That an Humble Address be presented to Her Majesty as follows:
“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament.”
My Lords, it is a privilege to open the third day of debate on Her Majesty’s most gracious Speech. I begin by wishing all noble Lords a happy and prosperous new year.
The focus of today’s debate on home affairs, justice, constitutional affairs and devolved affairs will enable us to explore some of the key themes of the gracious Speech. That includes the Government’s commitments to making our streets safer, which is the first duty of any Government; to review the way the constitution works in our modern society to ensure that our democracy and the rights of all are protected and supported; to deliver further for the whole of our union, investing in and levelling up every part of England, Scotland, Wales and Northern Ireland; and to improve the criminal justice system so that it is fair, proportionate and supports victims to get the justice they deserve. Given the wealth of experience represented on all sides of the House, both my noble friend Lady Williams and I look forward to hearing the contributions from noble Lords.
We were all shocked and appalled by the scenes at London Bridge at the end of last year. I express my deepest condolences to the families and friends of Jack Merritt and Saskia Jones. I also pay tribute to those members of the public and the emergency services who ran towards danger. The incident was a shocking reminder of the threats we face from terrorism. The Government’s top priority is the safety and security of the public, and that is why we will introduce changes to ensure that the worst terrorist offenders spend the appropriate amount of time in prison. We want to give the public greater confidence that the sentences served by terrorists reflect the level of their offending and the risk they represent.
The Government have also been clear that the most serious violent and sexual offenders must serve sentences that truly reflect the severity of the crime. We will toughen community orders, so that they deliver an appropriate level of punishment, and address issues such as mental health or substance misuse.
As well as getting tougher on criminals, we also recognise that being a victim of a crime can be a life-changing event and the way that people are treated in the justice system can have a huge impact in helping them to recover. The Government are determined to ensure that victims receive the support they need and the justice they deserve. That is why we have committed to guaranteeing victims’ rights in legislation, through a victims law. Our law will build on the rights to which victims are entitled as set out in the victims’ code and ensure that they fully understand the level of support they can expect. Furthermore, we are committed to consider increasing the powers of the Victims’ Commissioner, so that they can better hold government to account. To deliver this we will seek views on a revised victims’ code in early 2020 and bring forward a consultation on our new victims law as soon as possible thereafter. Noble Lords will agree that such an approach will ensure that victims of crime receive the best support and the understanding they need to enable them to cope and recover.
My Lords, first, I congratulate the Government on their comprehensive win in last month’s general election. If nothing else, it allows for a period of stability in the coming years so that important issues can be addressed. I am always willing to support the Government if I think they have got matters rights, but I will always oppose the Government if I believe that, no matter how well intentioned, they are making the wrong call. That will be my job in this noble House in the coming years, as it has been since I arrived here 10 years ago.
The debate today focuses on home affairs, justice, constitutional affairs and devolved affairs. I intend to make some initial comments about the Bills in the Queen’s Speech in these subject areas. Anything I do not cover will no doubt be covered ably by my noble friend Lord Rosser and other noble Lords in today’s debate. I join the noble and learned Lord, Lord Keen of Elie, in paying tribute to the civilians and others at London Bridge for their bravery, and I offer my condolences to the victims and their families.
Some measures in the Queen’s Speech seem to be trying to fix the damage done by the coalition and Conservative Governments, an example being the recruitment of 20,000 additional police officers, to which the Minister referred. That still will not take us back to the level we had in 2010. I was pleased to see that the domestic violence Bill will return, and I hope it will become law later this year. Domestic violence is an evil, wicked crime, and the measures outlined in the Bill will make significant progress in protecting victims and bringing perpetrators to justice. The Bill will, I am told, place a legal duty on local authorities to offer secure accommodation to people fleeing violence. Perhaps, when she responds, the Minister will outline how her department is going to ensure that adequate funds are provided to cover this new duty. Just placing a new duty with no additional funding is not going to deliver the step change that we need to see, and with other measures we have been told too often that new obligations are to be brought but no additional funding, or inadequate funding, is provided.
My Lords, others on these Benches will cover the justice, home affairs and other matters raised in this debate. Given its significance, I want to focus on the proposal in the Conservative manifesto to establish a constitution, democracy and rights commission within the next 12 months, which is repeated in the Queen’s Speech.
After I read that section, I re-read part of Edmund Burke’s writings on the British constitution. The tone of that part of the Conservative manifesto is astonishingly un-Conservative. It suggests that the disruptors from Vote Leave really have taken over the party from authentic Conservatives and are determined to destroy its traditional approach to the British constitution. Burke warned in his Reflections on the Revolution in France that the constitution of a country
“is not a problem of arithmetic”;
that is, not of a simple majority sweeping all before it, claiming to embody the “will of the people”—something that Burke would undoubtedly have seen as a very Robespierrean phrase.
He wrote to the electors of Bristol that their parliamentary representatives owed voters their judgment and wisdom rather than simply following popular sentiment. He emphasised the importance of the rule of law and of careful limits on the prerogative powers of the Crown. Above all, he stressed the importance of spreading power down to local communities or subdivisions—“the little platoons”—as,
“the first principle … of public affections, ... the first link in the series by which we proceed towards a love to our country, and to mankind.”
What this allegedly Conservative manifesto offers us, in sharp contradiction, is a reassertion of prerogative power, both over Parliament and over judges as interpreters of the law. It refers to,
4:20 pm
The Lord Bishop of Rochester
My Lords, I am grateful for the opportunity to contribute to this debate on the gracious Speech and look forward to hearing two maiden speeches from the noble Lords, Lord Parkinson of Whitley Bay and Lord Davies of Gower. I am sure we will listen with interest to their contributions and that their different experiences will come to be of value in your Lordships’ House.
My contribution focuses on criminal justice matters, not only because of my role as bishop to Her Majesty’s prisons but because these issues affect every community, including those in my diocese. My cathedral was privileged to host the Knife Angel memorial for victims of knife crime last September and many tens of thousands came to see it. That included a special service to remember those who have died or been otherwise affected as a result of knife crime. Alongside this, we sponsor a conference on these issues jointly with the University of Kent. One of my clergy, the Reverend Nathan Ward, also co-ordinated the presentation to the Prime Minister of a pledge book signed by more than 5,000 individuals in Medway committing never to carry a knife.
Therefore, I welcome the Government’s intentions in proposing a serious violence Bill, not least the proposed emphasis on multiagency working between named public agencies. I note also the manifesto commitment to increase funding for youth services by £500 million and the other funding mentioned in response to the Question from the noble Lord, Lord Farmer. Nevertheless, analysis by the Children’s Society suggests that overall funding for youth services from all public services reduced by some £3 billion between 2010 and 2018. In welcoming the proposed duty on public agencies to collaborate, I rather hope that duty will extend to requiring them to collaborate not only with each other but also with voluntary and community organisations, including church and faith communities, not least because of the funding issues. The reality on the ground is that most services for children and young people are now provided by voluntary organisations through both volunteers and paid workers. In the area of my diocese for example, the number of out-of-school youth workers provided by churches far exceeds those provided by all statutory agencies combined. It will be good to see this acknowledged and supported through the legislative framework.
All communities in our country, including faith communities, are sadly affected by domestic abuse and those communities encompass both victims and perpetrators. I welcome therefore the return of the domestic abuse Bill. My diocese is working closely with specialist agencies to raise awareness and understanding in our churches and other communities around this issue, particularly to encourage men to speak out about male violence against women as part of the White Ribbon Campaign with which we are associated. I note the good intention to place a duty on tier 1 local authorities in relation to providing refuges and other safe accommodation. I trust that, in responding to the debate, the Minister can assure the House that the Chancellor also supports that intention.
My Lords, I declare a non-financial interest as president of Migration Watch UK. I also remind the House that I speak for 30 million UK adults who wish to see immigration reduced, 18 million of them “by a lot”. In yesterday’s debate the noble Lord, Lord King of Bridgwater, referred to what he described as a bizarre taboo against discussing world population. I would add that there seems to be an even more bizarre taboo on discussing the population of the UK, this despite the fact that our population is growing at a rate of about 1 million every three years—that is, the population of Birmingham—and 80% of that growth is due to the direct and indirect effect of immigration. If there is such a taboo, I am very happy to break it.
The Queen’s Speech promises a “modern, fair, points-based” system for immigration and it is welcome that the Prime Minister’s new year message recognised that controlling immigration is now one of “the people’s priorities.” Indeed it is. On the same day, a Home Office spokesman said that the Government wished to attract the brightest and the best while bringing the numbers down—good. They are no doubt aware that a recent Deltapoll survey found that 64% of those in marginal seats saw current immigration levels as a “major public concern.” We have had words from the Government; what about action? Crucial decisions will need to be taken quite soon on the shape of the new system. I will just make three brief points.
First, there has been talk of schemes to permit low-skilled workers from certain countries to come and work here for 11 months, before returning home for a so-called cooling-off period. Any such scheme would be completely unenforceable. It would just be a clumsy attempt to manipulate the official immigration figures, and I see that the noble Lord, Lord Reid, agrees. These proposals should be dropped.
Secondly, for skilled workers, the current level of skills and salary must not be undermined. There is already pressure to reduce the skill level from degree to A-level and the salary from £30,000 to £21,000, only just above the living wage in London. The effect of such changes, which I agree sound rather technical, would be enormous. They would expose between 6 million and 9 million UK jobs to new or increased international competition. The effect could well be that the numbers rise sharply, given that wages in Britain are much higher than in the third world and that this route would lead to settlement.
My Lords, it is a privilege to rise to speak here for the first time, particularly to do so following the noble Lord, Lord Green of Deddington, who is right to remind your Lordships of the large number of people who are concerned about the rapidly growing population and the contribution that net migration makes to that.
This is only my 12th day sitting in your Lordships’ House. In ordinary times, I might have waited a little longer before venturing to make my first utterances, but this is already my second Parliament and we have just had the second Queen’s Speech in almost as many months, so I thought I had better get my skates on.
Despite arriving in the middle of such a busy period, I have found the staff of the House to be extremely kind, generous and helpful, answering all my many trivial questions and providing directions with great patience despite the many burdens on their time. Most of all, I am grateful to them for not mistaking me for somebody’s son or parliamentary assistant who has taken a wrong turning.
I am particularly grateful to my supporters, my noble friends Lord Lexden and Lord Lamont of Lerwick, who have given me valuable guidance and support, just as they have over many years, and to noble Lords from all parts of the House who have been so very warm and welcoming.
Of course, the election that we have just seen has changed a great deal. I had anticipated using my maiden speech to tell your Lordships how much I looked forward to speaking up for the north-east of England, a part of the country which does not normally benefit from a loud chorus of Conservative voices, but now I find that I come from the new Tory heartlands and need only be a backing singer to the 10 Conservative MPs who represent the region in another place. None the less, I look forward to working with them and people from all parties and none who want to help a part of the country that I hold particularly dear.
My Lords, it is a real pleasure to follow my noble friend Lord Parkinson of Whitley Bay, who has just made an excellent speech. We are very fortunate in this place in being able to draw on the experience that new Members bring to the House. My noble friend is no exception and does just that, but he also brings to the House an attribute which most of us here do not have and cannot even aspire to: the advantage of youth. He is still in his thirties, and without reform of the second Chamber I must tell him that he could still be a Member of this House in 2070, as a sprightly 80 year-old.
My noble friend has had a stellar political career, first as President of the Cambridge Union, then at the think tank the Centre for Policy Studies, and most recently as adviser to Theresa May, both at the Home Office and then at No 10. He has a deep interest in history and recently deployed his analytical skills to good use in contemporary history, in a devastating critique of a book purporting to be a history of Theresa May’s premiership that was rushed out within weeks of her leaving office. My noble friend reviewed the book with a forensic ferocity, exposing a litany of glaring inaccuracies and unsubstantiated, if not malicious, generalisations. This was not blind loyalty on the part of my noble friend but careful, detailed and effective scrutiny. It is this talent which I know he will put to good use in the proceedings of this House, and we look forward to hearing more from him in future.
I turn now to the gracious Speech, although what I will talk about is not mentioned in it. What is more, I have to be honest, it is a subject on which I have no special knowledge or particular expertise. My purpose is simple: to highlight a subject of considerable importance —the state of our prisons, which was mentioned in the right reverend Prelate’s speech. Last week, I heard the Chief Inspector of Prisons, Peter Clarke, speaking on the “Today” programme. He has been chief inspector for four years, during which time there have been five Justice Secretaries and five Ministers for Prisons. How on earth can a Minister drive a policy through if they are in the job for no more than a few months?
The gracious Speech gave a high priority to the National Health Service—its health and the health of those it serves. More than 6,000 people are killed as a result of home accidents in the UK every year, considerably more than are killed in workplace or road accidents. The home has become, statistically, a dangerous place to be.
My comparison with road and workplace-related injury seeks not to downplay the seriousness of accidents in other environments but to highlight the fact that reductions in accidental death and injury in those areas were brought about by vigorous and prolonged campaigns led by the trade union movement and organisations such as RoSPA that eventually won the support of the Government, which then saw a safety crusade turned into life-saving laws. The Health and Safety at Work etc. Act 1974 was a turning point for safety in the world of work.
The eradication of home accidents has not yet benefited in the same way from such rigorous and enduring national campaigns. Consequently, the number of fatal and serious accidents in our homes has been increasing. This must change. The Government’s proposed building safety Bill provides an opportunity to alter course and to have a dramatic impact on the number of people needlessly dying or requiring hospital treatment. The Bill has the stated aim of changing industry culture to ensure accountability and that residents are safe in their homes. The focus is understandably on fire safety given the tragic events at Grenfell Tower. However, change is also needed to ensure that new homes have safety built into them to prevent other types of accidental injury. It should be noted that for every one fire-related hospital admission, there are 234 due to accidental falls.
The design of new homes can be improved to minimise the risk of accidents, particularly for those most vulnerable to serious injury: very young children and older people. Many of these accidents could be reduced by better design, such as installing flooring with higher slip resistance in bathrooms and kitchens, where a simple slip can have devastating, long-lasting or life-changing consequences for an older person. If the building regulations were to require the achievement of a minimum standard within, for example, RoSPA’s Safer by Design framework, which has now been endorsed by Public Health England, we could significantly improve the safety of new homes and prevent thousands of life-endangering falls every year. Safer by Design concentrates on dangers that tend not to attract the same level of public scrutiny as other hazards such as fire. The hazards it covers have the greatest likelihood of causing harm in new homes. Falls, burns, carbon monoxide poisoning, entrapment and poisoning from household chemicals all typically happen behind closed doors, yet they affect many thousands of people, causing death and serious injury every year.
20 of 143 shown
Recent cases have underlined the anguish for families when offenders are released in spite of refusing to disclose the location of their victims’ remains. This Government have brought forward legislation to make sure that an offender’s failure to disclose these details about their offences is considered by the Parole Board as part of its assessment as to whether they should be released from prison. We are grateful to the family of Helen McCourt, who have underlined the significant importance of this issue. The legislation also makes provision to address circumstances where offenders fail to disclose the identities of children who are the subject of indecent images.
Domestic abuse can shatter the lives of victims and tears families apart. In the year ending March 2019, an estimated 2.4 million adults experienced domestic abuse. The domestic abuse Bill will transform the response to domestic abuse to better protect victims and their children, and to ensure they have the support they need and that offenders are brought to justice. We need to build a society that has zero tolerance when it comes to domestic abuse and empowers people to confront it. This Bill will be a step towards that.
Marriage will always be of vital importance to our society, but when people take the difficult decision to divorce, the legal process should not incentivise conflict. The current process incentivises that one spouse makes allegations about the other’s conduct, to avoid otherwise waiting for at least two years of separation. The new process will remove the requirement to prove that the marriage has broken down irretrievably. Where reconciliation is not possible, the new process will encourage couples to approach arrangements for the future as constructively and co-operatively as is possible.
The Government are committed to ensuring a fair justice system that works for everyone and commands public confidence. We will establish a royal commission on the criminal justice process in England and Wales which will deliver a fundamental review of some of the key issues affecting the system now, and which may do so in the future. The Government will set out the terms of reference for the royal commission in due course, which will include details on the scope, duration and membership of the commission.
After Brexit, United Kingdom businesses, individuals and families will still need to be able to settle cross-border disputes. That is why we are bringing forward a Bill enabling us to operate agreements on private international law after we leave the EU. These agreements can help to return home a child abducted by one of their parents, help two parents living in different countries to agree custody arrangements in the best interests of their children, or help a UK business to resolve issues with a supplier based abroad. Without these agreements, people involved in cross-border disputes will find it more difficult to resolve them. This Bill will give United Kingdom businesses, citizens and families the confidence to work, live and trade across borders, and will help the UK to flourish as a trading nation, as we leave the European Union.
Following our exit from the European Union, the government will bring an end to free movement to ensure that the UK can take back control and introduce an Australian-style points-based immigration system that prioritises people’s skills and contributions to the UK. While seizing this opportunity, we remain committed to ensuring that resident European citizens—people who are our family, friends, neighbours and colleagues and who have built their lives here and contributed so much to this country—have the right to remain.
The tragic killing of PC Andrew Harper last summer and the incident at London Bridge in November illustrated how police officers put their lives on the line and make sacrifices day in and day out in the course of their duties to assist others. The Government are committed to the recruitment of 20,000 police officers over the next three years and we have already begun recruiting new officers. We are also committed to providing the police with the powers, support and protection they need to do their jobs effectively and safely. That is why we are putting our commitment to a police covenant on a statutory footing. We are strengthening the powers available to the police to allow them to tackle unauthorised encampments. We will also introduce measures to strengthen the legal protection given to police drivers when pursuing a subject or responding to an emergency. This will ensure that the police have the protections and the powers they need to continue with their vitally important work.
Along with further protections and powers for our police officers, we will also award them the power to arrest individuals who are wanted by trusted international partners. We will ensure that the police do not have to allow known offenders, flagged on Interpol systems, to walk free while they seek a warrant. The provision will see people who are wanted for a serious crime in a country such as Canada or America and who may be a danger to the public brought before a judge within 24 hours to allow extradition proceedings to commence and thus make the streets of the UK safer.
The Government are working hard to improve the efficient and effective removal of foreign national offenders from the UK. However, tougher action is needed to stop abuse of the system, speed up the process for deporting foreign national offenders and deter foreign criminals from coming to the UK. That is why the Government will significantly increase the maximum penalty for those who return to the UK in breach of a deportation order, sending a clear message to criminals who seek to return to the UK, namely: if you try to return, you will go to prison for a long time.
The Government are absolutely committed to tackling serious violence and making our streets safer. We are determined to stop young people being drawn into crime. We need to understand and address the factors that cause someone to commit violent crime in the first place. That is why the Government will bring forward a new legal duty which will ensure that all agencies work together to share intelligence and identify warning signs, so that we can intervene earlier, protect young people and prevent and reduce serious violence in local areas.
The United Kingdom and its allies face sustained hostile activity from certain states, as illustrated by the Salisbury attack. We are committed to empowering the brave men and women of our law enforcement and security services with the tools they need to tackle these evolving threats. The espionage Bill will modernise existing offences to deal more effectively with the espionage threat.
One of this Government’s key priorities is the integrity and prosperity of the union that binds the four nations of the United Kingdom. Our union is the most successful economic and political partnership in history, and it is at its strongest when all four nations work together. We are committed to getting Stormont functioning again and we will continue to work with Northern Ireland’s political parties to re-establish the Executive and the Assembly. Following the UK’s departure from the European Union, we will devolve and empower regions across England so that decisions and powers sit in the right place and closer to people than ever before. As set out in the gracious Speech, the Government are committed to levelling up powers and investment in the regions across England and will also introduce a bold new UK shared prosperity fund to tackle inequality and deprivation in each of the four nations and across all regions of the United Kingdom
The measures outlined in the gracious Speech set out a clear direction for the future of the United Kingdom, for a country with safer streets where the most serious offenders spend longer in prison and tougher community sentences address underlying causes of crime—one that ensures that victims receive justice and have rights enshrined in law to support them throughout the process.
We want a society with zero tolerance for domestic abuse that empowers people to confront it, that values marriage but accepts the realities of divorce, and gives the necessary powers as well as the legal protections our police officers need to do their jobs and keep us safe. We want a nation that works with others to settle cross-border disputes, values immigration but prioritises the skills it needs and rejects foreign criminals from our shores swiftly and decisively, where state agencies work together to address serious violence tou keep our young people safe from harm. We want a United Kingdom that works together, where every constituent part and region is empowered with the necessary political will, the right levels of investment, and the ability to make decisions in its own best interests, where opportunity is levelled up and every single person can thrive. Over the coming weeks and months, I look forward to debating with your Lordships the many measures which I have outlined today.
I have similar concerns in respect of the serious violence Bill, in which it is proposed to create new duties for a range of agencies and encourage partnership working. I want measures in place to deter violence, but partnership working with local authorities, youth services and other agencies costs money. These bodies have not been immune to significant spending reductions in recent years, and without a significant increase in resources I do not see how the proposals will be delivered to any great effect. Will the Minister outline any specific measures she expects to be taken in respect of county lines? This is an area of great concern to many people.
From reading the briefing, the police powers and protections Bill seems to be something that has merit and that we could support. Providing additional support and protections to police officers, who undertake a most difficult but necessary job, is welcome. We will have to look in detail at what is being proposed versus what the professionals think is necessary. I recall that in the previous Parliament a Bill sought to protect all blue-light services and that one of the demands from the Police Federation was tougher penalties for spitting at officers. That was resisted by the Government; they would not be persuaded on this matter. We may need to look at that and bring it back in this Bill.
In respect of the Extradition (Provisional Arrest) Bill and the foreign national offenders Bill, we will have to wait for more detail on the proposals before taking a view, but we need to have proper safeguards in place to eliminate injustices and ensure that we are getting the balance right. I note that one of the first acts of the new Government was to abandon protections for child refugees in the withdrawal Bill. I hope that is not indicative of the asylum and immigration policy the Government intend to pursue.
On the proposed espionage legislation, we will see what comes forward, but it is right to review and update our legislation and protections to protect the United Kingdom from the actions of foreign agencies and powers that want to do us harm through industrial espionage or other threats to our security, safety and economic well-being, and we will support the Government on those matters.
Moving on to the justice proposals, I think we can all sign up to the Government’s aim of a fair justice system that keeps people safe, although after that point there may be differences in how that is delivered and what that means. In both the counter-terrorism Bill and the sentencing Bill, it is just not enough to say that we want to lock up people who have committed offences for even longer. I want sentences that reflect the crime and the community’s and public’s revulsion, but also, while people are in prison, I want real work to be done with them to address their offending behaviour. For very serious terrorists and criminals who commit other appalling offences, I fully accept that that is easier said than done, but it must be the other side of the coin in these matters.
Locking people up for longer and longer will, on its own, not address serious offending and protect us. It is also extremely costly for the taxpayer. Perhaps the Minister can tell us what work has been done to access the best strategies for tackling terrorists and other dangerous offenders, as well as looking at other programmes in Europe and beyond to deal with such matters.
The Prisoners (Disclosure of Information About Victims) Bill seems very worthy of our support. Ensuring that prisoners make proper progress and rehabilitation is a good aim, and if certain facts that would help bring closure to victims and/or their families are not disclosed to the authorities by serious offenders, that should be considered by the Parole Board when considering an application for a prisoner’s release. In many ways, it is surprising that that is not done already.
The proposals for the Divorce, Dissolution and Separation Bill seem to be progress, although I am not sure that they will satisfy the noble Baroness, Lady Deech. I am very much of the opinion that the more we can keep lawyers and the courts out of divorce proceedings, the better for everyone—I am thinking of divorcing couples’ pockets.
On the constitutional matters contained in the Queen’s Speech, the creation of a constitution, democracy and rights commission is something on which the Government must be very careful. They won a large majority in the general election and will be able to get their business through the House of Commons with no problems whatever, but they must allow Parliament, the courts and the judiciary to scrutinise, challenge and, in some cases, strike out their decisions. We live in a democracy and all these parts of the state, along with a free press, are important pillars that keep matters in check. If things are not respected and treated carefully, there will be grave risks for our country, and the Government must always keep that in mind.
I very much support the repeal of the Fixed-term Parliaments Act 2011. I opposed it in the first place and it has proved to be dreadful legislation. It has been totally ineffective. Even when it was working and prevented the new Prime Minister calling an election, I recall hearing on a Saturday night that the Liberal Democrats and the SNP were going to offer him a Bill to call an election days after he had lost a vote under the Act. I thought, “What nonsense”, and then I heard that the leader of the Opposition was also going to back the Bill. The rest is history, and the only winners have been the Prime Minister and Nicola Sturgeon, the First Minister of Scotland.
Giving the Prime Minister the power to call a general election, which has been the traditional way here in the UK, is something that we should go back to. From recollection, it is very obvious when there is going to be an election. Most Governments who are doing well in the polls will seek a dissolution of Parliament at around the fourth anniversary of their election. If they are trailing in the polls and doing badly, they will carry on into the fifth year and probably quite near to the end of their term of office, unless of course they are defeated in a no-confidence Motion, which is not going to happen any time soon.
In respect of measures to be introduced regarding elections and postal votes, I would prefer there to be much more comprehensive legislation in respect of elections. I know that the noble Lord, Lord Young of Cookham, will support me on that. I think he agrees with me that our election law is not fit for purpose.
I also think it is time for the Government to take a look at the role and function of the Electoral Commission. It has made a difference but we need to ensure that what it does in terms of all our election law is right. We have plenty of time to do that and I hope that the Government will use the coming period to make sure that it happens. I would appreciate a response from the Minister on that as well.
With that, I draw my remarks to a close. I look forward to the rest of the debate, with contributions from many interesting speakers. I also look forward to the maiden speeches, which we will be hearing shortly.
“The failure of Parliament to deliver Brexit”,
in the same way that Cromwell referred to the failure of the Long Parliament to grant him the powers he wanted. The failure to carry through Brexit for three years was, after all, due mainly to divisions within the Conservative Party, only resolved by expelling the dissenters as Cromwell also did.
It is therefore extremely important to agree what shape the proposed constitution, democracy and rights commission will take. How will it be constituted? If it is to attract and restore public trust, it will need to be seen from the outset as more widely constituted than from among the supporters of a Government which received well under half the votes in December’s election. Who will define its agenda? Will this be decided by No. 10 or by a process of consultation that will welcome divergent views? Will this commission be independent of government in its operation, or under the tight control of a Government in a hurry? I hope that the Government, in replying, will give us some indication of when such vital details will be presented to Parliament in—I hope and assume—a Green Paper for public debate and scrutiny.
We face some fundamental challenges to constitutional democracy, in Britain as in other open societies. Political technologies, funded by state actors or wealthy private individuals supporting their favoured political protégés, have spread from Russia across the western world. Data science now permits precise targeting of different groups of voters, with messages finely tuned to appeal to their fears and hopes. Populist politicians, backed by well-funded campaigns, promote “illiberal democracy” against liberal democracy, which means leadership without constraint, generating popular support by stoking foreign threats and national grievances. From Viktor Orbán to Donald Trump, impatience with the checks and balances of constitutional democracy, and with the limits that law and constitutional rules place on political power, feeds a drift to authoritarian government.
Yesterday, we learned that Tim Montgomerie, appointed an adviser to Prime Minister Johnson last September, has praised Viktor Orbán’s pursuit of what Montgomerie, in a speech in Budapest before Christmas, called “the limits to liberalism”, hailing Trump, Orbán and Johnson as comrades in arms in the move against liberal democracy. I hope that the Conservative Benches in this House deplore this praise for authoritarian populism as much as I do.
The Federalist Papers, setting out the rationale for the American constitution, spelled out the justification for limited government, with institutionalised checks and balances and the careful devolution of power from central Executives. James Madison declared that
“The accumulation of all powers, legislative, executive, and judiciary, in the same hands ... may justly be pronounced the very definition of tyranny.”
Alexander Hamilton—whose musical your Lordships have undoubtedly all seen—said that government has been instituted because
“the passions of men will not conform to the dictates of reason and justice, without constraint.”
We have become painfully aware, particularly in recent days, of the passions of Donald Trump not conforming to the dictates of reason and justice, and many of us lack confidence that the ambitions of Boris Johnson will not lead him to follow suit.
We on these Benches welcome the opportunity that a well-organised constitutional convention may offer to reform and improve the quality of British democracy and government at all levels, from the federal to the local. However, it must be independent of government, with support from all parties and from civil society, not an attempt to impose a populist electoral dictatorship on Britain—or at least on England, if and when Scotland and Northern Ireland leave the union. And it will need to start by clarifying what we mean by “democracy”. Democracy is not just an event every five years; it is a process that holds government to account, a dialogue between government and citizens that provides and maintains consent for government policies. Popular alienation, of which we are all painfully aware, stems partly from the decline of local democracy, with politics looking like a game played in distant Westminster, unaware of local needs and concerns.
The restoration of public trust requires, to start with: the restoration of direct links between representative government and local communities—the centralisation of the government of England in London has also alienated people in northern towns; regional devolution, for example to Yorkshire, which is as large as Scotland and as capable of managing policing, transport and industrial development; a second Chamber, in what would then become our federal parliament, that represented the regions, to replace our appointed House of Lords, something that my party and others have supported for a long time; a stronger Parliament with fewer Ministers, to hold executive power to account; a more open electoral system so that voters no longer had to hold their noses and vote for whichever of the two dominant parties they disliked less; tighter controls on money in politics, to block the very rich from playing the populist card through heavy investment in political technologies; and citizens educated about their political and civil rights and responsibilities. That will be our proposed agenda for this new commission.
The Conservative manifesto suggests, on the contrary, that the Government want to restrict access to voting, to redraw constituency boundaries so that they no longer represent even the shadows of coherent communities, to inhibit judicial scrutiny and to attack the autonomy of the Civil Service. There is even a reference in that section of the manifesto to the greater use of data science in government, one of Dominic Cummings’ manic enthusiasms, which certainly carries some major potential benefits but also major potential risks. When will the Government spell out to Parliament how they intend to exploit consolidated government data? What statutory safeguards will they build into that exploitation? This is a very important and delicate area of policy.
Yesterday, I was told in a ministerial briefing on the EU withdrawal agreement Bill that the clause in the previous Bill that provided for continuing parliamentary scrutiny of future trade negotiations had been removed because the Government’s majority in December’s election provided a sufficient mandate for whatever they may negotiate in future. That assertion takes us back towards electoral dictatorship as opposed to parliamentary democracy, and suggests that what we are facing from our Prime Minister and those around him is a concerted attempt to shift the balance between government, Parliament and courts—and the devolved Assemblies—in favour of the Executive. That should worry the democrats in all parties.
I have not forgotten that our current Prime Minister thinks that the rules and conventions of constitutional democracy need not apply to him. I recall that he broke several clauses of the Ministerial Code within three days of resigning as Foreign Secretary. However, democracy rests on rules and acceptance of conventions, as Conservatives from Burke to Lord Salisbury have understood. I look forward to learning how the proposed constitutional convention will address these fundamental issues.
Alongside the domestic abuse Bill, I welcome the focus on victims but ask the noble Baroness that particular attention be given to children who are exploited, and not infrequently forced into crime as a result of that exploitation. Again, this was mentioned earlier in response to the Question from the noble Lord, Lord Farmer. Such young people too often appear in the criminal justice system as offenders or at least as suspects when fundamentally they are victims. Therefore, somewhere in this package of Bills, a clear statutory definition of child criminal exploitation would help all concerned.
The gracious Speech contains a number of proposals concerning detailed issues around sentencing and combating terrorism. Others are better placed than me to comment on those. However, perhaps because it is not thought to require further legislation, almost nothing is said about the huge challenges that face the regular work of our Prison and Probation Service. We know that the surest—and indeed the cheapest—way of reducing crime and making our communities safer is to make sure that those who offend do not do so again. We know also that the factors which lead people to desist from criminal behaviour are really very simple: decent and assured accommodation; purposeful activity, whether in employment, training, family engagement or volunteering; and networks of good and supportive relationships. Key to much of that is what happens immediately on release and in preparation for it. Alongside the proposed legislation, I hope that in this Parliament we will see good progress on these basic matters, not least in the context of the reshaping of probation services. I am sure I will not be alone in this House in keeping my attention in that direction.
Finally, I think I welcome the proposal for a royal commission. My slight reticence is because we have yet to see the terms of reference. I hope that the commission will give attention not only to practical matters but to the reaffirmation and articulation of the principles and purposes that underpin the justice system as a whole. I note that the noble Baroness, Lady Prashar, served as a commissioner on the 1993 royal commission, and that the noble and learned Lord, Lord Judge, who is speaking today, gave evidence to that commission. Of course, the context has changed significantly since 1993 and we face new and evolving kinds of criminal activity, but the importance of upholding principles of justice, fairness and the power of reconciliation does not change. I look forward to engaging with the commission and continuing to work on these issues with Members across your Lordships’ House and beyond.
Thirdly and lastly, a solution is at hand, one already an essential part of the Australian system that the Government claim to be following; namely, to place a cap on the number of skilled work permits issued each year. It is as simple as that, and it is a proposition supported by 70% of the British public.
I conclude with the thought that caution is essential. Numbers could well spin rapidly out of control, as they did, regrettably, in the Blair years, and it would be very difficult to get them down. If that was allowed to happen, the Conservative Party would go into the next election having spectacularly failed to reduce immigration for the fourth time. That would not amuse the bulk of its own supporters. As for the new supporters in the so-called red constituencies, many would be absolutely furious. Immigration is normally an issue that this House loves to avoid, but the Government would avoid it at their peril.
I have 10 seconds in which to welcome the noble Lord, Lord Parkinson of Whitley Bay, to this House and to wish him a very happy and successful time in this body.
My native area held out against the Tory tide at this election, despite being for many years a dependably Conservative part of the north-east. Whitley Bay stands in the Tynemouth constituency, which for many years was represented by a trailblazing Tory woman, Dame Irene Ward, later a Member of this House and clearly fondly remembered as Baroness Ward of North Tyneside. I know that I do not need to tell the noble Baroness, Lady Quin, anything about Whitley Bay, for she also has the pleasure of hailing from there, but for those of your Lordships who have not yet had the pleasure of visiting, I would heartily recommend it. You will find a place fizzing with great spirit, friendliness and creativity. If your Lordships had been there this time last week, you would have seen 300 hardy souls running into the North Sea for the traditional New Year’s Day dip. I am afraid to say that I was not among them, but their bravery has certainly inspired me as I dip my toes into these rather warmer waters for the first time.
A particular privilege of entering your Lordships’ House at a relatively youthful age is the chance to do so in the sight of both my parents. I am sure that other noble Lords, however and whenever they came to this place, did so deeply conscious of the gratitude that we all owe to our families, and I am very glad to have the opportunity to express mine directly.
I hope your Lordships will also permit me to pay tribute to the former Prime Minister, Theresa May, my boss for much of the last seven years. First at the Home Office, and then in Downing Street, I had the privilege of seeing at first hand her dutifulness, her resilience and her strong devotion to public service. I am sure that these qualities will continue to inspire many in public life, particularly those of us who have come here by her nomination. I look forward to speaking in your Lordships’ debates with my own voice, while drawing on all that I learned during those years in government. To that end, I am particularly glad to see the domestic abuse Bill among the measures in the Queen’s Speech. Its provisions will transform and, in many cases, save lives. It has already been far too long in reaching the statute book and I hope it will have a swift passage from hereon in.
I am not only a Conservative and a unionist, I am a Tory and therefore respectful of tradition—not least, today, the sensible tradition of steering clear of contentious topics in one’s maiden speech. However, when a figure as esteemed and authoritative as Lord Sumption is among those who have pointed to the growing tendency to resolve in the courts matters which, even earlier in my short political career, would have been matters for Ministers, accountable to Parliament and to the electorate, I feel safe in welcoming the Government’s plans to establish a constitution, democracy and rights commission.
The Supreme Court turned 10 years old only in October. Even without the controversies of recent months, I think that this would have been a useful time to take stock and examine how it is working and how it has developed. I am glad that there will be a chance to do that through this new commission. For my part, I have certainly watched with concern the way that litigation seems to be becoming politics by another means, and the new, seemingly widespread view that what happens in the courtroom is sacrosanct, while what happens at the ballot box is not.
My despair at seeing laws I had worked on in government and had seen pass both Houses of Parliament struck down as incompatible with EU law was one of the reasons I left government in order to campaign to leave the EU, and I am particularly glad to be coming here at a time when Parliament is reasserting some of the sovereignty which I feared it might have lost. I hope it is more than youthful naivety which leads me to believe that there is a way of proceeding and embracing this commission which can reassert the importance of the rule of law and of parliamentary democracy and can restore the reputation of our courts and our Parliament in the eyes of the public they both serve. I look forward to the day when judges are neither traduced on the front pages of newspapers, nor have their brooches replicated and worn like political pin-badges.
However, these are debates for future occasions and I must be wary of wading too deeply for fear of sinking before I can swim, particularly in the company of so many accomplished swimmers. It is a privilege to be paddling alongside you.
In his interview, the chief inspector spoke about Feltham young offender institution. It had been inspected in January last year and was inspected again in July. In those six months, everything had got worse: levels of self-harm had tripled, violence and the use of force had risen significantly, and 40% of the children said that they felt unsafe during their time there. They were locked up for 20 hours a day. In Swinfen Hall young offender institution in Staffordshire, half the young male prisoners were locked up for 22 hours a day. As the chief inspector explained, it is not surprising that this causes frustration and anger, leading to violence, self-harm and, all too often, suicide.
This puts great pressure on prison officers. It is a really tough job, and they have to be protected. Quite rightly, the Conservative manifesto talks about the need to improve prison security, protect staff and stop drugs being smuggled into prisons. Only yesterday a report was published on HMP Winchester, which said that 59% of prisoners found it easy to import drugs. These are huge challenges. It is partly about resources: more staff and better facilities in prisons. In many places, such as HMP Liverpool, investments and improvements are being made. But it is also about the quality of local leadership, and the quality and teamwork inspired by that leadership. We know how important that is in every organisation—in schools, in companies—and so it is in prisons.
The Conservative manifesto also talked about rehabilitation. It says that the Government
“will create a prisoner education service focused on work-based training and skills”
and talks about having a “job coach” in every prison. I welcome that, but for many prisoners who have had wretched lives, what is needed is much more basic than that. Some of them have mental problems, and many lack the very basic skills of literacy and numeracy. As a general point, I hope that the Government will look around the world to see what they can learn from other countries, what reforms and innovations have worked there which we could perhaps introduce and emulate.
Finally, looking at the Lib Dem Benches, I very much welcome the appointment of the noble Lord, Lord Macdonald of River Glaven, as the new president of the Howard League for Penal Reform. On almost every subject on which I have heard the noble Lord speak, whether in this House or in the media, I have been struck by his common sense and clarity, so I very much hope that he will use his new position to advance the cause of prison reform.
Falls in homes account for 124 deaths, 48,600 hospital admissions and more than 600,000 visits to accident and emergency in England each year. It is insane to pour billions of pounds into the NHS bucket while gaping holes such as this go unrepaired. The Government must now include provisions for preventing the most common accidents in the home in their overhaul of building safety regulations, and put safety at the heart of their housebuilding programme.