8 Baroness Andrews debates involving the Home Office

Wed 17th Mar 2021
Wed 24th Feb 2021
Non-Domestic Rating (Public Lavatories) Bill
Lords Chamber

Committee stage & Committee stage:Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Mon 1st Feb 2021
Domestic Abuse Bill
Lords Chamber

Committee stage:Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Wed 27th Jan 2021
Domestic Abuse Bill
Lords Chamber

Committee stage:Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tue 5th Jan 2021
Domestic Abuse Bill
Lords Chamber

2nd reading (Hansard) & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading
Wed 11th Nov 2020

Domestic Abuse Bill

Baroness Andrews Excerpts
Lord Ramsbotham Portrait Lord Ramsbotham (CB) [V]
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Amendment 92 is in my name and those of the noble Baronesses, Lady Finlay of Llandaff and Lady Whitaker, and the noble Lord, Lord Shinkwin. As in Committee, I declare an interest as co-chair of the All-Party Parliamentary Group on Speech and Language Difficulties.

In Committee, I tabled a number of amendments designed to have the speech, language and communication needs of victims of domestic abuse and their children included in the Bill. I am most grateful to the noble Lord, Lord Parkinson of Whitley Bay, for his response in Committee and for seeing me and a number of colleagues last week to discuss how this might be taken forward. I was particularly pleased to hear that officials were studying the issue, and I am pleased to learn from them that the Government are thinking of making revisions to the Bill before Royal Assent.

When moving a previous amendment, I reminded the House that many noble Lords often raised matters which they thought should be on the face of legislation during the detailed scrutiny that each Bill received in this House, which Bill teams almost invariably briefed their Ministers to turn down, but the method behind the apparent madness of the proposers of such amendments was that officials cannot be expected to know as much detail as professionals in the field, and their successors may well be grateful for having had their attention drawn to particular detail.

One example of this was quoted by the noble Baroness, Lady Newlove, very movingly on the first day on Report, when she referred to the traumas suffered by one of her daughters after witnessing the horrific murder of her father, following which she required speech therapy. If the traumatic effects on children of witnessing horrific events such as domestic abuse had been set down somewhere, officials might know what to advise the victims. It makes sense for a Government to draw on the advice of experts in drawing up a Bill and, as they draw up this piece of legislation, I appeal to them to listen to the expertise of the Royal College of Speech and Language Therapists, I CAN, the leading children’s communication charity, and the Association of Youth Offending Team Managers, all of which support the amendment.

The ability to communicate is a vital life skill, and early speech and language training an important factor in every child’s health and development—which I am glad the Minister recognises. As I said in Committee, those victims of domestic abuse who also face communication barriers are arguably among the most vulnerable, given the added difficulties that they face in asking for help. This is why the Government should make it abundantly clear that local authorities should consider what additional barriers they may have erected, preventing victims seeking refuge or access to other, safer accommodation services.

I have gone on quite long enough. My amendment is designed to provide a new opportunity for the Government to set out how they propose to issue guidance to local authorities under Part 4 of the Act. There are four aspects to any guidance, which will each be covered by a following speaker. The first is the link between domestic abuse and speech, language and communication needs. The second is the impact of witnessing domestic abuse on children’s speech, language and communication needs. The third is the services available to support people with speech, language and communication needs who are experiencing domestic abuse; and the fourth is how support provided by local authorities can be made inclusive and accessible to people with speech, language and communication needs. I beg to move.

Baroness Andrews Portrait Baroness Andrews (Lab) [V]
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My Lords, it is a pleasure to follow the noble Lord, Lord Ramsbotham, and to support the work that he has done on this amendment from the start of the Bill. I will not repeat the arguments for the amendment because, frankly, I think the Government have got the point that children and adults with speech and language difficulties are at greater risk of abuse than others and are therefore among the most vulnerable victims of domestic abuse. They have asked for, deserve and should now be given extra protection. In the debate we have heard powerfully from many noble Lords how much support there is for action in this Bill which will help these children and adults, because they face not only physical abuse but collateral dangers such as other mental health issues, substance misuse, literacy difficulties, learning disabilities, brain injury, neurodiversity, cognitive issues and, for many, rough sleeping and homelessness.

Including references to speech, language and communication needs in the Bill’s statutory guidance is what we are after. If we do this, we can ensure that the issues can be properly addressed so that some of the most vulnerable people can access the support that they need. I think the Government will say this evening that they have listened, but what we are listening out for is assurances that the guidance itself will be explicit on this point.

To make the Government’s task easier, the Royal College of Speech and Language Therapists has done the hard work. The experts to which the noble Lord, Lord Ramsbotham, referred have suggested a few specific ways of strengthening the guidance, and we are all grateful to them for their thoughtful and expert help throughout this Bill. They suggest:

“The Draft Statutory Guidance Framework might be strengthened by specifically referencing speech, language and communication needs in the following ways”,


I ask the House to bear with me while I read what they said. In chapter 2, “Understanding Domestic Abuse”, they said:

“Referring to speech, language and communication needs as a separate and specific intersectionality, inserting in Paragraph 58 that they are one of the barriers to people leaving … inserting in Paragraph 79 that they are one of the specific impairments that may result in people experiencing abuse.”


In chapter 4, “Agency Response to Domestic Abuse”, they suggest:

“Inserting in Paragraph 176 that they are a specific vulnerability and a barrier to disclosing information and seeking support”.


Finally, in chapter 5, “Commissioning Response to Domestic Abuse”, they say:

“Inserting a reference in Paragraph 232 that they are one of the diverse needs to which local strategies and services have to respond … Inserting a reference in Paragraph 247 that they are an additional barrier that people experiencing domestic abuse face. The Government could also usefully commit to ensuring that the national statement of expectations, which is due to be published later this year, references speech, language and communication needs.”


I will press the Minister to give us an answer, because these are modest but powerful changes. They should be accepted and incorporated in the guidance. As I said, this hard work has already been done for the Government. It is the least that the Government can now do. Having recognised that there is a specific problem, it can be addressed here, even if not entirely solved. We seek the Minister’s assurances that he will absolutely do this.

Non-Domestic Rating (Public Lavatories) Bill

Baroness Andrews Excerpts
Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wednesday 24th February 2021

(3 years, 2 months ago)

Lords Chamber
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Baroness Thomas of Winchester Portrait Baroness Thomas of Winchester (LD) [V]
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My Lords, I so agree with what the noble Lord, Lord Lucas, just said. I support Amendment 11, but am speaking to Amendment 14, which follows Amendment 11 in this group, calling on the Government to undertake a review of the impact of the Act on the provision of accessible lavatories within a year of its passing.

There are three reasons why we need to know whether the change in rating for stand-alone public loos is resulting in more accessible facilities. First, the population is getting older, so there will be more disabled and elderly people about in the future than there are now, which means that the need for accessible toilets will grow. Secondly, sadly, there will not be so many food outlets on the high street which have accessible toilets for use by the general public, because of multiple closures in the wake of the pandemic. Thirdly, thousands of disabled people, like me, have spent the last year shielding, which means that they will not have been out and about. Many will now be more fearful than ever about going out without knowing where they can spend a penny in an accessible toilet. The Minister may say that any review should be done by local authorities, but we will not have a national picture unless the Government take ownership of it. Perhaps the British Toilet Association could help with up-to-date information.

I asked the Minister, at a meeting to which he kindly agreed, whether he could tell us how the £30 million rollout of Changing Places was going. These wonderful facilities are absolutely vital to about 250,000 disabled people. They are needed in town centres, arts venues, hospitals and wherever there are large gatherings of people. We have heard a bit about them this afternoon. Perhaps the Minister will undertake to give us more specific information at the next stage of the Bill.

Baroness Andrews Portrait Baroness Andrews (Lab) [V]
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My Lords, it is a great pleasure to follow the noble Baroness, Lady Thomas of Winchester, and to support what she said. I am speaking in support of Amendment 11 and particularly to Amendment 13. I am conscious that the noble Baroness, Lady Greengross, is not able to be in her place today, because we all know what a superb advocate she is for all these matters. I am happy to support these amendments, because they are significant.

Amendment 13 makes clear what everybody who supports the Bill already knows: that we want to ensure that it works; that it is seen to be working; and that the evidence is collected and available for us to see. There is a matter of principle here: that public policy changes should be seen to be effective, especially when public money is involved; that when local funds are dedicated to a particular purpose, they are used for that purpose; and that there is transparency and agency in local and national government.

There is also a practical issue here. As the noble Lord, Lord Greaves, said, we have waited a long time for practical and universal initiatives to be taken to stop the closure of public lavatories and to place them in their proper context, which is within a robust and vigilant policy for local health and safety, rather than in some afterthought where no one is really interested in what happens to them.

As I said on Second Reading, the Bill is very welcome, but it would be a major disappointment if the funding that is going to be generated is not used for that purpose. We have to know the impact of the Bill, that it works and that it has achieved its purpose, and we need the evidence to be published. As other noble Lords have said, it is all the more crucial that we know this, because the measures will be introduced at a time when local authorities have never been more strapped, and it has never been more difficult to decide on priorities. We need to know that this small change will take its place in the range of priorities.

Local government needs financial and political investment to repair the damage and help to rebuild communities. I think that the Bill is part of that and part of the fabric of our whole public health and preventive health system, for the personal reasons that many noble Lords have raised today, and as part of a series of principles. I support these amendments and look forward to the Minister’s response. I cannot see any possible reason for rejecting them and I hope I am right in that respect.

Baroness Randerson Portrait Baroness Randerson (LD) [V]
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My Lords, all the amendments in this group are designed to ensure that the Bill is not the end of the matter, and that the Government are forced to confront the appalling and declining state of public conveniences in Britain. The Bill will not start to tackle the many problems. The Explanatory Memorandum tells us that it will involve redistributing £6 million back to local authorities in England. There are 343 local authorities in England—of course, I realise that there is some double counting because of two-tier areas—but this number does not include parish councils. There are 9,000 of those, many of which go on to take responsibility for public toilets. The Committee can immediately see from those figures that £6 million will not go far; it will be swallowed up in the general budget of local authorities, which are chronically short of cash.

Domestic Abuse Bill

Baroness Andrews Excerpts
Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021

(3 years, 3 months ago)

Lords Chamber
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Lord Ramsbotham Portrait Lord Ramsbotham (CB) [V]
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My Lords, in begging leave to move Amendment 90—which I am most grateful to the noble Lord, Lord Rosser, for trailing and which might, with advantage, have been included in the group containing the other amendments on speech, language and communication needs that we considered in Committee last Wednesday—I declare my interest as co-chair of the All-Party Parliamentary Group on Speech and Language Difficulties.

Since our considerations in Committee last Wednesday, I have studied in great detail the responses of the noble Lord, Lord Parkinson of Whitley Bay, on some of which I shall now comment. The Minister said, inter alia:

“Those facing communication barriers are, arguably, some of the most vulnerable victims of domestic abuse … there is an important balance to strike between providing local authorities with the flexibility to meet particular local needs and … a consistent approach to the provision of support.”


He sought to reassure the Committee that

“the Bill already provides a framework to ensure that the speech, language and communication needs of victims are addressed.”—[Official Report, 27/1/21; cols. 1635-37.]

The provision of information in an accessible and inclusive format is one item that would benefit from a consistent approach to the provision of support. Because I am not reassured that the Bill covers this, I beg to move Amendment 90.

Baroness Andrews Portrait Baroness Andrews (Lab) [V]
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My Lords, following the helpful debate on the associated amendments last Wednesday, it is quite useful that we now have this debate on Amendment 90, specifically on how to support people with disabilities, particularly speech and language difficulties, with practical support for communication at the point at which they are seeking help.

With the best will in the world, there is little point in the agencies that are there to support them—whether they are specialist charities or local authorities—if those who are at greatest risk do not know, cannot follow or act on, cannot understand, cannot access and cannot make use of who can help them and how. The amendments debated last week had the powerful support of the UK Says No More campaign. This amendment is no exception, because it holds the key to getting help when it is most needed.

I am afraid the predictable response from government may be to say that information is available in different languages and sign language, but I say what the specialist groups in the field say: this simply does not go far enough. A leaflet, no matter how plain the language, would never be a substitute for the sort of help that can be provided only by a sympathetic advocate who takes the person by the hand along the pathway to safety. That is why we have given such priority to the service itself employing speech and language specialists.

We want to see any kind of communication in an easy-read format, obviously, but also made accessible on augmentation and alternative communication devices. But the idea that all problems can be solved by the written word, however plain the language—that is, of course, the first and most basic requirement—or even sign language, is simplistic and out of date.

Many people with speech and language difficulties are capable of—and even more dependent than the rest of us on—using technology, but emails, advice and all communications need to be jargon free. Where possible, signs and symbols can be used. It requires knowledge and empathy to get this right, but they are not in short supply and the Bill can benefit from them.

Domestic Abuse Bill

Baroness Andrews Excerpts
Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 27th January 2021

(3 years, 3 months ago)

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Lord Ramsbotham Portrait Lord Ramsbotham (CB) [V]
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My Lords, in moving Amendment 22 I will speak also to Amendments 92, 105, 110 and 187, which are in my name and those of the noble Baroness, Lady Andrews, my noble friend Baroness Finlay of Llandaff and the noble Lord, Lord Shinkwin. In doing so, I declare my interest as co-chair of the All-Party Parliamentary Group on Speech and Language Difficulties. Unfortunately, I was unable to trail these amendments at Second Reading, for which I apologise to the Committee.

My co-chair, Geraint Davies MP, and I wrote to the Home Secretary in June, appealing to her to place a duty on the domestic abuse commissioner and local authorities to ensure that good practice should include the identification of, and appropriate support for, communication needs. We also appealed to her to allow victims of abuse, with communication disabilities and needs, to be allowed to give evidence in court in private. We also asked that speech and language therapists should serve on domestic abuse local partnership boards. We received a reply to this in September from Victoria Atkins MP, the Minister for Safeguarding, in which she said that the Government continued to prioritise improving speech and language outcomes, based on early identification and targeted support.

I well remember being introduced to the importance of having communication needs addressed by two cases when I was Chief Inspector of Prisons. The first was a woman who had been beaten into dumbness by her abusive partner. The creative writer at her prison encouraged her to express her feelings in poetry, which she then gave to other women to read out. One day the creative writer asked the woman herself to read her poem, and she found that she was able to. Her dumbness having been cured, the authorities could work with her. The same thing happened to a young offender who had been beaten into dumbness by his abusive father. Thanks to a speech and language therapist, the authorities were then able to plan a future that did not include return to his family.

I return to the amendments, which seek to flesh out the contents of our letter to the Home Secretary. Amendment 22 seeks to put the identification of and response to speech and communication needs into the Bill. Amendment 92 seeks to introduce local authority responsibility. Amendment 105 seeks to include speech and language therapists in domestic abuse local partnership boards, while Amendment 110 seeks to ensure that those with communication needs are provided with appropriate support in court. Amendment 187 adds the impact on children of witnessing domestic abuse to the importance of assessing the communication treatment that a victim may need. I beg to move.

Baroness Andrews Portrait Baroness Andrews (Lab) [V]
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My Lords, I have signed this group of amendments, introduced by the noble Lord, Lord Ramsbotham, with such conviction, because this area of domestic abuse is even more hidden from outside view than is normally the case.

The ability to defend oneself depends so much on the ability to use language—to express grief and hurt and to offer explanation and defence. We know that, for young people and children in particular, communication difficulties—difficulties in being understood and in understanding—can lead to invisibility as well as inaudibility. At worst, they lead to bullying in school and throughout life. These young people live at the heart of a perfect storm. Disabled people, shamefully, as we have learned throughout this debate, experience disproportionately higher and more prolonged abuse. They cannot as easily protect themselves or find protection. Their children, even if not directly abused themselves, will observe all of this—and, equally shamefully, disproportionately. Witnessing a parent being abused is itself the most hideous form of abuse. The children live with this violence and misery as victims and observers, silently and alone.

We can all understand that, but research underpins it and shows categorically that abused children are likely to have poor language and social skills. As research by Refuge has also found, they become afraid of the very people they count on to love them. It is no wonder that pre-school children shrink away into silence. While their disabilities grow worse, other children exposed to domestic violence are likely to be at risk of developing significant speech and language problems. Again, research documents a significant difference in hearing and speech development.

If that is combined with learning difficulties, as is often the case, children neither know what is happening to them, nor can they explain to other people what it feels like, except that many must feel that it is all their fault. The impacts are deep and lifelong. It is hard to imagine the mental torture for a child seeing a parent being violently hurt, and having to stand by, imprisoned by fear and locked in silence. Lifelong impacts must be at least loss of confidence in all relationships, as well as on learning.

We want to take the opportunity in the Bill not just to recognise the particularly vulnerable and dangerous situation that those children and young people face but, through these amendments, to build in agency and capacity for change. The first step must be, as set out in the amendment, to recognise and articulate the issue. The amendment would place a legal duty on the domestic abuse commissioner to ensure that the good practice that the commissioner must encourage has to include the identification of and appropriate support for communication needs. Given that there is no reason on earth why the Government should not accept the amendment, in all humanity, we ask the Minister how she sees this operating in good practice.

Amendment 92 and subsequent amendments in the group would embed agency at the level of local authority and practice, so that the needs of those children are made explicit in the local strategy, ensuring that they have a champion and advocate, a speech and language specialist. Such services are reflected in later amendments dealing with the courts. The Royal College of Speech and Language Therapists put it powerfully, stating:

“It would help support not just those affected by domestic abuse, but also the other professionals working with them to understand the links between domestic abuse and communication needs, how the latter may present and their impact, and how to respond appropriately”.


As with so much in this Bill, every aspect of every abuse that we are seeking to correct has taken on more complexity and urgency. However, this group of amendments has a particular moral force. It is primarily about victims of domestic abuse and their children, who are already at a great disadvantage and not well served by present services. They need extra help in this Bill. Your Lordships can make sure that they get it.

Lord Shinkwin Portrait Lord Shinkwin (Con)
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My Lords, it is a pleasure to follow the noble Baroness, Lady Andrews. I am delighted to be a co-signatory to these amendments as someone who has speech, language and communication needs, and as a proud vice-president of the Royal College of Speech and Language Therapists.

I hope that noble Lords might indulge me if I share a detail of my life that has a considerable bearing on why I am supporting these amendments. Yesterday marked exactly 25 years since I should have died. It is slightly surreal to hear myself say that. Yet I will always remember the answer to my question, “What are the odds on my making a complete recovery from the operation?” The response was to the point: “I am afraid I cannot give you odds on survival”. My life was saved by the incredible skill of my neurosurgeon, Anne Moore, and maxillo-facial surgeon, Daniel Archer, who went through the back of my mouth to access my spine and brainstem. I lived to tell the tale, obviously, but the shock of losing the ability to speak and the immense sense of isolation and vulnerability that went with that will stay with me for ever, as will the trauma of three frustrating years before further surgery enabled me to speak intelligibly again.

To compound the anguish of that experience by adding domestic abuse to the situation hardly bears thinking about. So, while I cannot speak from the perspective of someone with communication needs who has suffered domestic abuse, my personal experience teaches me that the changes outlined so eloquently by the noble Lord, Lord Ramsbotham, and the noble Baroness, Lady Andrews, are needed.

A central lesson, for me, of the Disability Discrimination Act 1995 and the Equality Act 2010 is that change does not happen by accident. It needs to be continuous and to be codified and embedded in practice. So, I support placing a legal duty on the domestic abuse commissioner to ensure that the good practice they are required to encourage includes the identification of and appropriate support for communication needs, in line with the amendment.

The measures provided for by these amendments are necessary. Local domestic abuse strategies need to detail how the local authority will identify and respond to communication needs. Domestic abuse local partnership boards need to include a speech and language therapist. Rules of court must include the provision of appropriate support for those with communication needs, and any guidance issued under the clause referred to in connection with Amendment 187 should include information on the links between domestic abuse and communication needs and, just as importantly, the impact that witnessing domestic abuse, as the noble Baroness, Lady Andrews, explained so clearly, can have on children’s communication needs.

Domestic Abuse Bill

Baroness Andrews Excerpts
2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021

(3 years, 3 months ago)

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Baroness Andrews Portrait Baroness Andrews (Lab) [V]
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My Lords, this Bill really has been a long time in the making, but the problem it addresses is as old as time. It is a good Bill for all the reasons so many noble Lords have said, but there are still gaps that reveal the difficulties in crafting legislation to deal with that most basic and worst of human instincts: the desire to exert power and control over those who cannot defend themselves.

As so many noble Lords have said already, the Bill is dreadfully timely. At this point in our national history when we are thrown literally on to our own resources, and when the differences in what we are and what we own are so devastatingly clear, both the best and the worst of our characters are revealed. In the past year we have seen the best of humanity, but also evidence that shows that it has increased the danger to those who are already in fear of their life in the family home.

Moreover, as other noble Lords pointed out, significant omissions have been identified by the sector and academics working in this area. I am extremely grateful for all the briefing I have received, not least on the need to extend the Bill to cover non-fatal strangulation and the particular vulnerability of people with communication difficulties, who, as the Royal College of Speech and Language Therapists identified, need very specific support. I will support any amendments to address these issues in Committee.

One outstanding omission was addressed but not resolved in the other place. There is no doubt that abuse is not wholly or even mainly physical. Harassment, emotional starvation, gaslighting, and constantly controlling and coercive behaviour have taken time to be identified as equally and lifelong harmful. In 2013 it was identified as a pattern of deliberate domination. It is obviously difficult to police because it is often invisible to anyone outside the relationship. It is also lethal: contemporary research shows that abusive control in a relationship is a better indicator of homicide than evidence of physical violence.

In 2015 it was made a criminal offence by Section 76 of the Serious Crime Act. However, while that new offence has enabled the police to better protect victims, it has proved seriously deficient because the definition of “connected person” in Section 76(2) has a residency requirement, which means that if a survivor has separated from his or her abusive partner the police can no longer use Section 76 to prosecute the abuser.

The consequences are only too predictable. Women—it is usually women—leaving refuges or other safe places are at their most vulnerable. They are removed from emotional, physical and legal protection, are looking for safe and affordable accommodation, often with their children, and are suddenly prey once again to the abuser. This is not speculation. It is based on sound research by leading university experts who have demonstrated that coercive control actually increases after the end of the relationship and takes different forms, particularly economic and financial abuse. The existing laws on stalking and harassment do not cover the situation, and neither does the definition of economic abuse, which is simply too narrow. Research also shows in this instance that economic abuse is also more prevalent post separation.

One case study from the charity, Surviving Economic Abuse, illustrates this. Leslie was with her abusive partner for over 10 years and was the main earner. She put up with physical and economic abuse and, after she left the abuser, he transferred all their money, refused to pay bills and took out loans. The result was homelessness and destitution. It is a personal but not a unique story. Those problems have been identified; they are clear, they are practical and they can be solved. Amendments were laid in the Commons and I am sure that similar ones will have the support of the key organisations in this field.

This is a good Bill that is desperately needed, but the wisdom and expertise of this House can make it better.

Domestic Abuse

Baroness Andrews Excerpts
Wednesday 11th November 2020

(3 years, 5 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I am very happy to take back that suggestion from the noble and learned Baroness as we move forward with this.

Baroness Andrews Portrait Baroness Andrews (Lab) [V]
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My Lords, the Minister will know that, when women leave women’s refuges, they are often at greater risk of harm. What additional protection have the Government put in place to prevent those who have left abusive partners from continued coercive control and financial abuse?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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The noble Baroness asks a very pertinent question in this field. The Government have put in place several forms of protection for victims to prevent continued coercive control, which so often goes on after the event, and economic abuse, including accommodation, community-based services and counselling. The Domestic Abuse Bill and wider action plan will help to ensure that victims have the confidence to come forward and report their experiences, safe in the knowledge that the justice system and other agencies will do everything they can to protect and support them and their children and pursue their abuser.

Immigration Act 2014 (Commencement No. 6) Order 2016

Baroness Andrews Excerpts
Wednesday 24th February 2016

(8 years, 2 months ago)

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which deal with homeless people who have been refused accommodation—we all know that local authorities face a great demand for housing. This is a scheme which in our view is unworkable, disproportionate, discriminatory, affects our reputation internationally among international students, and has a narrow focus on immigrants that badly affects the UK’s own citizens. This needs far longer testing and more and better evaluation and adjustment. I beg to move.
Baroness Andrews Portrait The Deputy Chairman of Committees (Baroness Andrews) (Lab)
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My Lords, if this Motion is agreed to, the Motion in the name of the noble Lord, Lord Rosser, may not be called by reason of pre-emption.

Earl Cathcart Portrait Earl Cathcart (Con)
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My Lords, in Committee on the Immigration Bill on 20 January, I said that I supported delaying the roll out of the pilot scheme. I said:

“I thought that the whole point of a pilot scheme was to ensure that what was being put forward was actually working as intended. However, as mentioned by the noble Baroness, Lady Hamwee, the Joint Council for the Welfare of Immigrants found that two-thirds of landlords had not fully understood the code of practice on preventing illegal immigration or indeed the code of practice on avoiding discrimination, and that 50% of those who had been refused a tenancy felt discriminated against while 40% of tenants in the pilot area had not been asked for any identity documents. That is hardly a resounding success for the pilot scheme, yet the Government want to roll out this contentious scheme across the country next month. That cannot be the right answer”.—[Official Report, 20/1/16; cols.873-874.]

I still hold that view. I have great reservations about rolling out the scheme before the work has been properly done. The Residential Landlords Association recently surveyed almost 1,500 landlords across the country and showed that the vast majority of landlords simply do not have the information they need to undertake the checks properly. I am one of over 90% of landlords who said that they had not received any information from the Government about the right-to-rent checks by mail, email, from an advert or leaflet or from the internet, while 72% of landlords said that they did not understand their obligations under the policy. I only know about the right-to-rent checks because I am a Member of your Lordships’ House. I have received no other information.

Since Committee on the Bill on 20 January, the Minister has held a number of meetings with noble Lords, for which I thank him. My noble friend Lord Howard of Rising and I had one such meeting on not criminalising landlords who had done their best not to rent to illegals. We discussed whether immigration enforcement officers should be issued with clear guidance about when not to prosecute landlords who had done their best, so that only the deliberate flouters of the law could be pursued and prosecuted. I know that other such meetings with the Minister have also taken place on this subject. I do not know what the Minister has managed to achieve as a result of those meetings, so I will listen with great interest to what my noble friend says.

Scrap Metal Dealers Bill

Baroness Andrews Excerpts
Friday 30th November 2012

(11 years, 5 months ago)

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Baroness Andrews Portrait Baroness Andrews
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My Lords, it is always a pleasure to follow the noble Lord, Lord Greaves, who is already beginning to apply his forensic skills to the Bill. It is a great pleasure to welcome the Bill and to join so many others around the House who have already given it their support. Private Members’ Bills are often precarious little craft. The whole House has expressed its pleasure in knowing that this Bill is in such a safe and experienced pair of hands as that of the noble Baroness, Lady Browning. The way she introduced it demonstrated her complete grasp of the issues. It will be a pleasure to engage with the Bill as it goes—I hope very swiftly—through the House. It is very good to know that it has the support of the Government. It can do nothing but bring credit to them. The fact that it has the support of the scrap industry is also extremely significant. Clearly it meets the industry’s aspirations to be seen as reputable and determined to outlaw rogue traders. That is extremely encouraging.

My reason for supporting the Bill is obvious. I declare an interest as the chair of English Heritage. We have been very concerned for a long time about metal theft. We have taken active steps to protect the very precious heritage that is put at risk by the very wicked activity of metal thieves. We very much welcome the Bill as a beneficiary of what it will do rather than as a body that will be directly concerned with its operation. At first sight it may seem an unglamorous Bill, but often the best legislation that has the greatest impact is not glamorous. Both in the House today and at the excellent Second Reading debate in the House of Commons, many examples were given of the way in which metal theft creates private grief and impacts on public safety, of the failure of existing regulation to prevent it, of the timeliness of the Bill and of the complete chaos that exists around the identities of traders, record-keeping, transactions and tax. I hope that the Bill will address those issues.

We are talking about scrap metal, but the title of the Bill is something of a misnomer because these metals are very precious, for example because of the churches they protect. We very much welcome the words of the right reverend Prelate. English Heritage has been very proud in recent years to work with the Church of England and to do what it can. The metals are precious because of the names of our war heroes that are etched in their surfaces, and perhaps because of the extraordinary art and craftsmanship that their form displays. We are dealing with metal that has a value far beyond its market price and which reflects much of our history.

In recent years, all of that has proved vulnerable in a way that we could not have predicted. Like many other noble Lords, I congratulate my noble friend Lord Faulkner. I am glad to hear that the task force has had such an impact, and I join him in hoping that that will continue. Metal theft is a relatively new threat to our heritage, which we are now addressing. The Bill is an act of public service and we welcome it. I shall not address the detail of the regulatory measures, but obviously we support the Bill because it will simply and effectively reduce the ease with which stolen metal can be converted into cash. We need prevention because the damage that is done is often irreversible. There is no cure.

We are not talking about a handful of distressing cases. As we heard, it is a large-scale problem. The crime is neither casual nor opportunistic, although there are such elements in the community that conducts these thefts. The operation is very sophisticated and well organised. It is driven by a market in metals that has shot up in recent years because it is very hard to control demand. Our research shows that last year 6% of all listed buildings were harmed by metal theft. That means around 22,000 of our nationally important, historic buildings suffer damage every year from metal theft. With that rate of attrition every year, we are looking at a potential catastrophe if it continues—a real danger that this generation will fail in its duty to protect our fabulously rich heritage.

The right reverend Prelate gave some very graphic illustrations of the impact of this crime. It is no surprise that churches and war memorials are the most vulnerable and worst hit buildings. The church’s own inquiry into metal theft in 2011 reported a 33% increase year-on-year in the number of claims and the cost of the crime. The average cost of a metal theft is £27,000. However, insurance cover is often capped at £5,000 or £10,000, so even the richest congregation has a challenge on its hands. The noble Lord, Lord Rowe-Beddoe, who cannot be in his place today, urged me to speak about Wales as well, which I will do with great pleasure. He drew attention to the situation in Wales, where the church has to look after 1,400 churches and where in the past five years it has paid out £300,000 on 90 insurance claims. Again, the insurance did not cover the costs. He referred to a particularly distressing case involving the theft of dozens of brass plates from a garden of rest. It is really hard to contemplate the nature of the people who commit these sorts of crimes. Our own research suggested that 14% of churches suffered metal theft in 2011 and Ecclesiastical Insurance says it has received 9,000 claims, worth £25 million, for churches in the past four years alone..

As we all agree, reeling off statistics hardly gives an idea of the real distress and damage caused to the confidence of small congregations who try their best with overwhelming problems and face yet another—maybe a third or fourth—attempt on the church roof. I have seen many sad cases in recent years. Most recently, I was in Yorkshire. I am sorry that the noble Lord from Yorkshire has left his place, because I was going to tell him how wonderful Yorkshire is, although I did not particularly want to join that debate. I was at St John’s Church at Birkby, near Huddersfield, where an extraordinary thing had happened. The thieves attached the end of the copper lightning conductor to a rope that was fixed to their getaway vehicle and they drove it away from the building. The lightning conductor was pulled away, but it brought down with it the top half of the steeple, which then crashed through the roof of the church. I leave you to imagine how the congregation is coping—and the cost, anxiety and frustration of it. The danger does not need to be described.

As for war memorials, it is absolutely impossible without quickly getting very angry to contemplate the contrast between the sacrifice of those whose names are inscribed and who died for the freedoms of this country and the callousness of the thieves. As we approach the centenary of the First World War, we are becoming more sensitive to the need to remember and record that debt. The legislation will provide a proper regulatory framework that will identify the decent traders and protect them but, as other noble Lords have said, it is not the only answer. I am pleased to say that we in English Heritage have been dealing with heritage crime of different sorts for a long time. We have received a fantastic response from the police and the other partners we have engaged with in our heritage crime programme. We have our own policeman in English Heritage who leads this work for us. For the past few years we have been working not just with the Church of England but with police and local authorities all over England to improve crime prevention for historic places and ensure that the law enforcement matches the seriousness of the offences.

It is a perennial task, but it is bearing fruit. For example, we recently worked in partnership with Lincolnshire Police and the Church of England in bringing justice to a gang which admitted stealing lead from more than 20 churches across that county. That case, among many others, shows the industrial scale of the threat as well as the benefits of conservation and law enforcement professionals working together. I thank the noble Lord, Lord Greaves, for raising the wider issues around the theft of historic fabrics. When flagstones, cobblestones and building materials go, the character of the neighbourhood goes into a rapid decline. It is totally demoralising. These materials are vital.

The Bill is a significant step forward and I am cheering it on heartily, but I ask the Government, local authorities and the police and crime commissioners in particular to complete the task and really aid us in this, and ensure that heritage crime is embedded in all relevant law enforcement activities, as it should be. We are pleased that Chief Constable Andrew Bliss of Hertfordshire Police has agreed to be the national lead for heritage crime for the Association of Chief Police Officers. I know that he views this as a matter of great importance. I am grateful to both the noble Lord, Lord Henley, and the noble Baroness, Lady Browning, as Ministers, for giving a lead to the police on this. I will shortly write to police and crime commissioners to bring these issues to their attention and direct them to the help that English Heritage can give through the programme that we have devised.

In conclusion, I do not want to repeat anything that has been said, although it is clearly the case that metal theft does serious and rapid damage to public safety and to so much else in the country. It attacks the places where we should be able to see investment and economic life flourishing. When one drives out crime, one drives in investment, which is a wider story. I am confident that the Bill will have a swift and successful passage through the House. There is so much support for it and I can assure the noble Baroness that I will assist her in every way that I can.