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Police, Crime, Sentencing and Courts Bill 2019-21 to 2021-22

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Police, Crime, Sentencing and Courts Bill 2019-21 to 2021-22 (158)

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Moved by

Baroness Williams of Trafford

109B: After Clause 55, insert the following new Clause—

“Code of practice relating to non-criminal hate incidents

(1) The Secretary of State may issue a code of practice about the processing by a relevant person of personal data relating to a hate incident.

(2) In this section “hate incident”...

Member
Baroness Williams of Trafford (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 cc1327-8
House
House of Lords

My Lords, Amendment 109B standing in my name is on the topic of non-crime hate incidents. In my opening remarks, I will also speak to the related government Amendment 109F. I am grateful to my noble friend Lord Moylan for tabling amendments in Committee that related to ensuring that guidance...

Member
Baroness Williams of Trafford (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 cc1328-1330
House
House of Lords

Moved by

Lord Moylan

109C: After Clause 55, in subsection (1), leave out “may” and insert “must”

Member
Lord Moylan (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 c1330
House
House of Lords

My Lords, I thank my noble friend for being a listening Minister and for the hard work she has put into bringing forward this amendment. She has explained what government Amendment 109B does. Essentially, it brings the guidance under which non-crime hate incident records are made by the police under...

Member
Lord Moylan (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 cc1330-2
House
House of Lords

My Lords, it is a pleasure to follow the noble Lord, Lord Moylan, and to have put my name to his amendments both in Committee and here.

Those of us who put our names to these amendments, discussing the matter before Committee, had a number of concerns: first, the lack of...

Member
Lord Macdonald of River Glaven (Crossbench)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 cc1331-3
House
House of Lords

My Lords, I will speak to Amendment 109D to remove the negative procedure for all subsequent revisions of this guidance. I shall do that in my capacity as chair of the Delegated Powers Committee, but first I want to make some brief comments in a personal capacity on this whole,...

Member
Lord Blencathra (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 cc1333-4
House
House of Lords

My Lords, as other noble Lords have said, this is a contentious issue. The noble Lord, Lord Macdonald of River Glaven, may recall from his

time in a previous role a report from the probation service called From Murmur to Murder—the noble Lord is nodding—when those in the probation service...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 cc1334-5
House
House of Lords

My Lords, I begin by saying how grateful I am to my noble friend Lady Williams of Trafford for the time that she has given me, and others, since the debate in Committee on 1 November and for bringing forward these amendments. Having said that, I have some observations to...

Member
Lord Sandhurst (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 cc1335-6
House
House of Lords

My Lords, I thank the Minister for introducing her two amendments, which we welcome. It was fair of her to point out the legacy of the recording of non-crime hate incidents and the legacy of the Macpherson report on Stephen Lawrence’s murder. We welcome that the existing guidance will be...

Member
Lord Ponsonby of Shulbrede (Labour)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 c1336
House
House of Lords

Without having myself looked at the wording of the amendment, the original wording, which I think is preserved in the current amendment, would have excluded disclosure in relation to individuals but not in relation to groups. In the context of the original amendment, therefore, I think that point would have...

Member
Lord Moylan (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 c1336
House
House of Lords

My Lords, I am grateful to my noble friends for setting out their amendments. I shall respond to them in turn. Amendment 109C seeks to impose a duty on the Home Secretary to issue a code of practice, while our amendment provides her with the power to do so. My...

Member
Baroness Williams of Trafford (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 cc1336-8
House
House of Lords

My Lords, does my noble friend agree that, since the guidance was published before the Court of Appeal decision, the guidance on disclosure should at least be reviewed in the light of the court decision and the reference to “chilling effect”, to ensure that it is fully compatible? Since that...

Member
Lord Moylan (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 c1337
House
House of Lords

My noble friend has jumped the gun on what I was going to say. We are confident that the statutory disclosure guidance, the latest version of which was published on 16 November, sets out clearly the criteria and principles which chief officers must have regard to in making decisions to...

Member
Baroness Williams of Trafford (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 cc1337-9
House
House of Lords

A question was asked earlier about what will happen to people who already have their information—what can we do about that? It is important that drafting takes time; in Committee I spoke about the problem of the drafting of these guidelines and said I wanted good drafting. But I was...

Member
Baroness Fox of Buckley (Non-affiliated)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 c1339
House
House of Lords

I did not understand that, and I apologise. The guidelines are reputation destroying and they need to be reviewed.

Member
Baroness Fox of Buckley (Non-affiliated)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 c1339
House
House of Lords

On Report, questions and interventions are generally for points of elucidation and the Back-Bencher will have spoken before the Minister. That aside, in terms of what happens to historic cases, I think that will be determined upon the updating of the guidance. I will write to noble Lords as I...

Member
Baroness Williams of Trafford (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 cc1339-1340
House
House of Lords

I am grateful to my noble friend, and for her reassurances, and I look forward to seeing the letter that she is going to write to the noble Baroness, Lady Fox of Buckley. I beg leave to withdraw the amendment.

Member
Lord Moylan (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 c1340
House
House of Lords

Moved by

Baroness Williams of Trafford

109F: After Clause 55, insert the following new Clause—

“Further provision about a code of practice under section (Code of practice relating to non-criminal hate incidents)

(1) The Secretary of State may not issue a code of practice under section (Code of practice relating to non-criminal hate incidents)...

Member
Baroness Williams of Trafford (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 cc1340-1
House
House of Lords

Moved by

Lord Sharpe of Epsom

109G: After Clause 55, insert the following new Clause—

“Increase in penalty for offences related to game etc

(1) Section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits by night or entering land for that purpose) is amended in accordance with subsections (2)...

Member
Lord Sharpe of Epsom (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 c1341
House
House of Lords

My Lords, I thank the right reverend Prelate the Bishop of St Albans for bringing these important matters to the attention of the House. I declare an interest here, as I am a member of the British Association for Shooting and Conservation, which is a member of the hare-coursing coalition.

In...

Member
Lord Sharpe of Epsom (Conservative)
Type
Proceeding contributions
Date
17 January 2022
Reference
817 cc1342-4
House
House of Lords