Protection of Freedoms Bill

My Lords, in moving Amendment 107, I will speak also to Amendment 109 in my name and to Amendment 108 in the name of my noble friends Lady Walmsley and Lady Hamwee, as these amendments really provide a set of options. These probing amendments seek to ensure that the range of bodies that will be subject to the code is clarified by the Government. They also seek to find out whether there are intentions to widen the range of bodies involved beyond the local authorities and the police, as specified in the Bill. I realise that Clause 33(5)(k) gives the Secretary of State power to widen the scope. This may indicate a gradualist approach on the part of the Government, which I will touch on later. Amendment 107, which gives the widest interpretation of the options provided by these three amendments, suggests that any body in receipt of public money should be subject to the code. Among many others, that would encompass quangos, a host of arm’s-length bodies, schools, colleges and universities, plus the devolved Administrations and their associated bodies. It might be argued that, once you introduce a code for some bodies, there is no logical way of dividing up public bodies and quasi-public bodies between those that should follow the code and those that need not do so. The amendment would require all bodies in receipt of public money to abide by the code. Amendment 109 gives a detailed description of a variety of educational institutions, hence narrowing down the first tranche of bodies to be subject to the code as a possibility for the Government to pursue. Thus amended, the Bill would apply not just to local authorities and the police but to educational institutions as well. Of course, the Bill does apply to schools in other respects. Amendment 108 has raised concerns, because schools will not be required to have regard to the code of practice on the use of CCTV in the same way as is required of other organisations. Research done for the Association of Teachers and Lecturers in 2008 found that 85 per cent of teachers worked in schools with CCTV. I venture to suggest that, with that research now three years old, the percentage is now probably higher. Of those questioned, while 98 per cent of teachers believed that the cameras were there for security purposes and to monitor vandalism, more than half of them said that the cameras were there to monitor the behaviour of children in school. In other words, there was confusion in the minds of the teachers themselves as to the proper purpose of the cameras. More than three-quarters of the teachers questioned reported that cameras were being used at school entrances, which is understandable. Worryingly, 10 per cent said that the cameras monitored the school toilets. Although anyone who has ever been involved in education will know that toilets can be a good place to hang out if you are trying to avoid a lesson, it is very concerning that the privacy of young people is being infringed on in this way. As the Government say, I strongly believe that there is a place for CCTV in our lives; it has an important role to undertake. But the issue of proportionality has to come into it. The same research showed that it was reported in February this year that one school in Coventry had installed 112 CCTV cameras. To my mind, that shows that CCTV use can go over from the reasonable to the unreasonable. The question that I come to in relation to this amendment is why the cameras are there in schools. For whose safety is it? Is it to provide evidence of breaches of school discipline or to provide for the safety of the pupils? Is it to provide for the safety of the staff? The inclusion of schools and education institutions in general is very important to provide clarity in this respect. When I first read the Bill, I was very surprised by the very limited reach of the code specified in Clause 33. In my experience as an elected Member, before I became a Member of this House, I came across two very serious cases of abuse of CCTV camera surveillance. One was on the property of the National Assembly for Wales and the second in a hall of residence in a university. The abuse in both cases was the misuse of CCTV cameras to spy into bedrooms—in one case in the hall of residence and in the other case in a neighbouring residential property. The cause of the problem here was insufficient training and supervision of the staff involved, and access to the cameras and recordings being far too freely available. We have in these amendments singled out educational institutions in particular, because this is where young people are particularly and persistently vulnerable. I was also involved in the production of some legislation in the National Assembly on provision of school transport, which included a requirement for CCTV cameras on school buses. This sparked a considerable debate and deep thought about the use to which the footage could be put and who should have access to it. Was the CCTV camera requirement there to protect children or the drivers? Was it there to encourage good behaviour on the buses? Supposing that a child was accused of shoplifting at a particular time in the afternoon and could prove that he was on the school bus at that time, because of the use of the CCTV footage, would that be a legitimate use of the CCTV footage? That is the kind of complexity that we are moving into. The issue of which body should be subject to the code was raised by the respondents to the Home Office consultation, who asked for a definition of public and semi-public space. Can the Minister address the issue of how far the Government envisage that this code will be extended to bodies other than those specified at this moment? If the Government adopt the incremental approach which paragraph (k) seems to suggest, how long do they envisage it will be before the impact of the code is fully felt? I beg to move.