story similarly conveys such meaning, multifaceted approach, including challenging the as does the soundtrack. This contextual material makes normalisation of sexual violence through pornography. it clear that the image is intended to be of rape and The argument is not that the person who views other non-consensual sexual activity.The non-consensual extreme pornography, such as pornographic images of aspect, or what makes an image one of rape, is therefore rape, will then go on to commit rape: rather, it is that clear from the overall context. the proliferation and tolerance of such websites and The Criminal Justice and Licensing (Scotland) Act images, and the messages they convey, contribute to a 2010 includes a provision to ensure that the context of climate in which sexual violence is condoned and seen the image—the descriptions or sounds accompanying as a form of entertainment. Rape pornography sustains it—is relevant to deciding whether an image is extreme. a culture in which a “no” to sexual activity is not taken This ensures that simulated images of rape come clearly seriously. It promotes the myth that women enjoy within the remit of the legislation, whether or not the being coerced into sexual activity, and that they enjoy act was itself consensual—that is, whether the actors violent, non-consensual sexual activity. The cultural in the image were consenting. harm posed by such depictions is a strong justification for legislative action and for the proportionate restriction Thirdly, we need to think about whether we clarify of an individual’s rights. the defence of “participation in consensual acts”. The All this was recognised in the United Nations fourth target of the extreme pornography legislation is not, World Conference on Women report, which refers and should not be, private depictions of consensual specifically to depictions of rape as contributing to the sexual activity.Consideration might be given to clarifying context of continuing violence against women. It states: the scope of this defence so that it permits the possession “Images in the media of violence against women, in particular of images which are taken of those participating in those that depict rape or sexual slavery as well as the use of consensual acts and which are for private use only. women and girls as sex objects, including pornography, are factors contributing to the continued prevalence of such violence, adversely We might also have the inclusion of a “public influencing the community at large, in particular children and good” defence. Section 4 of the Obscene Publications young people”. Act 1959 includes a defence where the material in This is also a culture in which, as research for the question is for the public good. The absence of a Children’s Commissioner suggests, young children are “public good” defence in the extreme pornography law turning to pornography for guidance on sex. They are reinforces the fear that the provisions could be used to engaging in risky behaviour as a result of viewing criminalise the possession of legitimate works of art, pornography. They are uncertain about what consent film and such-like. The introduction of a “public means and are developing harmful attitudes towards good” defence might demonstrate that there is no women and girls. intention of bringing educational, legitimate artistic That does not mean that there are not areas which or similar works within the scope of the legislation, we might hope to explore during the further stages of and it would help to ensure that only harmful material the Bill in relation to this clause. The first is whether is covered by the provisions. 1601 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1602

[BARONESS THORNTON] and his special statutory responsibilities, but he has to Your Lordships’ House may also wish to consider be judged by his actions, to some of which I am about the issue of an image being obscene. The current law to refer, as well as his words. provides that for an image to be extreme, it must be Of course, if the Minister were able to drop Part 4 one which is, from the Bill, I could compete—just—with the noble “grossly offensive, disgusting or otherwise of an obscene character”. Lord, Lord Black, but there is no sign of that yet. I The use of the term “obscene” has long been criticised should make it clear that there are aspects of the Bill on the basis that it is typically deployed to catch that I welcome. There are others about which I have material which is not only harmful but causes offence reservations, but it is Parts 4 and 5 that I am really or disgust. I would appreciate a discussion on that concerned about. They have to be considered against because I am not clear whether that is an expression the role of judicial review in our judicial system. I that we should continue using. therefore disclose my joint editorship of De Smith’s On the other hand, my honourable friends Diana Judicial Review and Zamir Woolf on declaratory relief. Johnson, Helen Goodman and Dan Jarvis in the Both volumes make it clear why what is being proposed Commons brought forward an amendment which used is contrary to the rule of law. It has been suggested that description. They proposed it in response to the that what is proposed would undermine confidence in fact that the Prime Minister has promised to equate the judges and that it might be inspired for that online and offline restrictions to regulate pornography. purpose. Again, I hope that that is not the case. It was a promise that we in the Opposition welcomed However, that might be understood if I explain judicial and we would like to see it implemented. We think that review in a little more detail than has happened hitherto. the Government’s proposals in this Bill are a welcome I have had a unique opportunity to be involved in the step forward, but they are quite a small step forward procedure. and we would like further clarification. The procedures—not the task of a judge scrutinising The Government’s proposal is to ban the possession the Acts or the Executive—go back to 1978, when I of pornography which is deemed to be, had just become a High Court judge after being the “grossly offensive, disgusting or otherwise of an obscene character”, “Treasury Devil”, as my noble and learned friend and a realistic depiction of rape or assault by penetration. Lord Brown was subsequently. Chief Justice Widgery Both elements of this test are complex and open to gave me, together with others, the task of devising a wide interpretation. Therefore, we may propose an new procedure of judicial review. A handful of nominated amendment which leaves in place the first part of this judges, of whom I was one, were given the responsibility test and replaces the second part with the description of hearing these cases in accord with the new procedure. of rape employed by the British Board of Film Judging by the number of cases heard, it was a great Classification—that is, content depicting, success. As Lord Widgery said, if you provide a motorway, the public will use it. The old procedure did have “sexual activity which involves real or apparent lack of consent. Any form of … restraint which prevents participants from indicating advantages until it was swamped. It provided protection a withdrawal of consent”. for the Executive as well as the public, but a new procedure This simplifies the law in two ways. First, it makes it was desperately needed. The advantages for the public clear that we are criminalising the possession of porn were that judicial review was a means by which their depicting rape scenes, even if they are staged. Secondly, rights could be vindicated, but there was also protection our amendment would ensure that content was banned for the Executive. This was due primarily to the if it showed sexual assaults and maybe even rapes but requirement for leave to bring prerogative writs, which not the act of penetration. Has the Minister had any was adopted into judicial review, and to its discretionary discussions with the British Board of Film Classification nature, which gave judges powers to mould the procedure on this matter? I should say that I intend to invite the so that it would fit the needs of different cases. board to come to the House to discuss these matters The procedure was expeditious because it did away with any noble Lords who may be interested. with the need for oral evidence; a case could be dealt I am looking forward to the discussions and I am with on the papers. Discovery was usually unnecessary very grateful to the Minister for agreeing to see me to because at every stage the procedure gives judges a talk about these matters. wide discretion. That is needed. The judge can tailor the procedure to meet the case. It is a remedy of last resort and it cannot be used if there is another alternative. 7.36 pm If an application serves no purpose, it is dismissed at Lord Woolf (CB): My Lords, when I was a relatively the outset. It has been admired by many jurisdictions, young judge, a long time ago, and I had to travel on but not widely adopted because a requirement of leave judicial business, it was suggested by the then Lord would be regarded by many of them as being Chancellor’s Department that I should travel under a unconstitutional. In these respects, judicial review has nom de plume for my safety. It was suggested that always been tilted against the citizen in a way that Mr Sheep would be an appropriate name. I am afraid other litigation is not. Saying it was tilted against the that I have reluctantly come to the conclusion that, as citizen in ways that other litigation is not was done regards the rule of law, the Lord Chancellor, Mr Grayling, deliberately because of the recognition of the need to is showing signs of becoming a wolf, so far as clothing protect the Executive. After all, it is the Government’s is concerned, rather than a Lord Chancellor. The job to govern. judiciary, I fear, may be the sheep. I hope that he is not I have no doubt that if judicial review had not been doing this deliberately. I believe that he is sincere in his such a success, there would have been a much stronger many protestations that he is seeking to fulfil his oath movement in this country for an entrenched constitution. 1603 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1604

It is the discretion of the judges which means that on the level of costs for which a litigant is liable so that judicial review is at the very heart of the rule of law in they have confidence to move forward. However, to do this country. This does not mean that the procedure that after the permission stage is pointless because it cannot be amended. Of course it can, and it has been will never get to that stage. I am at a loss to understand amended regularly over the years, including amendments how that could have been suggested. for which I should take some responsibility, and others One of the reasons that has been put forward as a for which the noble and learned Lord, Lord Brown, justification for the provisions to which I have referred should take responsibility. However, it means that if is that too many cases are going to judicial review. I you are going to interfere with the procedure, you have to tell the Minister that the number of cases is must be sure that you understand the danger of the due largely to incompetence on the part of the Executive unintended consequences that could result from and other public bodies. If they did their job properly, your actions. there would be no need for judicial review. One of the I draw attention here to what has recently happened great virtues of judicial review is that it sets standards. to legal aid for judicial review, which we have already Public servants have to realise that they cannot take heard about. If the Government had understood judicial short cuts. There was a time, when I was directly review, they could not possibly have brought in the involved in these matters, when the standards of the changes to judicial review legal aid that they have. It is government legal service were exemplary. I am afraid a procedure that is designed to be used by lawyers; it is that those standards have dropped through lack of not one that is designed to be dealt with by individuals resources and because, unfortunately, civil servants acting in person. I fear that judicial review will be less are moved too frequently. In the old Lord Chancellor’s efficient and more expensive because of the action the Department, they would remain for the duration of Government have taken in regard to the provision of their career. That may not be appropriate for other legal aid. departments, but it had considerable virtue in the I come to the proposals set out in the Bill. They Lord Chancellor’s Department. interfere with the ability of a judge to provide, so far I suggest that there is really only one action that the as is practicable, a level playing field. So far as it is Government can properly take in this case. They should practicable, the needs of the Executive and of the take Part 4 away and look at it again. It should cease public are served. There are conflicts, and it is therefore to be part of the Bill. If it remains, it will be a blot on essential that judges should hold the ring. It is quite the reputation of this Government in terms of their impossible to anticipate what the cases that come commitment to the rule of law. They should realise before the courts will require, but the procedure is that. They should realise that these provisions have both wide and flexible. I find it very difficult to understand been strongly criticised by the judiciary and in this what possible reason there is that is capable of being House. Part 4 really is not something that should substantiated to justify what is set out in Part 4 of the grace the statute book. Bill. I fear that it is due to ignorance. That is not an excuse, but it underlines the importance of the need to 7.49 pm understand what you are doing. Changes are being made with regard to cuts in legal aid because it is now Lord Carlile of Berriew (LD): My Lords, it is always appreciated that they will not work. I hope that there a great privilege to follow the noble and learned Lord, will be second thoughts on Part 4. Lord Woolf. If ever a wolf showed that he was not a I turn briefly to the statutory provisions. Clause 64 sheep but how to bite with gentle ferocity it was states that the judge “must” refuse leave. That is wholly tonight in this House. inconsistent with the requirements of discretion. The My verdict on the Bill is that there is much to present law uses “may”, and there is a world of difference. support but possibly even more to amend. It is a Under Clause 64, information on financial resources matter of concern that a Bill has arrived from the has to be provided by applicants. That is a totally other place in such poor order requiring so much novel idea. As far as I am aware, in no other area is amendment. I support in general terms the powerful such an imposition put on an application for judicial and excellent speech of my noble friend Lord Marks review. It is just unacceptable. It is a barrier that is out of Henley-on-Thames and the persuasive remarks of of accord with the rule of law. the noble Lord, Lord Pannick. I want to concentrate Clauses 66 and 67 deal with costs where a party on two aspects of the Bill that have caused widespread intervenes. Sometimes, but not in many cases, it is very concern. My first point relates to the Bill’s provision useful for there to be interveners. Under the provisions for secure colleges, which has been widely discussed, here, you will not be able to receive any assistance but I want to pick up on a couple of specifics. from interveners. I applaud the reduction in the number of minors Clauses 68 and 69 deal with capping the liability of held in custody in recent times and the work of the an unsuccessful litigant to pay costs. These provisions YouthJustice Board under the chairmanship of Frances have been explained very ably by the noble Lord, Lord Done. I look forward to an equally fruitful period Pannick, and others. Again, it is an effort by the under my noble friend Lord McNally, whom I am judges to obtain a level playing field. It is known that delighted to see in his place and with whom I, along applications for judicial review that should be heard in with many others, have already had discussions. He is the public interest will simply not be heard and will showing great enthusiasm and a huge appetite to learn not come before the courts, to the disadvantage of the about his new post. public, if litigants have to pay costs they cannot afford. My observation during my period as president of The courts look into the matter and put a restriction the Howard League for Penal Reform persuaded me 1605 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1606

[LORD CARLILE OF BERRIEW] custodial institutions. There was clear evidence when beyond any doubt about the important role of education we were doing the Howard League report that kicking within the custodial environment. I will never forget off and being restrained was almost a badge of office the maths certificates, all at highest grades, that I saw for young people. It is asking for trouble to allow on the wall of a 17 year-old prisoner. When he informed private sector institutions to form their own rules for me of his wish to be a maths teacher when he was the use of restraint. It is just too vague to be credible released and able, as he hoped, to go to university, I and it will lead to numerous cases in the courts for asked him, “How was your maths when you were at damages and, if it is possible, some judicial reviews. school outside this place?”. His reply was, “I never Clause 67, too, has been addressed by a number of went to school, sir”. He had been the beneficiary of Members of your Lordships’ House. It deals with the excellent education, not on a large scale, but in a proposal to make interveners liable for costs arising targeted way, in a custodial environment where it just from their part in public interest legal challenges. I so happened that the education was extremely good, agree entirely with the noble Lord, Lord Pannick, that at least for him. I agree entirely with my noble friend this proposal is not necessary. The courts already have Lady Linklater that small institutions are best equipped adequate powers to refuse an application to intervene to deal with the multiple needs of young men such as or penalise inappropriate behaviour by interveners the one to whom I have referred. Indeed, I would also through costs actions. It rarely happens. I have not cite the experience and the excellent successes of the been able to find a case in which it did happen, now sadly defunct Peper Harow Foundation, which because on the whole interventions are constructive. achieved much in the same context and I know is well Indeed, the proposal is counterproductive. It will result remembered by a number of Members of this House. I in deterring parties from intervening, depriving the hope that the young man to whom I have referred has High Court and the Court of Appeal of important now found his true vocation, which was started through legal and factual information that leads to the right good education in custody, and has gone on to university decision. In some of these public interest cases, it is and become a maths teacher. not a game. These are important cases and what I absolutely agree with the Secretary of State and matters is doing right to citizens and of course to the my noble friend the Minister this evening that there Government. should be a strong focus on education in custody. The role of interveners has been praised on many However, the cohort of children in custody has complex occasions. The noble and learned Baroness, Lady Hale, issues and needs. These were well described by the said in 2013 that the more difficult the issue, noble Lord, Lord Ponsonby, and I do not propose to repeat what he said. But what is proposed in the Bill “the more help we need to try to get the right answer”. needs to be examined in relation to two particular She described the potential for interventions to be issues. The first is the size of the institution and above “enormously helpful”. The noble and learned Lord, all the fracture from home that such a large institution Lord Hoffmann, in the case of child E against the is likely to cause, by definition, by bringing people Chief Constable of the Royal Ulster Constabulary in possibly hundreds of miles from their homes. The 2008, explained that permission to intervene is given, second is the provision for physical restraint as it is “in the expectation that their”— described for good order and discipline. the intervener’s— The Government’s commitment to a large institution “fund of knowledge or particular point of view will enable them is, in reality—this is clear from the papers—an economic to provide … a more rounded picture than it would otherwise decision, not one related to the needs of the children obtain”. in custody. Real concerns have been expressed to us all Interveners add value to the court. They provide by many experts about bullying, safety and, above all, the sort of analysis that sometimes is not readily resettlement from a large institution distant from home. available to the party, such as international comparison. For this group of offenders, one size simply does not We should remember that it is not only NGOs that fit all. intervene; government departments intervene frequently Restraint is an extremely important issue, which is in judicial review cases, principally with the good dealt with with extraordinary superficiality in the Bill. purpose of protecting the legislation and the policy for In 2006, with others, I produced a report for the which they are responsible. For example, in the case of Howard League on the use of physical restraint on Yemshaw v Hounslow London Borough Council in children in custody. It was quite evident that the rules 2011, a case that went to the Supreme Court, the varied from institution to institution and that the Secretary of State for Communities and Local techniques for the use of restraint in some places were Government intervened in support of a wider definition violent and relied on pain compliance and in others of domestic violence. were quite different. What is absolutely clear was that Clause 67 makes sweeping changes to interventions restraint was very rarely needed. In the best institutions, in judicial review cases. It appears to require the court compliance could be obtained by de-escalation techniques, to order that an intervener—and this is incomprehensible as I think they are generally called—in other words, to me—must pay the other parties’ costs arising from sitting down and taking the time to talk to the young the intervention. Where another party applies for such person concerned about why he or she had kicked off an award to be made, the court will have discretion to and how the problems could be resolved. That technique depart from this rule only in exceptional circumstances. leads to a constructive outcome. That is absurd, especially when you consider that The use of pain compliant violence and other forms many interventions are made in writing or by short of physical restraint leads to resentment and trouble in submissions to the court. The inevitable consequence 1607 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1608 of this is that charitable and not-for-profit organisations lack of detail about the proposed secure college and will no longer be prepared to provide their expertise to the phrase in the final paragraph of the ministerial assist the court in cases of wide public importance. foreword, signed by the Secretary of State and the How could trustees reasonably agree to support an Deputy Prime Minister, intervention when it could result in losing tens of “we are committed to delivering at pace”. thousands of pounds or more in costs, jeopardising, in That suggests that this is a pet project of the Secretary some cases, the existence of small charities? of State, which he is determined to push through as The senior judiciary, of which we have some very quickly as possible whatever anyone says. My concerns distinguished representatives in this House, some of were further fuelled by three things that the Secretary whom have spoken tonight, has spoken out this year of State said at Third Reading of the Bill in the other in relation to these proposals. It said: place. First, he said: “The court is already empowered to impose cost orders against “We are not a Government who legislate without taking into third parties. The fact that such orders are rarely made reflects the account the views of Parliament”. experience of the court that, not uncommonly, it benefits from hearing from third parties. Caution should be adopted in relation That claims sounds a little hollow when I recall the to any change which may discourage interventions which are of deliberate denial of parliamentary scrutiny of the benefit to the court”. reordering of probation. Secondly, he said that, There is no need for this new proposal. I agree entirely “the rules that underpin the secure college provisions will be with the noble and learned Lord, Lord Woolf, that the subject to public consultation. They were published during the Government should take this proposal back to the passage of the Bill to benefit from the wealth of expertise within drawing board. The court already has wide powers to the youth justice sector”. penalise parties, including interveners, who act Bearing in mind their importance, as mentioned by irresponsibly or to award costs against interveners the Minister, it is essential that this House sees and who play a leading role. There is no problem. The scrutinises those rules. I therefore ask the Minister Government are creating a problem when it does not why they have not been available to the House before exist and does not require a solution. In your Lordships’ we start work on the Bill. Thirdly, he said: House, we can ensure that that consequence does not “I urge the Opposition to think again before they play politics follow. with the future of young people”. [Official Report, Commons, 17/6/14; cols. 1070-71.] 8.01 pm Like many other noble Lords, I welcome the Lord Ramsbotham (CB): My Lords, I begin by Government’s stated ambition of creating secure assuring the noble Lord, Lord Carlile, that Peper educational establishments where core learning skills, Harow, in the name of Childhood First, is alive and vocational training and life skills will be the central well. Indeed, my noble and learned friends Lord Woolf pillars of a regime focused on educating and rehabilitating and Lady Butler-Sloss and I have the honour and young offenders. I also welcome the acceptance of the pleasure of being patrons of the organisation. measures introduced by the Children and Families Act for the treatment of those with special educational needs. As an independent Cross-Bencher, my opposition Lord Carlile of Berriew: I apologise to the noble to this proposal is nothing to do with party politics, Lord. I remember it being burnt down and have not but entirely based on my practical experience as Chief kept up with developments since. Inspector of Prisons, when I inspected every young offender institution, and many secure training centres Lord Ramsbotham: The house itself was burnt down, and secure children’s homes, in England and Wales. I but the organisation is functioning in smaller houses, found good establishments and bad establishments. which is much more effective than having one large What united the good ones was that their governors house. were trying desperately to achieve what the Government I propose to speak only about Part 2 of what was state to be their ambition, while regretting that their already a vast Bill before other clauses were added attempts were hampered by a lack of resources, including during its passage through the other place. That is not time—the average length of sentence being a bare to say that I do not have concerns about Clauses 1 78 days. My inspection experiences and my subsequent to 5, which will add significantly to the work of the involvement with the youth justice system lead me already overstretched Parole Board, about Clause 6, totally to disbelieve the maths of the Government’s which appears to be a badly rushed measure on claims and to ask the Minister: first, whether there are which the Minister in the other place was unable to any maths; secondly, on what they are based; and provide information, either about its projected cost or thirdly, why they have not been made available for us its alleged benefits, or about Clauses 7 and 8, about to scrutinise. which there must be doubt because the impact assessment Having seen many wise, dedicated and experienced seems to ignore the inevitable number of breaches of governors try and fail to squeeze more out of their supervision by short-term prisoners, discussed many pint pots, I have to admit that what I dislike most times during the passage of the Offender Rehabilitation about this proposal is the presumption, based on no Bill. I leave Part 4 to my noble and learned friends evidence, that private sector companies working for with great confidence, enhanced by their contributions profit can come in and do what experienced professionals to today’s debate. have failed to achieve, in larger establishments, with My concerns about Part 2 began with the Government’s larger catchment areas and at less cost. Such a presumption published response to the consultation on Transforming suggests that no one has worked out the cost of Youth Custody, in which I was disturbed both by the essential custodial educational staff/offender ratios, 1609 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1610

[LORD RAMSBOTHAM] and costed examination of what improvement and because, if they had, they would have realised that the change was possible with the available resources, including cost of ensuring there are sufficient skilled custodial quantifiable evidence to support his claim that secure staff is bound to have an impact on the provision of colleges will reduce reoffending rates and show how purposeful activity and vice versa. The risks that private such a reduction will be achieved in practice. Meanwhile, sector companies take with staff numbers in adult in the absence of proof, it would be irresponsible of prisons are simply not acceptable when they are responsible the Government to ask this House to rubber stamp for safeguarding this vulnerable age group. this proposal and responsible of them to prove that I The proposal also confirms that pace has encouraged am wrong by producing the evidence that justifies the the rejection of the unanimous advice from experts pace with which they are pursuing their proposal with that small establishments are far better and safer if unsubstantiated ambition. anything is to be achieved with this particular group, and for the need to preserve the principles of maintaining 8.11 pm closeness to home, development of good family contact and links to the local authorities of children in care. If Lord Bach (Lab): My Lords, my remarks will be pace means commissioning £85 million of limited directed to Part 4 of the Bill. However, I cannot resist funding on an unsubstantiated proposal before it has noting how it was exactly this type of Bill—perhaps been scrutinised and approved by Parliament, without best described as a Christmas tree Bill which is also knowing whether it is possible to implement what is introducing new offences—which was the subject of proposed, it is better described as playing with the so much stern criticism from the then Opposition in future of young people. the previous Parliament. Now, of course, the present Government commend the good sense of putting so The Minister said that the commission to build many disparate elements—I doubt we have had them would not be confirmed unless and until the Bill all yet—into one Bill and then, conveniently, adding receives Royal Assent. I submit that it is bordering on more and more offences to the list. One perhaps contempt of Parliament for the Government to announce should not be surprised by this change of heart, but the award of the £85 million pathfinder contract to the contrast in attitude is striking. Wates to build what they describe as a purpose-built 320-place secure college on a site at Glen Parva in the As to Part 4 and its attack on judicial review, we East Midlands before the Bill has completed its passage should not be surprised at all. It is no use claiming, as through Parliament and without any idea about the the Minister did, that these proposals are technical—he requirements of the educational contract whose delivery did not use the expression de minimis, a mere tidying-up the build is meant to facilitate. Far from it being operation, but that is what he perhaps meant—and designed to satisfy secure college aspirations, Wates should be seen just for themselves. Even if they stood has been commissioned to build what was agreed for a alone, they are much more serious than that. young offender institution on the same site in 2009 but However, the provisions do not stand alone. They subsequently not built. The Minister’s mention of are the latest instalment in a series of provisions that Titan prisons reminded me that it was Wates that told are consciously and deliberately undermining our precious me of Jack Straw’s infamous direction that they were system of civil justice and, thus, every citizen’s right to required “to hold as many people as possible as cheaply access justice. I agree with what the right reverend as possible”. I hope that the same has not been directed Prelate the Bishop of Oxford said in his remarks. by the Secretary of State in connection with the proposed Let us begin with the Government’s first step, taken secure college. days after they came to power, to administratively cut Other noble Lords have mentioned paragraph 10 of back the number of cases in which civil legal advice Schedule 6, which allows staff to “use reasonable was available. The numbers declined in the first three force” to ensure “good order and discipline”. I fail to years from 485,000 to 293,000. Then, of course, came see why this paragraph is necessary, because an legislation in the form of Part 1 of the Legal Aid, independent review of restraint in juvenile secure settings Sentencing and Punishment of Offenders Act, LASPO. chaired by an eminent adolescent psychiatrist produced This removed legal aid from the majority of social admirably clear minimum rules that were accepted welfare law advice and, since its implementation exactly and published by the previous Secretary of State. 15 months ago tomorrow, the results, frankly, have Presumably they are not tough enough for Mr Grayling. been devastating—as the Ministry of Justice’s own I could go on but I will reserve my fire for Committee. recently published Legal Aid Statistics in England and Before that I would like to make an appeal to the Wales 2013-2014 show in painful detail. Secretary of State through the Minister. Bearing in It is ironic in the extreme today that, looking back, mind that, thanks to the welcome reduction in numbers, the underlying message from government Ministers largely achieved by the efforts of the Youth Justice while LASPO was being debated was that Parliament Board, the nature of the child prisoner population has should pass those provisions because there were two changed from its far wider representation into being a safeguards that would protect the poor claimant. One toxic mix of the most violent, troubled and damaged. was exceptional cases funding. Noble Lords know That change gives him a perfectly valid reason for now that that is a farce. Of 1,320 non-inquest applications dropping his proposal and putting it into the aspirational for exceptional funding last year, how many were basket. All would not be lost because he could then granted? Sixteen—not one in the field of welfare task the newly appointed director of young offenders, benefit; not one in the field of housing. Those if paragraph 20 of the Government’s response to the statistics come from the document to which I referred consultation is to be believed, to conduct a deliberate a moment ago. 1611 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1612

The other safeguard, we were regularly told, was “The relationship between the judicial review and legal aid judicial review, which was safe in the Government’s proposals is important because it goes to the right of access to hands. Even if there was no legal aid funding any justice, which is a key element of the rule of law and which is acknowledged both at common law, as a constitutional right, and more for benefit, debt or employment advice, there by the European Convention on Human Rights. It is well-recognised was always judicial review available to all when appropriate that the right of access to justice is capable of being curtailed or and when needed. This House voted down Part 1 infringed not only directly, but also by placing recourse to litigation many times. It did not like what the Government were beyond individuals’ financial means. It is equally axiomatic that doing but eventually it allowed the Government their whatever other valuable mechanisms may exist for protecting the way. Is it too fanciful to think that one of the reasons rights and interests of individuals, it is independent courts of law, in a democracy founded upon the rule of law, that stand as the it did this was because of the promise of Ministers ultimate guarantors of basic legal rights”. relating to judicial review? As for judicial review itself, it is worth quoting the As the right reverend Prelate the Bishop of Oxford noble and learned Lord, Lord Neuberger, President of said, eight days after Royal Assent the first judicial the Supreme Court. In his 2013 Justice annual lecture, review consultation was announced. Of course, LASPO he said on that occasion: regulations have been debated in your Lordships’ House over the months. The Government were defeated on “The courts have no more important function than that of protecting citizens from the abuses and excesses of the executive— one but did absolutely nothing about it. Of course, the central government, local government, or other public bodies”. inevitable attack on judicial review has begun and is He went on: now well under way. “While the Government is entitled to look at the way that”, The Lord Chancellor’s accusation that judicial reviews are the preserve of left-wing pressure groups, and judicial review, other such nonsense, has set the background for the “is operating and to propose improvements, we must look at any scene. Then came the Civil Legal Aid (Remuneration) proposed changes with particular care, because of the importance of maintaining JR, and also bearing in mind that the proposed (Amendment) (No. 3) Regulations 2014, which by changes come from the very body which is at the receiving end negative resolution, unbelievably, radically altered the of JR”. long-standing principle by saying that unless permission Frankly, there is no serious commentator who supports is given, legal aid practitioners will not be paid—unless the Government’s proposals for judicial review. Judicial of course the legal aid authority agreed, which was review is a part of our law well worth defending and it not likely to happen. falls on this House to do so. With this one move, as was strongly argued in this House by Peers from across the Chamber on 7 May 8.22 pm last in debating the regret Motion of the noble Lord, Lord Pannick, the Government have just changed the Baroness Stern (CB): My Lords, I shall concentrate nature of judicial review. It will without doubt mean my remarks on the proposal for the establishment of that some claimants, often poor and sometimes disabled, secure colleges. Before that, I turn briefly to the excellent who have a good claim will not be able to find a lawyer comments made by the noble and learned Lord, Lord to represent them. As the Joint Committee on Human Lloyd of Berwick, who deserves huge admiration—he Rights put it, certainly gets that from me—for his determined pursuit “the uncertainty and financial risk for legal aid practitioners of the issue of life-sentence prisoners and the overuse would affect both the number of practitioners willing to carry out of that sentence. He suggested that I might have some public law work and the kinds of cases they would be willing to figures about the use of life sentences in England and take on in future”. Wales, compared with other European countries. I Our own House of Lords Secondary Legislation Scrutiny would not wish to let him down, so here are the Committee was critical, not least of the level of figures. Per 100,000 of the general population in 2012, uncertainty. the Netherlands had 0.18 life-sentence prisoners, France That brings us to Part 4 of the Bill. The proposals had 0.77, Sweden had 1.63 and Germany had 3.05. in Part 4 cannot just be viewed in isolation; they are England and Wales had 13.57 without indeterminate part of a process that began when this Government sentences; with indeterminate sentences, they had 24.31. came to office and will reach its nadir when the As I recollect, the noble and learned Lord and I have appalling residence test regulations are debated shortly said in past debates that there is a peculiar addiction in both Houses. Why have the Government done this? to indeterminate sentencing in England and Wales, It was not in the manifestos, nor was it part of the and that seems to be continuing. coalition agreement, that our system of civil justice I now move on to secure colleges. I begin by putting should be dismantled so that instead of remaining a this proposal in the context of youth justice policy. gem in our legal crown, it is something which we may For many years, policy on children and young people soon become ashamed of. in trouble for whom loss of liberty has been deemed to Many noble Lords have linked the judicial review be appropriate has been marked by a range of experiments. proposals in this Bill with the earlier legal aid proposals: These experiments, introduced by enthusiastic government my noble friend Lord Beecham did so in his excellent Ministers of all parties, have an aura of “Now at last speech, as did the noble and learned Lord, Lord we’ve found the answer”. The treatment of adults in Woolf, the noble Baroness, Lady Campbell of Surbiton, prison has barely changed in essence for a century, but the right reverend Prelate and the noble Lord, Lord the treatment of young people changes according to Low. They all linked judicial proposals with earlier enthusiasms that can be very seductive at the time. legal aid proposals, as did the Bingham Centre in a It may be that this happens because there is a strong very telling paragraph. It said: feeling, which I share, that the number of young 1613 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1614

[BARONESS STERN] this proposal has no logic in terms of custodial places people involved in delinquency is so small, and the where they are needed and in what numbers—no logic benefits of turning them from a life of crime so great, at all. that an answer is well worth finding. It is thought that Although we spend £100,000 a year, the reason why there must be something new that would work. A seven out of 10 of those on whom the money is spent century ago, a small village in Kent called Borstal are reconvicted is that the money is not spent well became widely known because reformers had the idea enough to affect the deep-seated damage that most of of putting young people in trouble with the law into these children and young people have suffered in their an institution modelled in every way on a public young lives. The highly respected deputy children’s school. The wings were called houses, the assistant commissioner, Sue Berelowitz, told the Public Bill governors were called housemasters and there was Committee on 11 March that in all her many visits to even a matron. The regime was intended to be kindly young people in custody, she had, and reformative, with teachers, a lot of sport and good relationships between staff and prisoners. It was a “never yet met a young person … who did not come from a very troubled environment, who did not need a lot of intense support seductive idea, which sounded as though it should and who did not need help in forming relationships”.—[Official have been successful. It was not successful, and borstals Report, Commons, Criminal Justice and Courts Bill Committee, are no more. 11/3/14; col. 6.] Some noble Lords will remember the short, sharp She goes on to describe the best environment for such shock, a detention centre regime announced in 1979 young people: a small environment where good and designed to provide a firm, disciplined, semi-military relationships can be made between young people and regime. It was felt that it was a good way of helping an staff. The noble Baroness, Lady Linklater, described errant teenager turn his life around. It was seductive exactly the sort of environment that is needed by idea that sounded as though it might work, but the describing to us her marvellous school where the short, sharp shock detention centres faded away, and children have to learn that they are valuable and worth they are now a small note in history. something. I hope I have quoted her accurately. The Minister is now trying to seduce us with the This proposal takes us backwards. Thanks to the idea of secure college for 12 to 17 year-olds, starting excellent work of the Youth Justice Board in recent with a 320-bed establishment in Leicestershire where, years—I, too, warmly welcome the appointment of according to Clause 29, the governor will be called the the noble Lord, Lord McNally, and expect great things principal and the deputy governor will be called the from him—the institutions have become somewhat deputy principal. This establishment will be like a more child-centred and based on good relationships. school and will be staffed with by people with the To be particularly applauded is the reduction in the values of education rather than the values of incarceration. numbers in custody. Education is very important and a basic right. Young Before I end, there is one more matter I must raise. people should have it whether they are imprisoned or In this debate, we must get on the record the names of not. The noble Lord, Lord Carlile, is right that it is a Adam Rickwood and Gareth Myatt. At this point I very good thing if a young person in prison has must pay tribute to the noble Lord, Lord Carlile, certificates in maths around his walls. It is a pity that whose work to draw attention to the ill treatment of he will never be able to be a maths teacher because of children and young people in custody has been untiring his convictions and his record, but education is and hugely effective. Few people may now remember undoubtedly hugely beneficial. Adam Rickwood, except perhaps a few lawyers, judges, experts in the care of children and, I hope, some Will the secure college produce the results dreamed Members of your Lordships’ House. He was 14 when of? I suggest to your Lordships that it would be wise he died, having, as a judge said, not to be too easily seduced. We heard the Minister in his fine attempt to persuade the House of the merits of “the mournful distinction of being the youngest person to die”, the Bill. I admire his skill in this respect, but he must in custody in the UK. He died after he had been have suspended disbelief when he had to argue that restrained by four prison staff because he refused to each custodial place for a young offender costs £100,000 go to his room and had had administered a blow to his a year, 70% of them go on to reoffend within 12 months nose—a technique in use at the time to regain control and, therefore, we shall set up a secure college. That is by inducing pain. He hanged himself with his shoelaces a non sequitur. There is no logic whatever in proceeding from a curtain rail. The outcome of Adam’s death was from saying, “We spend a lot; when they come out the revelation that force to restrain children held in they are convicted of another offence; the answer is to secure training centres, with the addition of inflicting spend £85 million on an establishment in Leicestershire pain, was being used to get young people to obey which will, in theory, have an educational ethos”. orders contrary to the secure training centre rules. Eventually the courts ruled that using force to restrain I should add that the Minister did not say in this young people to preserve good order and discipline House, as the Lord Chancellor said in another place, was in breach of the European Convention on Human that the cost per head per year will be £60,000 and Rights. that, according to the impact assessment, the aim is to, Let me remind the House also of Gareth Myatt, a “reduce the overall cost of youth custody, focusing in particular 15 year-old boy sent to custody in 2004 for the first on driving down the cost of the most expensive provision”. time. He was small for his age—four feet and 10 inches I am very grateful to the noble Lord, Lord Ponsonby, tall, weighing six and a half stone. He was restrained for the research he presented to us, making it clear that because of a dispute over the cleaning of a toaster. 1615 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1616

Three staff restrained him using force; he said he is not sitting. There might be less call for judicial could not breathe. He became unconscious and died review if there was less call for the Government to of asphyxia. That technique used by the staff was think again or to express their thinking clearly. never used again. Following the deaths of these two Part 4 of the Bill will be dissected and analysed and children, it was some small consolation to their families will, I am sure, have many other quite rigorous things that lawyers went to court and won their cases, and the done to it—but not just by the lawyers. These are methods of restraint were changed. It helps to think, citizens’ issues, none more so than the clauses on after such an injustice, that at least this will not interveners. The NGOs have an important role and we happen to someone else’s child. will—or, I would like to say, we would—lose the I hope that the Minister has heard the contributions benefit of their intervention if the clause were to to this debate, about the use of force on children in remain in the form in which we have it now. I look detention and the need for stringent restrictions on its forward to the modifications that the Minister trailed use. I look forward to making the Bill better in Committee. at the start of this afternoon’s debate. There has been reference, too, to the Lord Chancellor’s 8.35 pm powers. I can see that there may be a need to allow for tweaking if practice shows that something is not quite Baroness Hamwee (LD): My Lords, that was a workable, but whether a matter is, for instance, of powerful and salutary speech to have to follow. general public importance seems to me to come close At the Second Reading of the Serious Crime Bill, I to being a political judgment. confess that I was at a loss as to how to speak without With regard to care workers, the clauses on which asking apparently innocent questions as a painful way were covered my noble friend Lady Barker, I am of masking criticism. That Bill is causing me relatively generally sceptical of the creation of new offences little anxiety. Today, winding from the Liberal Democrat when there are others that would cover the matter, but Benches, I am at a loss as to how to cover even a small clearly this has been the subject of very considerable portion of the questions and to do justice to the large and careful attention. I congratulate my colleagues number of briefings we have all received which display who ensured that the Bill deals with abuse or “wilful”— considerable anxiety. Many of their points have been which I take to include reckless on the basis of discussions raised today. It is clear to me that your Lordships will on another Bill—neglect by care workers, and I would do them justice during the passage of the Bill. put “care” in quotation marks in this context. We are Like others, many of my concerns are about the all aware of the scandals that have come to light, risk of losing focus on rehabilitation, and of reversing though not before much suffering on the part of those progress that has been made in that area. There is also who are dependent on others for their care. I am not the issue of resources; that, of course, is not a novel wholly clear whether issues of whistleblowing, inspection point. There is also the evident unwillingness manifest powers and management are all adequately dealt with in the Bill to trust the judiciary. Reducing judicial elsewhere. However reprehensible the actions of an discretion puzzles me. If we want to make the punishment individual worker, it is unlikely that there is not a fit the crime, who is better to do so than the person management issue as well. who has heard all the details? I am also concerned Like other noble Lords, I was intrigued by the about how much of the Bill is there to send messages. provisions on “fundamental dishonesty”. I hoped that We are all aware that this becomes more strident as the Minister might have given us a demonstration of one gets closer to an election. I hope and believe that FE Smith’s cross-examination of the claimant, who this House will consider that the most important thing was asked, “How far can you raise your arm?”, and is producing legislation where legislation is needed— then, “How far could you raise it before the accident?”— legislation which works. and the witness showed the court. Like the noble The House is not short of experts on judicial review Lord, Lord Hunt, I am troubled about the standard of and its operation, including the Minister. It is common proof and whether the court can still make an award, ground that there has been a proliferation of applications albeit a reduced one. How does this fit with the for judicial review; I was interested to see that the context of contributory negligence and of utmost number has remained quite steady when immigration good faith in insurance matters? Indeed, what are the judicial reviews are disregarded. If that proliferation is views of the insurers? Not everything is black and a problem, then it seems to me that the analysis of the white, which of course is why leaving a lot to the problem should start not with the procedures but with judiciary has a lot to commend it because they see all why proceedings are thought necessary. I certainly do the shades of grey. not want to challenge the tremendously valuable tutorials Judicial discretion, I would have thought, should be to which we have been treated this afternoon, but one at the heart of dealing with knife crime. The opposition of the purposes of judicial review is often to achieve of my party to the knife crime provision has been transparency and clarity in executive decision-making, made very clear for this reason and for the following as well as establishing whether there has been an error reasons: whether the threat of imprisonment is effective—a by the Government or the body in question. matter that has also been the subject of debate—especially I was in a debate last week on financial support for when a knife is carried for protection; the likelihood of asylum seekers, a matter on which the court recently knives being passed on to young people, sweeping found the Home Secretary’s rationale for decision-making them into the centre of gang violence; the use of was inadequate. I said, and repeat, that I am sorry that alternative weapons; the impact on stop and searches the announcement of the Home Secretary’s review and the choice of whom to stop and search; and the following that decision will be made when Parliament sheer cost. 1617 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1618

[BARONESS HAMWEE] 8.47 pm As regards secure colleges and education, the demarcation point for the proposed mandatory sentence Lord Hart of Chilton (Lab): My Lords, for some is the age of 16. Teenage boys up to the age of 18—I inexplicable reason my name was omitted from the list should say children because my noble friend Lady of speakers for this afternoon. However, instead of Linklater always reminds us that they are children—will, commencing judicial proceedings for a review against or again would, be affected, and this is the cohort the list-maker, I have accepted an invitation to speak most affected by the new secure colleges. I share the in the gap, against an assurance that the Government Government’s aim—of course, who could not?—of Front Bench will not harass me if I stray slightly over putting education at the heart of youth custody and, four minutes. or maybe but, I share the huge concern of so many I must disclose three interests. First, before I became who work in the field that large institutions whose a special adviser to two Labour Lord Chancellors, I students, residents, inmates, or whatever we are going was a solicitor in practice, specialising in planning to call them, will mostly be 15 to 17 year-old males and property law. Accordingly, I carried out a very with all the safeguarding and other risks that this large number of judicial reviews on behalf of both raises. claimants and interveners. Secondly, I have personally We have had detailed and to me very persuasive been involved in judicial review proceedings in local critiques, many of which point us to the risks to planning matters in Suffolk, the first of which we won rehabilitation of the young people involved. My noble and in the second of which nine grounds have been friend Lady Brinton, who wanted to be here this found to be arguable and the case will be heard next evening but was unable to, has reminded me that month. I do not expect the Minister to wish me well, learning in offender institutions tends to focus on but I thought that I had better disclose that fact. basic skills—although we are all well aware of literacy Thirdly, until lately I was a member of the Select and numeracy issues—without any vocational context. Committee on the Constitution. Because of their frequent moves, young offenders do Each year the current Lord Chancellor comes before not finish courses and the new institution does not the Select Committee on the Constitution for a discussion receive a proper assessment of where they are on their of current events. On 26 March, that was Mr Grayling, course. Some seem to do the same course over and and one of the topics that we discussed was judicial over again. review. The first question he was asked was: what was Improving vocational skills levels is a key marker to the problem that Part 4 of this Bill was designed to reducing reoffending. One secure college will not change solve? He reprised his Daily Mail online article, talking the culture of learning, or not learning, in custody about hundreds of cases becoming thousands and when children are coming and going at different stages very naughty left-wing campaigners seizing control of and often far from home. The Prison Minister’s view the system for their own benefit. We asked him to was that, reveal the hard data to support his allegations and he could not do so, but he repeated the number of anecdotal “as with free schools it will be for education providers to determine how best the educational engagement and attainment of young examples that he had trotted out in the Daily Mail, people in a secure college can be raised”.—[Official Report, with one or two additions. However, the data does Commons, Criminal Justice and Courts Bill Committee, 20/3/14; exist, and it shows that the very high rise in numbers col. 291.] was down to asylum and immigration cases. The increase That does not fill me with confidence that the complexities in those cases dwarfed the number of civil cases, which have been addressed. showed only a small percentage increase. As to the serial misuse of judicial review, personally I have never Then, of course, in the past few days we have heard observed such a thing. I was interested to see that the that lights will be turned out at 10.30 pm, which does senior judiciary said the same thing in their consultation not seem to be a sophisticated, delicate, case-by-case response. solution. I am surprised that the noble Baroness, Lady Stern, resisted mentioning that in her explanation The permission stage in judicial review is an essential of how we came to have borstals based on public step in the process, whose object, according to the schools. White Book, is to filter out cases that are “hopeless, frivolous or vexatious”. The small increase in the Finally, I was glad to hear raised by two speakers number of civil cases to which I referred may well be the needs and interests of children whose parent is in explained by the proper operation of the filtering prison. No doubt, some of them will also be clients of process. However, even if one case goes through on an the youth offender system. arguable basis, the substantial hearing often puts that Inevitably—or at least it is inevitable to me, at any matter right. In my experience, practitioners are well rate—a Second Reading speech wants to look at what aware that hopeless cases without merit will be stopped might be changed. In my case, I am afraid that it at the permission stage, and it would of course be means that I present criticisms in a rather concentrated foolish to advise clients to incur wasted costs embarking form. Other provisions of the Bill will dilute the upon misconceived litigation. Mr Grayling was asked criticisms and, no doubt, the explanations in discussions whether he had any estimate of the reduction in the to come will dilute them further. But what bears number of judicial review applications when his reforms repeating is that what is best for society’s victims and are—if they are—brought about. He had none. offenders is to stop crimes happening in the first Accordingly, I have concluded—as have many others, place—and the best way in which to reduce crime including the Joint Committee on Human Rights—that levels is rehabilitation. the case for these reforms has not been made. 1619 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1620

My second point concerns Clause 64 of the Bill—the others. There are elements of the Bill we support, “highly likely” test. In judicial review, the fundamental parts of it we think need improvement and parts of it role of the court is to perform a supervisory, not an we oppose. We support attempts properly to punish appellate, jurisdiction. Until now the courts have resisted offenders. We also support keeping the public safe substituting their own view of the merits of the decision- from the most serious and violent offenders and the maker charged by law to make the decision. The court provision of open and transparent justice. However, is concerned only to see whether the decision-maker we do not support the watering down of the important has contravened the law by acting in excess of the constitutional tool of judicial review or the Government’s powers confirmed upon them. The new concept of plans for a secure college. “highly likely” is novel and may well fundamentally The first part of the Bill concerning criminal justice alter the position. It seems to me that this new concept matters has provisions we are content to support to inevitably will involve judges departing from their keep the public safe. The scheme for extended determinate traditional role; they will now have to speculate on sentences for additional terrorist offences is such a what decision would have been made absent the defect provision. However, we have concerns about these complained of. Furthermore, the “highly likely” test is additions and the changes to the release arrangements to be examined at the preliminary permission stage, for people convicted of serious sexual and violent which is usually a paper-only exercise, done quickly offences that are highlighted in the Government’s own and without lawyers present. As we have heard this impact assessment, which states that the sentencing afternoon, the judiciary fear that the new test will lead changes will require 1,050 additional prison places, to a lengthy dress rehearsal hearing, with the service of and will increase the workload of the Parole Board evidence and oral argument by lawyers. Time taken with an additional 1,100 hearings per year. Our worry and costs incurred will inevitably increase. Accordingly, is that the Government are not putting the measures in this new provision, far from improving the law, makes place to deliver the changes they want to see. These matters far worse and seems to me to be designed to matters will require debate and probing during the obstruct the pursuit of judicial review. It should be Committee stage of the Bill to satisfy your Lordships’ completely rejected. House that the Government have their sums and thinking The third point concerns changes to the rules on right. costs. Because of time I do not intend to say anything The Joint Committee on Human Rights made some about that, except that there will be many amendments key observations when looking at the provisions regarding and I will support them. Matters should be left to the the release and recall of prisoners in Clauses 6 to 13. court, which is the current position, where the judges The committee was right to be unconvinced that the have discretion as to the nature, extent and cost of any introduction of powers by the negative resolution intervention. procedure to enable offenders to be electronically tracked I conclude by opposing these proposals. Like the was adequate, and to recommend that the Bill should noble and learned Lord, Lord Woolf, I would like be amended to make the code subject to some form of Part 4 to be taken away completely. The proposals are parliamentary procedure to ensure that Parliament based on inadequate evidence; they undermine citizens’ has the opportunity to scrutinise the adequacy of the rights to fight the abuse and misuse of power; and it is relevant safeguards. quite wrong to immunise the Government and other public authorities from effective legal challenge. Judicial Clause 14 regarding the mandatory drug testing of review is often a key source of guidance for improving prisoners and the creation of a power for the Secretary policy development and decision-making in the public of State to specify in secondary legislation drugs that service. These proposals do not bring about any are not controlled under the Misuse of Drugs Act improvement and they certainly do not serve the public 1971, for which prisoners can be tested, is a sensible interest. It is quite the opposite: they undermine it. move and should help to deal with drug misuse in prisons. Clauses 15 and 16 make changes in respect of the 8.54 pm use of cautions and stop their use for all indictable-only Lord Kennedy of Southwark (Lab): My Lords, on offences and certain specified either-way offences. Will looking at the Bill for the first time, I think that many the noble Lord, Lord Faulks, tell the House in his Members of your Lordships’ House will have been response why the Government think that the negative struck by the wide variety of issues it seeks to cover, resolution procedure is acceptable in respect of the not all of which seem to hang together very well. As specification of the either-way offences, as I am more my noble friend Lord Bach said, it is a bit of a of the view that this should be done by the affirmative Christmas tree Bill, on which many baubles have been resolution procedure to give Parliament the opportunity hung, all of different shapes and sizes—and more and to scrutinise further what is being proposed? more keep getting hung on it. Generally, the Bill I think that we have all been horrified at reports of appears to the Opposition to be a rushed piece of the ill treatment, abuse and wilful neglect of vulnerable legislation, and rushed legislation usually means bad people who have been entrusted to the care of others. legislation. It will require considerable improvement With the provisions listed in Clauses 17 to 22, the in your Lordships’ House. Government seek to close the loophole that Professor I am in complete agreement with the contributions Don Berwick identified in his review of the events that made by a number of noble Lords in today’s debate, took place at the Mid Staffordshire NHS Foundation including particularly those of my noble friends Lord Trust, but they were added late during the passage of Beecham, Lady Thornton and Lord Ponsonby and the Bill through the Commons and will require 1621 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1622

[LORD KENNEDY OF SOUTHWARK] scrutiny. The Minister is right to say that we need to be considerable probing and testing. I find it odd that better at rehabilitating young people, but I am not these proposals do not extend to volunteers. This, I convinced by what I have heard from him so far today. believe, is a serious omission. You have only to look at We on these Benches are not convinced that housing the activities and offences committed by Jimmy Savile, 300 children together on one site—potentially miles while he was acting as a volunteer at a number of away from their family, making visiting difficult and NHS and other establishments, to be concerned that expensive—is a good way to provide a proper education these proposals are in themselves inadequate and do and reduce their propensity to reoffend. not go far enough. I hope that your Lordships will We share the concerns expressed by a number of amend the Bill accordingly so that what is agreed will organisations, including the Howard League for Penal give the maximum protection to vulnerable people in Reform and others. The Government will have to the care of others, be they employees or volunteers. provide much more information and set out their The murder of a police or prison officer is one of proposals more clearly. Issues such as the use of restraint, the gravest offences that can be committed and the concerns about the effects on younger children and the whole-life tariff in Clause 24 sends a powerful message problems that girls will confront in this establishment of how much we value these public servants and place in particular will need thorough examination. I agreed the highest value on their safety. The noble Lord, Lord with all the comments of the noble Baroness, Lady Blair, made a powerful point when he talked about the Linklater of Butterstone, about secure colleges, and role of the courts in handing down sentences for the those of the noble Lord, Lord Carlile. murder of police or prison officers, and said that Harry Roberts is serving the 48th year of his prison Moving on, while the section of the Bill on courts term for murdering police officers. and tribunals can be seen as administrative and time-saving measures, we on these Benches have some concerns I am sure that we will return to the issue of possessing about the single-magistrate hearings and weakening a bladed weapon in public or on school premises. We the principle of justice being seen to be done, and how supported the amendment in the Commons, with Back- the system will operate. I look forward to discussing in Bench Conservative MPs, and we will support it in this Committee these further proposals and the ideas from House as well. It sends out a strong signal that carrying the Magistrates Association that my noble friend Lord a bladed weapon is serious and has serious consequences Ponsonby referred to. No matter how well intentioned, if you are caught for a second offence. The noble we have to ensure that we get these right. I am also Lord, Lord Marks of Henley-on-Thames, was right worried about the proposal for trying to get money when he expressed concern about the reduction of out of penniless defendants. As my noble friend Lord judicial discretion, but I would point out that the Ponsonby said, I have sat as a magistrate for many proposals we supported for possessing bladed weapons years. I used to sit on the Coventry Bench when I lived in public places or school premises do have judicial in the city and I can tell your Lordships that imposing discretion—unlike the proposals that the Liberal fines and court costs that individuals have no hope of Democrats supported in the LASPO Act for the carrying ever paying off is a complete waste of time and could of a knife, which are mandatory. actually be damaging. The proposals for dealing with offences committed I am fully in support of people convicted of offences by disqualified drivers are well intentioned, but their having to pay compensation to victims, fines and court adoption, as they stand, would be quite confusing. costs, but it must be left to the discretion of the courts The law at present is inadequate and needs improving. to decide what is reasonable and what is not. We have Perhaps the noble Lord, Lord Faulks, can explain how no objection in principle to leapfrog appeals, though it these proposals will fit in with a review of the road does always follow that every issue of national importance traffic sentencing framework that the Government are will go straight to the Supreme Court and it may be committed to carrying out in the next few months, that in some cases, that will not be the best thing to do. because if there is a review, there could possibly be I always thought that the case brought by Lewisham changes. Will those changes require primary or secondary Council and others—and I declare that I am a member legislation? of Lewisham Council—about the decision of the NHS The clause in the Bill concerning malicious to close the A&E at Lewisham Hospital, would end up communications has the support of the Opposition. in the Supreme Court. In the end, having lost in the As technology becomes ever more sophisticated and High Court and the Court of Appeal, the Government can be used to threaten people with offensive and decided to draw a line there and instead changed the distressing material, we agree that the courts should law to stop other organisations doing what Lewisham have tough powers at their disposal to deal with offenders. Council did. My noble friend Lady Thornton made a powerful We generally welcome the proposals to update the argument about what needs to happen in the case of jury room process. However, we want to press the extreme pornography and the proposals from the Government on what support they intend to give Government need amendment and revision. I hope juries, so they can clearly understand their role and that the meeting between my noble friend and the what they can and cannot do. Social media have a vast Minister will go some way in that respect. penetration and that will only increase. People can be My noble friends Lord Beecham and Lord Ponsonby, active on a number of platforms numerous times a and the noble Lord, Lord Ramsbotham, highlighted day. They may have no idea that they are doing our concerns about the proposals on secure colleges. something wrong and that could be a very serious These proposals in particular need proper pre-legislative offence. 1623 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1624

I have been on a jury only once, and that was about Reading debate has given an indication of the level of 30 years ago. I do not recall being told very much at scrutiny that your Lordships’ House can anticipate all, but there were no mobile phones, e-mail or internet. where all these provisions are concerned. The noble Lord, Lord Faulks, and many other noble It has been a full debate and I will have an opportunity Lords will be much more aware than I am of what is to read carefully all the contributions that have been said to juries today. I would hope at a minimum that made—as indeed will the Secretary of State. I hope they can be given clear “dos and don’ts” in writing and that noble Lords will forgive me if I do not respond to a proper briefing from a court official before they every single point that was made, time being what it is. enter the courtroom—followed up, if necessary, by the If I single out some points, I hope those whose points judge at the start of the trial telling them what and are excluded will not feel that they have gone unrecognised what is not appropriate. We have no objection to or that they will not be appropriately responded to in raising the age for jury service to 75, and in fact this due course. It has been an intensely serious debate, could be a very positive move. The only thing that I although references to Philip Larkin, John McEnroe would say is that some account may need to be taken and Walter Matthau provided slight light relief during of health issues. its course. Unfortunately, few noble Lords were as The section that deals with judicial review contains brief or as accommodating as my noble friend Lord some of the most controversial parts of the Bill and Black. we have serious concerns about these proposals. My I can, however, begin with what I hope will be one noble friend Lord Beecham, the noble Lord, Lord or two reassuring propositions. First, there was a Pannick, and the noble and learned Lords, Lord Brown suggestion that there might need to be an amendment of Eaton-under-Heywood and Lord Woolf, all skilfully to deal with what has been described as “revenge highlighted the concerns of many noble Lords in this porn”, referred to by the noble Lord, Lord Marks, and House. For the Justice Secretary to describe judicial my noble friend Lady Barker. There seems to be a review as a promotional tool for countless left-wing great deal in that, and I am happy to meet them and campaigns is a disgrace. The noble Lord, Lord Pannick, consider any suggestions to include it in the Bill. repeated the full quote. I accept fully that for the I said in opening that I would also consider Government, local authorities or other public bodies amendments to satisfy, I hope, some of the concerns it can be irritating to have their decision challenged—but about the role of interveners in judicial review proceedings. without such provisions, bad decisions can go I do not want to give the House the impression that I unchallenged, and that is bad for all of us, for democracy am thereby, as it were, handing over a blank cheque, and for civil society. but I am anxious, if possible, to accommodate some of The noble Baroness, Lady Campbell of Surbiton, the concerns of many noble Lords in this area. made key points when she talked about the use of The noble Lords, Lord Blair and Lord Low, referred judicial review, as did my noble friend Lord Bach. It is to a campaign, if I can call it that, from Families Left about holding people to account, and without a Behind and the suggestion that there should be some written constitution, judicial review is the one important statutory duty imposed on the sentencing tribunal to tool for holding the Executive to account. Over the take into account the effect of the sentence on those past four years, we have seen cuts to legal aid, who may be left behind when somebody is deprived of limitations on no-win no-fee cases, and threats to the their liberty. In my limited experience as a judge, this, Human Rights Act and the European Convention. and the consequences thereof, will first of all be considered The proposals here are another attack on the rights of by a judge in sentencing. The probation service will be the citizen. aware of the consequences and local authorities have The noble Lords, Lord Faulks and Lord Hunt of their own duties that will usually be triggered by the Wirral, both referred to the activities of some claims information that is available in court. Noble Lords management companies. I have spoken many times in may be right that some slip through the net. I will this House about the industry and the problems it can certainly consider any suggestions along the lines that sometimes cause. I am happy to pay tribute also to have been described. Kevin Rousell and his claims management team, which On the question of the meaning of the words “et does a fantastic job. I should be delighted to put my cetera”, raised by my noble friend Lady Barker in the name to some more amendments that can give him context of malicious communications, I think it is and his team even more power to deal with the problems defined in the Malicious Communications Act 1988. of this industry. It deals with all the various communications one As I said at the outset, this is a rushed and bad Bill, would expect it to cover in the light of modern media. and we on these Benches will seek to work with others The noble and learned Lord, Lord Lloyd, raised, as across the House to try to persuade and, if necessary, he has done many times before, the question of IPP defeat the Government in the Division Lobbies if they prisoners and their plight. I look forward to debating will not listen to reasonable argument. I will draw my any amendments in that respect in more detail. I remarks to a close and I am sure that we will return to responded to a debate on 27 March this year—in some these matters in Committee. detail, I hope—but I fear I will not be able to satisfy him today. There are no current plans by the Secretary of State to exercise the power to amend the Parole 9.07 pm Board’s release test for prisoners serving such sentences. Lord Faulks: My Lords, I said in opening that I I noted that the party opposite was silent on IPP anticipated that the Bill would receive scrutiny of the prisoners. I am still not quite sure what its position is, highest order by your Lordships, and this Second and whether it opposes the very fact that the sentencing 1625 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1626

[LORD FAULKS] concerns about the range of legislation that may apply power was repealed as a result of the intervention of in neglect cases and I accept that there may be a degree the former Lord Chancellor. I fear that I cannot help of overlap. However, where that occurs, it is for the the noble and learned Lord for the moment, but I police and the CPS to determine the most appropriate hope he will acknowledge—if not overtly, then tacitly—the offence to pursue. The CPS regularly provides guidance fact that Ministry of Justice officials have been in this respect. We think that it is far better to close any endeavouring hard to help him by providing details for gap in working practice to arrive at the best solution the purposes of preparing this speech, and, indeed, than to retain even the possibility of any lacunae in any further interventions. the law. I was not aware that I had the pleasure of a meeting My noble friend Lady Barker had a specific query forthcoming with the noble Baroness, Lady Thornton, in relation to Section 44 of the Mental Capacity Act. to describe better the definition of rape on the internet. If I may, I will consider the point that she raised and I look forward to that. I am sure that the Government, write to her. the Opposition and all noble Lords have similar intentions I come to the area of perhaps the most difficulty—the where this is concerned. We welcome any advice on question of secure colleges. The noble Baroness, Lady trying better to define what the evil is that we all aim Stern, said in her excellent and informative speech that to stem. it was one thing to point out the number and cost of I respectfully endorse what the noble and learned young offenders who were currently accommodated in Lord, Lord Brown, said about personal injury claims various institutions and who reoffended but another and the evil that the Government are trying to eliminate. to move to the proposition that secure colleges were Frankly, we do not think that a judge will have any the answer. I hope that I do not mischaracterise what difficulty recognising fundamental dishonesty. We are she said. Equally, one could turn that round and say talking not about a schedule that contains some slight that those bare facts simply do not justify the status exaggerations or minor inaccuracies, but about quo. The status quo is not, we suggest, an appropriate fundamental dishonesty. If we ask a jury to decide a response to this dreadful cycle of reoffending. We question of what is dishonest or not, surely we can suggest that secure colleges, with their emphasis on entrust a judge to decide whether, in appropriate cases, education, are a solution. Of course, no one can there is fundamental dishonesty. The Government are guarantee the success of any solution to this recurring appalled by the explosion of litigation in claims that problem but we hope that this one will provide a real involve, frankly, lying and fraud. Whether through the concentration of education, which most of these young Claims Management Regulator or through this particular people have never had before. clause, I am sure that we share with all noble Lords the A number of anxieties were expressed in very firm desire to reduce, and, if possible, eliminate it. terms about secure colleges: the question of different The redefinition in statutory terms of misconduct ages and different genders, and the possibility that in public office was broadly welcomed, although not secure colleges will be remote geographically. I will be by the noble Lord, Lord Blair. There are some areas hosting an open session for interested Peers to share where it may not possibly apply. We do not think that our initial designs for the pathfinder secure college. As police officers should be singled out, but on the other I mentioned in my opening speech, we will consult on our hand they are in a position where they serve the public approach to the secure college rules ahead of Report. in a very high-profile context. We cannot avoid the I was asked whether it was our intention to replace fact that there have been instances of police corruption. all secure youth accommodation with secure colleges. The Government consider that putting a clear offence Our long-term vision is for a network of secure colleges on the statute book is not to persecute the police or to across England and Wales. That transformation cannot single them out as opposed to other public employees happen overnight, and we are committed to improving but to make clear the nature of the offence and, in existing provision for young people in custody. appropriate circumstances, to provide the basis for a I very much hope that as a result of no doubt prosecution. probing amendments and further information, which A number of noble Lords asked about the Parole I shall be happy to provide, your Lordships’ House Board and about the impact on its workload of the will share the Government’s vision of secure colleges provision in Part 1. The provisions that will have the to deliver high-quality and broad-ranging facilities greatest impact on the Parole Board are the new that can meet the diverse needs—often special needs, I discretionary release arrangements for extended accept—of young people in detention. It requires determinate sentences and certain child sex and terrorism something that simply cannot be achieved in a small offences. However, it will be quite some time before local facility—desirable though such facilities are, as the first of these cases starts to filter through the was well described by my noble friend. board and we have taken account of that. We are working with the Parole Board to assess the impact of Lord Ponsonby of Shulbrede: Before the noble Lord the Osborn judgment. Additional in-year funding has leaves the point about the network of secure colleges, been provided to the board, as well as an increased does it follow that there would be three secure colleges budget allocation for 2014 and 2015. to deal with the whole of England and Wales? There The offence of wilful neglect was mentioned by, would be around 300 children in each college, making among others, my noble friends Lord Hunt and Lady about 1,000 altogether? The noble Lord said that a few Barker. The House is well aware of the background to secure children’s homes would be retained. Does it this offence and why it was considered necessary to therefore follow that there are to be three secure colleges make it part of the statute book. I listened carefully to for the whole of England and Wales? 1627 Criminal Justice and Courts Bill[30 JUNE 2014] Criminal Justice and Courts Bill 1628

Lord Faulks: I understand the noble Lord’s mathematics that one would expect on a series of provisions of this and on the current numbers there would be a logic sort. I hope that noble Lords will forgive me if I keep behind them, but this is a pathfinder college and as my remarks short and respond in detail to the many such we are not committed to going further. However, amendments that I expect to receive on these matters it may well be that we will be moving in that direction. in due course. If your Lordships’ House or Parliament does not It was suggested that there had not been much share our vision for secure colleges, the construction growth in judicial review as most of them were either of the next generation of facilities will have to take immigration or asylum judicial reviews. I would like to place within the existing framework for young offender set out to the House that, as is shown in the published institutions in secure training centres. But we believe national statistics, the number of civil judicial reviews, that a fresh approach and a new framework will not including immigration and asylum claims, increased provide a better way of ensuring that our planned new by 27% between 2000 and 2013, albeit that we accept institutions educate and rehabilitate more effectively that such claims continue to represent a small proportion than the existing ones. of the total number of claims. However, the Government A great deal of anxiety has been expressed about continue to believe that there are fundamental issues the rules, in particular the use of force. In answer to with how judicial reviews are brought that require my noble friend Lord Carlile, private providers will proportionate reform. Although I know there was not be able to make up their own rules on the use of little support for these changes, I think it was accepted force, and it is not true that they will be able to do so. that from time to time this area of law can need Rules on the use of force will be clearly set out in the examination, re-examination and amendment. I said secure college rules and we have committed to consult in opening and I repeat now that it is no part of the not just on the rules but on the content of the rules. Government’s approach to this that judicial review is not a vital part of the checks on administrative action, whether on central or local government or other arms Lord Beecham: Can the noble Lord confirm that of the state. We are concerned by these various provisions the rules will be subject to parliamentary approval? to restrict the costs of obtaining judicial review and to ensure that interveners’ participation in reviews is at Lord Faulks: They will be part of the consultation least more circumscribed than it is at the moment. I in the course of amendment but not specifically subject accept that interveners can provide valuable assistance to parliamentary approval as such. I say that subject in judicial reviews having—I declare an interest—taken to correction, but I think that that is the position. My part by representing one of the parties and on more noble friend Lady Berridge asked about reporting than one occasion acting for an intervener. However, restrictions and made an important point about the there has been a proliferation of interventions. If one youth court. I can confirm that the Government are looks at reported cases now, almost any case at Appeal looking carefully at that particular issue. Court level appears to attract a considerable level of intervention and some of it is duplicated. It often The question of juror research was raised by noble takes the form of very lengthy skeleton arguments and Lord, Lord Blair, and the noble and learned Lord, many volumes of authorities. Although judges do Lord Brown of Eaton-under-Heywood. I have some their best to make economic use of the available sympathy with the point about the need for greater material, all parties involved in the case are thereby understanding of what is or is not permitted in terms put to the expense of having to deal with the magnitude of research into juries. I cannot commit the resources of the contributions made by interveners. of the Ministry of Justice to provide the information being sought, but I will take this back and try to While I do not reject the proposition that interveners provide some form of clarity. Professor Cheryl Thomas can add value, we must look at the cost consequences appears to encounter no difficulty in analysing the of those who use judicial review as a form of campaign. information and I think the contrary argument is that That word was used during the course of the debate by any other information tends to be anecdotal. It does the noble Baroness, Lady Campbell of Surbiton. seem to me that simply to accept that jury trial is the Campaigning organisations have an enormous value, right answer without proper examination is not a but it should not be thought that judicial review is proper approach to this matter. I also note the comments simply a method of campaigning. Judicial review is made by the noble and learned Lord about Lord concerned with unlawful activity: it is not just another Roskill’s commission all those years ago, and I take his way of expressing the various objectives of a campaign. point about the reduction in costs. Sooner or later, Lord Beecham: Does the Minister accept that no viscerally attached though we are in this country to intervention can take place without the leave of the trial by jury, that does not obviate the need to examine court? What he is saying is surely somewhat derogatory and re-examine whether it is appropriate in all of the decision of the judges to permit interventions. circumstances. As he quite rightly said, the Defamation Act 2013 is a recent example of where trial by jury is Lord Faulks: My answer to that is that the hypothetical no longer to be available. Mr Justice Beecham on a busy list is told that there Perhaps I may conclude with some comments on might be an intervention of one sort. He may not be Part 4. To say that this part was not entirely welcomed able to anticipate the level of the intervention that is would be something of an understatement. Noble then forthcoming in terms of its size and the number Lords have made some remarkable speeches in the of others who intervene. The noble Lord scowls, but I course of the debate and it is absolutely clear that the am endeavouring to answer his question so perhaps he relevant clauses will be subject to the degree of scrutiny should not do so. Then, in due course, a hearing takes 1629 Criminal Justice and Courts Bill[LORDS] Criminal Justice and Courts Bill 1630

[LORD FAULKS] through the usual channels between the Ministry of place by which time an enormous amount of material Justice and the judiciary, rather than by going to can be provided and the scope of the case can expand. litigation, which removes the judge’s discretion? I urge This is not an evil, but it ought to be controlled. It is the Minister to think about whether this could be difficult without continuity of the judges involved in achieved in that way. this to control it in the way that it should be. Lord Faulks: I am grateful for that advice and, if I Lord Woolf: Does the Minister accept that it is very may, will perhaps respond no further at this stage. important to look at the situation again with regard to The information about financial resources is also a these matters of management after the burden of matter that will be probed in some detail, although immigration and asylum cases has been removed from time does not permit me to go into a detailed response High Court judges? They were struggling to keep on that now. I have heard the arguments that have abreast of those cases and they were deprived of the been raised, and there will no doubt be profitable time that they should now have to look after the scrutiny of those provisions. proper management of these cases. Judicial review is important but it is not a vase that would be caused to crack by simply touching it. We Lord Faulks: I absolutely understand what the noble need to look carefully at the remedy but, none the less, and learned Lord is saying about that. Such was the it is one where change should be made. volume of their work that it may have been difficult to make the decisions that having more time available I said at the outset that I could not cover everything. would have allowed them to make. I take that point. I have covered, I hope, some of the points that have As I have indicated, the Government are listening on been made and I look forward to dealing with them all the question of interveners. There is merit behind the in Committee—if, of course, your Lordships are prepared Government’s provision and we are looking for the to give this matter a Second Reading. I conclude my best way of reflecting that in any amendment that speech by asking the House to give the Bill a Second finally finds its way on to the statute book. Reading. Bill read a second time and committed to a Committee Lord Woolf: I make one further point, if the Minister of the Whole House. will be patient—I apologise for interrupting him again. Are these matters not best dealt with by discussions House adjourned at 9.32 pm. GC 191 Financial Services and Markets Act[30 JUNE 2014] Financial Services and Markets Act GC 192

in the Energy Act 2011. The Green Deal provides a Grand Committee mechanism that did not exist previously for tenants to work with landlords to improve the energy efficiency Monday, 30 June 2014. of their homes. We want to make sure that tenants do not live in cold, damp, draughty houses and still pay Financial Services and Markets Act 2000 too much for their energy. (Regulated Activities) (Green Deal) The Green Deal’s pay-as-you-save principle creates a win-win for both landlords and their tenants. Landlords (Amendment) Order 2014 will benefit from having an improved property, and Motion to Consider the electricity bill payer, who is normally the tenant, will contribute towards the cost of the improvements 3.30 pm through instalments collected via the electricity bill while also benefitting from a warmer house. Green Moved by Baroness Verma Deal repayments will appear on the tenant’s electricity bill and will be collected by their electricity supplier. That the Grand Committee do consider the Financial Services and Markets Act 2000 (Regulated The amount that can be borrowed to pay for Activities) (Green Deal) (Amendment) Order 2014. improvements using Green Deal finance is protected by the golden rule, which limits repayments to the level Relevant document: 2nd Report from the Joint of savings that a typical household can expect to make Committee on Statutory Instruments on their energy bills. The Parliamentary Under-Secretary of State, Department Tenants will only pay Green Deal instalments that of Energy and Climate Change (Baroness Verma) (Con): fall due while they are paying the bill for the property—that My Lords, I am pleased to open this debate. Since its is, while they occupy the property and are benefiting launch in spring 2013, the impact of the Green Deal from the improvements. When a tenant leaves the has been steadily growing. At the end of May, more property, the responsibility for repayments will pass to than 230,000 Green Deal assessments had taken place, the new electricity bill payer—or the landlord if the and almost 24,000 of those took place in May alone. property is not re-let. More than 800,000 energy efficiency measures had At the end of February, my department made been installed in almost 700,000 homes through ECO, important amendments to the Consumer Credit Act 1974, cashback and the Green Deal by the end of April. introduced by the Consumer Credit Act 1974 (Green That is a great achievement and I look forward to Deal) (Amendment) Order 2014. Those amendments seeing that momentum continue. clarified who was to be treated as the “debtor” and On 9 June 2014, we launched the Green Deal home “creditor” under a Green Deal plan, to help Green improvement fund. The fund will help even more Deal providers to write Green Deal plans in the rented people to install energy efficiency measures in their sector. homes by providing them with money back on the The amendments resolved two key issues. First, to contributions they have made towards their improvements. address concerns relating to the difficulty of determining People in England and Wales can now get up to £7,600 whether a particular Green Deal plan was regulated, back through this new fund so that they can take the February amendments provide that almost all control of their energy bills and have warmer, greener domestic Green Deal plans will be regulated by the homes. This includes up to £1,000 for installing two Consumer Credit Act, regardless of who is making the energy efficiency measures from an approved list, up energy efficiency improvements to the property. Tenants to £6,000 for installing solid wall insulation and up to moving into the domestic property can therefore be £100 refunded for their Green Deal assessment. reassured that they will receive the protections afforded Those who have bought a property in the 12 months by the Consumer Credit Act. Non-domestic Green prior to application can also receive up to an extra Deal plans will be regulated only if the person arranging £500 when they carry out energy efficiency improvements. the improvements is an individual, and not a business. We have already made it clear that by learning lessons That approach greatly simplified the process for Green from the Green Deal cashback scheme we will strive to Deal providers and ensured that in all appropriate improve it, so we have simplified the customer journey cases Green Deal plans would receive statutory rights even further and expanded the range of companies and protections under the Consumer Credit Act— that can participate. More than 800 companies have including, for example, where a Green Deal plan is set already registered. up by a corporate landlord during a void period. DECC is working hard to improve the energy efficiency Secondly, the amendments also ensure that landlords of the private rented sector. Action to improve the and tenants signing up to the plans will receive the energy efficiency of private rented properties is badly statutory rights and protections that they need under needed. The high proportion of inefficient properties the Consumer Credit Act at the right stage. The Green in the sector contributes to the high level of private Deal Finance Company and the landlord organisations rented-sector households in fuel poverty: an estimated have welcomed these changes. 21%, or one in five households, compared to 8.5% of I turn to the amendment that we are debating households in the owner-occupier sector. today. On 1 April 2014, responsibility for consumer We expect to consult shortly on our proposals credit regulation transferred from the Office of Fair for the implementation of new energy efficiency Trading to the Financial Conduct Authority. As a standards in the private rented sector using powers result, the consumer credit regulatory regime was also GC 193 Financial Services and Markets Act[LORDS] Banking Act 2009 Order 2014 GC 194

[BARONESS VERMA] to try to bring about a successful policy that encourages transferred to a different legislative framework—that consumers to undertake energy efficiency improvements established by the Financial Services and Markets Act under the pay-as- you-save model. It is important to 2000. To ensure that the new regulatory regime for keep it under review and there will obviously be a consumer credit remains consistent with the changes point when fundamental changes will have to be assessed that were made to the Consumer Credit Act in February, to show whether enough people are coming forward. we need to make some consequential amendments to We are concerned that if this policy is only ever the Financial Services and Markets Act 2000 (Regulated taken up in a small pocket of households it will not Activities) Order 2001, known as the RAO for short. become normalised, and there is a risk that people The RAO sets out which activities are regulated for who want to sell property with a Green Deal might the purposes of the new regime. have to take a penalty and be unable to realise the true The order that we are debating today puts these value of their house because of fear over this mechanism. important consequential changes into effect. The It is likely that that will be the case in the early days of amendments to the RAO mirror the policy approach the policy. Therefore, it is important that we have that was taken in the Consumer Credit Act. The cross-party consensus to try to ensure that we do not drafting of the RAO amendments has therefore been see a class of stranded consumers. We will come back kept in the same terms as the amendments that were to that general point in the future when we have the made to the Consumer Credit Act in February as far opportunity to discuss other technical amendments in as possible. The order clarifies who is to be treated as policy-related debates, but for now we have no problems the “borrower” and “lender” for the purposes of the with this order. Green Deal under the RAO. The definition of “borrower” follows the same approach as was introduced for Baroness Verma: My Lords, I am pleased that the the definition of “debtor” as part of our February noble Baroness welcomes the order. I absolutely agree amendments. The “lender” for the purposes of the that these policies must be kept under review. We have RAO will be the Green Deal provider, again reflecting done that, so we have been able to improve and the definition of “creditor” introduced in February. simplify the measures and mechanisms needed to go The order also explains which Green Deal plans are to out there and reach a greater number of people. I be treated as “credit agreements”, and therefore regulated accept what the noble Baroness says about wanting to under the new regulatory regime. Our amendments to normalise the Green Deal into every home where the RAO will therefore ensure that Green Deal plans improvement is needed. will continue to receive Consumer Credit Act protections in line with the policy introduced in February. I shall finish on a positive note. Assessments are going on. There were 234,050 assessments made up The order makes transitional provision to ensure until the end of May 2014, which shows that we are on that—for plans which have been entered into since an upward trajectory. We cannot be complacent. We 1 April and which, but for the amendments made by must make sure that we are reaching out to the very this order, would not have been regulated—the CCA people who need to have their homes improved. I am applies in a way which is appropriate. That balances very pleased that the noble Baroness welcomes the the Government’s desire to ensure that consumers are amendment and I commend it to the Committee. protected and receive adequate information about their credit arrangements, with the need to ensure that Motion agreed. Green Deal providers are not subjected to unfair requirements. 3.44 pm The amendments brought about by this order do not change Green Deal policy; they are important in Sitting suspended. consequence of consumer credit regulatory changes that were introduced on 1 April. They ensure that the Green Deal plans will continue in a manner that was Banking Act 2009 (Banking Group agreed by noble Lords in February. These changes will ensure that Green Deal providers will continue to have Companies) Order 2014 the clarity and confidence that they need to issue plans Motion to Consider to consumers across all sectors. I commend this order to the Committee. 3.47 pm Moved by Lord Newby Baroness Worthington (Lab): I thank the Minister for her introduction of this order and for her very That the Grand Committee do consider the Banking comprehensive explanation of what it achieves and Act 2009 (Banking Group Companies) Order 2014. why it is needed. We fully support it and have very little to say other than it is purely a technical amendment Relevant document: 2nd Report from the Joint to maintain continuity and to keep things functioning Committee on Statutory Instruments in the light of consequential amendments arising from changes to another piece of legislation. Lord Newby (LD): My Lords, I am also pleased We still hope that the Green Deal will succeed in its to introduce the Banking Act 2009 (Exclusion of intended aims. It got off to a slow start but there are Investment Firms of a Specified Description) Order now signs that it might be picking up a little. In 2014, the Banking Act 2009 (Restriction of Partial general, we are fully behind the Government’s attempts Property Transfers) (Recognised Central Counterparties) GC 195 Banking Act 2009 Order 2014[30 JUNE 2014] Banking Act 2009 Order 2014 GC 196

Order 2014 and the Banking Act 2009 (Third Party is widespread support for putting in place a resolution Compensation Arrangements for Partial Property regime for investment firms, central counterparties Transfers) (Amendment) Regulations 2014. I will refer and banking group companies. We first consulted at to the statutory instruments respectively as the banking the end of 2012 on broad policy options, and subsequently group companies order, investment firms order, partial took powers through primary legislation. Then, following property transfer order and third party compensation extensive work on regime design with firms, the regulations. Government published detailed proposals on the The financial crisis of 2007 to 2009 highlighted the secondary legislation in September last year. need for the government to resolve failing systemic The statutory instruments I am introducing today financial institutions in an orderly manner to protect take into account the feedback we received from a UK financial stability and the economy. Moreover, wide range of stakeholders during the consultation resolution should be achieved without recourse to period. These instruments put into place the necessary public funds. Since the financial crisis, a wide programme safeguards and definitions required before the special of financial sector reform has been under way at resolution regime can be extended to investment firms, domestic, European and G20 levels. The reform has central counterparties and banking group companies. focused not only on banks but on investment firms The first of these orders—the banking group and central counterparties, which also have the potential companies order—specifies conditions which must be to cause major widespread disruption to the financial met by an undertaking to be considered a “banking system. group company”for the purposes of the special resolution Since 2009 a special resolution regime has been in regime. The aim of using resolution tools in respect of place to deal with the failure of deposit-taking institutions banking group companies is to ensure that resolution such as banks and building societies. The regime gives over a failing bank in the same group as the company the UK authorities a permanent framework, providing is effective, and in particular to ensure that any intra-group tools for dealing with failing banks and building societies. service provision to the failing bank—for example, the It gives the Bank of England a key role in implementing provision of IT services—remains in place while in a resolution using the statutory resolution tools. The resolution. Subject to exceptions, the banking group Financial Services Act 2012 widens the special resolution companies which may be resolved under the special regime to include banking group companies, investment resolution powers are the subsidiary and parent companies firms and central counterparties. of a bank, investment firm or central counterparty in The powers provided for within the regime will resolution, and other subsidiaries of its parent companies. enable the Bank of England, as resolution authority, The investment firms order excludes small investment to use the following tools to deal with the failure of firms from the scope of special resolution regime investment firms and banking group companies: to and bank administration procedure. Specifically, this transfer some or all of the securities or business of a instrument narrows the scope to investment firms of a firm or its parent undertaking to a commercial purchaser; type that is required under the capital requirements and to transfer some or all of a firm or its parent directive to hold initial capital of ¤730,000. Over 2,000 undertaking to a bridge bank—that is, a company investment firms operate in the UK, of which 250 have owned and controlled by the Bank of England. capital above that threshold. The activities those firms The powers provided for within the regime will are permitted to undertake, such as trading on their enable the Bank of England, as resolution authority, own account and underwriting financial instruments, to use the following tools to deal with the failure of taken together with the value of assets held on their central counterparties: to transfer some or all of a balance sheet, means that a failure by such a firm firm or its parent undertaking to a bridge central could threaten financial stability in a way which the counterparty—that is, a company owned and controlled failure of a smaller firm would not. This order reflects by the Bank of England—or commercial purchaser, that reality. and to transfer ownership of a CCP to any person. The partial property order places restrictions on The Financial Services Act 2012 also extends the the making of partial property transfers made in bank administration procedure to investment firms respect of central counterparties. This order provides and banking group companies. The bank administration legislative safeguards for the benefit of direct and procedure is applicable when, during the resolution of indirect users of clearing services provided by CCPs. a bank, a partial transfer of property takes place and Those safeguards will provide them with greater certainty the “residual bank”—ie, the part left behind—is insolvent. as to how a partial property transfer might affect their This procedure ensures that the residual bank continues contractual rights, and ensure that there are appropriate to provide services and facilities required to enable the restrictions and limitations on the making of a partial transferred business to be operated effectively. The property transfer. same procedure will be available for the residual part Finally, the third party compensation regulations of an investment firm or banking group company. The put in place third party compensation arrangements instruments that I present today are required to underpin in the event that some but not all of an investment and bring into force the widened scope of the special firm has been transferred during resolution. This statutory resolution regime and bank administration procedure. instrument ensures that creditors are no worse off as a The EU’s bank recovery and resolution directive result of resolution action taken by authorities with requires there to be resolution tools in place for investment respect to a failing investment firm which results in the firms and banking group companies, and the instruments transfer of part of the failing entity than they would presented today are consistent with this directive. There have been if the entire entity had entered resolution. GC 197 Banking Act 2009 Order 2014[LORDS] Banking Act 2009 Order 2014 GC 198

[LORD NEWBY] Essentially, with a large firm—one of the big six, I hope that I have assured the Committee that these eight or whatever banks—the PRA would have been statutory instruments represent a necessary step forward devoting a large part of its resources to making sure in putting an effective resolution regime in place for this failure did not happen. We are now facing a investment banks, central counterparties and banking situation, where, despite all that effort—the stress test, group companies. all the new rules and so on—a firm is either no longer viable or likely to become so, and is put into the Lord Tunnicliffe (Lab): My Lords, I thank the Minister special resolution regime. It is put into the special for introducing the statutory instruments, all of which resolution regime— if I have read the supporting relate to the special resolution regime. I have spent an paperwork correctly—by the PRA. The PRA, in enjoyable weekend trying to understand them, but it is consultation with the Treasury and the rest of the clear that enthusiasm for such an exercise has not been Bank, takes the view that this failure mode is likely to widespread. Nevertheless, my understanding of them happen. is much as the Minister has described them. The first, The Treasury is involved because one of the ways on banking group companies, seems to fill a hole out of the mess is the way out we used last time. I whereby service-giving subsidiaries may fall out of think Alistair Darling and his people did a brilliant scope during the resolution process. The order makes job, frankly, because they were faced with a catastrophic sure that they remain in scope and that the resolution situation, with—as far as one can say—no real prior does not end up being tool-less in that area. thinking-through by the regulatory authorities of what the right mechanisms would be. Indeed, as we know I admit that I failed on the second order. Its general from later analysis, there was not even a lot of thinking intent to exclude small companies is pretty clear, but about who was responsible and so on. They did a why it defines small companies as those with initial brilliant job with a very crude tool— essentially they capital of less than ¤730,000 in one part and then uses nationalised the banks. This has the significant downside ¤125,000 as the threshold in another I cannot understand. that the taxpayer ended up footing the bill. The whole If the Minister could enlighten me, I would be delighted objective of the special resolution regime is to create a by the depth of his briefing, but in all probability I series of more complex tools which allows resolution shall receive another letter. to take place without the taxpayer picking up the bill. As the Minister said, the third order relates to The most recent part of that has been the extension to recognised central counterparties. As he well described, central counterparties, which have clearly emerged in if there is a resolution process with a central counterparty, analysis, and the bailing provisions, which move the it is possible that some parts of the central counterparty problem to the creditors—to the industry—as opposed will be an ongoing concern while others will not. to the taxpayers. There may be differential equity between creditors. If the Treasury decides that it does not want to go The rules seek to make sure that creditors are treated down that route, the Bank—no longer the PRA—is in fairly in that situation—I think that that is roughly charge of the special resolution regime. Its objectives, what the order says. The fourth statutory instrument is as far as I can see, are to maintain all the key functions on the general rule on partial transfers: creditors are as going concerns. That does not mean keeping the no worse off than if there had been a full bankruptcy business alive as a going concern—that was the PRA’s or administration. Faced with orders of such stunning task. The Government are clear that it is not a no-failure reasonableness, I can say no other than that we have situation—they want failure to occur if that is the no objection to them and wish them luck. proper thing to happen. Nevertheless, the resolution However, learning from the Minister at our previous regime provides a way of taking the activities forward outing together, I shall stray into the general area of in such a way that the public, the trading communities the special resolution regime, as he did into that of and society in general carry on having the banking mutuals when we were discussing a stunningly small facilities they need to survive. order that we together approved. This has been a very The more you think about it, and about our experience fruitful exercise, because the importance of the special of the last crash, the more frightening this scenario is. resolution regime is totally misunderstood. The special This looks as though it is a 60-hour exercise—when we resolution regime happens only in dire circumstances. have got to this situation we are thinking about close- If a major firm is failing—let us say, a large bank such of-play Friday and having it sorted out by Monday as Barclays—and approaching being not viable, we morning. That is a pretty challenging world to live in. have dire circumstances. The regime set up for such I may have called it wrong; it may be being thought of circumstances is illustrated in a document that I have as a more gentle process. However, one has to remember from May 2011, but I believe that it remains just as that we are contemplating using this process only in a applicable today. It sets out the extent to which, in a situation which, at the moment, we cannot contemplate. recovering regime, the PRA would seriously interfere Broadly, we are trying to put right all the things that with the way in which such a failing firm would work. typically lead to bank failure—through various ratios, It would demand changes in management and the protections and so on. From having read other bits of composition of the board. It would talk about this stuff, I think that the thing that mitigates this mess capital distribution and limiting planned business is the extent to which the PRA will have amassed a lot activities. There would have been a massive amount of of previously unavailable information, including specific activity from the PRA before one approached the information to help the bank in the resolution situation. situation where the special resolution regime was going This will mean that the bank will start with some to happen. information. I accept that most of this is about central GC 199 Banking Act 2009 Order 2014[30 JUNE 2014] Banking Act 2009 Order 2014 GC 200 counterparties, but given banks’ behaviour and the which, instead of being a theoretical exercise, come irregularities we have seen, one fears that in such a much closer to reality as you play out the events in a catastrophic situation it would be even worse than real-time way. expected; in other words, despite all that information, What pan-government exercises have been conducted? when you dig into it you have got a real crisis. One of the problems of high-level emergencies is that Failure would be catastrophic. The impact assessment senior people in government are introduced into the that accompanies the orders quotes the banking emergency, usually with absolutely no understanding commission as saying that a failure could have net of the series of decisions that they are going to face. present value of 63% of GDP. That is an enormous You can get into that situation if you do not have a impact and would be one of the most catastrophic system of pan-government exercises to ensure that events that could hit the United Kingdom, short of everyone knows what they are doing. war. It is difficult to think of anything worse than the Lastly, what mechanisms have been put in place to financial services of this country in collapse. work with our US and European partners in such an Who is actually going to do this resolution exercise? emergency? I gave the Minister a brief overview of the The situation is better than previously because the questions that I would be working through but I do Bank now has a series of tools, but it is more complex not expect detailed answers to all of them. Still, after because of the complexity of the tools. The answer is: he has given his general reassuring reply—that is what the Bank of England special resolution unit, headed he is paid for, really, so I expect nothing less—I would by Andrew Gracie, who reports to a deputy governor, value it if he read the report of this session, looked at Sir Jon Cunliffe. I have looked briefly at the CVs of the questions, talked to people in the Treasury and at those two men and they are successful and respected the Bank and produced a more researched, thoughtful public servants. But the questions I have for the reply. I cannot stress enough that you have to put the Government are: how big is their support? How big is systems in place to assure yourself that, in the unlikely this unit? How prepared is it? How developed are its event that a low-incidence high-consequence event systems? actually happens, you will be prepared for it. Looking through the reports, both of the PRA and of the Bank, it is difficult to see. We can see one or two Lord Newby: My Lords, I am grateful to the noble favourable things and one or two slightly worrying Lord for having taken so much time to grapple with things. The favourable thing is the point I raised more these extremely technical orders. On the difference than two years ago about the quality of staff of the between ¤730,000 of capital and the ¤125,000 of capital, regulator and the Bank of England. Mark Carney has the reference in the order to ¤730,000 refers to initial made a big point of making the development of capital while the ¤125,000 is operating capital. However, people one of his key aims. I am really pleased to see the ¤730,000 figure is accepted across the EU as the that sense of the value of people, and great chunks of slightly arbitrary point at which a firm is potentially his report are about that resolution. What is less happy significantly important. If I have got that wrong, I will is the level of staff turnover. There is 8.1% staff write to him. He raised a bigger point, of course: how turnover at the Bank and 11.6% at the PRA. The thing can we be sure that, if we are faced with a catastrophic that worries me most in the reports is the relative lack event, we deal with it in a competent manner? One of of saliency about the special resolution regime and the the challenges here is that, slightly differently from resources needed to support it. when the noble Lord was an airline pilot or indeed I have spent most of my career in environments running the Underground, the number of variables where one faces catastrophic low-incidence events. that can go wrong or interact with each other in a I started as an aeroplane driver—getting that wrong banking crisis is very high. It is not as though you can can be pretty catastrophic—and moved into the rail plan for 10 eventualities; there will be many more industry, where, sadly, we did have catastrophic events variables than that. that killed large numbers of people; I ended it in the We have tried to put in place a legislative framework nuclear industry. What you learn from those industries that gives us the powers we need; you cannot deal with is that if you are facing a low-incidence high-consequence these crises if you do not have the powers, and that is event, it is not natural to worry about it and therefore what the plethora of legislation over the past few years you have to put in place special regimes that focus on seeks to do. We think that we have an adequate it; it has to become almost obsessive. infrastructure—or, rather, a superstructure—in place, with the PRA and the other changes at the Bank and My questions for the Government are: how are they the greater responsibilities that it now has. Secondly, assuring themselves that the Bank is up to this massive we think that under the governor’s stewardship, as the challenge? How does the special resolution unit train noble Lord said, the quality of staff of the bank is and practise for this challenge? That is how other very high. industries I have been involved in face up to these things; they specifically train for them. In 3,500 hours, The noble Lord pointed to the level of turnover. I one engine stopped and that was not very exciting; think that that is a general concern in the public sector every simulator detail, engines were stopping all over more generally, and has been in the Treasury as well as the place. That is how you do it: you practise for the the Bank. It is fair to say that as far as the Treasury is catastrophic. What exercises have been conducted to concerned—I do not know about the Bank—the level test the unit and its systems? You can learn an enormous of turnover has reduced somewhat over recent years, amount from the conducting of exercises and simulations, but it is still pretty high. In reality, that is in the nature GC 201 Banking Act 2009 Order 2014[LORDS] Banking Act 2009 Order 2014 GC 202

[LORD NEWBY] to use the powers they now have in an effective and of these institutions: there will be quite a lot of churn timely way, and they are working very hard to make among people who are coming into and going out of sure that they are up to snuff as regards doing that. As the public and private sectors in the banking world. I said, the Government have considerable confidence However, we think that we have a very high quality of that we have put a legislative process and structure in staff. place that give the Treasury and the Bank the powers Of course, one of the challenges which the noble that they need and the people and structures internally Lord referred to is that although there is a special to ensure that they are properly exercised. This is some resolution unit, fewer people work in this area outside way from the extremely important but rather technical a crisis than when there is a crisis, otherwise you would amendments that we have been discussing today. have a huge number of people sitting around doing I hope that all noble Lords in the Committee will nothing for a very long time. Therefore the way the feel that the statutory instruments are necessary Bank and Treasury seek to deal with that problem is, and proportionate, and I commend them to the of course, that other people in the institution would be Committee. brought in—just as they were at the time of the RBS and Lloyds crisis—to help on resolution. There is a recent example of where it was not in the Motion agreed. end necessary to have the full resolution procedure because the PRA and the Treasury—and in particular the Bank—had worked so closely with the relevant institution. That was the case with the Co-op, which Banking Act 2009 (Exclusion of last autumn faced quite severe problems. In the end, it was possible for those problems to be resolved by the Investment Firms of a Specified Co-op without recourse to the provisions in the Banking Description) Order 2014 Act or the Financial Services Act. However, that was possible in part because it was working with the Bank Motion to Consider very closely over a period, and as a result of that it came up with an effective solution. The noble Lord quite rightly referred to the fact 4.19 pm that when you get to a crisis, sometimes you have to Moved by Lord Newby act very quickly, which is what happened with RBS. I hope that in future most cases such as that would be That the Grand Committee do consider the Banking more analogous to the Co-op case than to RBS. In the Act 2009 (Exclusion of Investment Firms of a Co-op case, it was clear for a while that there was a Specified Description) Order 2014. difficulty, and over a period of months—not a huge number, but over a period of weeks and a small Relevant document: 2nd Report from the Joint number of months—options were identified and Committee on Statutory Instruments implemented. If the PRA is doing its work, it will not be taken completely by surprise in the way we were with the banking crisis. Of course, that does not mean Motion agreed. that nothing will happen as a surprise. As the noble Lord pointed out, while we hope that the degree of information the PRA gets from the banks is always perfect, it will sometimes be less than perfect. One thinks of crises in the past that have occurred because Banking Act 2009 (Restriction of Partial the bank’s senior management and the compliance people did not know what a rogue member of staff Property Transfers) (Recognised Central was doing. As we know, that brought the bank down, Counterparties) Order 2014 for example, in the case of Barings. Therefore there will always be a risk. Motion to Consider The noble Lord asked specifically about training and practice exercises, and about how we work with our EU and American partners. There have been a 4.19 pm number of training exercises to look at such situations. Moved by Lord Newby Scenario planning is obviously part of the role of the special resolution unit, and it does that. We work very That the Grand Committee do consider the Banking closely with our American and European partners to Act 2009 (Restriction of Partial Property Transfers) see what lessons we can learn, and to have in place (Recognised Central Counterparties) Order 2014. good working relationships and mechanisms to activate if we find that a bank is in real difficulty and that we Relevant document: 2nd Report from the Joint might need to use the resolution procedures. Committee on Statutory Instruments If I can say anything about that more formally, I will write to the noble Lord. However, both the Treasury and the Bank are acutely aware of the need to be able Motion agreed. GC 203 Banking Act 2009 Order 2014[30 JUNE 2014] Anonymous Registration Order 2014 GC 204

Banking Act 2009 (Third Party Anonymous registration allows a person who is at Compensation Arrangements for Partial risk to register to vote without their name and address being included on the electoral register. Persons with Property Transfers) (Amendment) an anonymous entry and their proxies will be permitted Regulations 2014 to vote only by post and not in person in Northern Motion to Consider Ireland. Collectively, these five instruments apply the provisions 4.20 pm introduced earlier this year across all elections in Northern Ireland, and make additional amendments Moved by Lord Newby to ensure that the system of anonymous registration will work effectively. Let me now briefly describe in That the Grand Committee do consider the Banking turn what each of these instruments achieves. Act 2009 (Third Party Compensation Arrangements for Partial Property Transfers) (Amendment) The draft Anonymous Registration (Northern Ireland) Regulations 2014. (No. 2) Order 2014 makes minor and technical amendments to ensure that the process created by the Relevant document: 2nd Report from the Joint first order is crystal clear in relation to postal proxy Committee on Statutory Instruments voters and tendered postal ballot papers. The amendments ensure that procedures for proxy postal voters and Motion agreed. tendered postal ballot papers are consistent across all elections. The draft Donations to Candidates (Anonymous Anonymous Registration (Northern Registration) Regulations 2014 relate to donations to Ireland) (No. 2) Order 2014 candidates at parliamentary elections. They provide Motion to Consider that, where a donor is making a donation to a candidate at a parliamentary election and that donor is anonymously registered, a certificate of anonymous registration issued 4.21 pm within the UK will be treated as evidence that an Moved by Lord Wallace of Saltaire individual has an anonymous entry in the electoral register. That the Grand Committee do consider the The draft European Parliamentary Elections Anonymous Registration (Northern Ireland) (No. 2) (Anonymous Registration) (Northern Ireland) Regulations Order 2014. 2014 implement the system of anonymous registration Relevant document: 2nd Report from the Joint in respect of European Parliamentary elections in Committee on Statutory Instruments Northern Ireland and mirror the provisions for parliamentary and local elections. Lord Wallace of Saltaire (LD): My Lords, unfortunately The draft Northern Ireland Assembly (Elections) there has been a fatality on the line from Cardiff, and (Amendment) Order 2014 makes amendments to ensure the noble Baroness, Lady Randerson, is unable to get that the newly amended provisions on anonymous here. At short notice I am moving this Motion, which registration will work for Northern Ireland Assembly was tabled in her name, based on my modest expertise elections. on the transition to individual electoral registration; Finally, the draft Representation of the People noble Lords will recall that I have moved somewhere (Northern Ireland) (Amendment) Regulations 2014 around 30 SIs on the subject in the last 12 months. I implement anonymous registration for UK parliamentary shall speak also to the four other Motions standing in elections in Northern Ireland. The amendments to the name of the noble Baroness, Lady Randerson, on electoral registration for parliamentary elections will the Order Paper, which are on the draft Donations to apply also to local and Northern Ireland Assembly Candidates (Anonymous Registration) Regulations 2014, elections. These regulations specify how applications the draft European Parliamentary Elections (Anonymous for anonymous registration should be made and Registration) (Northern Ireland) Regulations 2014, determined, the relevant court orders and injunctions thedraftNorthernIrelandAssembly(Elections)(Amendment) that can be used to support an application, and the Order 2014, and the draft Representation of the People individuals who can provide attestations in support of (Northern Ireland) (Amendment) Regulations 2014. anonymous registration applications. As noble Lords may recall, the introduction of The system of anonymous registration will come anonymous registration to Northern Ireland was first into force in Northern Ireland on 15 September 2014. discussed in March, when we brought forward the first Over the summer, we will continue to work with the piece of legislation in this series. The five instruments Chief Electoral Officer, the PSNI and the Electoral before the Committee today mainly complete this Commission to ensure that there is full understanding process. Two further instruments are required, one of of the introduction of anonymous registration. which is subject to the negative resolution procedure and the other of which has no necessary parliamentary I hope that noble Lords will agree that it is important procedure. We intend to make all the remaining to complete the package of legislation necessary to instruments at the same time after these five instruments introduce anonymous registration across all elections have been approved by Parliament. in Northern Ireland. Anonymous registration is an GC 205 Anonymous Registration Order 2014[LORDS] Anonymous Registration Order 2014 GC 206

[LORD WALLACE OF SALTAIRE] Northern Ireland which are blocking further progress. important safeguard that allows vulnerable people to However, within the confines of security, which we exercise their right to vote without fear or threat to fully understand, I am trying to get a feel for what their safety.I commend the instruments to the Committee. assessment the Northern Ireland Office has made of the temperature in Northern Ireland, what is the nature Lord Alderdice (LD): My Lords, I thank my noble of those assessments and what they entailed. I am also friend for stepping into the breach at very short notice, trying to get a feel for how active Northern Ireland on this occasion to ensure that the regulations can go Office Ministers have been in Northern Ireland itself. forward promptly and that everything is in place in We all want them to be proactive—carefully proactive, good time for the elections in 2015. I welcome that. but proactive. I would hate to get a sense that, for the past year, they have just sat on the situation and have However, many people looking on from outside not made any assessment of progress towards agreement may find it a little strange that, after 30 or 40 years in on such statutory instruments. which peoples’ lives were very much at risk, including anyone coming into the public eye for any purpose, it I hope that I am not being unfair to the Minister—he is now, when one hopes that we are at the other side of is only just here—but can he undertake to give us in the peace process, that we are introducing anonymous writing a summary of what Northern Ireland Office registration. To some extent, the reason is that it has Ministers have been doing over the past year? We need been introduced in the rest of the United Kingdom a picture of the Secretary of State’s engagement, if and this order ensures that Northern Ireland is not out any, with the Parades Commission, because that is a of kilter. really sore point on both sides of the community divide. I am not looking for revelation of issues or I hope that that turns out to be the only good contacts that would stir up the pot, if you like, but we reason for it. One worry of very recent times has been need to ensure collectively here that Northern Ireland that, perhaps out of a fear of pressing the nuclear does not feel that Westminster is not bothering, not button of sectarianism between Protestants and Catholics looking at it urgently and taking not an offhand and unionists and nationalists, some nefarious individuals approach—that would be unfair—but a light touch, have turned their attention to others who have come when it needs to be a wee bit firmer. into the community from other parts of the European Union and elsewhere, and we have seen a rise in the We need to find out what the community approach kind of racism and xenophobia that we have not would be. Several people have expressed concern to previously seen in Northern Ireland. Tragically, every me about anonymous registration and anonymous few days, one sees intimidation of people from other donors. It seems that, a year later, we have stood still. parts of Europe and the world. I hope that some of Perhaps I am being unfair through lack of knowledge, the campaigns that we have been trying to develop in but I should like to get some picture of what the recent times, including the Unite Against Hate campaign Northern Ireland Office has been doing. If the noble and others, will have a positive effect that ensures that Lord is unable to answer now, as I fully understand, I anonymous registration is merely a harmonisation would appreciate a report in writing, because if we are measure and not one that is necessary for the situation proceeding to normalisation, why are we not moving a in Northern Ireland. wee bit faster? Everybody—the SDLP, the Ulster Unionists, the DUP, the Government—says that they However, in general terms, I welcome this and the want it. What progress is being made? I should appreciate other instruments, which will put the house in order in a response. time for elections next year. Lord Wallace of Saltaire: My Lords, the weather in Lord McAvoy (Lab): My Lords, I join the noble Northern Ireland is warm at this time of year—the Lord, Lord Alderdice, in thanking the noble Lord, noble Lord asked about the temperature. Part of the Lord Wallace of Saltaire, for stepping in at such short reason for introducing these measures in September notice. He is welcome to the Northern Ireland brief, rather than June was that the PSNI is, for reasons that even though it might be temporary—but we never he well knows, rather busier over the summer than it is know what fate awaits us. in the autumn. That is a simple explanation of why Her Majesty’s Opposition, in the spirit of consensus they did not come in three months earlier. and bipartisanship over Northern Ireland, also support I say to the noble Lord, Lord Alderdice, that we are the statutory instruments. Like the noble Lord, Lord introducing anonymous registration in Northern Ireland Alderdice, I have an “however”: however, this has been partly to ensure consistency with the rest of Great promised for quite a while. It has been a year since the Britain. We all understand the particular circumstances miscellaneous provisions Bill was passed. The point in Northern Ireland which call for anonymous registration, was rightly made at the time on all sides that we but anonymous registration in Great Britain—on the wanted parity on anonymous donations, for instance, mainland—is to do with witness protection in a number and anonymous registration. Has the Minister been of instances, wives who have been battered by their briefed on what assessment has been made of what husbands or women who have been battered by their progress, if any, has been made towards removing partners. Those are, dare I say, less abnormal reasons anonymous registration and the provisions for anonymous for anonymous registration. We hope that, over the donors? years, the number of those who look for anonymous As ever, we are at a delicate time in Northern registration in Northern Ireland will fall towards the Ireland, with a conference due on Wednesday which, mainland level. We anticipate that around 2,000 people we hope, will tackle the real outstanding issues in mayapplyforanonymousregistrationinNorthernIreland, GC 207 Anonymous Registration Order 2014[30 JUNE 2014] Health Care and Associated Professions GC 208 which would be considerably higher, proportionately, Northern Ireland Assembly (Elections) than on the mainland; I think there are of the order of (Amendment) Order 2014 less than 2,000 across the mainland. However, this number will fall if and as the situation in Northern Motion to Consider Ireland becomes less tense than it has been. On the question of why we have not moved more 4.38 pm rapidly, there have been two consultations on how to Moved by Lord Wallace of Saltaire put in anonymous registrations. It is a delicate and complicated process. The first was during the previous That the Grand Committee do consider the Government, in 2008; the second was under this Northern Ireland Assembly (Elections) (Amendment) Government. Part of the complication of the introduction Order 2014. —the reason we have several different SIs today—is Relevant document: 2nd Report from the Joint that it requires changes in every part of the electoral Committee on Statutory Instruments system and in other areas, such as obligations for jury service. The preparation of eight different statutory Motion agreed. instruments by the NIO unavoidably took some time. Legislation which was essential for the conduct of elections in 2010 and the triple poll in 2011 unavoidably Representation of the People (Northern took priority over anonymous registration. Ireland) (Amendment) Regulations 2014 On the question of donations—which are rather different from registration—we intend as far as possible Motion to Consider to bring greater transparency about the origins of donations in Northern Ireland. Legislation will shortly 4.38 pm be brought forward that will allow for more details of Moved by Lord Wallace of Saltaire Northern Ireland donations and loans to be published while still protecting donor identities. I hope that That the Grand Committee do consider the provides some assurance. I am happy to write further Representation of the People (Northern Ireland) to the noble Lord if there are other issues at stake. Full (Amendment) Regulations 2014. public consultation on the draft order to increase transparency took place, I understand, in January, Relevant document: 2nd Report from the Joint and we are working on the responses to that consultation, Committee on Statutory Instruments which will shortly be followed by legislation. Motion agreed. Motion agreed. Health Care and Associated Professions Donations to Candidates (Anonymous (Indemnity Arrangements) Order 2014 Registration) Regulations 2014 Motion to Consider Motion to Consider 4.38 pm 4.40 pm Moved by Lord Wallace of Saltaire Moved by Earl Howe That the Grand Committee do consider the Donations to Candidates (Anonymous Registration) That the Grand Committee do consider the Regulations 2014. Health Care and Associated Professions (Indemnity Arrangements) Order 2014. Relevant document: 2nd Report from the Joint Committee on Statutory Instruments Relevant document: 1st Report from the Joint Committee on Statutory Instruments Motion agreed. The Parliamentary Under-Secretary of State, Department European Parliamentary Elections of Health (Earl Howe) (Con): My Lords, in July 2010 (Anonymous Registration) (Northern the four UK health departments accepted the recommendations of the Finlay Scott review, which Ireland) Regulations 2014 recommended that all regulated healthcare professionals Motion to Consider should be required to hold appropriate insurance or indemnity cover as a condition of their registration 4.38 pm when carrying out work as a regulated healthcare Moved by Lord Wallace of Saltaire professional. That the Grand Committee do consider the The Government are committed to requiring all European Parliamentary Elections (Anonymous practising regulated healthcare professionals to hold Registration) (Northern Ireland) Regulations 2014. indemnity or insurance cover, and have been for some time. Relevant document: 2nd Report from the Joint The Government are also required to implement Committee on Statutory Instruments Article 4(2)(d) of the EU directive on patients’ rights in cross-border healthcare, which reinforces that direction Motion agreed. of travel and further commits us to legislation. GC 209 Health Care and Associated Professions[LORDS] Health Care and Associated Professions GC 210

[EARL HOWE] have listened to women and have fought fairly long The purpose of this policy is to ensure that people and hard to achieve this choice. All the evidence that have access to appropriate redress in the unlikely event they and others have gathered shows that women and that they are negligently harmed during the course of their partners want choice. After all, there is nothing their care. All patients should have that by right. The more important in life than giving life and bringing up overwhelming majority of regulated healthcare the next generation. professionals will be unaffected by the proposals because they already have insurance or indemnity cover. For Over the years, choice has been eroded thanks to employees in the NHS or independent sector, cover is the closure of maternity units, but in some places already in place because of an employer’s vicarious midwife-led units or birth centres have replaced them. liability for the negligent acts or omissions of their They are often under threat as well. I welcome midwife-led employees. Personal cover is required in relation only units because they are another form of choice but I to self-employed practice. regret the diminution of home births because that is a choice denied. I ask my noble friend: how many home The order makes provision that all practising regulated birth services in the NHS are on temporary hold and healthcare professionals must hold an appropriate how many have closed? I know that they are very insurance or indemnity arrangement as a condition detailed questions and I would welcome a written of their registration—and, in the case of medical reply if that suits my noble friend better than responding practitioners, a licence to practise—with the relevant now. I am asking these questions because Independent regulatory body. It will be for individual healthcare Midwives UK provides for home births. That is a professionals to assure themselves that appropriate government policy and one that has been strongly cover is in place for all the work that they undertake. endorsed by NICE. Independent Midwives UK provides Unless healthcare professionals, who are practising or continuity by a named midwife throughout antenatal intend to practise, can demonstrate to the satisfaction care, birth and postnatal care—another government of the regulatory bodies that such arrangements are or policy. Throughout the NHS this has proved to be will be in place, they will be unable to be registered as a pretty unachievable because community midwives are healthcare professional and will be unable to practise. drawn into the acute services whenever there is a I commend this order to the Committee, and beg to shortage, and because there is frequently a shortage it move. happens frequently. Baroness Cumberlege (Con): I declare an interest as The department’s new definition of continuity is a fellow of the Royal College of Obstetricians and co-ordination. A named midwife should co-ordinate Gynaecologists, a vice-president of the Royal College the care, as my noble friend said previously. We should of Midwives and a patron of the National Childbirth ask women what they think. Is co-ordination the same Trust and Independent Midwives UK. I have other as continuity? Of course it is not, when in extremis interests that are in the Lords’ register. I thank my women cannot even get their co-ordinator on the noble friend for introducing this statutory instrument telephone 24/7 but they can with an independent so clearly and for meeting the noble Lord, Lord Hunt, midwife. Do they build a relationship with the and myself, when we discussed the issue of independent co-ordinating midwife, assisting at that seminal moment midwives. of giving birth? No, because she is not there; she is too Draft statutory instruments are not usually a very busy co-ordinating. gripping subject, but this one is because it affects the Independent midwives in all their forms—as social livelihood of so many people. It is therefore being enterprises, employee-owned organisations, provident introduced as an affirmative resolution. Not many industrial societies with “bencom”status and so on—want statutory instruments, when enacted, will ensure that a to provide choice, continuity and care for women both professional is denied the right to practice—denied in the independent sector and for the NHS. They are their livelihood. However, I start from the premise that based in their communities and many provide services every practitioner should have professional indemnity for vulnerable women, asylum seekers, those with insurance. Some independent midwives are possibly mental health problems and so on, on a pro bono the only group reluctantly acting without it but not basis, but like the rest of us they cannot live on fresh only do they recognise the need for it, they want it and air. They are seeking commissions with clinical are prepared to go to great lengths to achieve it. This commissioning groups. They are working towards direct statutory instrument has concentrated minds and focused referrals from GPs who welcome the continuity of on the practicalities to achieve it, and from that point knowing the midwife responsible for a mother who of view I welcome it. needs advice and support. Can my noble friend suggest It has been a struggle because insurance bodies ways in which the Government could support independent draw no distinction between midwifery care and obstetric midwives, who are the professionals who not only care, and of course the service given by each profession support the Government’s policy but are the professionals is very distinct. Obstetric treatment is very often a who actually carry it out? high risk activity, whereas midwife care is much less so. Successive Governments have adopted a policy The NHS mandate, which sets the agenda for NHS that women should have choice—choice in healthcare England and which my noble friend and his ministerial but particularly choice in maternity services. This policy colleagues shape, is an opportunity to ensure that has been very widely welcomed by the Royal College alternative choices are there for women and their of Obstetricians and Gynaecologists, the Royal College partners. Will he encourage the ministerial team to of Midwives and the National Childbirth Trust, which focus on this issue and enable independent providers GC 211 Health Care and Associated Professions[30 JUNE 2014] Health Care and Associated Professions GC 212 of services to thrive, thereby enhancing government more supervised than the nursing profession. I chaired policies, giving women choice and providing the continuity the professional conduct committee of the previous that they seek? regulatory body and the midwifery cases that came In closing, I pay tribute to the Nursing and Midwifery forward were, in the main, where things went wrong Council, which has taken a very measured view of this with independent midwives. Mistakes are made—I am statutory instrument, has listened and has tried to sure we all accept that—but the problem is that very meet the needs of all concerned, amending its guidance often they lack support out in the community. as necessary. I look forward to my noble friend’s reply, In a situation where things go badly wrong, there is in writing if necessary. the issue of who is going to pay the compensation to the mother or baby who has to be cared for for many Baroness Brinton (LD): My Lords, I completely months or even years. The other noble Baroness—I endorse all the points made by the noble Baroness, am afraid I cannot remember her name—said that we Lady Cumberlege, and I am glad that there has been ought to be looking at something to help the independent some give from the council to try to move this difficult midwives, but how do we help a very small group issue forward. among a very large number of midwives and try to support them when very often the compensation is I want to make a slightly different point. In these enormous? febrile days, when everything in the EU is damned, it is most welcome that this regulation comes from a new directive that is going to give patients across the EU Lord Hunt of Kings Heath (Lab): My Lords, I am the security of knowing that there will be indemnity grateful to the noble Earl for his introduction to the and insurance available in every state. It may not be order, following, as he said, the Finlay Scott review. directly comparable but there will be something there. The Opposition have no argument with the principle I am pretty sure that this will not hit the headlines but of the order, but I want to raise with the Minister I see it as a major benefit to those of us who travel in some of the practical consequences of its implementation. Europe, as well as those coming to the UK. It is the The Government’s consultation states that about 4,200 sort of thing that is completely hidden from the headlines; self-employed nurses and therapists may be required it should not be. to obtain indemnity cover. For most concerned, the On the difficult issue of indemnity insurance for insurance premium is modest. The Department of midwives, I have been wondering, having come late to Health’s consultation estimate was that for nurses the this debate, whether or not there is scope for NHS insurance premium would be £195 per annum, and for England, the regulatory councils and the insurance therapists between £255 and £256 per annum. There councils to try to work better together. The financial should not be a problem with those practitioners services industry talks frequently about the problems being able to pay that premium, but we run into great of insuring a very small service. This clearly is that, difficulty when it comes to independent midwives. and it does not fit into an ordinary framework. Yet the I take the point made by the noble Baroness, Lady midwives have been through exactly the same training Emerton, that of course the safety of the mother and as their counterparts elsewhere in the NHS and I am baby is paramount, and her point about the issue of sure that clinical commissioning groups will demand professional support for independent midwives. I am that they have insurance cover. That is absolutely sure that she would recognise that for some women, right. Therefore, the problem is in looking at this small the support of an independent midwife is very important cohort of midwives rather than seeing them as part of to them. Sometimes the reason why a woman will turn the greater group who have qualified under the same to an independent midwife is that they find that statutory professional regulation. services are either not prepared to help her to have a I ask the Minister whether discussions will continue baby at home or are less than sympathetic. It would be to ensure that no one could be denied service simply a great pity if, as a result of the order, that very small because they may not fall neatly into one of the group of professionals was unable to practise. The categories. Again, I congratulate the Nursing and RIA accepts that affordable commercial cover is not Midwifery Council on at least trying to find a solution available to independent midwives working as individuals. to this difficult problem but it should not be said, as it The consultation estimates that there would be an is in paragraph 8.3 of the Explanatory Memorandum, annual cost of indemnity cover of about £15,000 per that there is a balance that has to be made here and, as individual independent midwife. There is no way that it affects only a few people, we should perhaps be an independent midwife is likely to be able to pay that prepared to let it go. I do not believe that we should. sum. It is fair to ask the Minister whether he considers Baroness Emerton (CB): My Lords, I have one or that independent midwives will be able to practise in two points to make. It is not very often I disagree with future as a result of the order. I take the point that the the noble Baroness, Lady Cumberlege, but we really noble Baroness, Lady Brinton, made, about the benefit have to focus on the safety of mother and child. of this EU regulation, but what an irony that the I am talking about independent midwives only, not Conservative Party, in particular, with its histrionics the whole directive, because I support the directive. I about Europe and the extraordinary behaviour of our think there is a problem in that the midwifery profession Prime Minister in the past few days, is now bringing in generally is the most regulated of the nursing professions. a European order that will put independent midwives They are required to be relicensed every year. They are out of business. I wonder whether the Government under a supervisory midwife. They are, if anything, really recognise that. They may find that independent GC 213 Health Care and Associated Professions[LORDS] Health Care and Associated Professions GC 214

[LORD HUNT OF KINGS HEATH] operating model under which they are able to continue midwives are in fact no longer able to practise, and the to practise. Social enterprises are the obvious route to Government may come in for considerable criticism as that. a result. The suggestion that independent midwives have not I was unimpressed by the response given by Dr Dan received the fullest attention from officials in my Poulter in another place. He has been very unsympathetic department is seriously misplaced. to the issue of independent midwives. That is a great pity. When this order was debated in the Commons a Baroness Cumberlege: I have never said that. The few days ago, I thought that the government response department has really helped independent midwives was weak, unsympathetic and gave very little comfort keep up to date with what has been going on. Nor am I indeed. It is all very well talking about social enterprises opposed to the order. I said earlier that I start from the in the Wirral as if that is an answer. Clearly, that will premise that every practitioner should have professional not be an answer for many independent midwives. The indemnity. Perhaps the noble Baroness, Lady Emerton, impact of agreeing to the order is that independent did not hear that. practitioners will not be able to practise any more. Either they will be forced to come into the NHS or they will simply not be available to women in future. I Earl Howe: I fully accept my noble friend’s statement would like the Minister to give his assessment of what on that score. It has been said that the Government he thinks the impact of the order will be on those have not been sufficiently supportive of the attempt by independent midwives. IMUK to overcome these obstacles, and I welcome my noble friend’s recognition of those efforts. Having read the Commons debate, I am not clear what happens to staff who provide care, sometimes Independent Midwives UK made an application, as complex care, independently but who are not a member my noble friend knows, for government funding for its of a regulated body.What about care assistants practising proposal. That was considered, but the conclusion independently? The Minister said that where they are reached after independent expert advice was that the employed they are covered because of the vicarious proposed insurance model was not feasible and would liability of the employer, but I am not clear about not provide long-term protection to pregnant women. those practitioners in the health and care field who Alongside that, we were mindful that the creation provide services but who are not part of a regulated of any government scheme specifically for Independent profession. Midwives UK would effectively position the Government As a general principle, the Opposition support the as the underwriter of the independent sector. My order because it is eminently sensible, but the Government noble friend is as aware as anyone of the sensitivity of could have found a more sympathetic way to help that. That would have undermined any private sector independent midwives to be able to practise in the solution, which in turn would reduce the onus on future. I for one am fearful that, as a result of the midwifery service providers to demonstrate financial order, they will not be able to do so. responsibility in what is undoubtedly a high-risk area of clinical practice—that is, it would reduce the onus on them to be responsible for showing an underwriter Earl Howe: My Lords, I am grateful to all noble the appropriate steps being taken to mitigate risks. So, Lords who have spoken. I shall endeavour to answer for a number of reasons, we were not able to take all questions that have been put to me as fully as I can. those proposals forward. To the extent that I cannot, I shall of course write to However, we explored a number of routes. One was noble Lords after this debate. that a corporate body should be formed that would be The centre of attention in noble Lords’ contributions eligible to join the clinical negligence scheme for trusts, has been independent midwives. Independent Midwives although that would not cover non-NHS work. We UK is the body which has expressed most concern made funds available via our Social Enterprise Investment about the regulations. I am the first to say to my noble Fund to support the development of social enterprise friend Lady Cumberlege that continuity of care and solutions where the market does not offer affordable service in the NHS is important, and that is part of the indemnity to individuals. That was not seen as a viable mandate to NHS England. We fully accept the value route either, although a new social enterprise called of independent midwives. NHS England will refresh Neighbourhood Midwives was set up through that the maternity commissioning guidance to CCGs over route and is now offering maternity care in the private the summer to support the plurality of providers and sector with appropriate indemnity cover in place. Its to help social enterprises get NHS commissions. business model is a 100% employee-owned mutual However, as my noble friend is aware, we are dealing providing management and support to small, community- here with self-employed, independent midwives. It is based neighbourhood practices. therefore important to look at the factors which pertain My noble friend Lady Brinton asked about the to that group of people in particular. My noble friend insurance sector. From the start of the discussion in suggested that the order effectively sput certain 2010, dialogue has been in progress with the Association independent midwives, the self-employed practitioners, of British Insurers, individual insurers and insurance out of business. I do not see it in that way at all. We brokers, who have indicated that insurance would be recognise that self-employed independent midwives available for corporate bodies employing midwives to may be required to change their governance and delivery deliver NHS or non-NHS services. It would be necessary practices to comply with an indemnity policy, and it is for corporate bodies to demonstrate the robustness of for the individual practitioner to determine a suitable their governance systems to provide adequate assurance GC 215 Health Care and Associated Professions[30 JUNE 2014] UN International Widow’s Day GC 216 to an indemnifier. Where providers can demonstrate via a GP or directly through a local midwifery service; safe outcomes as well as good risk management processes, the type of antenatal care—depending on the this would affect the price that was quoted, making it circumstances, midwifery care or team care with midwives more affordable. There are also other factors that can and obstetricians; the place of birth, depending on the be varied, depending on the appetite for financial risk, circumstances, supported by a midwife at home or in a that can reduce the price, such as excess provisions. free-standing midwife-led unit in a hospital, or supported This concurs with the independent research commissioned by a maternity team including obstetricians in a hospital; by the NMC and the Royal College of Midwives that and where to access postnatal care, at home or in a suggests that independent midwives would be able to community setting. obtain insurance as employees within a corporate I hope my noble friend will concede that maternity structure. As I say, some independent midwifery providers has been a major focus for the current Government. have secured insurance by fulfilling the above principles. We have invested heavily in training additional midwives. I heard my noble friend Lady Cumberlege say that There is a record number in training at the moment. the order effectively deprives certain individuals of the We have invested large sums in improving and refurbishing right to work. I do not share that view. The right of an birthing units, as well as introducing specialist mental individual to practise their profession is not an absolute health midwife training so that every birthing unit will right; the state may impose certain conditions provided have a specially trained clinician available by 2017. by law that an individual must satisfy in order to This is a major part of our agenda. practise their profession. Those conditions should be I think I have said as much as I can in answer to both proportionate and justifiable. questions. I will, however, respond in writing to the The bottom line here is that we believe it is unacceptable, points that I have not adequately covered, including as the noble Baroness, Lady Emerton emphasised, for my noble friend Lady Cumberlege’s question about individuals not to have access to recourse to compensation how many home births might be on hold or suspended where they suffer harm through negligence on the part as a result of this order. I beg to move. of a registered healthcare professional. The NHS constitution in England reinforces this by including, Motion agreed. “the right to compensation where you have been harmed by negligent treatment”. United Nations International Widows’ Day In requiring all practising regulated healthcare professionals to hold an indemnity arrangement as a Question for Short Debate condition of registration, the order does not make the practice of independent midwifery illegal—far from it. 5.15 pm Midwifery outside the NHS will still be accessible in Asked by Lord Loomba the ways that I have already described. I note that Independent Midwives UK is advertising insurance as To ask Her Majesty’s Government what plans a benefit of its membership, so I wonder whether any they have to ensure public awareness of United self-employed midwives will in fact have to stop practising. Nations International Widows’ Day. My noble friend Lady Brinton hit the nail on the head when she expressed her welcome for the EU Lord Loomba (LD): My Lords, International Widows’ directive and the principles that underlie it: that all Day is a UN-ratified global day for effective action to patients across the EU should be treated by healthcare help widows and their children around the world, professionals who have insurance or indemnity cover. which takes place every year on 23 June. Since the UN The noble Baroness, Lady Emerton, touched on the adopted 23 June as International Widows’ Day in issue of compensation. As she knows, compensation 2010, the UN Secretary-General has issued messages for negligence can be very high indeed. It is for this to all member states to raise awareness of the plight of reason that the Royal College of Midwives no longer widows, who suffer from poverty, illiteracy, diseases offers insurance because its scheme was stopped after such as HIV/AIDS and malaria, conflict and social an issue involving an independent midwife. injustice. In his latest message, which was issued on 23 June this year, he urges an end to harmful practices If we distil the arguments to their most basic, the and abuse against widows. implication behind a number of criticisms of this So that noble Lords understand the severity of the order is that choice in natal care should trump other plight of widows, I will read a report on the Secretary- considerations. I am afraid that the Government take General’s message this year, which sums it all up: a different view. Our policy is that patients should have recourse to redress if they are harmed, and the “No woman should lose her status, livelihood or property when her husband dies, yet millions of widows in our world face most cost-effective and proportionate way of achieving persistent abuse, discrimination, disinheritance and destitution, that is by requiring all practising regulated health stressed United Nation Secretary-General Ban Ki-moon today in professionals to hold appropriate cover. his message for this year’s International Widows’ Day. Having said that, we lay great emphasis on choice, In his message, the Secretary-General expressed his concerns as my noble friend is aware. The policy set out in about the number of widows subjected to harmful practices, including ‘widow cleansing’, often involving rape, and the increase Maternity Matters: Choice, Access and Continuity of in the widow’s risk of HIV infection, as well as ‘widow burning’. Care in a Safe Service , published in 2007 but endorsed Mr Ban underscored that such violent acts could also negatively by the current Government, aimed to introduce by the affect the lives of their children. He has stressed the need for end of 2009 four main areas of choice in maternity. ‘stronger action to empower women, promote gender equality The choices are: how to access maternity care, whether and end all forms of violence against women’. GC 217 UN International Widow’s Day[LORDS] UN International Widow’s Day GC 218

[LORD LOOMBA] exists to protect the rights of widows, weakness in the The UN General Assembly declared 23 June 2011 as the judicial system of many states compromises how widows’ first-ever International Widows’ Day, and it has been marked rights are defended in practice. Programmes and policies annually ever since. The Day raises awareness and is an opportunity aimed at ending violence against widows and their for action towards achieving full rights and recognition for widows worldwide and to bring the often invisible issues affecting them to children, poverty alleviation, education and other support a point of international concern. to widows of all ages need to be undertaken, including In many cultures widows not only are considered inferior to in the context of action plans for the framework of their husbands, but they also become ‘useless’ at the moment of post-millennium development goals. their husband’s death. Their social status appears to be inextricably In post-conflict situations, widows should be brought linked to their husband’s, and when he dies, a woman is likely to in to participate fully in the peace-building and lose her place in society, lose basic rights, and to become a victim of life-threatening abuses. reconciliation process to ensure that they contribute sustainable peace and security. We should empower Millions of the world’s widows have to cope with poverty, ostracism, violence, homelessness, ill-health and different forms widows through access to adequate healthcare, education, of discrimination, which could dramatically impact their physical decent work, full participation in decision-making and and mental well-being. public life, and lives free of violence and abuse. It ‘It is our collective responsibility to safeguard the human creates opportunities for widows to help and protect rights and dignity of widows, in line with the Convention on the their children and to avoid the cycle of perpetual Elimination of All Forms of Discrimination against Women and poverty and deprivation. the Convention on the Rights of the Child’, stressed the UN In conclusion, I ask my noble friend the Minister to chief. raise awareness of International Widows’ Day through ‘Together, we can eliminate the challenges faced by widows DfID, UN Women, the Foreign Office and any other around the world and allow them to realize their potential as equal members of society”, he concluded”. NGOs, as it is an opportunity for action towards achieving full rights and recognition of widows, who I declare my interest as founder and chairman of have remained invisible, uncounted and ignored for a the Loomba Foundation, which I established in 1997 long time. in memory of my late mother, who became a widow at the early age of 37. I was only 10 years old at that time, so I grew up as a widow’s son and saw first-hand the 5.24 pm discrimination and prejudices faced by my mother. Lord Shipley (LD): My Lords, I thank the noble After realising that widows’ problems were huge in Lord, Lord Loomba, for securing this short debate India and across Africa, I launched International Widows’ because it gives us an opportunity to shine a spotlight Day in 2005, which was adopted by the United Nations on the problems faced by so many widows across the at the 65th UN General Assembly in 2010. world. More than 100 million live in poverty alongside In south Asia, widows suffer because of stigma and some 500 million children, and I pay tribute to the religious beliefs, and in many countries they are considered work of the noble Lord, Lord Loomba, in doing so to be evil and inauspicious people. They are uneducated, much to draw attention to their plight and for cannot find a job, and depend on their relatives and demonstrating such clear leadership on this issue through community, who abuse them physically, psychologically the Loomba Foundation. and sexually. They are deprived of their possessions, I first became aware of the work of the noble Lord, which means that they cannot pay to educate their Lord Loomba, a few years ago when I attended a children; many of them are driven to factory labour fundraising event for the foundation, and I have been and prostitution to support their families. deeply impressed by the commitment of that foundation In Africa, unjust “customary laws” persist in many to alleviating the suffering of widows who face serious communities, even when national laws and constitutions violation of their human rights. appear to proffer justice and equality. Apart from As the noble Lord reminded us, 23 June this year losing their wealth, widows can face degrading treatment was the 10th International Widows’ Day and it is a and find it impossible to earn a living. The fate of clear testament to his campaigning ability that the UN widows magnifies the problems of poverty and disease. adopted it formally in 2010, on the resolution of Conflict has fuelled the crisis by directly creating Gabon, as an international observance day for widows huge numbers of widows in countries such as Rwanda, to raise awareness of the need for change. Iraq and Afghanistan, to name just a few. The widows The noble Lord, Lord Loomba, has identified many who are left behind to care for their families have an of the problems. Several stand out. First, in addition essential role to play in the healing and reconstruction to 100 million widows living in poverty, around 1.5 million of their societies, but they are prevented from doing so children of poor widows will die before they reach the by being destitute, disfranchised and disempowered. age of five. Secondly, on losing their husbands, many We cannot rest at peace if we let this situation continue widows lose their home because they cannot inherit further into the 21st century. The UN has given a clear property. They may be unable to remarry or they may mandate to all member states that widows must be have to marry their husband’s brother. They may be treated with the dignity and respect that they deserve. prevented from working and so have no means of Governments should take action to uphold their supporting themselves or their children. They may be commitments to ensure the rights of widows as enshrined seen as unlucky within a family. They may face violence. in international law, including the UN Convention on They may face a lifetime of social exclusion. the Elimination of all Forms of Discrimination against In addition to the Loomba Foundation, I pay tribute Women and the UN Convention on the Rights of the to organisations such as Womankind, Women for Child, as I have said before. Even when national law Human Rights and Widows’ Rights International, GC 219 UN International Widow’s Day[30 JUNE 2014] UN International Widow’s Day GC 220 which empower widows to live an independent life. I chair the AMAR International Charitable They help them to overcome problems such as a lack Foundation, and the women that I work with are of legal status, which can make the difference to their trapped in continuing complex emergencies. For them, ability to inherit property, as well as getting access for very often the only possible work that is immediately them to other rights provided by the state, such as a open to them is to become prostitutes, and once you widow’s allowance. become a prostitute it is extremely difficult to shake Evidence shows that educating the children of widows off that stigma again. I therefore work with those who is an important means of empowering them to escape are doing all that they can to create different kinds of poverty. In addition, making widows self-sufficient employment for widows that would give them not just economically through training and small amounts of an immediate leg-up but a future. business start-up capital or equipment has proved very successful, building their self-reliance and confidence. It will come as no surprise to noble Lords on all What can the UK Government do? The Government’s sides of the House that I intend to comment briefly on aim should be to secure for widows the full protection Iraq, where until last month there were 1 million of the law in their country, full rights to property widows and now, alas, there are considerably more, ownership, equal rights generally and equal status and there will be more next week and the week after. within their families and communities. That aim should Human misery is rising as the result of the toll of be integrated with the drive to achieve millennium 50 years or more of war, with the first tranche of development goals. widows coming as a result of the eight-year Iran-Iraq war, when 1 million people were killed and perhaps Intergovernmental agencies and individual Governments 250,000 were left widowed. I will also comment on the have been very supportive and work has been done by needs of the widows’ children. The figures in Iraq them to try to reduce poverty and reduce discrimination, show that there are 4 million orphans. “Orphan” but, crucially, this is not just an issue concerning the sometimes means the loss of both parents but in this rights of women, because widows may not be treated context nearly always means the loss of the father, so I as having the same status as women. This is a fundamental am going to comment on how that problem may be issue which International Widows’Day is now addressing. tackled as well. This debate asks Her Majesty’s Government what plans they have to ensure public awareness of United The work that I believe is best for widows comes Nations International Widows’Day.From my perspective, within a much wider programme. I would counsel this is a human rights issue, so my question is: what against us picking out widows; we need to be helping might the Government do to bridge the gap between the entire community so that our help for widows does aspiration for change and achieving real improvements not seem to stigmatise them by accident. Indeed, I for widows in poverty? We have a substantial overseas think that work for widows should come from within aid budget, so how might we use our influence to the community itself because it must be permanent effect change in attitudes which can discriminate so help; it cannot be short-term thing. There will be more cruelly against widows? widows tomorrow, the day after and the day after that. We have a clear duty to provide leadership. I hope There has to be not just a safety net but a continuing that the Minister may be able to indicate what practical programme of personal growth and development that measures could now be taken in support of widows enables women who are widowed not only to have a across the world whose human rights are not being life for themselves but to have a proper one and respected. something for their children, their elderly and anyone else they may be looking after. 5.30 pm The AMAR foundation works throughout Iraq. It Baroness Nicholson of Winterbourne (LD): I warmly works in Syrian refugee camps in the north and has a thank the noble Lord, Lord Loomba, for giving us the vast programme in Iraq for the prevention of gender-based opportunity to discuss this incredibly important topic. violence, which, incidentally, is critical for working I pay tribute particularly to my noble friend Lord with widows. It runs a large programme on gender Shipley for his speech, and I endorse the points that he violence awareness through the radio and the internet, made more fluently than perhaps I would be able to do which is crucial. It runs a very big programme with myself. women health volunteers, as well as an educated child I work a lot with widows. I have always seen economic initiative. It has mobile health centres, health posts, freedom as the key to widows gaining a new foothold health clinics and road safety training. It works on the in life. Of course, the law is crucial—they must be empowerment of widows throughout the country.Indeed, allowed to work in order to be able to find a way of it is working in 16 of Iraq’s 18 governorates and working—but custom and practice are also crucial in currently employs more than 2,000 local professionals implementing the law. If custom and practice are on projects across the country. A very large proportion dramatically against you, it is extremely difficult to of this work is for women, and a large proportion is work and earn a living. When one looks at work, one therefore for widows and their children. We work has to think what sort of work they can do, how and through the 23 primary health centres that we have when they will do it and what their alternative employment created, the six mobile health centres and some health might be, and whether the source of work that a posts, with about 500,000 patients connected with the widow is allowed to do will in fact bring such a stigma primary health centres and the mobile health centres. on her family that carrying out that work may be Last year there were between 250,000 and 300,000 something that she cannot even bear to do. health consultations. GC 221 UN International Widow’s Day[LORDS] UN International Widow’s Day GC 222

[BARONESS NICHOLSON OF WINTERBOURNE] seen as a highly successful programme. I also suggest Of course, if you look at that, women’s health is that no programme can succeed for widows or for any primarily the focus, as it is in all contexts everywhere. other section of the community unless it is sustainable. We take up about 80% of all health inputs and outputs As part of the programme, we have heavy-duty monitoring in every society: pregnant women, pre- and post-pregnancy work, but on top of that we have a sustainability and so on, elderly women and, of course, the women programme. So far, we have been steadily raising funds at home. At the moment I think we visit 34,000 women locally—not necessarily here, although we have done at home every month; one-third of them are single some here—to enable this project to continue in perpetuity. parents, mainly widows. The mothers and children That is a very small example of programmes globally instructed during those visits number about 140,000 that I know many other wonderful organisations are every month. carrying out. However, I have put it in front of your Turning to the widows and vulnerable women who Lordships in the hope that it may provide an example receive skills training, in the past 12 months we have of a simple but highly effective way of working. given 12,000 sessions of skills training, and 2,500 children have been enrolled in accelerated learning 5.40 pm programmes through kindergartens and primary and Lord Collins of Highbury (Lab): My Lords, I, too, secondary schools. We are teaching in 171 schools, thank the noble Lord, Lord Loomba, for initiating seven kindergartens, three universities, 12 of our own this debate and for his strong commitment to the training centres and, most importantly, five prisons, empowerment of widows. It is only because of his where you will find more women and more widows, commitment that we have International Widows’ Day. because they are so vulnerable. The programme being As we have heard, over the past 16 years the Loomba run at the moment aims to integrate 1,000 widows and Foundation has lobbied the UN and Governments, female heads of households into Iraq’s social and and has succeeded in being heard. In 2005 the foundation economicfabricbyempoweringthemwithskills,qualifications, launched 23 June as International Widows’ Day and social support and employment opportunities, and by the UN adopted it in 2010. It gives us an opportunity increasing their rights—and their knowledge of their to raise awareness and focus on action to bring the rights—as Iraqi citizens. often invisible issues affecting widows to international One of those important points is to help those attention. women to find what is available to them from the In every society, women have endured exclusion Government; for example, there is a widow’s stipend. from their communities and families, have suffered the Only a small proportion of widows in Iraq get that loss of their homes, livelihoods and identities, all stipend, because most widows there cannot read and brought on by an event completely out of their control: write, so they do not know that it is available to them. the death of a husband—their life partner. Fifty years A key thing is to teach widows literacy and numeracy. ago, my own mother was left a widow with four We have a very important programme that teaches dependent children. Like the noble Lord, Lord Loomba, adult literacy and numeracy to about 7,000 adults a I was 10. We lived in a house tied to my father’s job. In week, of which a proportion are widows. I strongly a very short period, she had to cope not only with the highlight literacy and numeracy, which are absolutely grief of losing her husband but the loss of our home, crucial. That is one of the first steps to take when you family income and status. Her determination to keep think about widows. us together meant facing a court hearing to be rehoused On access to employment opportunities, my noble following our eviction and quickly finding a job to friend Lord Shipley and, I believe, the noble Lord, maintain a household. Lord Loomba, mentioned the Government and the Since then, we have seen progress in this country, international community. In order to get those with legislation for equal pay and against sex widows known about, we create access to employment discrimination. Those changes in the law enabled my opportunities by involving businesses, government, mother to become an economically active individual parliamentary committees and academic institutions rather than dependent on the state—an issue so ably in the project itself. That means that bit by bit those highlighted by the noble Baroness, Lady Nicholson. ladies become known, and their opportunities emerge Today, widows in the West still face social isolation because of that. and commonly live with severe insecurity and poverty We teach practical skills, assisting them to set up due to lack of employment. Persecution of and abuse their own businesses. The practical skills, apart from against widows and their children is not a crisis limited literacy and numeracy, are sewing and design, food to the developing world: large groups of widows can preparation, hairdressing, IT, English language for be found in those circumstances in Europe, including business, and human rights—the latter so that they Russia, and central Asia. know what is theirs by right. We teach English language Global research commissioned by the Loomba because with that you have the globe, and IT because Foundation in 2009 revealed that 245 million widows you can get into the internet. However, the practical and more than 500 million children suffer in silence skills are ones that they have confidence in themselves. worldwide. As the noble Lord, Lord Shipley, highlighted, They know that they can do hairdressing—they are more than 100 million widows live in poverty, struggling taught how to do it so that it can become a business. to survive. Many of these women and their children They know that they can cook and do nursing. are malnourished, exposed to disease and, in some Therefore, the programme does the full range of cases, subject to slavery. Widowed women experience training courses, all integrated with the Ministry of targeted murder, rape, prostitution, forced marriage, Education’s own education opportunities, and it is property theft, eviction and social isolation. GC 223 UN International Widow’s Day[30 JUNE 2014] UN International Widow’s Day GC 224

As we have heard, today there are many more transfer programmes. I should like to hear from the widows than ever before due to armed conflict, the Minister how she believes such programmes are AIDS pandemic and the age difference between partners, progressing and whether she can highlight those that with many young women being married off to much we know are working more effectively and update us older men. As we have heard in previous debates, on their extension. among the survivors of the 1994 Rwandan genocide In a recent debate, I raised the conclusion of this were thousands of women widowed during the conflict. year’s session of the UN Commission on the Status of In some parts of eastern Democratic Republic of the Women, which I believe can make a significant Congo, around 50% of women are widows. As the contribution to this debate. The denial of the rights of noble Baroness, Lady Nicholson, said, there are estimated women and girls remains the most widespread driver to be millions in Iraq who have been placed in that of inequality in today’s world. Gender-based violence, situation, and 70,000 in Kabul, in Afghanistan. taking many forms, is a major element of that massive In post-conflict situations, high numbers of children and continuing failure of human rights. What specific depend on widowed mothers—often young women, actions have the Government formulated to carry sometimes children themselves—as their sole support. through the declaration and decisions of the New The response of agencies such as UN Women has York meeting and to face up to the challenges been to work in countries such as Rwanda, Pakistan identified by the commission both domestically and and Afghanistan to advance widow’s rights—we have internationally? heard the noble Baroness, Lady Nicholson, talk about Today’s debate is about our joint efforts to erase the Iraq—through targeted programmes as part of their stigma of widowhood, the barriers widows face to work to support women’s economic empowerment, resources and economic opportunities to survive and political leadership and participation and, more the high risk to widows of sexual abuse and exploitation. importantly, a role in peace and security. I know from personal experience that widows are As the noble Lord, Lord Loomba, highlighted, Ban more than victims: they are mothers, caregivers and Ki-moon said last week when marking the 2014 heads of households. They are the drivers of change, International Widows’ Day that we need, with their own aspirations and their own voices that need to be heard. Women’s empowerment and the “stronger action to empower women, promote gender equality protection of women’s rights are our greatest weapons and end all forms of violence against women”. to prevent discrimination and violence against women Violence against women is one of the most widespread and girls—widows in particular. violations of human rights, affecting women of all backgrounds, ages, cultures and countries. Widows are no exception and may in fact be at particularly 5.50 pm high risk of violence. In many countries, but particularly Baroness Northover (LD): My Lords, this has been across Africa and Asia, widows find themselves the a very moving debate. We have heard the direct experiences victims of physical and mental violence, including of both my noble friend Lord Loomba and the noble sexual abuse, related to inheritance, land and property Lord, Lord Collins, and their situations with their disputes. own mothers in widowhood and their families. I thank Last year, in a speech to the House of Lords, my noble friend Lord Loomba for securing this debate, Lakshmi Puri said that the lack of reliable hard data and noble Lords for their participation and the remains one of the major obstacles to developing the contribution that they have made in this area. My policies and programmes to address the poverty, violence noble friend’s foundation has very much led in this and discrimination suffered by widows. There is a area, and I pay tribute to him for that. need for more research and statistics disaggregated by My noble friend rightly emphasises the message of marital status, sex and age, to help to reveal the the Secretary-General of the UN, Ban Ki-moon, that incidence of widow abuse and illustrate the situation around 23 June International Widows Day should be of widows. a time for raising awareness of the plight of widows, and noble Lords have contributed very effectively to Empowering widows through access to adequate that. For millions of women and children, the death of healthcare, education—highlighted by the noble Baroness, a husband and father can all too quickly trigger a Lady Nicholson—decent work, full participation in descent into poverty, social exclusion and rape or decision-making and public life and lives free from other forms of violence. The effect on children has violence and abuse would give them a chance to build been powerfully described by my noble friend Lord a secure life after treatment. Importantly, creating Shipley. When a husband dies, many countries do not opportunities for widows can also help to protect their recognise that the widow has any rights to inherit what children and avoid the cycle of intergenerational poverty he has left behind. A widow and her children may find and deprivation. themselves not only homeless and without an income At this point, I again pay tribute to the Government overnight but perceived as an economic burden to and, in particular, the Foreign Secretary, for leading their community and stigmatised due to their association the international community through hosting the recent with death. Widows suffer from double discrimination Global Summit to End Sexual Violence in Conflict. I both for being female and for being widows. As I said, welcome the Government’s support for initiatives that my noble friend Lord Loomba has very close personal support widows through broader programmes working experience of the dreadful disadvantage that widows on women’s empowerment, asset ownership and face. We also heard about that from the noble Lord, inheritance and, through that, the targeting of cash Lord Collins. GC 225 UN International Widow’s Day[LORDS] UN International Widow’s Day GC 226

[BARONESS NORTHOVER] The UK Government are leading the way in raising Harmful traditional practices see widows forcibly public awareness to end the discriminatory social norms married, raped, traded or exiled. Underlying this abhorrent that are at the heart of the plight of widows. I thank situation are discriminatory social norms against girls the noble Lord, Lord Collins, for his tribute to the and women. These deeply held prejudices keep girls leadership of my right honourable friend the Foreign and women locked out of education, jobs and the Secretary in the Global Summit to End Sexual Violence community, and condone horrific forms of physical in Conflict. As he knows, this was co-hosted by my and psychological violence. That is why my noble right honourable friend and Angelina Jolie. The friend Lord Shipley is right to locate the treatment of organisation Widows for Peace through Democracy widows within basic human rights. organised a series of events, including a play entitled My noble friend Lady Nicholson is right with her “Hidden”, depicting the lives of women and child emphasis on the importance of economic freedom of victims of wartime sexual abuse. There was also a widows, and I pay tribute to her for her work. We discussion around justice for widow victims of conflict. know well that the economic position of women is I hope that my noble friend Lord Loomba was able to often key to their status and independence, and hear reports of what they discussed. underpinning that, as she indicated, is support for Next month, my right honourable friends the Prime health and education, including skills training. She is Minister, the Secretary of State for International right that the focus may need to be on the relief of Development and the Home Secretary will host with poverty so that we do not further stigmatise widows. I UNICEF the Girl Summit to rally world leaders, hope that she will be reassured that DfID’s A New organisations and the public to seek to bring an end Strategic Vision for Girls and Women identifies economic within a generation to child marriage, early marriage, empowerment as one of the four key pillars for action. forced marriage and female genital mutilation, an area As many noble Lords know, preparations for a in which my honourable friend Lynne Featherstone post-2015 development framework are under way, and has led as the Government’s champion for combating my noble friend Lord Loomba rightly emphasised its violence against women. Ending discrimination against significance. We want to ensure that the new framework girls and women, which underpins the many forms of is focused on the poorest and most vulnerable in violence against them, is critical not only as a human society, and we recognise that within that group no right but in unlocking their full potential. This is one should be left behind—that is key to this. I should important across all stages of life, including for those flag up that we are well aware that conflict and fragile who are widowed. states are likely to affect women and girls I can assure noble Lords that DfID works to support disproportionately, and of course DfID is a major widows in the poorest countries. For example, in Rwanda, contributor to humanitarian relief. Thus in the latest which was cited by my noble friend Lord Loomba and conflict in Iraq we are providing £5 million to reach the noble Lord, Lord Collins, DfID is supporting 140,000 displaced people with lifesaving assistance. 2,500 widows who are also HIV positive to ensure that The noble Lord, Lord Collins, and my noble friend they receive psychological support as well as support Lord Loomba referred to other conflicts in Rwanda, to improve their incomes. DfID’s support to the Afghanistan and many other areas. We are acutely Government of India’s national AIDS control programme aware that women and girls are often disproportionately has resulted in a reduction in the age eligibility for the victims in these conflicts. widows’ pensions in some states from 60 years to 35 years to make them accessible to younger widows. The post-2015 development framework seeks to address those who have been left behind and have not In conclusion, I want to stress the importance of a yet been brought into the kind of situation in which continued partnership between government, civil society, many of us in our society find ourselves. We are the private sector, foundations and of course the public. working hard to ensure that the new framework includes I welcome the extraordinary efforts of my noble friend a standalone goal on gender equality, as noble Lords Lord Loomba to establish International Widows’ Day. will know, with a holistic set of targets that address the The collaboration between the Loomba Foundation root causes of the inequality and discrimination that and UN Women is a great opportunity to expand affect widows. These include eliminating violence against outreach and awareness about widows. As one of the women and girls; promoting women’s economic largest core funders to UN Women, the UK through empowerment; fostering girls’ and women’s leadership DfID supports the partnership between UN Women and participation; ensuring universal sexual and and the Loomba Foundation. UN Women plays a reproductive health and rights; and improving girls’ critical role in taking forward what is decided at CSW. education. The noble Lord, Lord Collins, was right to flag the importance not only of taking forward what is agreed Achieving the targets will mean that a widow will at those meetings but of stopping things moving not lose everything when she loses her husband. She backwards. In many areas around the world, we see a will be able to own her own home, start a business, real challenge in that area. The United Kingdom is access finance and challenge the prejudices that well aware of that challenge and we welcome the fact discriminate against her. This in turn will improve the that there is tremendous cross-party support for countering life opportunities for her children. My noble friend it. That is extremely important. Lord Shipley was right to emphasise the importance of educating the children of widows as they seek to I assure my noble friend Lord Loomba and other pull themselves and their families out of poverty, as we noble Lords that we recognise the dire situation of have seen successfully being done. many widows. It is surely only through a combined GC 227 UN International Widow’s Day[30 JUNE 2014] UN International Widow’s Day GC 228 effort that we can achieve real gender equality and therefore thank all participants for all that they are empowerment for all girls and women, including doing to help such widows, and the Government widows. This has been a moving debate that has support them in that. brought home the reality of the position that women so often find themselves in if they are widows. I Committee adjourned at 6 pm.

WS 143 Written Statements[30 JUNE 2014] Written Statements WS 144

enable Reservists to continue to be called out into Written Statements service as part of the UK’s contribution to the United Nations Peacekeeping Force in Cyprus (UNFICYP). Monday 30 June 2014 114 Reservists have been called out for UN operations in Cyprus over the last 12 months. Over the period this Afghanistan: Gifting new order is in force we anticipate calling out around 60 Reservists, who will be fully integrated with their Statement Regular colleagues. While the use of Reserves in Cyprus is now considered routine business, it is fully in line The Parliamentary Under-Secretary of State, Ministry with our policy of having more capable, useable, integrated of Defence (Lord Astor of Hever) (Con): My right and relevant Reserve Forces. honourable friend the Secretary of State for Defence The order takes effect from 28 June 2014 and ceases (Mr Philip Hammond) has made the following Written to have effect on 31 December 2014. Ministerial Statement. I have today laid before the House a Ministry of Defence Departmental Minute describing a gifting Armed Forces: Service Inquiry package which the UK intends to make to the Statement Government of the Islamic Republic of Afghanistan. Towards the end of 2014, UK forces will redeploy from Southern Helmand, returning Camp Bastion to The Parliamentary Under-Secretary of State, Ministry the Government of the Islamic Republic of Afghanistan of Defence (Lord Astor of Hever) (Con): My honourable (GIRoA). The built infrastructure will largely remain friend the Minister for Defence Personnel, Welfare in place, together with some equipment that will be and Veterans (Anna Soubry) has made the following required by UK forces to the end and will not, therefore, Written Ministerial Statement. be able to be sold or redeployed. I wish to inform the House of the findings of the This gifting is expected to underpin the transition Service Inquiry into the accident involving two Tornado by supporting the further development of a capable, GR4 aircraft of XV (Reserve) Squadron from RAF credible and confident Afghan National Security Forces Lossiemouth on 3 July 2012, in which Sqn Ldr Sam (ANSF), within a sustainable security footing. The Bailey, Flt Lt Hywel Poole and Flt Lt Adam Sanders combined effect of training, mentoring and sustainment tragically died. On the day of the accident, the two through gifting will help secure the positive support of aircraft were conducting training sorties when they the ANSF to UK and US forces and increase the collided over the Moray Firth. capability of the ANSF. This is seen as being a key A Service Inquiry was convened by the Director factor in enabling a low-risk extraction of the UK and General of the Military Aviation Authority to establish US forces from Camp Bastion. the cause and examine those factors which contributed There has been very little UK property gifted to to the accident and to make recommendations to GIRoA, other than in cases where the handover of ensure that the circumstances which led to the collision infrastructure at outlying locations has offset the cost are avoided in the future. The Service Inquiry Panel to the UK of remediation. Our priority has been to has conducted an independent, thorough and objective seek best value for the taxpayer through redeployment inquiry and their report is now complete. and by the release of surplus property for sale. This A copy of the report has already been provided to policy will remain during our extraction from Bastion relevant personnel and units in Defence to ensure the and, where the opportunity arises to redeploy valuable timely dissemination of these air safety lessons. The equipment for future contingency operations rather recommendations from the report have either been than gifting, this will be undertaken. addressed or are in the process of being addressed. The Departmental Minute, which I have today laid A copy of the Service Inquiry, redacted in accordance before the House, describes the gifting package to the with the provisions of the Freedom of Information GIRoA. Act 2000, is being placed in the Library of the House Subject to completion of the Departmental Minute today and on the Ministry of Defence website. Our process, gifting is expected to be undertaken by the deepest sympathies remain with the families of those end of 2014. who lost their lives in this tragic accident.

Armed Forces: Reserve Forces Child Maintenance Statement Statement The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever) (Con): My right The Parliamentary Under-Secretary of State, Department honourable friend the Minister of State for the Armed for Work and Pensions (Lord Freud) (Con): My honourable Forces (Mr Mark Francois) has made the following friend the Minister for Pensions (Steve Webb MP) has Written Ministerial Statement: made the following Written Ministerial Statement. With the expiry of the call-out order made on Today the Government reaches a key milestone in 29 June 2013, a new order has been made under its progress towards reforming the child maintenance Section 56(1)(a) of the Reserve Forces Act 1996 to system in Great Britain, by first bringing into force the WS 145 Written Statements[LORDS] Written Statements WS 146 regulations allowing the Department for Work and Current Legislative Proposals Pensions to end child maintenance arrangements in The Presidency provided an update on the on-going the 1993 and 2003 child maintenance schemes and, work on financial services. second, introducing a range of fees for using the 2012 Level 2 legislation on bank contributions under Bank child maintenance scheme, managed by the Child Recovery and Resolution Directive and the Single Resolution Maintenance Service. Mechanism The Government wants to help parents to reduce The Council discussed the preparation of implementing levels of conflict after a separation and work together legislation that will determine the contributions to be more effectively. After a relationship breakdown most paid by banks to resolution funds established under parents still want what is best for their children and we the Directive on Bank Recovery and Resolution (BRRD) want to support them to achieve this. Wherever possible and the Regulation on the Single Resolution Mechanism we want to encourage more parents to consider arranging (SRM). maintenance directly between themselves, rather than viewing statutory child maintenance arrangements as Code of Conduct (Business taxation) the default option. Ministers endorsed the report on business taxation Both parents will be offered free information and prepared by the Code of Conduct Group, and adopted support to help them make the right choices for them the report’s conclusions. about their child maintenance arrangements through European Semester 2014 the Child Maintenance Options service. Ministers approved Recommendations for 26 Member For those unable to make their own arrangements, States and the euro area as a whole, in preparation for there is a new more efficient and effective child discussions at European Council on 26/27 June, and maintenance scheme, managed by the Child Maintenance subsequent adoption at ECOFIN on 8 July. Service. Implementation of the Stability and Growth Pact The introduction of fees is designed to act as an Council adopted Decisions bringing to an end excessive incentive for parents to collaborate following a separation, deficit procedures for six Member States. encouraging them to think again before defaulting to Ministers endorsed terms of reference on the review the Child Maintenance Service. The fees are also of the methodology for assessing effective action in about people making a small contribution to the cost the context of the excessive deficit procedure. of an expensive service that will continue to be heavily subsidised by the taxpayer. The Government does, Joint ECB and Commission Convergence Reports however, recognise that the collection charges for paying (including euro area enlargement) parents should be higher as they have greater control Euro area Member States adopted a Recommendation over whether or not maintenance is paid. The charges on the adoption of the euro by Lithuania, in preparation are encouraging not just compliance but also a shift for discussions at European Council on 26/27 June, towards collaboration, which is in the best interests of and formal adoption at ECOFIN on 8 July. the children involved.

ECOFIN EU: Asylum Statement Statement

The Commercial Secretary to the Treasury (Lord The Parliamentary Under-Secretary of State, Home Deighton) (Con): My right honourable friend the Financial Office (Lord Taylor of Holbeach) (Con): My honourable Secretary to the Treasury (Nicky Morgan) has today friend the Immigration and Security Minister (James made the following Written Ministerial Statement. Brokenshire) has today made the following Written Ministerial Statement. A meeting of the Economic and Financial Affairs Council was held in Luxembourg on 20 June 2014. The European Asylum Support Office (EASO) is The following agenda items were discussed: the Agency that promotes practical co-operation on asylum between EU Member States. It was established Draft general EU budget for 2015 by the 2010 EASO Regulation and the UK participates The European Commission presented its draft for in it. The EASO has extended its co-operation to the the EU’s general budget for 2015. The UK made clear Republic of Iceland, the Principality of Liechtenstein, that the European Commission should not be asking the Kingdom of Norway and the Swiss Confederation, for a cash increase to the annual budget of almost 5% which have now become observers at EASO through compared to the agreed 2014 annual budget at a time external agreements that were negotiated and adopted when countries across Europe continue to take difficult by the European Union. The UK opted in to all four decisions to deal with deficits. agreements on 3 February and two of them were Parent Subsidiary Directive adopted by the Council on 19 May. Council agreed an amending Directive to the Parent These working arrangements will allow Iceland, Subsidiary Directive, which will effectively close a tax Liechtenstein, Norway and Switzerland to participate loophole whereby companies operating across Europe in the EASO’s work and be entitled to receive support could exploit differences between Member States in from it. All four associate countries already participate the tax classification of certain financial instruments in the Dublin Regulation and contribute to its effective in order to reduce their overall tax liability. operation. We welcome the enhanced co-operation on WS 147 Written Statements[30 JUNE 2014] Written Statements WS 148 asylum issues that these arrangements will bring and EU: Foreign Affairs and General we look forward to their participation in future EASO Affairs Councils initiatives. Statement

EU: Employment, Social Policy, Health The Senior Minister of State, Department for Communities and Consumer Affairs Council and Local Government & Foreign and Commonwealth Statement Office (Baroness Warsi) (Con): My honourable friend the Minister of State for Europe (David Lidington) has made the following Written Ministerial Statement: My right honourable friend the Secretary of State The Parliamentary Under-Secretary of State, Department for Foreign and Commonwealth Affairs attended the for Work and Pensions (Lord Freud) (Con): My right Foreign Affairs Council on 23 June, and I attended the honourable friend the Minister for Employment (Esther General Affairs Council on 24 June. The Foreign Affairs McVey MP) has made the following Written Ministerial Council (FAC) was chaired by the High Representative Statement. of the European Union for Foreign Affairs and Security The Employment, Social Policy, Health and Consumer Policy, Baroness Ashton of Upholland, and the General Affairs Council met on 19 June 2014 in Luxembourg. Affairs Council (GAC) was chaired by the Greek Presidency. Shan Morgan, Deputy Permanent Representative to The meetings were held in Luxembourg. the EU, represented the United Kingdom. Commissioner Füle (Enlargement) was in attendance The Council approved the Country-Specific for some of the discussions at the FAC. Commissioners Recommendations (CSRs) on the National Reform Šefcovic (Inter-institutional relations and Administration) Programmes 2014 for each Member State, including and Füle were in attendance for some of the discussions the Macro-economic Imbalance Procedure (MIP). The at the GAC. President of the European Council, Herman Opinions of the Employment Committee (EMCO) Van Rompuy, was present for the GAC ministerial and Social Protection Committee (SPC) on the lunch which discussed preparations for the 26-7 June Examination of the National Reform Programmes European Council. 2013 and the implementation of the 2013 Country-Specific Foreign Affairs Council Recommendations were endorsed. EMCO and SPC A provisional report of the meeting and Conclusions Reports on cross-cutting issues were noted, as was the adopted can be found at: Employment Performance Monitor (EPM). http://www.consilium.europa.eu/uedocs/cms_data/ During the policy debate on the European Semester, docs/pressdata/EN/foraff/143347.pdf the UK stated that it was pleased that the Commission had struck the right balance between providing Introductory remarks Recommendations and recognising progress. This year’s Baroness Ashton updated Ministers on the situation CSRs reflected the work under way in the UK in a in Kosovo following the elections on 8 June. On Iran, number of areas where we were already seeing significant she reminded Ministers that the E3+3 joint plan of progress (youth unemployment, childcare provision action was due to expire on 20 July. and Universal Credit). The UK also tabled a minute Under AOB, the Foreign Secretary raised the Global statement reiterating its position that education policies Summit to End Sexual Violence in Conflict, which remain a national competence. launched the new international Protocol. Implementation Ministers had an exchange of views on the Social was the next step, and the Foreign Secretary looked to Dimension of the EU and the European Monetary the EU to mainstream this into its crisis response and Union (EMU) for which the discussion centred on the conflict prevention work. In addition under AOB, value of Minimum Income Schemes. The UK made Croatia highlighted the severity of the recent floods in clear that Minimum Income Schemes were an area of the Balkans, and Poland argued for broadening the national competence and that a “one size fits all” remit of the European Endowment for Democracy’s approach would not work. work. The Presidency’s progress reports on the Equal Ukraine Treatment Directive, Women on Company Boards The newly-appointed Ukrainian Foreign Minister Directive and the European Network of Employment Pavlo Klimkin attended part of the FAC to present Services, Workers Access to Mobility Services, and President Poroshenko’s peace plan. Mr Klimkin stressed Further Integration of Labour Markets (EURES) that the peace process should be inclusive, and reflected Regulation were noted. The Presidency gave a progress on the risk of further destabilisation of the situation. report on the proposal for a European Platform to He acknowledged the need for social and economic enhance co-operation in the prevention and deterrence development in eastern Ukraine. On Crimea, he set of undeclared work, and Ministers also adopted Council out the political, economic and humanitarian challenges Conclusions on Women and the Economy. that faced the Government of Ukraine. Klimkin said Under Any Other Business, the Presidency provided Ukraine had begun preparations for implementation information on the outcomes of the Roma Summit of the EU-Ukraine Association Agreement, and noted which took place on 4 April 2014 and the 2014 ILO that the Government of Ukraine was committed to Conference. The incoming Italian Presidency presented European integration. He underlined the importance its upcoming work programme, which begins on 1 July. of energy security. WS 149 Written Statements[LORDS] Written Statements WS 150

Ministers continued the discussion after Klimkin more inclusive government. The Conclusions also pledge left. The Foreign Secretary noted the importance of ¤5m of EU humanitarian assistance to meet the needs continued diplomacy and of maintaining pressure on of internally displaced persons. Russia to de-escalate, including by being ready to On Syria, Ministers agreed to extend sanctions to move to further measures. Ministers agreed to establish 12 Ministers. a civilian Common Security and Defence Policy mission, a key UK priority, and decided to prohibit the import Kidnap for Ransom into the EU of goods originating in Crimea or Sevastopol Ministers agreed Conclusions on Kidnap for Ransom, without a certificate of origin from the Government of a key step in our drive to develop international consensus Ukraine. Ministers agreed Conclusions which make against paying ransoms. In line with the commitments clear that preparatory work on sanctions continues so made at the G8 Summit and UN Security Council that further steps can be taken should events in eastern Resolution 2133, the Conclusions condemn the use of Ukraine so require, and restate the Council’s strong Kidnap for Ransom and unequivocally reject the payment condemnation of the illegal annexation of Crimea. of ransoms and political concessions. They reaffirm The Conclusions also welcome President Poroshenko’s the EU’s commitment to uphold UN resolutions which inauguration, express support for his peace plan as a require all UN Member States to prevent terrorists major chance for de-escalation and call on Russia to benefiting directly or indirectly from ransom payments. support the peace plan and adopt measures to stop the flow of illegal fighters, arms and equipment into Ukraine. Other business Ministers also encouraged the Ukrainian authorities Ministers agreed without discussion a number of in their reforms, expressed concern about the human other measures, including the following: rights situation in eastern Ukraine and Crimea, and looked forward to an end to the gas dispute. The Council adopted conclusions on Thailand; Afghanistan; on the Union’s approach on responsible Southern Neighbourhood sourcing of minerals; on the 10th anniversary of the EU guidelines on human rights defenders; and Ministers discussed Libya, and agreed Conclusions on the role of the private sector in development. calling for political dialogue and peaceful elections on 25 June, reaffirming EU support for improving Libya’s The Council amended EU restrictive measures border controls and securing arms stockpiles. The against the Central African Republic in light of Foreign Secretary welcomed the work of international UN Security Council Resolution 2127 (2013). envoys. The Council extended the restrictive measures On Egypt, Baroness Ashton issued a statement against the leadership of the Transnistrian region expressing Ministers’ concern about the recent court of the Republic of Moldova until 31 October 2014. cases, including the sentences pronounced against the The Council adopted the EU’s annual report on Al-Jazeera journalists. After the FAC the Foreign human rights and democracy in the world in 2013. Secretary told the press that he was “absolutely appalled” The Council approved the EU priorities for the and said that “Egypt has taken a major step in the 69th UN General Assembly. wrong direction”. The Council extended the mandates of the EU Ministers also discussed the importance of the EU Special Representative for Human Rights and of providing more support to Tunisia to promote economic the EU Special Representative in Afghanistan until growth to underpin Tunisia’s political reforms. 28 February 2015 and agreed on the budget for Iraq and Syria their activities. The Council approved the budget for the activities Ministers discussed the latest developments in Iraq, of the EU Special Representative in Bosnia and in the presence of Nikolay Mladenov, UN Special Herzegovina for the period from 1 July 2014 until Representative for Iraq. Ministers were united in concern 30 June 2015. about the rapidly deteriorating security situation, strongly condemning the attacks perpetrated by the Islamic The Council approved the Association Agendas State of Iraq and the Levant (ISIL). Mladenov set out between the European Union and the Republic of his five-point plan for Iraq, including humanitarian Moldova, and between the European Union and assistance, an inclusive political process and work Georgia. with the Kurds. The Council approved the EU position for the first The Foreign Secretary said that Ministers may need meeting of the Association Council with Central to consider a new architecture to handle the transnational America. threat that ISIL represented, involving regional actors. General Affairs Council He called for humanitarian assistance for Iraq and continued pressure on the Syrian regime for a political The 24 June 2014 General Affairs Council (GAC) solution, humanitarian access and chemical weapons focused on: the Enlargement and Stabilisation and destruction. Association Process; a report on following up European Council conclusions; the preparation of the 26 and Ministers agreed Conclusions on Iraq, condemning 27 June European Council; the European Semester ISIL’s attacks and human rights abuses. The Conclusions process; the application of Article 10 of Protocol 36 to call on Iraqi leaders to unite to fight terrorism and the Treaties; the 18-month programme of the Council; underline the need for political reconciliation and the EU Maritime Security Strategy; and the EU Strategy WS 151 Written Statements[30 JUNE 2014] Written Statements WS 152 for the Adriatic and Ionian region. Under Any Other 20 June, the GAC approved the European Semester Business, the GAC discussed EU cohesion policy and Country Specific Recommendations (CSRs) published the flooding in Bulgaria. by the Commission to all non-programme EU Member A provisional report of the meeting can be found States. at: The advice to the UK is to continue reducing the http://www.consilium.europa.eu/uedocs/cms_data/ deficit, tackle youth unemployment, reform the housing docs/pressdata/EN/genaff/143363.pdf market and invest in infrastructure. This is generally in Enlargement and Stabilisation and Association Process line with the Government’s long-term economic plan and reflects the advice of others. The GAC considered Albania. Since the GAC last discussed the issue, Albania has made progress on key Application of Article 10 of Protocol 36 to the JHA reforms, including a seven-fold increase in cocaine Treaties seizures and action to dismantle a fraudulent passport The Council discussed the UK’s decision pursuant factory, tackling illegal migration. The Government to Article 10 of Protocol 36 to the Treaties to opt out therefore agreed candidate status, but only on a clear of all pre-Lisbon police and criminal justice measures. understanding in the GAC conclusions that Albania The Council noted that the UK Government and the still has much work to do and will need to show Commission had reached an understanding on the list sustained political commitment to tackling deep-rooted of non-Schengen pre-Lisbon police and criminal justice problems, including through concrete and measurable measures that the UK Government would seek to steps. Candidate status is a symbolic step which has no rejoin. In respect of the Schengen pre-Lisbon police implications for migration, no automaticity for joining and criminal justice measures, the Council recalled the EU and is not a decision to open accession that it had previously provisionally noted a broad negotiations. The Government will adopt a very rigorous technical agreement on the draft Council Decision approach at every stage of this long process to ensure although at this stage not all reservations could be that Albania roots out corruption, cracks down on lifted. organised crime and firmly institutionalises the rule of law. 18-month programme of the Council In my intervention, I also raised the importance of The new EU Presidency trio of Italy, Latvia and the GAC returning in December to the issue of reform Luxembourg presented their programme for the Council of transitional controls on free movement for future for the period of 1 July 2014 to 31 December 2015. enlargements, in the context of its consideration of the This will focus on: growth and jobs; fundamental Commission’s Annual Enlargement Package to be rights; climate and energy; and the post-2015 development published this autumn. programme. Report on following up European Council conclusions The EU Maritime Security Strategy The Presidency presented its report on the implementation of European Council conclusions The GAC adopted the EU Maritime Security Strategy covering: economic issues; the European Semester (EU MSS). The Strategy aims to define the maritime process; climate and energy; and justice and home security threats, risks and interests affecting the EU, affairs. while also strengthening the EU’s response to them. It Preparation of the June European Council will also serve to inform future action plans—due to be produced under the Italian Presidency—which The GAC discussed the draft conclusions for the incorporate maritime security considerations more widely 26 and 27 June European Council, which the Prime across EU policies. Minister and other EU leaders will attend. The June European Council will include a dinner in Ypres on The EU MSS is broadly consistent with the UK’s 26 June to commemorate the outbreak of the First maritime security objectives and we will continue to World War followed by a Council meeting on 27 June work with European and other international partners in Brussels. on this global issue. The June European Council is expected to focus on: EU Strategy for the Adriatic and Ionian region the future Justice and Home Affairs programme; economic issues, including better regulation; climate and energy, The Commission presented its communication and including a Commission report on EU energy security; action plan for the EU strategy for the Adriatic and and Ukraine. Association agreements with Georgia, Ionian region. Italy confirmed that it would take this Moldova and Ukraine will be signed. The issue of the forward during their Presidency. EU’s strategic priorities and institutional changes is Under Any Other Business, the GAC discussed the also likely to be discussed. idea of holding formal sessions of the General Affairs I reaffirmed the need for clear objectives on job Council dedicated to cohesion policy to allow greater creation, growth and competitiveness; and called for scrutiny at a political level of its implementation over text on the EU’s priorities to be as focused and ambitious the 2014-20 multi annual financial perspective, and its as possible. contribution to the Europe 2020 strategy. No clear European Semester conclusions were reached on this at this stage. Following discussion at the Employment, Social The GAC also considered and expressed sympathy Policy, Health and Consumer Affairs Council on 19 June for the recent flooding affecting Bulgaria which has and the Economic and Financial Affairs Council on caused considerable damage to infrastructure. WS 153 Written Statements[LORDS] Written Statements WS 154

Inquiries Act 2005 Clauses 51 and 52 from the Bill. Clause 51 would amend the Contempt of Court Act 1981, in Statement particular, to provide that a publication will not be treated as being in contempt of court under the strict The Minister of State, Ministry of Justice (Lord liability rule in connection with legal proceedings Faulks) (Con): My right honourable friend the Minister where the publication is first made available before of State for Justice and Civil Liberties (Simon Hughes) those proceedings are active. Under this clause, this has made the following Written Ministerial Statement. defence would cease to be available on my giving Today I have published the Government’s response notice to the publisher. Clause 52 would provide a to the report of the House of Lords Select Committee related right of appeal against court injunctions. on the Inquiries Act 2005. The genesis of Clause 51 was the Law Commission Public inquiries are well regarded and valued by the report Contempt of Court (1): Juror Misconduct and people of this country as a means of holding public Internet Publications (Law Com No 340). The bodies to account, investigating matters of concern Commission’s consultation and review revealed concern and maintaining confidence in just and transparent among the mainstream media at their vulnerability to government. They are a means of bringing out into proceedings for contempt in relation to online archive the open, and providing answers to, some of the most material. The concern was that the law as it currently troubling events. stands means prejudicial online material, even if published A post-legislative scrutiny review of the 2005 Act, before proceedings became active, is still subject to the carried out by this Government in 2010, concluded laws of contempt. The Commission acknowledged that the Act itself was generally working well but this and put forward a proposal that the Attorney-General identified several areas of concern with the practical should be responsible for alerting publishers to the application of the Inquiry Rules 2006. presence of material which was potentially prejudicial Four years on, the Select Committee’s timely and and that proceedings were active. Until such time as thorough report has been a great help in advancing an Attorney-General’s notice was served, a publisher the Government’s thinking on such questions as the would have a defence to contempt proceedings. The applicability of the Act, its fitness for purpose, the proposal was intended to provide the media with a powers of the inquiry Chair, and how to ensure that measure of protection and reassurance while at the best practice is captured and passed on. same time enabling the integrity of proceedings to be The Government has given careful consideration to safeguarded. The Government agreed with the the Select Committee’s 33 recommendations, agreeing Commission’s legal analysis and believed the proposal with the majority of them. We will implement changes struck the right balance between the right to a fair as soon as practicable and, where primary legislation trial and the freedom of the press. is needed, when parliamentary time allows. Although intended as a measure designed to assist The Select Committee has made a significant and protect the media, the clause has been criticised contribution to the Government’s ongoing efforts to on the grounds that it gives too much power to the make inquiries more effective and efficient, and the Attorney-General. These representations were made benefits will be seen in the conduct of future inquiries. to me, in particular, by the Society of Editors, who in Public inquiries which are in the appropriate form, addition do not accept that this clause addresses a conducted as speedily as possible, respond to public pressing problem and have suggested that the current concerns and investigate the facts thoroughly are an powers available are sufficient to protect proceedings. essential part of an accountable and transparent In addition, the Joint Committee on Human Rights democracy. (14th report of Session 2013-14), while considering Copies of the Command Paper are available in the that the provisions of the Bill are “in principle an Vote Office and in the Printed Paper Office. The improvement on the position under the current law”, document is also available online, at: have raised concerns about the safeguards connected https://www.gov.uk/government/publications/ with the notice procedure. government-response-to-select-committee-post- legislative-scrutiny-of-the-inquiries-act-2005 The Government has considered these concerns very carefully. Although the Government remains of the view that this is a balanced and measured proposal, it recognises the disquiet surrounding the proposal. Legislation: Criminal Justice and Given that this measure was designed to assist the Courts Bill media, it is significant that representatives of the Statement media consider that this provision does not do so. While the Government considers that the notice provision would be an improvement for the media, courts and The Advocate-General for Scotland (Lord Wallace Attorneys-General alike, it is satisfied that the existing of Tankerness) (LD): My right honourable friend the law will continue to provide satisfactory protection to Attorney-General has made the following Written the integrity of legal proceedings. On this basis, the Ministerial Statement. Government has decided not to pursue this measure I am announcing today the Government’s or the related clause on rights of appeal. The Government intention to table amendments to the Criminal Justice will accordingly table amendments to omit these clauses and Courts Bill [HL Bill 30] which would omit at the first opportunity. WS 155 Written Statements[30 JUNE 2014] Written Statements WS 156

Railways: Franchises £5 million invested to improve Barking station Statement £1.6 million invested to improve Fenchurch Street Station £10 million on improving further stations across The Minister of State, Department for Transport the route (Baroness Kramer) (LD): My honourable friend the Making staff more visible at stations Parliamentary Under-Secretary of State for Transport Over 200 new car parking spaces (Stephen Hammond) has made the following Ministerial Statement. More than £457,000 spent on cycle spaces and other accessibility improvements On Friday 27 June 2014, the Department for Transport announced its intention to award the Essex Thameside Free Wi-Fi at stations and on board trains franchise to NXET Trains Ltd. The franchise will Better information for customers begin in November this year (2014) and run for 15 years Smart ticketing scheme including automatic delay until 2029. repay for passengers. The new franchise builds on the firm foundation of NXET Trains Ltd bid is an ambitious one that not high standards of punctuality and passenger satisfaction only provides for existing and future passengers but that passengers on the route have come to expect. The also delivers great returns for the taxpayer with over bid sets out a clear plan for how NXET Trains Ltd will £2 billion in premium expected to be paid to government seek to exceed these expectations and meet the significant over the course of the franchise. demand for transport services that is expected from In accordance with usual procurement practice, we the continuing strong economic growth in the area. are now in a standstill period of 10 days before my This is an excellent bid for passengers and will department will be in a position to enter into, and provide a large number of improvements, which include: complete, the formal contractual documentation and Additional fleet of 17 brand-new trains providing make the award to NXET Trains Ltd. almost 4,800 extra seats Reaching this milestone demonstrates that rail More than 25,000 additional seats for the morning franchising is on track and providing a world-class peak time commuters every week by the end of the railway that benefits the taxpayer and has the passenger franchise at its heart.

WA 205 Written Answers[30 JUNE 2014] Written Answers WA 206 Written Answers Aggregates Question Monday 30 June 2014 Asked by Lord Kennedy of Southwark Toask Her Majesty’s Government what assessment Affordable Housing they have made of the marine aggregate industry. Question [HL459]

Asked by Lord Marlesford The Parliamentary Under-Secretary of State, Department To ask Her Majesty’s Government how they for Environment, Food and Rural Affairs (Lord De Mauley) define affordable housing in terms of (1) maximum (Con): The UK Marine Policy Statement (MPS) is the proportion of after-tax income of those on average framework for preparing Marine Plans and taking earnings needed to pay rent, and (2) multiple of decisions affecting the marine environment. The MPS gross income needed to buy a house. [HL406] sets out the policy objectives for key activities taking place in the marine environment. This includes an assessment of marine aggregate resources, potential The Parliamentary Under-Secretary of State, Department impacts from extraction activities and issues for consideration for Communities and Local Government (Baroness Stowell by decision-makers. Within English waters marine aggregate of Beeston) (Con): We do not define affordable housing extraction activities are regulated by the Marine Management in those terms. The Housing and Regeneration Act Organisation. 2008 (sections 68 – 70) defines social housing as low Government, regulators, The Crown Estate and the cost rental accommodation and low cost home ownership British Marine Aggregate Producers Association accommodation. In the Act, a low cost rent is simply (BMAPA) have collaborated on an extensive programme defined as below the market rate. Low cost home of research (over £25 million in ten years) into ownership is defined by its availability for occupation understanding and minimising the environmental impacts on a shared ownership or equity percentage basis. This of aggregates dredging. Following the completion of provides flexibility to support a range of people with that programme BMAPA and The Crown Estate recently different housing needs through our affordable housing commissioned and published Aggregate Dredging and programmes. the Marine Environment – an overview of recent For planning purposes, the definition set out in the research and current industry practice. The report is National Planning Policy Framework is as follows: available on The Crown Estate website at www.the “Social rented, affordable rented and intermediate crownestate.co.uk housing, provided to eligible households whose needs The marine aggregate industry has and continues are not met by the market. Eligibility is determined to engage constructively with Government and regulators with regard to local incomes and local house prices. in developing marine plans and licensing policy and Affordable housing should include provisions to remain Marine Conservation Zones. at an affordable price for future eligible households or for the subsidy to be recycled for alternative affordable housing provision. Alcoholic Drinks and Drugs Question Social rented housing is owned by local authorities and private registered providers (as defined in section Asked by The Earl of Dundee 80 of the Housing and Regeneration Act 2008), for To ask Her Majesty’s Government what action which guideline target rents are determined through they are taking to prevent alcohol and drug abuse the national rent regime. It may also be owned by in the United Kingdom. [HL418] other persons and provided under equivalent rental arrangements to the above, as agreed with the local authority or with the Homes and Communities Agency. The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): The Coalition Affordable rented housing is let by local authorities Government’s approach to preventing drug and alcohol or private registered providers of social housing to abuse in the UK is captured in the 2010 Drug Strategy households who are eligible for social rented housing. and the 2012 Alcohol Strategy. Affordable Rent is subject to rent controls that require The Drug Strategy ’Reducing demand, restricting a rent of no more than 80% of the local market rent supply, building recovery: supporting people to live a (including service charges, where applicable). drug-free life’ balances three key themes: reducing the Intermediate housing is homes for sale and rent demand for drugs, restricting the supply of drugs, and provided at a cost above social rent, but below market supporting individuals to recover from dependence. levels subject to the criteria in the Affordable Housing We continue to do all we can to prevent people from definition above. These can include shared equity (shared using drugs in the first place and intervene early with ownership and equity loans), other low cost homes for those who start to develop problems. For example, we sale and intermediate rent, but not affordable rented are taking action to break intergenerational paths to housing. drug misuse by supporting the UK’s most troubled Homes that do not meet the above definition of families and supporting practitioners working with affordable housing, such as “low cost market” housing, young people through the production of an on-line may not be considered as affordable housing for planning Alcohol and Drug Education and Prevention Information purposes.” Service. WA 207 Written Answers[LORDS] Written Answers WA 208

We are confident that our strategic approach is UK Exports UK Imports Total Trade producing good results. Drug use has fallen to its lowest level since records began in 1996, and people £ million £ million £ million going into treatment today are more likely to free Brazil 4,314 3,024 7,338 themselves from dependency than ever before. Russia 7,347 8,002 15,349 The Alcohol Strategy proposed a range of measures India 7,661 8,778 16,439 to radically reshape the approach to alcohol and reduce China 15,701 34,755 50,456 excessive drinking and tackle the crime and health Source: harms associated with it. We have provided more UK Economic Accounts Q1 2014 powers for local areas to restrict opening and closing times, control the density of licensed premises, and charge a late night levy to support policing. In May we CDC introduced a ban on the worst cases of very cheap and Question harmful alcohol sales and are taking forward a wide Asked by Baroness Kinnock of Holyhead range of action to tackle alcohol-related crime and disorder. This includes working with 20 Local Alcohol To ask Her Majesty’s Government what is their Action Areas to cut alcohol-related crime and disorder, assessment of the desirability of investments made and reduce the damage caused to people’s health. by the CDC Group in the construction of shopping Underpinning this work is the goal of promoting centres and gated communities. [HL432] diverse and vibrant night-time economies that do not centre on drinking alcohol. Baroness Northover (LD): I refer the noble lady to Through the Responsibility Deal, the alcohol industry the answer I gave on 19 June 2014 (Official Report, has adopted a core commitment to ‘foster a culture of column WA90) to the noble Lord Steel. responsible drinking which will help people to drink “In 2013, CDC’s 1,300 investee companies directly within guidelines’. This includes a pledge to give consumers employed over a million people, and created more a wider choice of lower strength products and take than 68,000 net new jobs. one billion units out of the market by 2015. From Individual investments are fully decided by CDC April 2013, the NHS Healthcheck included an alcohol and the Government has put in place strict rules which risk assessment for adults aged 40-75 year olds, with require commitments to deliver jobs, economic an assessment every five years. The Chief Medical development and poverty alleviation in developing Officer (Dame Sally Davies) is also reviewing the countries.” alcohol guidelines for adults. Channel Tunnel Question Autism Question Asked by Lord Berkeley Asked by Lord Touhig To ask Her Majesty’s Government whether they plan to transfer responsibility for economic regulation To ask Her Majesty’s Government how many and railway safety within the Channel Tunnel from adults with autism in England currently receive support the Channel Tunnel Intergovernmental Commission because they have been identified by a local authority to the United Kingdom and French rail regulators; as being at risk of abuse or neglect. [HL420] if so, by what date; and, if not, why not. [HL630]

The Minister of State, Department for Transport The Parliamentary Under-Secretary of State, Department (Baroness Kramer) (LD): The British and French of Health (Earl Howe) (Con): This information is not Governments will move economic regulation of the kept centrally. Tunnel from the Channel Tunnel Intergovernmental Commission (IGC) to the Office of Rail Regulation (ORR) and its French equivalent, and put in place a BRIC Countries charging framework by 31 March 2015. We are working with the French Government and anticipate that those Question commitments will be resolved by March next year. Asked by The Earl of Courtown There are no plans to transfer railway safety from IGC. To ask Her Majesty’s Government what is the value of trade between the United Kingdom and (1) Brazil, (2) Russia, (3) India, and (4) China. [HL634] Closed Material Procedures Question Asked by Lord Beecham The Minister of State, Department for Business, Innovation and Skills & Foreign and Commonwealth To ask Her Majesty’s Government in how many Office (Lord Livingston of Parkhead) (Con): According cases since the passage of the Justice and Security to the latest UK Economic Accounts, UK trade of Act 2013 applications have been made for closed goods and services in 2013 with the BRIC countries material procedures to be employed; and how many were as follows: have been successful. [HL347] WA 209 Written Answers[30 JUNE 2014] Written Answers WA 210

The Minister of State, Ministry of Justice (Lord Diabetes Faulks) (Con): In accordance with section 12 of the Question Justice and Security Act 2013, the Government will lay before Parliament, in the course of 2014, a report on Asked by Baroness Masham of Ilton the use of the closed material procedure under section To ask Her Majesty’s Government how they 6 of that Act. This will include the numbers of applications plan to review NHS England’s progress in made and whether such applications have been granted. implementing the Action for Diabetes plan. [HL400]

The Parliamentary Under-Secretary of State, Department Coastal Areas: Flood Control of Health (Earl Howe) (Con): Action for Diabetes sets Question out the broad vision and direction for how NHS England Asked by Lord Kennedy of Southwark will support improvements in outcomes for people with and at risk of diabetes in the coming years, as a To ask Her Majesty’s Government what assessment direct commissioner of services and supporting clinical they have made of how much sand and gravel is commissioning groups (CCGs) in their commissioning used each year to protect the United Kingdom role. coastline. [HL458] Outcomes for people with diabetes will continue to be measured through the NHS Outcomes Framework and the CCG Outcomes Indicator Set, which are both The Parliamentary Under-Secretary of State, Department updated and published annually. Outcomes for people for Environment, Food and Rural Affairs (Lord De Mauley) with diabetes will also be assessed through the National (Con): The Environment Agency holds this information Diabetes Audit, which includes the core audit, the locally and it would be disproportionately costly to national inpatient diabetes audit, the national diabetes collate the records to answer this question accurately pregnancy audit, the national patient experience of in the time allowed. diabetes services survey and the national diabetes foot audit. The latter of these is due to be launched this summer. Developing Countries: Health Services Questions Driving: Licensing Asked by Baroness Tonge Question To ask Her Majesty’s Government with whom Asked by Lord Eames they have had discussions about including Millennium To ask Her Majesty’s Government what assessment Development Goal 5b in the World Health they have made of the impact of the time taken to Organisation’s draft health goal for the post-2015 issue new licences to diabetics who are required framework. [HL382] annually to renew their class C1 driving licences and undertake a medical examination; and whether Baroness Northover (LD): The UK Government they have any plans to expedite the process for such has had discussions with a broad range of interested drivers to renew their licences. [HL512] parties about the importance of including universal access to sexual and reproductive health and rights in The Minister of State, Department for Transport the post-2015 framework, recognising the unfinished (Baroness Kramer) (LD): No formal assessment has business of MDG5b on universal access to reproductive been made on the impact of the time taken to issue a health. These parties include other national governments, category C1 (small lorries) licence to drivers with international organisations and NGOs. diabetes. Asked by Baroness Tonge However, the Driver and Vehicle Licensing Agency (DVLA) has been working with key stakeholders and To ask Her Majesty’s Government what plans has recently reviewed the application process for all they have to advocate the inclusion of Millennium vocational drivers with insulin treated diabetes. As a Development Goal 5b in the World Health result, a pilot exercise is currently being carried out Organisation’s draft health goal for the post-2015 where certain aspects of the application process have framework. [HL383] been streamlined. Further opportunities to speed up the application process will be explored following the conclusion of Baroness Northover: As we have already made clear, the pilot exercise. the UK supports a target to ensure universal access to sexual and reproductive health for all. Language on this is included in the most recent draft goals and Egypt targets list released by the co-chairs of the Open Question Working Group (OWG) on 2 June. Asked by Lord Stone of Blackheath The final targets in the post-2015 development framework will however be subject to international To ask Her Majesty’s Government what is their negotiations in the United Nations, in which the UK assessment of Egypt’s latest parliamentary election will play an active role. laws. [HL470] WA 211 Written Answers[LORDS] Written Answers WA 212

The Senior Minister of State, Department for Communities The Parliamentary Under-Secretary of State, Department and Local Government & Foreign and Commonwealth of Energy and Climate Change (Baroness Verma) (Con): Office (Baroness Warsi) (Con): The new parliamentary We are on track to introduce enabling regulations to law, passed by interim President Adly Mansour, includes have the OLR mechanism in place ahead of the first many changes to the structure of the Egyptian parliament. CfD allocation in Autumn 2014. This will include a The law increases the number of parliamentary seats final version of the Backstop Power Purchase Agreement to 567, with 420 seats being elected by single member (BPPA) contract terms that generators will be entitled constituencies and 120 elected through party lists. to. Generators will therefore have a high degree of The Secretary of State for Foreign and Commonwealth clarity about the arrangements well in advance of the Affairs, my right hon. Friend the Member for Richmond first auctions. We are shortly publishing a draft version (Yorks) (Mr Hague), raised the parliamentary elections of the BPPA contract terms this week to give generators and the need for political inclusiveness with former further clarity on the terms they can expect. Egyptian Foreign Minister Nabil Fahmy on 14 May. Whilst the OLR will be in place, generators will not On 3 June, the Foreign Secretary issued a statement be able to access a Backstop PPA contract immediately, urging Egypt’s leaders to ensure that the transition with BPPA contracts being available from April 2016 leads towards accountable and democratic governance, at the very latest. In light of the time taken to commission underpinned by strong and accountable institutions. projects and the likelihood that a PPA falls away and cannot be replaced, the period between the legislation Energy Supply being in place and the first BPPA contract being Question available is unlikely to have significant impacts in Asked by Lord Bourne of Aberystwyth practice. This process has been tested with stakeholders, including the Offtaker of Last Resort Advisory Group, To ask Her Majesty’s Government what they are and we continue to work with Ofgem to bring forward doing to ensure resilience of energy supply for the the date when the first BPPA contracts can be awarded. United Kingdom and its citizens. [HL549] Asked by Lord Berkeley The Parliamentary Under-Secretary of State, Department To ask Her Majesty’s Government, further to of Energy and Climate Change (Baroness Verma) (Con): the Written Answer by Baroness Verma on 16 June The Government conducts regular assessments to identify (WA 24) on energy prices, in the light of the change risks to energy supply including through the National in language used by the European Commission Risk Assessment and National Security Risk Assessment between its draft and final state aid guidance to processes. Government works closely with the supply reduce the distinction between “mature” and industry and other stakeholders to ensure there are “immature”, and “established”and “less established” appropriate mitigation measures in place to strengthen technologies, what steps they will take to ensure resilience and to protect against risks where it is possible that the current proposals (1) to introduce auctioning and value for money to do so. For example, supplies of of Contracts for Difference (CfDs) for only one power, gas and fuel across the country were robust to particular group of technologies in October 2014, the major flooding earlier this year (though power and (2) to create an enduring regime which allocates supplies to flooded properties must be disconnected CfDs in different ways to different groups of for safety reasons). technologies beyond 2017, will not run contrary to Further, in the event of a situation which threatened the new guidelines, introduced after the commencement to disrupt energy supplies to customers, Government of their consultation process. [HL469] and industry have robust plans in place to manage and respond to such events, which are exercised on a Baroness Verma: The EU ‘Guidelines on State aid regular basis. for environmental protection and energy 2014-2020’, which were adopted in principle on 9 April 2014, set Energy: Prices out a requirement to introduce technology neutral Questions competition for renewable technologies, including a Asked by Lord Berkeley transitional phase, with a number of derogations. In May 2014 the Government confirmed proposals to To ask Her Majesty’s Government, further to move straight to competition for more established the Written Answer by Baroness Verma on 16 June technologies. For less established technologies, if there (WA 23) on energy prices, how they reconcile the is insufficient budget in a CfD allocation round to Department of Energy and Climate Change’s estimate satisfy all bids, a competitive auction will apply. We in paragraph 4.3, page 28 of its February consultation believe our proposals are consistent with the guidelines. on the plans for the offtaker of last resort that “Backstop PPAs [will be] available to generators from early 2016”with the statement made to Parliament Entry Clearances: Palestinians on 4 November 2013 at Report stage of the Energy Question Act 2013 that they intended “a scheme to be in Asked by Baroness Tonge place by the time the first CfDs are signed” in late 2014 (HL Deb, col 25); and whether concerns have To ask Her Majesty’s Government what been raised by independent generators about the investigations they intend to make into the UK distinction between having “a high degree of clarity Border Agency’s refusal of an entry visa to Nabil about the arrangements for OLR” and “a scheme Al-Raee, Artistic Director of Jenin Freedom being in place”. [HL466] Theatre. [HL430] WA 213 Written Answers[30 JUNE 2014] Written Answers WA 214

The Parliamentary Under-Secretary of State, Home Lord Faulks: Her Majesty’s Courts and Tribunals Office (Lord Taylor of Holbeach) (Con): Due to its Service does not record which experts are called to obligations under the Data Protection Act, the Home give evidence in trials, and this information is therefore Office is unable to comment on individual cases. not available.

Forests European Union Question Question Asked by Baroness Royall of Blaisdon Asked by Lord Stoddart of Swindon To ask Her Majesty’s Government what effect they consider that the provisions contained within To ask Her Majesty’s Government, further to clause 21 of the Infrastructure Bill will have on the the Written Statement by Lord Freud on 18 June policy stated in their response to recommendation (WS 91), whether the proposals made by the Council 27 of the Independent Panel on Forestry’s Final of Ministers on 19 June will result in steps towards Report. [HL377] ever-closer union. [HL544] The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell The Parliamentary Under-Secretary of State, Department of Beeston) (Con): There has been some uninformed for Work and Pensions (Lord Freud) (Con): The Council and misleading speculation on this issue, as I am of Ministers meeting on 19 June on Employment and happy to make clear that the Infrastructure Bill’s provisions Social Policy covered ongoing discussions on a number will have no impact on the Public Forest Estate. This of dossiers which may feed into wider Council point was also made by my noble Friend, Baroness negotiations. Kramer, during Second Reading on 18 June 2014, Official Report, Column 899. Clause 21 of the Infrastructure Bill is completely unconnected to the Government’s stated policy to Expert Evidence establish a new public body to hold the Public Forest Questions Estate. Asked by Lord Maginnis of Drumglass The Government has no intention of transferring land from the new body to the Homes and Communities To ask Her Majesty’s Government whether, in Agency, as the Public Forest Estate is currently in use the light of the allegations made regarding expert and not declared surplus. As such, the powers will not witnesses in the BBC Panorama programme Justice be used in relation to this body and will therefore have for Sale, broadcast on 9 June, they intend to revise no effect on it. the rules regarding the use of expert witnesses in Instead, Clause 21 simply enables surplus land to criminal trials. [HL413] transfer directly from named public bodies directly to the Homes and Communities Agency, rather than being transferred into the ownership of a Whitehall The Minister of State, Ministry of Justice (Lord department first, saving unnecessary bureaucracy. The Faulks) (Con): There is no place in the justice system underlying policy intention is to make it easier for for corrupt expert witnesses. Those who are found surplus and redundant brownfield land to be sold and guilty can face prosecution for perjury, or for perverting help build more homes. the course of justice which carries the maximum penalty The Clause 21 arrangements will only apply to of a life sentence. public bodies included on a list set out in secondary Following the Government’s response to the Law legislation. I can confirm that this list will not include Commission’s report into Expert Evidence, the Criminal the new body to hold the Public Forest Estate. Procedure Rule Committee was asked to make changes to the Rules which will clarify the duties of expert Free Schools witnesses and remind the parties, and the courts, of Question the vital importance of distinguishing between those conclusions that expert evidence can support, and Asked by Lord Storey those which it cannot. The Committee has agreed to To ask Her Majesty’s Government, further to do so and I expect these new Rules to come into force the remarks by Lord Nash on 14 May (HL Deb, in October. col 1863), that governors are responsible for improving Asked by Lord Maginnis of Drumglass failing free schools, in what ways they will ensure that governors receive adequate support to do so To ask Her Majesty’s Government whether, in from the Department for Education. [HL566] the light of the allegations made regarding expert witnesses in the BBC Panorama programme Justice The Parliamentary Under-Secretary of State for for Sale, broadcast on 9 June, they will review and Schools (Lord Nash) (Con): The National College for publish a list of the occasions on which the expert Teaching and Leadership provides a package of support witnesses identified in that programme gave evidence for Governors, which includes National Leaders of under oath in criminal trials since June 2010.[HL414] Governance, a development programme for chairs WA 215 Written Answers[LORDS] Written Answers WA 216 and workshops for governors. These are capacity building Fines imposed on departments have had a minimal interventions to improve governance, including in free impact on the Government’s overall resources. schools. Accounting Officers are responsible for ensuring The Governors’ Handbook sets out clear expectations that their departments meet specific standards, as set for governors, particularly in relation to their core out in Managing Public Money. The Chief Secretary strategic functions. will write to the Secretaries of State and the Head of the Civil Service where he is concerned that Accounting Officers may fall short in fulfilling their responsibilities Fuels: Tax Evasion for managing public money. Should an Accounting Question Officer fall short of the standards required he or she may have their designation as Accounting Officer Asked by Viscount Bridgeman withdrawn, which may lead to termination of employment. To ask Her Majesty’s Government what steps [1] https://www.gov.uk/government/publications/managing-public-money they are taking to address cross-border smuggling [2] https://www.gov.uk/government/publications/consolidated-budgeting of diesel fuel between the Republic of Ireland and -guidance Northern Ireland. [HL412] [3] https://www.gov.uk/government/publications/improving-spending- control The Commercial Secretary to the Treasury (Lord Deighton) (Con): A range of measures are in place to detect and deter cross border smuggling of diesel Highways Agency between the Republic and Ireland and Northern Ireland. Question These include investigative work on either side of the border, for example checking of documentation, and Asked by Baroness Whitaker acting on intelligence received. This is augmented by To ask Her Majesty’s Government what criteria close cooperation and information sharing by the with respect to good design they intend to establish HMRC, the Irish Revenue Commissioners and other in their new plans for the Highway Agency. [HL354] relevant agencies. Additionally, HMRC fights fraud on a wide range of fronts, from special units performing thousands of The Minister of State, Department for Transport roadside checks to raiding laundering plants. The UK (Baroness Kramer) (LD): It is government policy that has recently announced, jointly with Ireland, an improved our major road improvements should follow good new marker for rebated fuel, which will make it much design principles. For example, in “Action for Roads” harder to launder marked fuel and sell it at a profit. we made it clear that any improvements to the network must be made in a way that supports the nation’s overall quality of life. This means that our strategy for Government Departments: Fines roads, and detail requirements will need to: Question Be designed to minimise environmental impacts Asked by Lord Higgins and, where possible, tackle existing problems. Build on existing cooperation with organisations To ask Her Majesty’s Government, further to like Natural England to find the best solutions to the reply by Lord Newby on 17 June (HL Deb, environmental challenges. col 788), by what authority HM Treasury imposes Continue to work in a planning framework which fines on other departments; for what reasons such protects the wider environment. fines may be imposed; what the effect of such fines are on the Government’s overall resources; and We are establishing the first Roads Investment Strategy, whether any disciplinary action is taken against which includes a performance specification for the officials found to be responsible for incurring such new strategic highways company. This will aim to fines. [HL436] ensure that the company’s design and delivery activities align with the overall goals that government has for the Strategic Road Network (SRN). Good design, The Commercial Secretary to the Treasury (Lord including how the SRN interfaces with built environments Deighton) (Con): The Treasury is responsible for ensuring and impacts on quality of life, will need to be an there is proper accountability to Parliament for the use important element of both the process and the of public money. It is responsible for setting the ground implementation. rules for the administration of public money and is accountable to Parliament for doing so. The guidelines for managing public expenditure have been set out in a number of documents published Housing: Construction by the Treasury, including Managing Public Money[1], Question the Consolidated Budgeting Guidance[2] and Improving Asked by Lord Patten Spending Control[3]. They set out the circumstances where the Treasury may impose fines or penalties on To ask Her Majesty’s Government how many departments. In all cases, the Treasury retains the right households have been formed and how many housing to apply whatever penalties are appropriate to incentivise units have been built in England in each of the last good financial management and value for money. 10 years. [HL362] WA 217 Written Answers[30 JUNE 2014] Written Answers WA 218

The Parliamentary Under-Secretary of State, Department Iran for Communities and Local Government (Baroness Stowell Question of Beeston) (Con): Annual statistics on house building completions by tenure in England are published in the Asked by Lord Temple-Morris Department’s live tables 209 (financial year) and 244 (calendar year), which are available at the following To ask Her Majesty’s Government what is their link. latest estimate of the effect of sanctions on Iran on exports from (1) the United Kingdom, and (2) the http://www.gov.uk/government/statistical-data- European Union. [HL393] sets/live-tables-on-house-building Estimates of numbers of households in 2001 and 2011 are published in the Department’s live table 401, The Senior Minister of State, Department for Communities which is available at the following link. and Local Government & Foreign and Commonwealth http://www.gov.uk/government/statistical-data- Office (Baroness Warsi) (Con): A significant set of EU, sets/live-tables-on-household-projections UN and US sanctions have been imposed on Iran because of its nuclear programme. UK exports to Iran Annual statistics on net housing supply in England, fell to £79 million in 2013, down from £100 million in which as well as house building include change of use 2012, and £180 million in 2011. EU exports to Iran and conversions, are published in the Department’s have also fallen, totalling ¤5.4 billion in 2013. This is live table 120 (financial year) which is available at the down from ¤7.4 billion in 2012, and ¤10.5 billion in following link. 2011. http://www.gov.uk/government/statistical-data- sets/live-tables-on-net-supply-of-housing Israel Question Immunity Certificates Asked by Lord Hylton Question To ask Her Majesty’s Government what Asked by Lord Beecham representations they have made or will make to the government of Israel concerning prisoners and To ask Her Majesty’s Government in how many detainees now on hunger strike; and whether they cases since the passage of the Justice and Security will ask for a review process for the release of those Act 2013 the public interest immunity procedure held under administrative orders. [HL423] has been invoked; and how much compensation has been paid as a result. [HL348] The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): Officials in our Consulate The Minister of State, Ministry of Justice (Lord General in Jerusalem have monitored the cases of Faulks) (Con): The Public Interest Immunity procedure Palestinian prisoners on hunger strike and have been may be used in a wide variety of court proceedings in regular contact with the Prisoners Affairs Ministry and as such no central record exists of its application. in the Palestinian Authority and relevant non-governmental organisations. Officials raised our concerns over prisoners with the Israeli National Security Council on 17 June. We have previously lobbied the Israeli authorities to ensure that the rights of those on hunger strike to Invalid Vehicles receive medical care of their choice and family visits be Question respected, and encouraged all sides to reach a solution Asked by Baroness Thomas of Winchester that prevents loss of life. To ask Her Majesty’s Government what they are doing to ensure greater take-up of insurance cover by mobility scooter users, and to encourage more Medals training in the use of scooters. [HL531] Question Asked by Lord Ashcroft To ask Her Majesty’s Government, further to The Minister of State, Department for Transport the Written Answer by Lord Wallace of Saltaire on (Baroness Kramer) (LD): The Government has issued 24 June (WA 146), whether they will now answer guidance for users of mobility scooters and powered the question as originally put. [HL659] wheelchairs which recommends that they take out insurance cover and undertake formal training. The guidance is available at online at: Lord Wallace of Saltaire (LD): All military and www.gov.uk/government/publications/mobility- civilian gallantry awards may be awarded posthumously; scooters-and-powered-wheelchairs-on-the-road- honours made in the Orders of Knighthood may not some-guidance-for-users be awarded posthumously. WA 219 Written Answers[LORDS] Written Answers WA 220

Middle East plans to engage in a review of the past 25 years of EU Questions spending in the region, but past spending is reviewed in the yearly Court of Auditors Report, and the UK Asked by Baroness Tonge works closely with EU institutions to monitor the uses of EU expenditure in Israel and the OPTs. To ask Her Majesty’s Government what discussions they have had with the government of Israel concerning Asked by Lord Hylton recent reports of violence in Al-Jalazoun refugee camp, and the launch of air strikes against Gaza. To ask Her Majesty’s Government what assessment [HL425] they have made of the relevance of the Arab League Peace Initiative to the stability of the Middle East. The Senior Minister of State, Department for Communities [HL495] and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): The violence in the Baroness Warsi: We assess that the Arab Peace Al-Jalazoun refugee camp was raised in a recent discussion Initiative, through its offer of the normalisation of between officials from our Embassy in Tel Aviv and relations between Arab states and Israel in the event of the Israeli National Security Council. The Government a comprehensive peace agreement, is highly relevant has called on all parties to respect in full the November to the stability of the Middle East. During the 3rd EU- 2012 Gaza ceasefire. Arab League Summit in Athens on 11 June the Minister Asked by Baroness Tonge of State for Foreign and Commonwealth Affairs, my right hon. Friend the Member for Faversham and Mid Toask Her Majesty’s Government what assessment Kent (Mr Robertson), reaffirmed our support for the they have made of the prospect of a third intifada; Arab Peace Initiative as an important signal of the and what discussions they have had with the government benefits a comprehensive peace deal would bring for of Israel concerning the possibility. [HL426] the entire region.

Baroness Warsi: The Government has not made any assessment of the prospect of a third intifada. National Insurance Contributions Asked by Lord Hylton Questions To ask Her Majesty’s Government what steps Asked by Lord Christopher they are taking to create trust between Israelis and Palestinians; what United Kingdom and European To ask Her Majesty’s Government how much Union funds are earmarked for that purpose; and is raised annually from National Insurance what discussions they have had with relevant British contributions. [HL486] non-governmental organisations about trust- building. [HL492] The Commercial Secretary to the Treasury (Lord Deighton) (Con): Information on monthly and annual Baroness Warsi: The British Government recognises receipts of National Insurance contributions is published the importance of building trust between Israelis and in table HM Revenue and Customs Receipts on the Palestinians, and supports a number of initiatives GOV.UK website. aimed at that purpose. Fostering co-existence is a key objective of our £4 million conflict pool, which is A link to the most recent publication is given below. available in Israel and the Occupied Territories. The https://www.gov.uk/government/uploads/system/ UK also supports projects through the EU, such as uploads/attachment_data/file/321069/ through the EU Partnership for Peace programme, 20140610_Maymonthlyreceipts.pdf which aims to build trust and understanding in the Asked by Lord Christopher region in order to create the conditions for peace. The Government remains engaged with a range of non- To ask Her Majesty’s Government whether they governmental organisations in order to take forward make public how National Insurance contributions peace-building initiatives, including those focused on are distributed and to which expenditure; and, if so, building trust. how National Insurance contributions are dispersed. Asked by Lord Hylton [HL487] To ask Her Majesty’s Government what discussions they intend to have with institutions of the European Lord Deighton: The destination of National Insurance Union regarding the uses of European Union contributions (NICs) is set out in Section 162 of the expenditure in Israel and Palestine during the last Social Security Administration Act 1992 and Section 142 25 years. [HL494] of the Social Security (Northern Ireland) Administration Act 1992. NICs are paid into the National Insurance Baroness Warsi: The Government engages with EU Funds (NIF) after deducting the appropriate NHS institutions through the relevant management committees allocation. Contributory benefits are paid out of the to approve all EU expenditure in Israel and the Occupied Funds and the amounts are published in the National Palestinian Territories (OPTs), and seeks to ensure Insurance Fund Accounts[1]. that EU expenditure is targeted where it is most needed [1] https://www.gov.uk/government/publications/ in order to maximise impact. There are currently no national-insurance-fund-accounts WA 221 Written Answers[30 JUNE 2014] Written Answers WA 222

NHS: Finance Occupied Territories Question Question Asked by Lord Taylor of Warwick Asked by Baroness Tonge To ask Her Majesty’s Government whether and To ask Her Majesty’s Government whether they how they plan to respond to the British Medical have informed businesses operating in Israel and Association’s vote on 23 June to resist NHS Palestine of their revised guidance on overseas business [HL596] cuts. risk discouraging trade in illegal settlements.[HL429] The Parliamentary Under-Secretary of State, Department of Health (Earl Howe) (Con): National health service The Senior Minister of State, Department for Communities funding in England has not been cut – over the last and Local Government & Foreign and Commonwealth four years the NHS has received annual real terms Office (Baroness Warsi) (Con): The UK Trade and growth. Funding is £12.7 billion higher in cash terms Investment-Foreign and Commonwealth Office Overseas in 2014-15 than in 2010-11. The NHS is on track to Business Risk website is the forum through which make up to £20 billion efficiency savings this parliament HMG raises awareness of the key security and political to reinvest into frontline care and we are confident that risks which British businesses may face when operating it will continue to make the efficiency improvements abroad. Whenever asked by British businesses about necessary to meet rising demand. settlements, we set out the UK’s clear position on the illegality of Israeli settlements under international law, and share with them our advice as set out in the online North Korea guidance. The approach we take to disseminating the Question voluntary guidance with respect to Israel and the Occupied Asked by Lord Alton of Liverpool Palestinian Territories is the same as that we take with respect to any of the other countries covered by the To ask Her Majesty’s Government whether they website. intend to seek a United Nations Security Council Resolution on the human rights situation in North Korea, following the findings of the United Nations Commission of Inquiry; and if so, whether they Palestinians will sponsor such a Resolution if it appears to face Questions resistance from Russia or China. [HL372] Asked by Lord Hylton The Senior Minister of State, Department for Communities To ask Her Majesty’s Government whether they and Local Government & Foreign and Commonwealth will seek to re-activate the provisions concerning Office (Baroness Warsi) (Con): The UK believes strongly Gaza of the 2005 Agreement on Movement and that there should be no impunity for serious international Access. [HL422] crimes, such as those which the Commission of Inquiry found are being committed in the Democratic People’s The Senior Minister of State, Department for Communities Republic of Korea (DPRK). We played an active role and Local Government & Foreign and Commonwealth in ensuring a strong DPRK resolution at the March Office (Baroness Warsi) (Con): The Government continues UN Human Rights Council, including a call for the to press the parties to make progress in Gaza, including UN General Assembly to submit the report of the provisions contained in the 2005 Agreement on Movement Commission of Inquiry to the UN Security Council and Access. In particular, we continue to press Israel to for its consideration and appropriate action. In April ease movement and access restrictions for goods and we and other Security Council members took part in a people. public “Arria” briefing by the Commission. This was the first time the Security Council had considered Asked by Baroness Tonge DPRK human rights in this way. We also raised the need for a continued focus on human rights during a To ask Her Majesty’s Government what, if any, UN Security Council Sanctions Committee meeting in contribution the United Kingdom could make towards May. discovery of the group responsible for the three On June 18 the Minister of State, my Rt Hon kidnapped Israeli settler teenagers; and what discussions Friend the Member for East Devon (Mr Swire), visited they have held with the Israeli Prime Minister Geneva, where he took part in an Interactive Dialogue concerning his analysis of the situation. [HL427] with the Special Rapporteur on Human Rights in the DPRK, Mr Mazuki Darusman. Mr Swire also raised Baroness Warsi: The Secretary of State for Foreign the importance of DPRK human rights with the UN and Commonwealth Affairs, my right honourable Friend Secretary General, Ban Ki-moon and stressed the the Member for Richmond (Yorks) (Mr Hague), spoke importance of UN action. The next step will be to to the Israeli Foreign Minister on 17 June about ensure there is an appropriate focus on DPRK human this issue. The Minister of State for Foreign and rights at this autumn’s UN General Assembly (UNGA) Commonwealth Affairs, my right hon. Friend the session and that there is a strong DPRK resolution, Member for Faversham and Mid Kent (Mr Robertson), strongly supported, in the UNGA Third Committee. discussed the issue at length with both sides during his We will keep the prospect of a UNSC Resolution recent visit to the region on 17-19 June. We have under review. offered practical support. WA 223 Written Answers[LORDS] Written Answers WA 224

Asked by Baroness Tonge Number of full-time equivalent Police community support officers (PCSOs) by police force area, English region and Wales, as at 30 September 20131 To ask Her Majesty’s Government what support they will give to the new unity government in Palestine; Police force area, English region and Wales PCSOs and what action they plan to take to support the stabilisation of the West Bank and Gaza. [HL428] North East 561 Cleveland 158 Durham 157 Baroness Warsi: The British Government welcomed Northumbria 246 the announcement on the formation of a new interim North West 1,750 technocratic government for the Occupied Palestinian Cheshire 202 Territories (OPTs). Through Department for International Cumbria 86 Development funding of £130 million for 2011-15, the Greater Manchester 787 UK supports the Palestinian Authority (PA) in building Lancashire 353 and maintaining the institutions needed for a future Merseyside 321 Palestinian state. Support to the PA is vital for maintaining Yorkshire and the Humber 1,458 stability on the ground through continued service delivery Humberside 290 for Palestinians and security co-operation with Israel. North Yorkshire 174 We have made clear that our continued support will South Yorkshire 327 rest on the new government’s ability to live up to its West Yorkshire 666 commitments to the principle of non-violence and East Midlands 972 acceptance of all previous agreements and obligations, Derbyshire 172 including Israel’s legitimate right to exist. In addition, Leicestershire 236 through the tri-departmental Conflict Pool, the UK supports peace and stability by funding projects in Lincolnshire 142 Israel and the OPTs with a budget of £4 million for Northamptonshire 130 2014-15. Nottinghamshire 292 West Midlands 1,213 Staffordshire 209 Warwickshire 107 Passports West Mercia 240 Question West Midlands 656 Asked by Lord Bourne of Aberystwyth Eastern 1,212 Bedfordshire 103 To ask Her Majesty’s Government what they are Cambridgeshire 165 doing to ensure that there is no excessive delay in Essex 318 issuing passports. [HL200] Hertfordshire 207 Norfolk 252 Suffolk 167 The Parliamentary Under-Secretary of State, Home London 2,380 Office (Lord Taylor of Holbeach) (Con): As My Rt. Hon. London, City of 15 Friend the Home Secretary explained in the House on Metropolitan Police 2,365 12 June, we have agreed a range of measures to deal South East 1,721 with the current high levels of demand for passports. I Hampshire 335 refer the noble Lord to the answer given on 12 June Kent 332 2014, Official Report, columns 693 and 694. Surrey 199 Sussex 371 Thames Valley 484 Police Community Support Officers South West 1,159 Question Avon & Somerset 355 Devon & Cornwall 422 Asked by Lord Bradley Dorset 133 To ask Her Majesty’s Government how many Gloucestershire 123 Community Support Officers there are nationally, Wiltshire 127 and how they are distributed across police forces. Wales 1,127 [HL576] Dyfed-Powys 142 Gwent 213 North Wales 266 The Parliamentary Under-Secretary of State, Home South Wales 506 Office (Lord Taylor of Holbeach) (Con): The figures Total 43 forces 13,552 provided show the number of full-time equivalent police community support officers in each police force area, English region and Wales, as at 30 September 2013. 1 The figures are presented to the nearest whole number. Due to Figures as at 31 March 2014 are due to be published rounding, there may appear to be small discrepancies between on 17 July 2014. the totals and the sums of the constituent items. WA 225 Written Answers[30 JUNE 2014] Written Answers WA 226

Prerogative of Mercy The Minister of State, Department for Transport Question (Baroness Kramer) (LD): The co-operation agreement (Memorandum of Understanding) between the United Asked by Lord Empey Kingdom and China signed on 18 June is designed to promote mutual commercial co-operation and business- To ask Her Majesty’s Government what to-business collaboration in the field of rail transport arrangements are in place for a person who was where this is deemed to be mutually beneficial. granted a royal pardon between 1987 and 1997 to resist a subsequent prosecution for the crime for The agreement contains no contracts and reinforces which that person has been pardoned in the event the concept of a fair and level playing field in line with of new evidence emerging and the lack of knowledge international and domestic law concerning the by the prosecuting authorities of the existence of transparency of public procurement and the supply of such a pardon given the absence of records of such products or services. pardons having been granted. [HL288] The United Kingdom remains open to international investment and welcomes suitably qualified companies The Parliamentary Under-Secretary of State, Wales from other countries, including China, to participate Office (Baroness Randerson) (LD): Following a search in our rail market. Companies from China, or any of the records held by the Northern Ireland Office, no other country, will not receive any priority in the evidence has been found to indicate that between 1987 award of contracts and the expanding railway market and 1997, the RPM was used to do anything other in China represents a significant opportunity for the than to remit (i.e. shorten) the sentences of individuals United Kingdom to export its wealth of experience who had already been convicted of offences. It is and expertise in this area. therefore the release from custody that demonstrates the exercise of the RPM. River Thames: Freight Question Private Investigators Asked by Lord Kennedy of Southwark Questions To ask Her Majesty’s Government what assessment Asked by Baroness Henig they have made of the potential for greater use of To ask Her Majesty’s Government when they Thames to move freight. [HL461] will bring forward the necessary regulations to license private investigation, as announced by the Home The Minister of State, Department for Transport Secretary in 2013. [HL589] (Baroness Kramer) (LD): Transport for London has assessed the potential use of the Thames and other To ask Her Majesty’s Government what waterways in their London Freight Plan. The Port of arrangements they plan to put in place to ensure London Authority (PLA), the Mayor of London / that private investigation businesses are properly Greater London Authority (GLA), Transport for London regulated and held to account. [HL590] (TfL) and their partners in the public and private To ask Her Majesty’s Government, further to the sectors have been working to encourage greater use of remarks by Lord Taylor of Holbeach on 20 January the Thames for the movement of freight, including (HL Deb, col 523), what progress has been made on that associated with infrastructure products in central licensing for the private security industry. [HL591] London such as Crossrail, the Tideway Tunnel and Blackfriars Station. The Parliamentary Under-Secretary of State, Home The Department for Transport’s Mode Shift Revenue Office (Lord Taylor of Holbeach) (Con): We expect the Support Scheme provides grants to assist companies regulations to license the activity of private investigations with the costs associated with running inland water to come into force in 2015. freight transport instead of road, where inland waterway We also expect the introduction of the statutory is more expensive. Grant support is being provided for licensing of private security businesses to come into a freight service on the Thames between Denton and force in 2015, followed thereafter by private investigation Silvertown. businesses. We are continuing to work with the Security Industry Authority and industry on both regulations. Schools: Construction Question Railways: China Asked by Lord Storey Question To ask Her Majesty’s Government what proportion Asked by Lord Berkeley of new primary and secondary schools were built in To ask Her Majesty’s Government what parts of academic years 2010–11, 2011–12, 2012–13, and so the rail industry and contracts are included in the far in 2013–14. [HL563] co-operation agreement between the United Kingdom and China announced on 18 June; and whether The Parliamentary Under-Secretary of State for Schools Chinese companies will be given any priorities in (Lord Nash) (Con): Local authorities are responsible the award of contracts. [HL514] for ensuring there are sufficient places available within WA 227 Written Answers[LORDS] Written Answers WA 228 an area. We have allocated over £5 billion of funding [1] https://www.gov.uk/government/publications/income-of-individuals to local authorities in this parliament, leading to the -with-self-employment-sources-2010-to-2011 creation of 260,000 new school places by May 2013, with many more in the pipeline. Shipping: Training We do not hold a central record of all new schools Question built by local authorities to provide these places since 2010. Asked by Lord MacKenzie of Culkein We do, however, hold information on the number To ask Her Majesty’s Government what assessment of new schools funded through the government’s Free they have made as to whether the present level of School programme, University Technical Colleges and United Kingdom seafarer training is sufficient to Studio Schools and through other centrally managed prevent long-term shortages of seafarers. [HL599] programmes:

Special The Minister of State, Department for Transport Educational (Baroness Kramer) (LD): The maritime sector is vitally Needs/ important to the UK economy and the Government is All Alternative Year Primary Secondary through Provision keen for talented individuals, trained to the highest standards, to continue to enter the industry. The 2010-11 0 4 0 0 Government produces and publishes National Statistics 2011-12 17 10 2 0 on the number of UK certificated seafarers and ratings 2012-13 19 40 7 7 currently estimated to be active at sea and on the 2013-14 35 58 9 19 number of sea cadets in training. The Department for Transport carefully monitors these statistics each year In addition to the expenditure on new schools, we (or when updates are available). continue to invest in our existing school estate to It is evident that there is a decline in seafarer renew buildings in poor condition. numbers and this was a key subject of discussion at a recent Maritime round table which included Ministers and representatives from industry and the Unions. To Schools: Libraries address this decline, the Support for Maritime Training Question programme (SMarT) budget was increased by 25% to Asked by Lord Bourne of Aberystwyth £15m in September 2013. The SMarT budget supports the cost of training for both ratings and cadets. To ask Her Majesty’s Government what steps The Government also has a number of other policies they are taking to ensure that every school has a in place to address the decline including: library. [HL547] Maritime apprenticeships, where the maritime sector is playing a key role in helping shape the The Parliamentary Under-Secretary of State for future of apprenticeships through a ratings Schools (Lord Nash) (Con): We strongly support school trailblazer which was announced in March 2014. libraries and are aware of the important role they play The UK’s tonnage tax regime has a mandatory in improving literacy and encouraging young people training link where currently one trainee officer is to read for pleasure. In line with our approach to trained each year for every 15 officer posts in a giving schools in England greater freedom, we believe company or group’s fleet. This training link will that it should be for headteachers to decide how to pilot an extension to allow three ratings to be provide a library service for their pupils. Many trained in place of one trainee officer. headteachers recognise the role libraries can play in improving young people’s literacy and ensure that suitable library facilities are provided. Social Services: Human Rights Question Self-employed Asked by Lord Low of Dalston Question To ask Her Majesty’s Government when they Asked by Lord Christopher will make available to Parliament their assessment of the impact of the stronger regulatory powers To ask Her Majesty’s Government how many available to the Care Quality Commission since self-employed workers were registered with HM 2008 on the provision of more human-rights compatible Revenue and Customs at the end of each financial care to all service users, including the evidence on year since 2010–11. [HL488] which that assessment is based, as recommended by the Joint Committee on Human Rights in its report The Commercial Secretary to the Treasury (Lord Legislative Scrutiny: Care Bill (11th Report, Session Deighton) (Con): Estimates for the number of individuals 2013–14, HL Paper 121). [HL498] with self employment sources are published in HMRC’s National Statistics Table 3.10[1]. These estimates are The Parliamentary Under-Secretary of State, Department based on the Survey of Personal Incomes for which of Health (Earl Howe) (Con): The Care Quality Commission 2011-12 is the latest available year. (CQC) is the independent regulator of health and WA 229 Written Answers[30 JUNE 2014] Written Answers WA 230 adult social care providers in England. Under the Enforcement action around Regulation 17 in 2012-13 Health and Social Care Act 2008 (2008 Act) all providers of regulated activities have to register with the CQC Other social care services 4 and meet a set of requirements of safety and quality. Total 48 As the CQC is a public authority it has a legal obligation in relation to protecting, respecting and fulfilling people’s The CQC’s consultation ‘ANew Start’, in June 2013 rights under the Human Rights Act 1998 (1998 Act). on how it regulates, inspects and rates services included a section on how Human Rights would be protected If a provider fails to meet these requirements the by changes to its regulatory model. To accompany the CQC has a wide range of enforcement powers that it consultation, the CQC produced a draft document can use to protect patients and service users from the entitled, ‘Equality and Human Rights Duties Impact risk of poor care. Analysis (decision making and policies)’, to give more The CQC has advised that it has taken the following detail about the impact of the proposed changes on published enforcement action during the financial year equality and human rights and how they would promote 2013-14. equality and human rights for people who use health - The CQC undertook two urgent cancellations of and social care services. providers’ registration; The CQC also consulted on its approach to human - The CQC undertook 53 cancellations of providers’ rights as part of a broader consultation on changes to registration; regulation of care services. The CQC explained its proposed strategy for delivering on its commitment to - The CQC imposed a condition on a provider on promote equality, diversity and human rights in its 45 occasions; regulatory work; to provide detail about what the - The CQC varied a provider’s condition of strategy will mean in practice; and to receive feedback registration on 13 occasions; from important stakeholders. - The CQC undertook an urgent variation of a The CQC held the consultation between 9 April provider’s conditions of registration on 13 occasions; 2014 and 4 June 2014. The CQC will respond to the - The CQC imposed 1,269 warning notices on results of the consultation in September 2014. providers and 18,408 compliance actions on providers; The consultation can be found at the following web and link: - The CQC issued over 500 fixed penalty notices. www.cqc.org.uk/sites/default/files/20140406_our_ The CQC monitors and inspects health and social human_rights_approach_public_consultation_final.pdf care providers under regulations which stipulate that In January 2014 the CQC published ‘Equality Counts’, providers must deliver care and treatment to people a report providing information about equality in its with due regard to their age, sex, religion, sexual workforce and for people who are affected by its orientation, race, cultural and linguistic background regulatory policies and practices. The CQC will use and disability (Regulation 17). the information in this report to drive its work in promoting equality and human rights, both in its Where services do not meet standards for Regulation regulatory functions and as an employer. The CQC 17, the CQC sets compliance actions and monitors will continue to develop its new approach to ensure whether providers have taken action to meet the standard. equality in different types of health and social care If they have not, the CQC may take enforcement services. action. Between 1 October 2012 and 30 September 2013, the CQC found 48 services did not comply with Regulation 17, leading to enforcement action. This UK Border Force enforcement action is set out in the following table. Question Asked by Lord Eames Enforcement action around Regulation 17 in 2012-13

Acute hospitals 1 To ask Her Majesty’s Government how many serving members of the UK Border Force were Mental health hospitals/ 2 hospitals for people with a suspended from duty in 2012 and 2013; and for learning disability what reasons. [HL610] General practitioners 0 The Parliamentary Under-Secretary of State, Home Dentists 2 Office (Lord Taylor of Holbeach) (Con): The requested Care homes 36 information cannot not be released as the number is Home care agencies 3 fewer than five.

Monday 30 June 2014

ALPHABETICAL INDEX TO WRITTEN STATEMENTS

Col. No. Col. No. Afghanistan: Gifting ...... 143 EU: Employment, Social Policy, Health and Consumer Affairs Council ...... 147 Armed Forces: Reserve Forces ...... 143 EU: Foreign Affairs and General Affairs Councils ...... 148 Armed Forces: Service Inquiry...... 144 Inquiries Act 2005...... 153 Child Maintenance ...... 144

ECOFIN...... 145 Legislation: Criminal Justice and Courts Bill...... 153

EU: Asylum...... 146 Railways: Franchises...... 155

Monday 30 June 2014

ALPHABETICAL INDEX TO WRITTEN ANSWERS

Col. No. Col. No. Affordable Housing ...... 205 Highways Agency ...... 216

Aggregates ...... 206 Housing: Construction ...... 216

Alcoholic Drinks and Drugs...... 206 Immunity Certificates ...... 217

Autism ...... 207 Invalid Vehicles...... 217

BRIC Countries...... 207 Iran...... 218

CDC ...... 208 Israel...... 218

Channel Tunnel ...... 208 Medals...... 218

Closed Material Procedures ...... 208 Middle East ...... 219

Coastal Areas: Flood Control...... 209 National Insurance Contributions ...... 220

Developing Countries: Health Services...... 209 NHS: Finance...... 221

Diabetes...... 210 North Korea ...... 221

Driving: Licensing ...... 210 Occupied Territories ...... 222

Egypt ...... 210 Palestinians...... 222

Energy: Prices ...... 211 Passports ...... 223

Energy Supply...... 211 Police Community Support Officers ...... 223

Entry Clearances: Palestinians...... 212 Prerogative of Mercy ...... 225

European Union ...... 213 Private Investigators...... 225

Expert Evidence...... 213 Railways: China...... 225

Forests ...... 214 River Thames: Freight ...... 226

Free Schools ...... 214 Schools: Construction...... 226

Fuels: Tax Evasion...... 215 Schools: Libraries ...... 227

Government Departments: Fines...... 215 Self-employed ...... 227 Col. No. Col. No. Shipping: Training ...... 228 UK Border Force...... 230 Social Services: Human Rights ...... 228 NUMERICAL INDEX TO WRITTEN ANSWERS

Col. No. Col. No. [HL200] ...... 223 [HL459] ...... 206

[HL288] ...... 225 [HL461] ...... 226

[HL347] ...... 208 [HL466] ...... 211

[HL348] ...... 217 [HL469] ...... 212

[HL354] ...... 216 [HL470] ...... 210

[HL362] ...... 216 [HL486] ...... 220

[HL372] ...... 221 [HL487] ...... 220

[HL377] ...... 214 [HL488] ...... 227

[HL382] ...... 209 [HL492] ...... 219

[HL383] ...... 209 [HL494] ...... 219

[HL393] ...... 218 [HL495] ...... 220

[HL400] ...... 210 [HL498] ...... 228

[HL406] ...... 205 [HL512] ...... 210

[HL412] ...... 215 [HL514] ...... 225

[HL413] ...... 213 [HL531] ...... 217 [HL544] ...... 213 [HL414] ...... 213 [HL547] ...... 227 [HL418] ...... 206 [HL549] ...... 211 [HL420] ...... 207 [HL563] ...... 226 [HL422] ...... 222 [HL566] ...... 214 [HL423] ...... 218 [HL576] ...... 223 [HL425] ...... 219 [HL589] ...... 225 [HL426] ...... 219 [HL590] ...... 225 [HL427] ...... 222 [HL591] ...... 225 [HL428] ...... 223 [HL596] ...... 221 [HL429] ...... 222 [HL599] ...... 228

[HL430] ...... 212 [HL610] ...... 230

[HL432] ...... 208 [HL630] ...... 208

[HL436] ...... 215 [HL634] ...... 207

[HL458] ...... 209 [HL659] ...... 218 Volume 754 Monday No. 16 30 June 2014

CONTENTS

Monday 30 June 2014

Questions Health: Multiple Sclerosis...... 1527 Busking ...... 1529 Education: Citizenship Studies ...... 1531 Disabled Students’ Allowance ...... 1535

Co-operative and Community Benefit Societies and Credit Unions Act 2010 (Consequential Amendments) Regulations 2014 Motion to Approve...... 1537

Legislative Reform (Clinical Commissioning Groups) Order 2014 Motion to Approve...... 1537

Criminal Justice and Courts Bill Second Reading...... 1537

EU Council June 2014 Statement...... 1572

Criminal Justice and Courts Bill Second Reading (Continued)...... 1583

Grand Committee

Financial Services and Markets Act 2000 (Regulated Activities) (Green Deal) (Amendment) Order 2014 Motion to Consider...... GC 191

Banking Act 2009 (Banking Group Companies) Order 2014 Motion to Consider ...... GC 194

Banking Act 2009 (Exclusion of Investment Firms of a Specified Description) Order 2014 Banking Act 2009 (Restriction of Partial Property Transfers) (Recognised Central Counterparties) Order 2014 Motions to Consider ...... GC 202

Banking Act 2009 (Third Party Compensation Arrangements for Partial Property Transfers) (Amendment) Regulations 2014 Anonymous Registration (Northern Ireland) (No. 2) Order 2014 Motions to Consider ...... GC 203

Donations to Candidates (Anonymous Registration) Regulations 2014 European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 Motions to Consider ...... GC 207

Northern Ireland Assembly (Elections) (Amendment) Order 2014 Representation of the People (Northern Ireland) (Amendment) Regulations 2014 Health Care and Associated Professions (Indemnity Arrangements) Order 2014 Motions to Consider ...... GC 208

United Nations International Widows’ Day Motion to Consider ...... GC 216 Written Statements ...... WS 143 Written Answers ...... WA 205