I posted the following earlier today on the Labour Lords site:
A 15 year old girl is alone in her bedroom. She is on her smartphone messaging her friends. Like most nights she is chatting online to one particular boy. He says he is 17. He says he is in love with her. The chat becomes sexual. He tells her she is special. He coaxes her into sending her a picture of herself – naked. Only later does she discover that he is not 17 but 44 years old and that he is a sexual predator.
ChildLine say such cases are not uncommon. In Scotland, the man would have committed a crime and could be charged. In England, Wales and Northern Ireland his actions are not illegal. NSPCC have been campaigning on this issue: you can sign their e-petition here (http://e-activist.com/ea-action/action?ea.client.id=1884&ea.campaign.id=32450&ea) and last week I proposed a new Clause in the Serious Crime Bill that would close this loophole.
The government resisted my amendment saying it wasn’t necessary, despite the fact that last year there was a 168% increase in contacts to ChildLine about online sexual abuse. Ministers argued that there were other laws that already exist and the new clause isn’t necessary. The trouble is that the other laws they mentioned don’t in fact deal with the problem.
The Sexual Offences Act 2003 only covers situations where it can be proved that the adult intends to meet the child, but often there is no intention to meet and all the perpetrator wants is a naked picture of the child.
Then there’s the Mobile Communications Act and intent to cause distress or anxiety. But that is the opposite of what the perpetrators want – they are grooming the child by flattering them and making them feel special so as to gain their trust.
Likewise, the Communications Act 2003, where the perpetrator only commits a crime if it is “grossly offensive or of an indecent, obscene or menacing character”. But his messages will often not be obscene or offensive, as he is trying to elicit a sexual message in return and he doesn’t want to frighten or disgust the child.
Finally, they suggested the Protection from Harassment Act 1997. But harassment involves alarming or distressing the recipient and again that is not how a predator grooming a child will behave.
The reality is that the current laws in this area are fragmented and confused. Most of the legislation covering this predates the widespread use of the internet, social networking, instant messaging and smartphones with high definition cameras. So tomorrow, at Third Reading of the Bill, I will try again.
I hope that Ministers will look at the laws they say cover the examples I have given and realise that they are wrong. My amendment is a simple one and makes it a crime for an adult to send a sexual message to a child or send a communication to a child intended to elicit a response with sexual content. As the NSPCC says, the existing laws are flawed and exchanging sexual messages with a child should always be illegal.
For the past six months I have been chairing the Lords’ Select Committee on the Olympic and Paralympic Legacy. And today, after 33 evidence sessions, hearing from 53 witnesses and taking written submissions from 67 organisations and individuals, we have published our report – with 41 recommendations.
So what are our main conclusions?
The Games themselves were an outstanding success, absolutely vindicating the decision by Tony Blair and Ken Livingstone to back London’s bid, as well as exceeding expectations and confounded the sceptics. That success was only delivered through incredible cooperation between the numerous organisations involved, the host Boroughs and virtually every Whitehall department. Since the Games however, the same political impetus and the imperative of a deadline no longer exist. As a result many aspects of the legacy are in danger of faltering and some have fallen by the wayside. There is a lack of ownership and leadership.
That is why we recommend giving a single Cabinet-level Minister overall responsibility for all strands of the legacy. Only someone with senior clout will be able to bang heads together across different departments, including Education with its role in school sport and funding, Health which is supposed to be getting us all more active and healthier, DCMS with its responsibility for the sports governing bodies – plus all the departments that should be working to deliver the economic benefits not only in London but across the UK.
In London itself, the Office of Mayor should be given unambiguous responsibility for holding and taking forward the vision for East London and the developments in the Olympic Park and the surrounding area.
East London has for over a hundred years contained some of the most deprived communities in our country. Too many still live in poor and grossly overcrowded properties or in temporary accommodation. Unemployment rates are among the UK’s worst and the skills gap means that local businesses cannot find the staff they need. Delivering the Olympics brought forward much-needed infrastructure improvements but making sure that all the potential new jobs and new housing are delivered will require laser-like focus and determination from the Mayor.
There is suitable land for housing in East London but it is not being used. One Borough says that the biggest problem is land-banking. In another, Barking and Dagenham, one site, part-owned by the Greater London Authority, has permission for 11,000 dwellings but only 300 have been built. There is much that the Mayor should be doing.
Stratford International has had £1bn of public investment to equip it for high-speed international rail services, but none stop there. It is time that the Transport Department persuaded the operators that at least some of their services should use the facilities, bringing in both travellers and business.
As for the promised “cultural legacy”, the term only appeared twice in more than 500 pages of written evidence and the only tangible thing mentioned by DCMS Secretary Maria Miller was the world tour of the inflatable Stonehenge that she described as “a fantastic way of bringing Britain to life overseas.”
As far as sports participation is concerned, the step-change improvement hoped for did not occur. If anything, the slow steady improvement seen since 2005 has faltered. Facilities at grassroots level need to be improved and we received much evidence telling us that the Coalition’s scrapping of School Sports Partnerships was a big mistake.
Although we hunted for White Elephants among the facilities created for the Games, we didn’t find them. But the unseemly squabbling of West Ham United and Leyton Orient football clubs over the Olympic Stadium was most unedifying. It is important that more effort is made to ensure that this national asset is put to good use with maximum possible community use, including possibly by the club that was unsuccessful in the bid process.
That is the overall lesson of the report: the London Games were a huge success but much more still needs to be done to ensure the nation gets the maximum possible return on its investment.
As Boris Johnson prepares to use the platform of the London Government dinner at the Mansion House tonight to try and upstage David Cameron’s long-awaited speech on Europe tomorrow, unsubstantiated gossip reaches me that the Mayor is moving to reward another of those associated with the Evening Standard’s campaign in 2008 to unseat Ken Livingstone and as a result help him to win the election as London Mayor.
Veronica Wadley (then the Standard’s editor) is now the Mayor’s (paid)appointee as chair of the London Arts Council.
A little bird tells me that now the Mayor is poised to appoint Andrew Gilligan (then the Evening Standard journalist who wrote some of the articles in the Standard most damaging to Ken Livingstone) as his new (paid) advisor on cycling in London.
Interesting, if true…..
I have now had it confirmed.
Seventeen years ago, I became Chair of the English National Stadium Trust (now the Wembley National Stadium Trust). The Trust made the original bid for National Lottery funding to build a new national stadium for football and rugby league and, having successfully made the case for Wembley to continue to be the site for that stadium, secured £120 million towards the rebuilding costs. One of the conditions of the Lottery grant were that eventually 1% of the turnover of the Stadium should be paid back to the public, who had bought their Lottery tickets to make that grant possible, in the form of grants to community organisations that would support a range of sports activities.
The money was only to start being made available five years after the new Stadium opened (which following a number of delays took place in the spring of 2007) and the first substantive funds were received at the end of 2012.
And this morning I chaired the meeting that decided which organisations should be the beneficiaries of the first £300,000 of grants. 37 organisations will benefit and will be receiving their cheques at a ceremony later this month at Wembley Stadium. In this initial grant round all of the organisations will be delivering community sports activities in the London Borough of Brent (for those who don’t know their geography Brent is the Borough in which the Stadium is situated). Later grant rounds will benefit the rest of London and the country as a whole.
It has been a long journey but it is difficult not to be excited about the range of organisations that have been successful.
Last Friday there was a debate in the House of Lords on the Second Reading of a Private Members Bill introduced by Baroness Howe of Idlicote on Online Safety with particular emphasis on the protection of children. The Bill would have the effect of requiring internet safety providers ansd mobile phone operators to provide an internet service without access to pornography (although adult subscribers would be able to opt in to receive adult material).
The Bill was welcomed by virtually every speaker from all parts of the House (although reservations were expressed by one Conservative and one LibDem peer). The Minister (Viscount Younger of Leckie), however, declined to say whether the Government supported the principle of the Bill (ie of protecting children from adult content online) and said that such matters were the responsibility of parents, even though many parents are far less technologically adept than their children.
A flavour of the Minister’s equivocation is given by these exchanges from the closing section of his speech:
“Viscount Younger of Leckie: I realise that many questions have come out of this interesting debate. If I have not been able to answer any, particularly on age verification, I will certainly make it a point to reply to noble Lords.
Baroness Thornton: The Minister mentioned age verification, and he prayed in aid the totally inadequate self-regulatory proposals that have been proven not to work. They are not working and we have an increasing problem. Will the Minister confirm that both the Byron report and the Bailey report recommended the use of age verification to block adult content on the internet?
Viscount Younger of Leckie: I can give the briefest of answers in the time available on age verification. It is an important issue. However, I would make a distinction between age verification in terms of the gambling sites, which the noble Baroness, Lady Howe, mentioned. My understanding is that with gambling sites there is a clear distinction at the age of 18. Material for the over-18s is pin-protected. Taking our view that parents would in effect be in control, parents would want to set a range of controls appropriate for their children, which may be different for a five year-old and a 15 year-old.
Lord Harris of Haringey: I am sorry because I realise the Minister is trying to close his remarks. But I am trying to understand the answer that he has just given my noble friend. Is he in essence saying that the Government are disregarding the recommendations from those two reports because the age verification used for gambling sites kicks in only at 18? The point is that they are saying that age verification is an important mechanism. We have the evidence from the gambling sites that age verification is possible and can work. Why is it not possible to put the two things together and introduce age verification structures that may kick in at younger ages?
Viscount Younger of Leckie: I note the noble Lord’s comment but the issue of age verification is more complicated than at first it appears. We need more time to discuss this. The best thing for me to do is to get back to the noble Lord and other noble Lords who have raised this particular issue with some answers.
Technology changes rapidly and legislation does not. Industry is better placed than legislators to design the simple and effective tools that parents want, keeping pace with technology and the way that their children access the internet. But there is a role for government in setting an expectation, bringing the right people together and always pushing for more and better-
Lord Maginnis of Drumglass: I am sorry to intervene again, but it is necessary. Everything that the Minister appears to be telling us is unsatisfactory. If it is not possible for legislators to set standards, how will a mishmash of providers across the entire community come up with anything that is consistent and reliable? Will he at least tell us that?
Viscount Younger of Leckie: I can reassure the noble Lord that it is in their interests to bring themselves up to scratch in order to be able to produce online safety for children. I know that this will not be a satisfactory answer for him, but our view is that it is the responsibility of parents, ultimately, to take this forward.
Lord Harris of Haringey: My Lords, why does the Minister say that it is in the interests of online suppliers to do this? It costs them money, they are in a highly competitive market and I suspect that a large number of them make money on the basis that they know perfectly well what some of their users want to access online and they simply want to increase the number of users. Why is it in their interests to introduce this without some form of regulation in the background?
Baroness Thornton: I am sorry, but before the noble Viscount sits down, I asked very specifically at least twice during my remarks whether the Government support the Bill in principle. The Minister has not answered that question. It is very important. It does not necessarily mean that the Minister wants the Bill, as it stands, to go forward, but the principle behind the Bill, that of protecting children from adult content online, seems obvious and I would really like to hear from the Government that that is the case. I do not wish to be rude to the Minister, but I wonder whether his speech was drafted in California or Whitehall.
This morning I have signed a letter sent by Baroness Howe to the Prime Minister seeking urgent clarification of the Government’s position. The letter says:
“We are writing to express concern about the Government’s policy on child internet safety following Friday’s debate on the Online Safety Bill in the House of Lords.
Just last month OFCOM published research highlighting the problems parents face in setting up their own filtering arrangements without government assistance, demonstrating what we already know, namely that parental controls are perceived to be “a fairly complex area, and… choosing and installing them would therefore require a considerable investment of time and effort”.
In this context, we feel that the approach suggested by the Minister – who appeared to suggest that putting in place appropriate protections is a matter for parents who should be better educated – is less than helpful.
We were particularly concerned that the Minister dismissed an opt-in system, as if the Government had always been opposed to it. This is troubling for two reasons. First, the opt-in model provides parents with the greatest level of assistance with filtering, whilst not in any way taking their decision-making responsibility away. It actually empowers them. Second, the opt-in model has just been presented by the Government (further to your very welcome intervention after the publication of the Perry Report) as one of three options that it is considering for promoting child safety on-line in its summer Parental Internet Controls Consultation, to which it has yet to make a formal response. This is particularly unfortunate not least because many parents engaged with the consultation believing opt-in to be a genuine option.
As the Government has yet to publish its response to the Parental Internet Controls Consultation, the good news is that there is still scope for the position presented on Friday to be reassessed in light of consultation submissions and indeed arguments made during the Second Reading debate.
We would urge you to do this and would be grateful for the opportunity for a meeting with you to discuss this matter further.
In closing a positive note from the Minister’s response is that he did not seem very sure about rejecting age-verification and said he would write to Peers. The truth is that without age-verification any form on online protection will be very weak. That age-verification is possible is clearly demonstrated by the regulatory frameworks surrounding online gambling and the sale of alcohol online which were stressed during the debate. Age-verification must be central to whatever regulatory framework the Government adopts.
We remain deeply concerned about this issue, as we know you are, and want to work with you to secure the most robust regulatory framework for our children. They deserve it.”
The letter is signed by three Labour, one Conservative, one LibDem and five independent/crossbench peers.
My speech in the debate was as folows:
“My Lords, the whole House is enormously grateful to the noble Baroness, Lady Howe of Idlicote, for bringing forward this timely and important Bill today. The degree of support that it seems to be finding from all quarters of your Lordships’ House is encouraging. Indeed, it is encouraging to see the range of speakers that we have today. That fact alone should send a very clear message to the Government that they should no longer be dithering on these issues but moving to try to find some solutions. There is also a very clear message to the internet service providers that they, too, need to put their house in order and start to find the most appropriate technical solutions to these problems.
The only note of dissent so far has been from the noble Lord, Lord Lucas. He seemed to make the point that the Bill would place too much of an onus on internet service providers, that this was not what they were good at, and that responsibility should essentially rest with parents. I hope that I have not misrepresented his argument too greatly. That is the standard defence that is heard in these arguments in all aspects: that the internet service providers are the mere conduit or the mere pipeline by which this stuff gets into people’s homes and that somehow, because they are merely the provider of the pipe, they are not responsible for anything that flows through it. To argue that they therefore have no responsibility is rather like saying that water companies have no responsibility for purifying the water that they deliver, because their main purpose-the thing that they are good at-is providing pipes. Actually, they are not that good at that either, given the level of leaks. We do not accept that argument. We say that there is a responsibility on the providers of the pipeline to ensure that the water is pure and safe. That is essentially what the Bill is about.
Let us be clear. In this country, access to pornography is controlled offline. Therefore, there are limitations but they are not total limitations. However, it is made more difficult to access pornography in printed form, on DVD or whatever else. This legislation, should it be passed, will enable us to adjust to the fact that society increasingly exists online. It levels the playing field. It brings what is happening on the internet to the level of everything else, whether it is the top shelf of the newsagent or the age clarification which exists for cinema or DVD material.
We also know that Parliament has already legislated on the principle of age verification. The Gambling Act requires robust age verification. We have already tested this and Parliament has been through these arguments. As my noble friend Lady Dean said, the world did not end because age verification was required in that area-actually, she was applying it to another area, but the principle is that the world did not end. Age verification can be done and it now needs to be applied more generally. The solutions are available and workable. A number of sites notionally have an age restriction but the reality is that those restrictions are laughably weak. However, mechanisms are available that can make those age restrictions work. We should be encouraging that and this Bill is a step towards enabling that to happen.
The other change that has happened in recent years, which we have to accept, is that most children now spend much of their lives online. Most of their social transactions are mediated through internet-enabled mobile phones. The days when I recall one of my sons spending about three hours on the phone to arrange where he and his mates would meet no longer apply. Now, it is all done through the internet-through social media networks and so on. Ofcom’s survey in 2011 found that the average time spent online by five to 15 year-olds was 90 minutes per day. However, I suspect that that statistic is already out of date. It is probable that most five year-olds do not spend that amount of time online but that therefore means that the figure for slightly older age groups is much higher. The same survey found that many-in this instance, I think it was 41%-had been disturbed by something that they had found online and that a quarter had received unsolicited explicit material online.
That was a survey of a year ago. This is an area where things move rapidly and I suspect that we need to have in place legislation that is able to respond to these changes. Those figures will already be out of date. Even I was surprised to learn that 37% of three to four year-olds use the internet, but we have all heard stories of, and perhaps even seen, toddlers whose reaction to a picture in a printed book is to try to expand it with their fingers to make the image get larger. Again, I suspect we are simply not keeping up with the trends.
The reality, which again was found by the Ofcom survey, is that parents know less about the internet than their children do. I recall that when I was part of the sub-committee of the Science and Technology Committee that looked at personal internet security, we were told repeatedly of parents who could not quite manage the parental control software and so got their children to install it for them. That is hardly going to induce this sort of control and maybe they were not quite the responsible parents whom we are looking for, but that is the reality. The children are ahead of their parents in all this, so you have to make it easier for the parent who wants to be responsible. In my view, this is what this Bill is about: opt-in control through ISPs will limit unsolicited and inappropriate material getting into the home.
There is also a sort of golden age view, rather like the image of the family sitting around the dining table in their front room listening to the Home Service, which we were all brought up with in the 1950s. If it ever really was a golden age, the day of the concept of the computer being somewhere in the main room of the home, so that access to the internet is mediated through that process, has long passed. There are now so many internet-enabled devices in most homes that such access is not confined to one room where there may be adequate supervision.
Most children, as has already been said, will have internet-enabled mobile phones but most of the game machines that they use in their bedrooms are also now internet-enabled. There are Xboxes and Game Boys, and all these things are internet-enabled. Not all of them can receive images or material but that is the direction of travel. Children play games on them with people all over the world whom they do not know. That raises all sorts of interesting and wider child protection questions but it demonstrates why we have to be able to control the pipeline that delivers what comes into the home. It is not just about the main computer; it is about all the internet material that comes into the home, which is mediated through the channel of the internet service providers. However responsible parents may be, they can simply no longer actively monitor all the material that their children are accessing, even if such total monitoring would be wholly desirable.
There is of course a collective responsibility in all this. In that inquiry into personal internet security, we used the road safety analogy. We said that responsibility for safety on the roads was accepted and that there was: a personal responsibility as to how you were a road user, whether you were a driver or a pedestrian; a responsibility on the manufacturers of cars to make their cars more safe; a responsibility on local authorities to ensure that roads were well lit; and a responsibility to have roads that were well maintained. All that was with a view to delivering safety. We need to take that same approach to these sorts of issues.
Frankly, children need to be educated about internet safety at the same time as they receive road safety advice. We should be looking at them doing it at that young an age. Parents need to be enabled to be responsible through the measures contained in this Bill by being able to decide, in terms of the material that can come into the home, not to opt in to pornographic material. ISPs and equipment manufacturers need to make it easier for parents, and site owners need to have robust age verification.
This Bill is not a total solution to the problems of online safety but it is a step in the right direction, making it easier for everyone to play their part in securing online safety. I sincerely hope that the Government are going to be supportive and, if not, I hope that they are going to tell us how they will move forward on these issues.”
There was a fairly surreal discussion in the House of Lords this afternoon following the Government statement on the resignation of the Director General of the BBC. This reflects the wider political and media preoccupation with the inner workings of the BBC and not the very serious allegations of child abuse that lay beneath the two questionable editorial decisions by those in charge of the BBC Newsnight programme.
The depths were plumbed by Lord Pearson of Rannoch, former Leader of UKIP, who seemed to think that the central issue was that “a large majority” of the members of the BBC Trust are “climate change enthusiasts” and that “the BBC remains blindly Europhile …. as exemplified by its chairman, who has a large EU pension which he could lose if he went against what the European Commission regards as the interests of the European communities.”
It took a Bishop to reinject some sanity into the discussion:
My Lords, I am very grateful that in the initial Statement the Minister said that we must continue to recognise the needs of those who have been abused. He spoke of the BBC facing a series of crises. Those who were abused face a far more serious series of crises. Will he stress again that the primary concern at this point needs to be the protection of children and young people? Will he also stress the continuing desire of us all to encourage those who have suffered abuse to come forward so we can change the culture of how we deal with such issues?
But that didn’t stop Lord Stoddart of Swindon from trying to bring the debate back to the people selected as BBC Trustees and lobbying for his UKIP mate, Lord Pearson, to be appointed:
Does the noble Lord agree that the selection pool for the BBC Trust is very narrow? Would it not be as well that that pool should be widened so that a perhaps more critical attitude could be taken of the operations of the BBC? Perhaps one of the new candidates could be the noble Lord, Lord Pearson of Rannoch.
My Lords, the right reverend Prelate has rightly reminded the House that the people we should be most concerned about in all of this are those who were the victims of abuse. Can the Minister comment on whether the Government feel that the frenzy around the existential crisis of the BBC is not really a distraction from concerns that there was very real abuse in children’s homes in north Wales and elsewhere; that there was an individual who, because of his celebrity, was able to abuse children all over the country; and that we are in danger of being deflected, which of course plays into the hands of those who would rather cover up what happened and the names of those who were ultimately responsible?
There was an oral question in the House of Lords this afternoon on what measures the Government are proposing to take to recognise the contribution the Armed Forces made to the success of the 2012 Olympic and Paralympic Games. (Apparently, those who helped with the Games will be receiving a commemorative coin.)
The House was unanimous in its support for the efforts and hard work of those servicemen and women who were drafted in at short notice to help with security at the Games. However, inevitably the questioning turned to the failures of G4S which led to the army being called in in the first place.
And my colleague Lord Alan West broadened it to the dangers of privatisation in general:
My contribution was as follows:
And the Defence Minister was simply not prepared to answer …
Last week I signed up to become an IWF Champion. This means that I fully support the important work that the Internet Watch Foundation (IWF) does to remove child sexual abuse images on the internet.
The IWF was established in 1996 by the internet industry to provide the UK internet Hotline for the public and IT professionals to report criminal online content in a secure and confidential way.
The IWF Hotline service can be used anonymously to report content within its remit. The IWF successfully works in partnership with the online industry, law enforcement, government, and international partners to minimise the availability of this content, specifically:
The IWF helps internet service providers and hosting companies to combat the abuse of their networks through its ‘notice and takedown’ service which alerts them to content within its remit so they can remove it from their networks. The IWF also provides unique data to law enforcement partners in the UK and abroad to assist investigations into the distributors. As a result of this approach the content the IWF deals with has been virtually removed from UK networks. As sexually abusive images of children are primarily hosted abroad, the IWF facilitates the industry-led initiative to protect users from inadvertent exposure to this content by blocking access to it through their provision of a dynamic list of child sexual abuse web pages.
I am proud to be associated with an organisation that has successfully:
A nice crisp morning at Wembley Stadium saw the launch of the first funding round of the Wembley National Stadium Trust.
The Trust, which I chair, was set up in 1996 and was originally the vehicle which bid for National Lottery money for the new National Stadium to be built on the Wembley site. In exchange for the £120 million grant that secured the site it was a condition of the grant that once the new Stadium had been open for five years 1% of its turnover should be passed to the Trust for distribution as charitable grants.
The old stadium closed in 2000 and the new Stadium finally opened in 2007, which means that five years has now passed, and the Trust now has the proceeds to make its first grants. Applications are now open and the aim will be to award around £300,000 to projects supporting sports activities across Brent. Dozens of local groups are likely to benefit.
And to help us at the launch, I was joined by Rachel Yankey MBE, England’s most capped women’s footballer, and Olympic gold medal winning boxer James DeGale MBE, along with the Stadium’s Managing Director, Roger Maslin.
Full details of the application process are available on the Trust’s website at www.wnst.org.uk and applications must be received by 5pm on 7th December for this round of grants. Subsequent rounds will benefit projects across London and from time to time major nation-wide grants will be made.
I have just returned from a powerful adaptation of Jack Mapanje‘s prison memoir “And Crocodiles are Hungry at Night” at the Africa Centre. The memoir tells the story of the arrest and imprisonment without charge of Jack Mapanje, an academic and poet, in the dying days of Hasting Banda’s Malawi. The arrest, probably generated by academic jealousy, led to incarceration for 3 years, 7 months and 16 days and had a profound effect not only on Jack but on his family. His release followed a lengthy campaign by Amnesty International and PEN International.
The production presented by Bilimankhwe Arts (of which I am a trustee) has an impressive central performance by Misheck Mzumara as the poet, but the entire ensemble are highly effective – particularly in showing the interplay of the prisoners sharing a single cell and their relationship with their guards.
The play runs to 18th August and tickets can be obtained here.