Baroness Bennett of Manor Castle debates involving the Home Office during the 2019 Parliament

Thu 28th Oct 2021
Wed 27th Oct 2021
Police, Crime, Sentencing and Courts Bill
Lords Chamber

Lords Hansard - part two & Committee stage part two
Wed 27th Oct 2021
Police, Crime, Sentencing and Courts Bill
Lords Chamber

Lords Hansard - part one & Committee stage part one
Tue 14th Sep 2021
Wed 14th Apr 2021
Wed 17th Mar 2021
Mon 15th Mar 2021
Mon 8th Mar 2021
Domestic Abuse Bill
Lords Chamber

Report stage & Report stage & Lords Hansard

Migration

Baroness Bennett of Manor Castle Excerpts
Thursday 28th October 2021

(2 years, 6 months ago)

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Asked by
Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle
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To ask Her Majesty’s Government what plans they have to promote (1) knowledge, and (2) understanding, of the contribution of migration to society.

Lord McFall of Alcluith Portrait The Lord Speaker (Lord McFall of Alcluith)
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My Lords, I hope that noble Lords will bear with me and that I get this correct.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, I beg leave to ask the Question standing in my name on the Order Paper, with the correct list of questioners.

Baroness Williams of Trafford Portrait The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
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My Lords, the House is nothing if not flexible. We greatly value the contribution that migration makes to our society. People from every part of the world have chosen and continue to choose the UK as their home and build their lives here. It is an undeniable fact that immigration has enriched and continues to enrich our nation immeasurably.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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I thank the Minister for her Answer. I have visited the clearly well-funded, spectacularly housed migration museums in Paris and Hamburg. New York has two migration museums. If the Government want to think about the place of global Britain in the world, the fact is that Britain has contributed huge numbers of emigrants to the rest of the world and immigrants have contributed a great deal to us. The Migration Museum currently exists in temporary headquarters here in London and relies on hand-to-mouth funding. Will the Minister meet me and representatives of the Migration Museum, or arrange for another suitable Minister to meet us, to discuss how we might enhance its place and its funding?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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My Lords, I am proud of the funding that this Government give to museums. I was grateful to chat with the noble Baroness yesterday, because I was not quite sure where this Question was going. The Migration Museum project received a culture recovery fund grant of £65,000 to support it through the pandemic. It has also received project funding from the Arts Council in previous years, with a £40,000 grant in 2017, £124,000 in 2019, I think, and £24,700 in 2020, which has supported education and outreach as well as other activities. On top of that, we would be hard pressed in this country to find a museum that did not in some way refer to migration as part of our cultural offer. I also find it interesting that an immigrant is asking an immigrant a Question.

Police, Crime, Sentencing and Courts Bill

Baroness Bennett of Manor Castle Excerpts
Lord Anderson of Ipswich Portrait Lord Anderson of Ipswich (CB)
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My Lords, I put my name to Amendment 106A, which the noble Lord, Lord Rosser, has just introduced thoroughly and persuasively. Although I have sat as a part-time judge in crime for many years now, I freely admit that I do not have the depth of background in this field of other noble Lords, not least the noble Lord, Lord Macdonald of River Glaven, who I see in his place. Nevertheless, I am inclined to support this amendment for three reasons, on which I hope the Minister might comment.

First, as I understand it, the amendment simply seeks to extend to third-party material the safeguards that have already been agreed by the Government in relation to data in the possession of the victim. Do the Government share that understanding? If they do not accept that the same protections are appropriate in those two situations, could the Minister explain why?

Secondly, the Victims’ Commissioner asserts in her detailed briefing that it has become “routine” for rape complainants to be asked to hand over excessive personal information, including third-party material. She cites, among other things, a CPS internal report reported in the Guardian in March 2020 to the effect that 65% of rape cases referred by police to the CPS for early investigation advice involved disproportionate and unnecessary requests for information. She quotes officers from Northumbria Police as saying that third-party material is a “real bone of contention” and:

“The CPS routinely ask us to obtain peoples 3rd party, medical, counselling and phone records regardless of whether a legitimate line of enquiry exists or not.”


Is that a picture the Government consider to be accurate?

Thirdly, it is said that this amendment has the full support of the National Police Chiefs’ Council lead for disclosure and of the Information Commissioner. That prompts me to wonder about the position of the Crown Prosecution Service, which seems equally relevant. Does the CPS take a different view from the policing lead and the Information Commissioner and, if so, how does it defend that view? I am sure that other noble Lords, like me, appreciate the difficulty of the task of the CPS and would give it a fair hearing. In summary, the Government seem to have a case to answer on Amendment 106A and I look forward to hearing from the Minister what that answer might be.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, I will speak briefly on my own behalf and that of my noble friend Lady Jones of Moulsecoomb, who is unable to be with us this evening. My noble friend attached her name to Amendments 79, 89 and 107. The noble Lord, Lord Rosser, has given us a very clear and complete explanation, so I just want to reflect on the average age of noble Lords, as we sometimes do. We really have to work quite hard to understand the way in which people’s lives are entirely contained in their phones, particularly younger people, and what an invasion it is to have that taken away.

The noble Lord, Lord Rosser, referred in particular to Amendment 107 and the situation of immigration officers. I have heard a number of accounts of what has been happening to people arriving, particularly from Calais and surrounding areas, on boats in the most difficult and fearful situations. For people who wish to contact family and friends to say they are safe or wish to make some kind of plan for the future, to lose their phone in those situations or have it taken away is very difficult.

We have not had an introduction to Amendment 103, tabled by the noble Lord, Lord Beith, to which I have attached my name. We have had expressions of concern from the Delegated Powers and Regulatory Reform Committee, and we really would like to hear from the Minister the justification for that. By oversight, I failed to attach my name to Amendment 104. As a former newspaper editor, I think we really need to get a very clear explanation of how confidential journalistic material could be covered under these circumstances. We have grave concerns about freedom and the rule of law in our society, and this is a particularly disturbing clause.

Lord Beith Portrait Lord Beith (LD)
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My Lords, this is an important part of the Bill and an important and large group of amendments. I want simply to concentrate on the two amendments to which the noble Baroness has just referred: Amendments 103 and 104, which are in my name.

Amendment 103 follows concern from the Delegated Powers and Regulatory Reform Committee and its recommendation to deal with what it describes as an inappropriate delegation of power. The Bill leaves to regulation all provision about the exercise of the powers in Clauses 36(1) and 39(1) to extract confidential information. Regulations are to implement a code of practice, which will itself be consulted on. The committee believes these powers should instead be in the Bill, and I agree. However, I part company with the committee in its view that these powers, once put in the Bill, should be amendable by affirmative instrument. That is the creation of a Henry VIII power to modify primary legislation by means of secondary legislation, so I do not think it is the best way to handle the matter. Of course, one of the problems is that, whereas the process of creating the original material, if it is in the Bill, is an amendable process, that does not apply to any subsequent regulations which would definitely alter the material on the face of the Bill.

The Government’s argument for their approach—leaving it all to regulations—is that this is an area of fairly rapid technological change. It might become possible, for example, to extract a relevant subset of information rather than having to extract everything. However, that could be covered in the drafting of the Bill. A major change in the future would justify parliamentary legislation. If the technology really does change the situation dramatically, both Houses could deal with the matter by primary legislation.

I am sure there is a potential compromise under which the Bill could state more extensively and clearly the general principles governing the extraction of confidential information. It already does so to some extent, but if it did so further, it would narrow the range covered by regulations, if they are necessary at all.

It would also be helpful if the Minister could explain why the process to revise the code of practice from time to time would be subject to the negative procedure only. If the regulations which embody the code of practice are going to be changed significantly, why should that be only by the limitations of negative procedure?

Amendment 104 is quite different. It probes the provision in Clause 41(2)(a) covering confidential journalistic material with the meaning given in the Investigatory Powers Act 2016. The regulations are intended to cover the extraction and use of such material. It would be helpful if the Minister could set out the Government’s position and intention on confidential journalistic material and to what extent it is to be treated differently from protected material, such as legal privilege. We need that to be spelled out more clearly. I look forward to the Minister’s response.

Police, Crime, Sentencing and Courts Bill

Baroness Bennett of Manor Castle Excerpts
Lord Falconer of Thoroton Portrait Lord Falconer of Thoroton (Lab)
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This amendment deals with domestic homicide reviews, which are provided for in Section 9 of the Domestic Violence, Crime and Victims Act 2004. Domestic homicide reviews are concerned with where a domestic murder or manslaughter occurs, meaning where somebody over 16, living in the same household as somebody else, is murdered or is the victim of manslaughter, or some other crime, leading to death. The purpose of the domestic homicide review pursuant to Section 9(1) of the 2004 Act is to identify the lessons to be learned from the death. It is envisaged that it will be a multiagency review.

These domestic homicide reviews have proved to be of real value because they have identified the sorts of things which, if they were remedied, could help to prevent subsequent occurrence. The two big issues to emerge, time and again, in domestic homicide reviews are the proper recording of domestic violence complaints and whether the risk that the recording revealed has been properly dealt with, particularly by the police but also by other agencies. The Home Office published what lessons have been learned from a whole range of domestic homicide reviews in a 2016 document. I cannot find any subsequent document that brings together lessons learned.

We seek to do two things by this amendment, and there is a connected issue that I raised with the Minister before coming to this debate today. First, according to Section 9(2) of the 2004 Act, the Secretary of State has a discretion as to whether he orders a domestic homicide review in any case. On this side of the House, we consider that there should be a domestic homicide review in every case. Documents emanating from the Home Office suggest that it believes that there is such a position. Looking at Section 9 of the 2004 Act, it is quite difficult to ascertain whether or not there is an obligation in every case for there to be such a domestic homicide review. We think that there should be, and our proposed amendment to subsection (2) seeks to achieve that. I would very much welcome the Minister telling us what the position is in relation to it and what legal duty exists to ensure that there is a domestic homicide review. If there is any doubt about it, can he confirm that the Government’s position is that there should be a domestic homicide review in every case and that he would consider making the necessary legal changes to ensure that?

Secondly, we take the view that there should be proper recording of all that is learned from domestic homicide reviews, and, in particular, that the information is readily available in a centralised place to determine the sorts of things that lead to domestic homicides, so that it is available to everybody, in particular every police force that is dealing with it.

Thirdly, and separately—this is not specifically covered by the amendment, but I raised it with the Minister beforehand—a domestic homicide sentencing review was commissioned by, I think, the previous Lord Chancellor, on 9 September 2021. This has involved the instruction of Clare Wade of Her Majesty’s Counsel to look into the sentencing of people convicted of a domestic homicide. Will the Minister please say what the terms of reference of Clare Wade’s review are? When is it expected to report, and what will be done with its recommendations?

We start, on this side, from the premise that this Bill does not sufficiently address violence against women and girls in particular. In two-thirds of domestic homicides, of which there are about 150 a year, a woman is the victim. The pattern of sentencing by courts has evolved in such a way that in the case of victims of stabbing outside of a domestic context the courts are guided to give very heavy sentences, while for victims of stabbings in a domestic context the courts are not given such stringent guidance. We think that that needs to be looked at: a domestic killing should not be treated as less serious than one committed outside the home. I would be grateful to hear the Minister’s explanation of the position in relation to the review. I beg to move.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, it is a great pleasure to follow the noble and learned Lord, Lord Falconer of Thoroton. My noble friend Lady Jones of Moulsecoomb signed this amendment but is, unfortunately, unable to be in the House tonight and I speak in her place.

Essentially, I agree with everything the noble and learned Lord, Lord Falconer of Thoroton, said. I will add just a couple of points. It is worth noting that the National Police Chiefs’ Council and the College of Policing produced a report on domestic homicide in August, which described it as

“an entrenched and enduring problem.”

The report makes very disturbing reading. It records that just over half of suspects were previously known to police from domestic abuse cases, and another 10% were known for other offences, while 44% of households not covered by those categories were known to some other agency in some way. There is clearly an issue, therefore, with lessons learned.

It is good to have a report such as this: it is very useful and informative. But what is being proposed here is a register—something ongoing that can be a continual source of information and learning. We should make a couple of comparisons here. One is with air safety, where there is an assumption that whenever anything goes wrong every possible lesson will be learned and every piece of information will be extracted from it. We should be looking at domestic homicides in the same way.

Another parallel is with the Vision Zero approach to road crashes which many nations are increasingly adopting. We should be among them, and we should be looking to have zero serious injuries or deaths on the road. We know from the report that in nearly all cases of domestic homicide there has been an opportunity for someone to intervene. We should be looking towards a Vision Zero for domestic homicides.

Lord Paddick Portrait Lord Paddick (LD)
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My Lords, I listened very carefully to the arguments put forward by the noble and learned lord, Lord Falconer of Thoroton, supported by the noble Baroness, Lady Bennett of Manor Castle, but I am not sure that there needs to be a domestic homicide review in every case—or whether that is not already the situation.

In my experience, some cases of domestic homicide are very straightforward, and I remind the Committee of my remarks on the previous group: that coroners—rather than, for example, the Secretary of State—should perhaps have the power to order such a review if they believe it is in the public interest.

We support the need to ensure that lessons are learned from domestic homicide reviews, that they are regularly published, and that these offences are treated with utmost seriousness. Being attacked and killed in your own home, a place where everyone should feel safe, is far more serious than being attacked and killed on the street. That is why it is so important that any lesson that can be learned from any domestic homicide should be learned, and why the courts need to take these offences far more seriously than a random attack or a gang-related attack on the street.

Police, Crime, Sentencing and Courts Bill

Baroness Bennett of Manor Castle Excerpts
Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, I feel that I must begin by declaring an interest, as did the noble Lord, Lord Dubs. Two weeks ago, I was speaking at an Extinction Rebellion protest—an organisation explicitly targeted by the Home Secretary in her comments on the Bill—blocking the road outside Bank tube. On Sunday, I was with thousands of people in Liverpool, making lots of noise protesting against plans to hold an electronic warfare conference in a city-owned convention centre there. Today, were I not in your Lordships’ House, I would be in east London, where organisations including Quaker Roots, Campaign Against Arms Trade, and the Peace Pledge Union are taking non-violent direct action against the merchants of death doing business at our Government’s invitation on our shores.

In my maiden speech, I said I would aim to bring the voice of the streets into the House, and my noble friend and I will aim to do just that throughout the progress of this Bill. The issues in this Bill are every bit as close to the heart of the Green Party as those in the Environment Bill for, as the noble Lord, Lord, Lord Oates, implied, the right to protest is as much a climate emergency issue as the treatment of our soils or the management of our woodlands.

Non-violent direct action has always been something the young, the poor, women, minority groups and workers have had to do to get their voice heard. As the noble Lord, Lord Hendy, indicated, workers in particular have suffered from a great emaciation of that right over centuries in the UK. We must particularly hear from the young on the climate emergency and the nature crisis, which are already damaging their lives and threatening much worse.

The noble and learned Lord, Lord Judge, noted that there is no Member of your Lordships’ House under the age of 30. In fact, we have just five Members under the age of 40, and in the other place there are just five Members under the age of 30. The young must gather outside and shout because they are not allowed into these Chambers. Democracy—a representative Parliament—would be a very good idea. In fact, 16 and 17 year-olds in England are denied even the right to vote, and the Government are planning legislation that will deny more of the young that right.

When the political process fails, non-violent direct action steps in, and it works. There is a long and honourable tradition: very recently, anti-fracking protesters and Sheffield street-tree protesters have seen real success in changing the approach of Governments and councils—but I go back to the women’s petition led by female Levellers, presented here in 1649. We would be a far worse country without such courage over centuries, but we have a long way to go to reach the ideals of equality and justice that the Levellers were espousing back in the 17th century.

The noble Baroness, Lady Stowell, lamented that social norms are breaking down. Great: I have a shortlist—it could be a very long list—of norms that should break down. As the right reverend Prelate the Bishop of Gloucester highlighted, these norms see black young adults being more than eight times more likely to be convicted for a non-violent minor crime than their white counterparts. These norms see some 17,000 dependent children affected by the imprisonment of their mother each year; the widely acclaimed Corston report, completed 15 years ago, which said that most women offenders who get prison sentences should not, has not been implemented. As the noble Lord, Lord Bach, said, these norms see legal aid cut not just to the bone but deep into the marrow, unavailable to many who desperately need it, when we know that justice unfunded is justice denied.

Like the noble and learned Lord, Lord Falconer of Thoroton, I started out with a long list of issues that I wanted to address, and I have hardly got to any of them. However, I want to mention the Bill’s utterly indefensible Part 4 on unauthorised encampments. I entirely agree with every word said by the noble Baroness, Lady Whitaker, and, in this context, I have to cite Martin Niemöller’s First They Came. Roma, Gypsy and Traveller people remain, in the UK and far more widely, victims of the most pernicious, unchallenged and vile discrimination. I ask Members on the Benches opposite whether they want to countenance deliberately targeting them with laws to criminalise the simplest of human actions—laying down to rest—and to destroy their homes.

I am almost out of time, but I want to contrast the Bill with the direction of travel and the rhetoric that we hear from the Government north of the border. The Scottish Government may still not be doing enough, but they say that they want to reduce the prison population and want it to be far better treated. It is amazing what a more democratic political system can achieve. We often hear from the Government that they are doing what the people want—but which people, and to what purpose?

Zimbabwe: Human Rights

Baroness Bennett of Manor Castle Excerpts
Thursday 22nd July 2021

(2 years, 9 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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Well, the types of FNOs are those who received a custodial sentence of 12 months or more, subject to limited exceptions. The types of criminals on the flight yesterday included murderers, rapists, sexual offenders against children and drug suppliers. In terms of Covid, they receive PPE and other support when they return. I cannot remember the last point the noble Lord raised, but that is two of the three questions answered.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP) [V]
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My Lords, last night, a High Court judge accepted that anyone on the deportation flight given face-to-face interviews with Zimbabwean officials before being granted an emergency travel document required to enter Zimbabwe could be at risk on return. The judge directed that the individual who brought the case be saved from boarding the flight, but by the time the news of that order was made public, others who may have been able to benefit from it had had their phones confiscated. Should the Government have put anyone on the flight who had been in such an interview, given the judge’s ruling? Does this not defy the international principle that non-refoulement? Can the Minister tell me, now or by letter, how many of the 14 individuals on the flight this applied to?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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As the noble Baroness will not be surprised to know, I will not discuss individual cases. What I will say is that on that flight were murderers, rapists, people who had sexually offended against children and suppliers of drugs. To go back to the question from the noble Lord, Lord Chidgey, in terms of the frequency of reviewing concerns about human rights: FCDO regularly and consistently raises any concerns and would do so if there was any evidence of violations against those returned.

Immigration Rules: Statements of Changes

Baroness Bennett of Manor Castle Excerpts
Thursday 27th May 2021

(2 years, 11 months ago)

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Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, like the noble Lord, Lord Dubs, I find myself in the rather curious position of greatly regretting elements of the SIs we are debating now, particularly HC 1043, while entirely disagreeing with the comments from the noble Lord, Lord Green, in introducing them. I agree with everything that the noble Lord, Lord Dubs, said, and seek not to repeat it but just to associate myself and the Green group with his comments.

As the noble Lord, Lord Bilimoria, just indicated, the UK is a nation of immigrants. About 9% of the UK population, or 6.2 million people, are immigrants—and if anyone perhaps is on a crackly remote line and cannot hear my accent, to be clear I declare that, yes, I am one of them. It is also worth noting that 5.5 million Britons live in other countries around the globe. It is about an equal balance. We are a nation of emigrants as well as immigrants.

Listening to the noble Lords, Lord Green, Lord Horam and Lord Hodgson, I found myself feeling that I was trapped in another age. The world has changed but we are back in the old ways of thinking. We know that a significant number of people have left the UK since Covid and Brexit, perhaps 1 million EU citizens and a significant—probably very large—number of Britons have chosen to leave as well. Just this morning I spent my time at two sessions—first with the Westminster Forum on food security, then with Building magazine talking about retrofitting our homes. Both those industries are tearing their hair out, saying, “Where are we going to find the workers? Where are we going to find the skills?” I very much agree that we need to train and develop our own workforce, but the numbers simply do not add up. We are in a situation, as the UK has been for decades and centuries, of looking around the world for people to come because we need them.

To address the point by the noble Lord, Lord Hodgson, about the environmental impact: the UK lives a three-planet lifestyle. We have to cut consumption, particularly by the wealthiest. Consumption and inequality are our issues. That is where the environmental action needs to be.

All those people who have been invited and welcomed to the UK, and then they face a dishonest, discriminatory and often chaotic hostile environment. I will focus particularly on those likely to be affected by HC 1043, because those seeking refuge are most likely to be affected. The invaluable Refugee Action briefing for this debate noted that with the current backlog of asylum claims, 76% of people are waiting for more than six months. Many have been in limbo for years. What does that mean?

I often think back to a young woman I met in Southampton. As a 19 year-old, she had been forced to flee Zimbabwe; she had been persecuted and abused by the security forces there. She had been in the UK for a decade, waiting to get status in an uncertain immigration situation. She said to me, “I feel like I am in a cage. I am locked into this tiny cage, and there is a person walking past outside this cage with the key for the cage hanging from their belt. I’m pretty confident that one day they will pick up that key and open the cage, but I’ve been a decade—a third of my life—waiting for the cage to be unlocked.” I very much fear that HC 1043 will bring in the same situation for many more people. If asylum claims are treated as inadmissible on the basis of the method of arrival, people are going to be left in indefinite limbo. There are not return agreements, and it looks very unlikely that there will be. Then there is case-by-case negotiation, using many resources.

The Government say they want to tackle people trafficking and are concerned about this situation. On Monday I heard some powerful testimony from young people from the Safe Passage international young leaders scheme, the Hummingbird young leaders scheme and the Kent Refugee Action Network youth forum. I asked those young people, “As you were coming here and reached the UK, what sort of decisions did you make? What sort of information did you have? What sort of choices did you have?” They said, “When you’re dashing out the back door in fear of your life and the police or the army are coming through the front door, you just dash.” Of course. All the way along the line, they have had to make calls to just seek safety. That is what people are doing and what our lack of providing them with safe routes to reach the UK is forcing them into. That is the practical reality.

My very brief final point is that, as the Freedom from Torture briefing points out, HC 1043 is in contravention of Article 31 of the refugee convention. It is a moral and practical wrong to bring this in. We are in a world in which the rule of law is under grave threat. Look at Belarus, Hungary or many other nations. We need to defend the rule of law, not go back on agreements that we have previously made.

Immigration

Baroness Bennett of Manor Castle Excerpts
Wednesday 14th April 2021

(3 years ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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My noble friend makes two very important points. There is an assumption sometimes that asylum seekers are poor and without skills—that is absolutely not the case. Many are incredibly skilled. One of the conversations I had with the right reverend Prelate the Bishop of Durham was about how people can get straight into the immigration system should they have the skills we require. Also, on my noble friend’s point about spending money in other countries, not only is it a good idea to help people in their country of origin, many of them want to stay in their country of origin and do not want to come here. A pound spent in a country of origin is spent far more efficiently in terms of the number of people you can help.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP) [V]
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My Lords, we should perhaps reflect on the comments just made by the Minister in the light of the cut to overseas development aid. I am sure the Minister is aware that asylum applications fell by 18% in 2020 and, in the year ending September 2020, the UK received 31,752 asylum applications from main applicants. The comparable figure for Germany is 155,000, for France 129,000, for Spain 128,000 and for Greece 81,000. Does the Minister agree that the UK is taking less than its fair share of people fleeing war and political turmoil—often related to our foreign policies—and people fleeing areas from which, during its colonial history, Britain extracted huge amounts of wealth? Perhaps the scheme has been affected by Covid-19, but are the Government looking to significantly step up the number to what might be said to be a fair share compared to other European states?

The Refugee Council briefing on this Statement, which I am sure many Members of your Lordships’ House have seen, is expressed in very careful, factual language, but it can be described only as a cry of horror about the policies contained in this Statement. I turn to just one area, that of age assessments.

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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My Lords, the noble Baroness is taking a bit too long. Perhaps she would ask her question.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP) [V]
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Okay. On age assessments, how can the Minister say that it is fair to put 18 years of age as the cut-off point when it is obvious that people coming from war zones, having grown up and spent their whole lives in them, are not going to look like 18 year-olds who have been brought up in comfortable circumstances in a safe environment?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I will answer two of those questions. Eighteen is the cut-off age because 18 is the age of an adult, and we do not want adults sharing classrooms with young children, for example. It is important to assess people’s ages, and we will try to do so on a more scientific basis. The noble Baroness is absolutely right that applications fell in 2020. We had a pandemic and everything fell in 2020—so did returns. I am sure that the applications will be back up this year.

Domestic Abuse Bill

Baroness Bennett of Manor Castle Excerpts
Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP) [V]
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My Lords, I can only begin speaking on this amendment by taking a moment to think of the victims of the Atlanta spa shootings and their families. It is very early to understand motives for a deadly mass attack, but it is hard not to suspect a link to the kind of hate crime, possibly intersectional hate crime, that we are discussing today.

I want to pay tribute to the noble Baroness, Lady Kennedy of Cradley, and the noble Lords, Lord Russell of Liverpool and Lord Young of Cookham, for their work on this amendment and their powerful presentations for it. Had I known there was a space, I or my noble friend Lady Jones of Moulsecoomb, who backed a similar amendment in Committee, would certainly have joined them.

I will be fairly brief, noting the intervention we have just had, but it is important to note that this amendment marks a potential national step forward for a grass-roots movement which, as other noble Lords have noted, started in Nottingham. This amendment has not, as the noble Lord, Lord Paddick, identified, gone as far as Nottingham in data collection, but it is certainly a step in that direction. The recording of misogyny by police in Nottingham can be taken as a case study of how political campaigning works and how grass-roots, community-centred action can make a big difference in the individual community and far beyond. Now, 11 out of 43 police constabularies in England and Wales have made recording misogyny a hate crime part of their practices or are actively considering the policy.

How did this all start? It started with a community group called Nottingham Citizens, which conducted a survey that found that 38% of women had reported a hate crime that was explicitly linked to their gender and that one in five hate crimes that took place were reported. Nottingham Women’s Centre held a conference about street harassment at which the police and crime commissioner asked those who had experienced misogyny to raise their hand. The police and crime commissioner, Paddy Tipping, was quoted afterwards as saying “I just thought people should not be treated like this.” Since the change has been made in police recording in Nottingham, reports indicate that women say that they have been able to walk down the street with their heads held higher and debate and action have made a lot of men recognise the extent of the problem. I urge the House to listen to the experiences of the women of Nottingham and of the increasing areas of the country where people have had their experience understood and recorded and apply that to the victims of domestic abuse.

The noble Baroness, Lady Fox, linked the amendment and support for it to the current level of rightful anger in the country following the death of Sarah Everard, but as the noble Lord, Lord Russell, pointed out, the proposal originated far before that. Indeed, I have to pay tribute to the deputy leader of the Green Party of England and Wales, Amelia Womack, who has bravely publicly identified herself as a victim of domestic abuse and who has been campaigning on this issue for many years.

In response to the concerns of the noble Baroness, Lady Fox, about potential confusion, any examination of what has happened in Nottingham shows that real-world experience does not demonstrate significant difficulties.

It is said often that we have an epidemic of misogyny and violence against women, but my science background makes me want to be precise in my use of epidemiological wording. We have endemic misogyny. “Endemic” defines a disease that is always present in a certain population or region. Smallpox was once an endemic disease in much of the world, but we have almost eradicated it. We need to have the same target in mind, as distant as it may look, for misogyny. That is the only way that women and girls can be safe. I do not think I can put it any better, so I will finish by quoting Mel Jeffs, the former CEO of Nottingham Women’s Centre:

“Misogyny is the soil in which violence against women grows.”

Baroness Grey-Thompson Portrait Baroness Grey-Thompson (CB) [V]
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My Lords, I thank the noble Baroness, Lady Kennedy of Cradley, for her work in this area. The figures that she mentioned are terrifying, and I agree with many of her points.

I received a number of emails asking me to speak to this amendment because of the level of concern about misogyny. Like many others, I am tired of misogynistic behaviour and appalled by the way that women are still treated in society. However, what looks like a simple amendment that I could support is in fact far more complicated. The amendment does not explicitly state the word “misogyny”, and to me the inclusion of the word “perception” is not precise enough.

I am grateful for the various views from other noble Lords and, as always, the noble Baroness, Lady Fox, has given me much to think about and challenged my views about what misogyny actually is. I am still inclined towards a legal framework for it, but I am tired of women having to change their behaviour because of it.

However, we need to consider what we can do to prevent, report and tackle it, and which legislation it should be placed in. Both men and women are affected by domestic violence and all those affected by it deserve protection, but women are undoubtedly more commonly victims. There is only one place in the Bill where the word “female” is used and we should take absolute care with it because it is the only place where women are centred in the legislation.

Domestic abuse legislation is complicated; it should not be, but it is. Last week the Government told me that including a specific provision in the Bill for disabled people who experience abuse in the domestic environment would be too complicated. I am strongly in favour of improving law enforcement around violence against women and girls, which we desperately need, but, while I am moving towards the idea of having a legal framework for misogyny, I do not think the Bill is the right vehicle for it. We should spend more time and care on the question of hate crimes—I am particularly keen to look at disability hate crimes—than on an amendment that comes towards the end of the Bill. We should have an opportunity to explore more options to enable us to do the job that we want it to: offering protection to women and girls.

Counting women should not be complicated. The amendment is largely about the counting aspect of hate crimes. How do the police measure how many crimes of male violence against women are reported and how many are prosecuted? That is fundamental, and this is where it does not need to be complicated. Scotland passed a Bill on hate crimes last week and excluded women and misogyny from it, saying that the issue was too complicated. There is a working group led by the noble Baroness, Lady Kennedy of The Shaws, and many will be interested in its outcome, but that will not be for many months.

I understand that the word “gender” was added to the amendment after previous stages in another place. Earlier versions used the correct legal definition of “sex” and did not have the late insertion of “or gender” so that has not been through lengthy scrutiny. I am concerned that adding “gender” here takes away from the clarity of Clause 73 in centering women. I reiterate that anyone who experiences domestic abuse deserves support and protection. Gender is neither definable nor defined in law, so including it here could undermine the single use of the word “female” in the Bill, again given that it is women who are disproportionately affected by domestic abuse. Surely we should be concerned about whether the police take crimes of violence, abuse and sexual harassment against women seriously, not what they perceive the attitude of the perpetrator towards the idea of sex or gender to be. Sex is a protected characteristic and defined in law, and is adequate to cover the intention of the amendment if it goes forward.

The Law Commission is developing a proposal on reforming hate crimes legislation and has consulted on it. It has an open question on whether include sex or gender in future, and that section alone runs to 43 pages out of a 544-page document. I understand that it received a great number of responses but, again, it will not be reporting any time soon, so it is important that we do not prejudge that outcome. It is also notable that the Law Commission’s proposal draws on the Office for National Statistics in setting out what it means by sex and gender. After the ruling announced this morning from the High Court, it may need to go back to the drawing board. My noble friend Lord Pannick, who is unable to be in his place today, has stated that he thinks it would be very unwise to legislate on this sensitive issue until we see the Law Commission consultation.

Scotland recently removed the word “gender” from a Bill on forensic medical services for victims of sexual offences to ensure that if a woman asks to be examined by a female doctor, there is no confusion or negotiation about what that means. I would also be really interested in the opinion of the domestic abuse commissioner on this amendment, particularly on the addition of the word “gender”.

My worry is that including gender and sex as a caveat to the word “female” in the guidance would prevent domestic violence services being clear about sex. Women who have been victims of domestic abuse need to be able to access female-only services if they choose and, again, all victims of domestic abuse need to be able to access services that offer support and protection. We must take misogyny and violence against women seriously, not just seek to be seen to do something when the issue is in the headlines. It happens every single day.

The Government have just reopened the consultation on their violence against women and girls strategy. Surely that is the right place to be dealing with this complex issue, rather than via this last-minute amendment and its additional wording.

Domestic Abuse Bill

Baroness Bennett of Manor Castle Excerpts
Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP) [V]
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My Lords, it is a pleasure to follow the noble Baroness, Lady Warwick of Undercliffe, who added powerful examples to the already clear and strong examples from the noble Baroness, Lady Deech, and the noble Lord, Lord Randall, as to why we should agree both these amendments. I will not detain the House for long, but I want to strongly express the Green group’s support for these two amendments.

The logical way to take them is in the opposite order to that in which they are numbered. Amendment 87C, in the name of the noble Baroness, Lady Deech, and with strong cross-party support, expresses the ideal situation which, we have been told, is already being created in Scotland, with even stronger support for victims of domestic abuse. It is for people to stay in their own homes and communities and, very often, for children to stay in the schools that they are used to, with their friends. This is obviously the right thing to do to support victims of domestic abuse and to ensure that abusers do not profit from the situation, as they are often left with the home, tenancy, control and their place in the community.

Amendment 66B, moved by the noble Lord, Lord Randall of Uxbridge, acknowledges that that is simply not always possible. Victims of domestic abuse, having fled to refuges, may have started to establish themselves in a new place, possibly on the other side of the country, and have started to make friends, and children have become used to schools. The amendments make an excellent package—in this case, the grouping works—to provide a bit more wraparound and support for the victims of domestic abuse, for whom we are all spending so many hours in your Lordships’ House trying to make this the best Bill it can be. These two amendments, or something very like them, are needed to make this the Bill that it should be, so I commend them to your Lordships’ House.

Lord Young of Cookham Portrait Lord Young of Cookham (Con)
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My Lords, I begin by commending my noble friend Lord Randall for the case he made for Amendment 66B. I look forward to the Minister’s reply on that. The case for Amendment 87C was capably made in Committee by a number of noble Lords and reinforced today by the noble Baronesses, Lady Deech, Lady Warwick and Lady Bennett. I will not repeat it, except to gently remind the Minister that in Scotland they have gone further than our modest amendment in giving security to victims of domestic abuse, even when they are not a joint tenant.

I want to focus on what has happened since Committee, and begin by thanking my noble friend Lord Parkinson for his patient and sympathetic approach in seeking to find a way forward. In his wind-up speech in Committee, he recognised that our amendment would simplify the current complex and uncertain legal mechanism available to victims, and would prevent perpetrators from exerting control over a victim. That was enormously helpful.

In our letter dated 15 February, we sought to address the concerns that he expressed on five separate issues. In particular, we amended the section on responsibility for arrears to clarify that the perpetrator remains liable for arrears before the joint tenancy is terminated. Then we added subsection (11) to the new clause proposed by the amendment, to give the Government time to assess progress in Scotland. We had a meeting with my noble friend earlier this month, for which again I am grateful, and he replied to our letter last week, in which he repeated his sympathy for the motives behind the amendment.

So where do we go from here? If there are defects in our drafting, we know that the Bill will go back to the other place, so there will be an opportunity for the Government to tidy it up. My preferred solution would be for the Government to accept the amendment, tidy it up in the other place and implement it as soon as it is successfully rolled out in Scotland.

I would understand the disappointment if the Government were to resist but, if they do, with some reluctance I would consider the more cautious approach suggested in my noble friend’s letter and referred to by the noble Baroness, Lady Deech, in her opening speech—namely consultation. I am not entirely convinced that this is necessary but, subject to some strict conditions—an early start date, a reasonable but not protracted time for consultation and a decision by the Government by the autumn—the proposition is worth reflecting on. The option would be even more attractive if there was also a commitment to include the necessary measures in the first relevant piece of legislation, be it on rights for renters or leasehold reform, both of which are likely to feature in the next Session. I will listen with more than usual attention to my noble friend’s response at the end of this debate, before deciding how best to proceed.

Domestic Abuse Bill

Baroness Bennett of Manor Castle Excerpts
Baroness Sanderson of Welton Portrait Baroness Sanderson of Welton (Con)
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My Lords, I agree with the Government’s decision to keep a broad definition of domestic abuse. I believe that the coercive nature of alienation is covered in the Bill, so I am afraid that I do not consider this amendment necessary. However, having not spoken on this issue in Committee, I would like to speak briefly to say that, although the amendment is not needed, the issue is real.

I understand the concerns about the way alienation is used by perpetrators, but that does not negate the incalculable harm that was done to my noble friend Lady Meyer and her family and to the many other parents, grandparents and children who have found themselves in a similar position. Her determination to bring a greater understanding and awareness is impressive. It took great courage to stand up in this Chamber and share what is ultimately a very private, very painful experience. That experience should not simply be dismissed and I welcome the fact that work is ongoing in this area, so that we may properly understand this complicated, often devastating problem.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP) [V]
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My Lords, I speak against Amendment 2 as I did against the comparable amendment in Committee. I also express my opposition to the inclusion of alienating behaviour in the statutory guidance.

In Committee, having begun examining the issue of claims of parental alienation with an open mind, I focused particularly on the research and expert evidence, including a complete issue of the Journal of Social Welfare and Family Law. Today, I will reflect on what came next. As I expected, having spoken in your Lordships’ House, written an accompanying op-ed and shared both outputs on social media, I got a significant response.

A lot of that response was emotional and angry. That did not surprise me, since we are talking about the most intimate of personal relationships, and I was more tolerant of aggressive tones than I would have been on other topics. But something struck me in many of the responses that I received. It was the use of the word “right”, as in “my right to see my children”, “parents’ rights”, “my right to direct my children’s future”. That crystalised some of the unease that I had felt in reading the academic claims backing a so-called syndrome of parental alienation—explicitly or implicitly, that was where they were coming from.

We live, of course, in what continues to be a patriarchy. Claims laid down for millennia that the father is the head of the household, that, as in ancient Rome—the classical world that some of our current Government seem to so admire—he had the right even to kill any member of it without the law offering any legal protection at all, are extremely hard to wipe away.

Under British law, until 1839 every father had the absolute right to keep control of his children should their mother leave. Even after 1839, only women who had the means to petition the Court of Chancery had a chance of keeping what we would now call custody, and then only if they could demonstrate an absolute moral clean sheet. The father’s morals were irrelevant. If your Lordships want to see how there is nothing new about coercive control, the life of Caroline Norton, whose brave, landmark campaigning won that change in the law, will demonstrate that. The global pervasiveness of this patriarchal ideology was referred to earlier by the noble Baroness, Lady Uddin.

The noble Baroness, Lady Meyer, said in opening this group that the Bill should not be caught up in gender politics. This issue—the entire Bill—is deeply, inevitably gendered, however much the Government might try to deny it. The struggle to get to the situation we are apparently in now, where the wellbeing of the child is predominant in decisions made about that child, was one long struggle against a society run by men in their own interests. But now we are faced with renewed efforts, a fightback for a “presumption of contact”—an assumption that if a child says they do not want to spend time with a parent, the other parent must be turning the child against them.

After entering the debate publicly in Committee, I was contacted by women who told me what presumption of contact and a fear of an accusation of parental alienation had done to them. I want to give them voice, so I will report one such case. I will call her Camilla, although that is not her name. Her account was of seven years of hellish coercive control and physical assault. She remained, at least in part, because the partner concerned told her that he would claim parental alienation if she left and did not allow wide access to the children. She was concerned about what would happen during that access.

After Camilla had left the relationship, she went through court case after court case as he claimed rights to parental access, while not paying the child maintenance that he could have afforded, and alleging that the children’s expressions of a desire not to spend time with him were a result of so-called parental alienation. Such offenders, as the noble Baroness, Lady Brinton, said, can be extremely convincing in a public space and in contact with professionals.

For fear of not being believed, Camilla told her child that should anything bad happen when they were with their father, the child should not tell her, but should instead tell an official authority figure. So, that upper primary school age child declared, in front of many peers and school officials at a school gathering, that their father was physically abusing his new girlfriend in front of them. Then, happily, safeguarding apparatuses kicked in, as they should have. A few weeks later that child disclosed, again to people outside the family, that they had been sexually abused by an individual that the father had left them with. It is a horrendous account and one that I will long remember, and I think of the difficulties and pressures on that child.

This brings me to my final point, one that I do not think our debate in Committee really brought out. It is about the impact on a child of being told that they are deluded, or that their mother or father is leading them astray, or lying to them, and that their own impressions, feelings, desires and beliefs about not being with a parent are some kind of false consciousness. When a child says that they do not want contact, they need to be given—no doubt for their own well-being—the chance to explore that with trained professionals and given the time to explain, to discuss and to vent their feelings.

Above all, children need to be listened to. Imagine what it feels like to have stated very clearly to officialdom that you do not want to spend time with a parent, that you have seen them doing things that are illegal or vicious or clearly damaging to other human beings, then being forced by a court to spend time with them anyway.

I was talking about these issues with a friend of mine who is over the age of 80. I was fascinated when she explained how, not through the agency of the court but through community and social pressure, she had been forced to spend teenage weekend days with her father who had separated from her mother years before. She felt that her father did not really want to be there, and she certainly did not want to be there as a teenager, but she did not have agency or control. More than 60 years later those weekends clearly still had an impact on her. We know that agency and control of one’s own self, being listened to and believed, are crucial for well-being.

It would appear that this amendment is not going to be pushed to a Division, so on one level this is academic. That is narrowly true in terms of the progress of this Bill, but in terms of defending a hard-won, long-fought-for principle of children’s interests being paramount in the official approach to custody and access, against the weight of those millennia when the father’s control was absolute or near absolute, this is an important debate. Let us keep the well-being of children as the sole goal—a very recent goal that is both a moral right and one that will give us the healthiest possible society.

Lord Cormack Portrait Lord Cormack (Con) [V]
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My Lords, that was a very powerful speech in favour of the aims of the amendment. At the end of the last debate in Committee when I spoke I said that I was somewhat ambivalent, although I totally supported what my noble friend Lady Meyer was seeking to do. That remains my position to a large degree, although I have come down—if it were a case of this amendment going to the vote, which I hope it will not—of probably being on the side of my noble friend. There is nothing more admirable in life than somebody who dedicates himself or herself to trying to ensure that others do not suffer as he or she has done. The noble Baroness’s campaign, over 20 years or more now, to ensure that other women and men should not have to tread the road she was obliged to tread is wholly admirable and commendable. There is nothing more wicked—and I chose my words with some care—than seeking to corrupt the mind of a child, particularly so that that child is turned against either their father or, more often, sadly, their birth mother.

We have devoted time recently to debating the importance of motherhood—there is nothing more important in the world. My noble friend Lady Meyer has clearly suffered greatly. She does not want others to suffer greatly in the same way, nor do any of us. It is a question of how we achieve her aim without making this Bill more difficult. As I listened to the noble Earl, Lord Lytton, and to my noble and learned friend Lord Mackay of Clashfern, I thought that between them they had got it right. They both signed this amendment but they do not really want it to be necessary.

--- Later in debate ---
When domestic abuse victims generally leave home with little or no money and few possessions, as the noble Baroness, Lady Lister, said, the only two options of a complete lack of money or a loan are just not reasonable in a civilised country. The five-week wait is surely the most widely criticised aspect of universal credit—and there are many. But if the Government will not get rid of it for all claimants, as they should, I hope that the Minister accepts the modest proposal in Amendment 69.
Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP) [V]
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My Lords, I was very pleased to be able to attach my name to Amendments 10, 68 and 69 in the name of the noble Baroness, Lady Lister of Burtersett, also signed by the noble Baronesses, Lady Meacher and Lady Burt of Solihull. I join the noble Baroness, Lady Uddin, in paying tribute to the noble Baroness, Lady Lister, for her tireless work in these areas. I also express the Green group’s support for the cross-party backed Amendments 72 and 102—linked amendments which I would have signed had I recognised that there was a space.

I begin with Amendment 68, which gives the Government a duty to assess the impact of social security forms on victims or potential victims of domestic abuse. I go back to 2010, when the Fawcett Society—I had better declare an historic interest as a former member of the board—took the Government to court for a judicial review over their failure to conduct a gender assessment of the impacts of the Budget. It was one of those cases where the society lost the case but won the argument. The Government conceded that the gender impact assessments did apply to the Budget and should have been carried out in two key areas. The challenge also led to an investigation of gender assessments by the Equality and Human Rights Commission.

I note that the noble Baroness, Lady Lister, also referred to the European Court of Human Rights ruling in 2019 that the bedroom tax unlawfully discriminated against vulnerable victims of domestic violence living in sanctuary schemes. If an assessment had been made, victims of domestic abuse would have been exempt in the first place and—of far less concern to me personally, but none the less possibly of interest to the Government—embarrassment to the Government would have been avoided. I suggest that the Government, by either accepting this amendment or introducing something similar of their own, would be avoiding similar events in future.

The noble Baroness, Lady Sanderson of Welton, suggested that we should not be telling the commissioner designate what to do, but I think that requesting and providing the requisite resources—a small sum in the overall context of the government budget—is entirely appropriate when the Bill becomes an Act and is implemented and enforced.

As a noble Baroness said on one of the previous groups, so much of our debate on the Bill has focused on the criminal justice system, but we know that that is not the only place or, for many victims, the primary place where their problems lie. In our Second Reading debate, the noble Lord, Lord Blunkett, acknowledged with admirable frankness that earlier legislation passed on his watch had been inadequate: it was inadequate when it was passed and it has been exposed since. I would say to the Ministers working on the Bill for the Government, “You do not want to be in that position in a decade’s time”. Ensuring that an assessment is made will ensure that the appropriate actions can be taken as they are needed. As the noble Baroness, Lady Lister, said, current assessments are not taking account of the impact of government policies on victims and potential victims of domestic abuse.

Finally, to conclude on Amendment 68, I note that an amendment that might have been here is not. There has been strong pressure on Bills across this House to deal with the disastrous impact of the immigration status of no recourse to public funds. Victims of domestic abuse who have that status are the most vulnerable victims explicitly pushed away from the benefit system. I noted that in Committee the Government said, “Oh, exceptions are made”, but being an exception is not a comfortable, safe or certain place. Only by abolishing the entire status of no recourse to public funds could we ensure that no victim or potential victim of domestic abuse was left, all too literally, out in the cold. I would ask for a change in policy, but an impact assessment would be a start to expose what is happening.

I turn to the other amendments in the group. I note that the Women’s Aid briefing for this stage, which says that it is essential that the Bill delivers reforms beyond the criminal justice system alone if it is truly to make a difference to women and children experiencing domestic abuse. The lack of funding, the inadequacy of our support system, is a fundamental barrier to escaping. Over half of the survivors surveyed by Women’s Aid and the TUC could not afford to leave an abuser. Amendment 10, providing separate payments as standard, has been extensively covered. All I would say in addition is that we do not have to look just at the situation of abuse to consider the damage that single payments of universal credit are doing. I should like to add to my argument on the second group that, even where a relationship does not fit a definition of abuse, the gendered nature of power relationships in our society is still marked by years of male breadwinners, unequal pay and discrimination, particularly against mothers in the workforce.

I recommend that anyone who has not encountered the campaign group Pregnant Then Screwed look it up and consider how reports we have heard about the likelihood of abuse starting in pregnancy fit with the level of pregnancy discrimination experienced in the workplace.

Amendment 69 is about the argument that, when you have just taken the brave, frightening and dangerous step of leaving an abusive relationship, it is unarguably damaging and wrong to take on the weight of a loan; that should be changed.

Finally, on Amendments 72 and 102 on the benefit cap, this is a heartless, disastrous and damaging policy that explicitly and by design throws children into poverty. I note the comments that the noble Lord, Lord Best, made about the Government suggesting that this could be covered by discretionary housing payments from local councils. Here I should perhaps declare my position as a vice-president of the Local Government Association. Local councils are seeing enormous pressures, with continuing austerity in the supply of funds from Westminster. We have heard from Ministers that they want to make this Bill the best it can be. A postcode lottery in the ability to escape from abusive relationships, due to the benefits cap, is not the best this Bill can be.

Baroness Burt of Solihull Portrait Baroness Burt of Solihull (LD)
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My Lords, back in the days of the joint consultative committee on this Bill, on which I sat, we identified that

“access to money is one of the main barriers to ending an abusive relationship”,

for all the reasons outlined by the noble Baroness, Lady Lister. This is why she returns to this theme today, and I am delighted to continue my support.

We have long discussed single universal credit payments as a major tool of the perpetrator of economic coercive control—a tool handed to him by the Government. Amendment 10 requires the domestic abuse commissioner to look at this and to report to Parliament.

In her remarks, the noble Baroness, Lady Sanderson, said that she believed this is not appropriate or realistically achievable in one year, and that it is for the commissioner to decide what investigations she makes. She has a point. Frankly, I for one do not understand why a review should be necessary at all. For me, the case has already been made several times over.

Maybe those who design the payment systems would prefer to consign the work to enable split payments to the “too difficult” box, but, if they can design a mostly working model to incorporate six benefits into one payment that fluctuates with income—universal credit—I do not see why split payments should not be a doddle.

Amendment 10 is a very moderate amendment that calls for the facts to be laid bare so that the Government can be absolutely sure they will achieve the effect of greater economic independence, not just for the victims of domestic abuse but to generate greater economic independence for women receiving universal credit in all circumstances. Split payments reflect modern-day life. If we purport to see the independence of women in an equal society as a desirable thing, for so many reasons, why hand financial control in the vast majority of cases to the man?

Amendment 68 does the same thing as Amendment 10 from the perspective of relevant government departments, getting everyone involved in implementation looking at the issue from the perspective of what they can do. Amendment 69 takes the strain and worry of having to pay back benefit advances from victims who have received them. As I said in Committee, if the benefit system is not up to helping victims under great duress in a timely manner, those victims should not be made to suffer the worry of where to find the money to repay all the additional expenses they have incurred because of government tardiness.

This is a time of extreme vulnerability, as many noble Lords have said, not only for the victim but, potentially, for her children. Changes in the light of these amendments could make the difference between a decision to escape or to stay and face the misery and danger of remaining with an abuser.