Police, Crime, Sentencing and Courts Bill

Debate between Baroness Bennett of Manor Castle and Lord Paddick

Consideration of Commons amendments
Tuesday 26th April 2022 Lords Chamber

[Lord Paddick (LD)]

My Lords, for all the reasons explained by the noble Lord, Lord Coaker, we support Motions A1 and B2 on the noise trigger. Specifically, asking the police to anticipate what noise levels a protest that has yet to take place might result in is likely to bring the police into unnecessary and avoidable conflict with the public, further undermining the trust and confidence that the police rely on to be effective. The more popular the protest, the more likely it is to be noisy and the more likely it is to be banned.

I cannot play the noble Lord, Lord Coaker, at his own game, but he did ask me a specific question about the rank of officer who should be judging whether a protest is too noisy. Perhaps an additional condition should be for that officer to have a hearing test, because we cannot possibly have hearing-impaired senior officers making such important judgments.

On Motions B and B1, we insist on the amendment passed by this House the last time this issue was considered. That amendment allows the police to impose conditions on the start and end time of an assembly, meeting or political rally, in addition to the existing powers they have to set or move where the assembly takes place and to limit the numbers attending and its duration, but not to ban an assembly, meeting or political rally completely. In particular, Article 10 of the European Convention on Human Rights states that everyone has the right to freedom of peaceful assembly and to freedom of association with others.

Of course, it may be necessary, in exceptional circumstances, to place restrictions on this right, and existing legislation and Motion B1 allow that, but when it comes to taking away the right to freedom of peaceful assembly completely, by allowing the police to ban people meeting together, we agree with the then Conservative Home Secretary in the other place when the original legislation was passed that that would be an excessive limit on the right of assembly and freedom of speech. Allowing the police to prevent people peacefully meeting together—to ban political rallies, for example—surely puts us on the slippery slope of the erosion of fundamental human rights and the imposition of a police state. I ask noble Lords to support Motion B1.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise briefly to offer the Green group’s support for Motions A1 and B1. Another thought the police might have to consider is the historical place: how their judgment might be judged, both at that moment and later in history.

I have on my office wall a cartoon from Punch about the suffragettes. It has a whole series of episodes from a Minister’s day. It starts with the Minister in his bath. The suffragettes shout “Votes for women” through his window and he jumps up in horror. He then goes on the golf course. The suffragettes leap out of a bunker and shout “Votes for women”. He then breathes a sigh of relief when he gets to the House. The suffragettes appear through his window, shouting “Votes for women”.

I do not know whether the Minister knows “The March of the Women”, one of the suffragettes’ anthems. It starts:

“Shout, shout, up with your song! Cry with the wind for the dawn is breaking … Loud and louder it swells, Thunder of freedom”.


Noisy protest has been, and is, a central part of our democracy. It has been a central part of creating our democracy. Protest—having your voice heard—is not and must not be a crime.

Nationality and Borders Bill

Debate between Baroness Bennett of Manor Castle and Lord Paddick

Consideration of Commons amendments
Monday 4th April 2022 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, in the interests of time I will forbear from commenting on the geographical and climatic differences between the UK and Canada.

I offer Green support for all the amendments from Motion E1 onwards; my noble friend has already spoken on Motions C1 and D1—that is, on all the non-government amendments. On Motion E1, I will simply say that I wish to strongly applaud everything that the noble Baroness, Lady Stroud, said. It was plain common sense about the best outcome for asylum seekers and for the UK, and I commend her bravery in working on this issue.

I find Motions F1 and G1 the most difficult. I entirely understand and sympathise with the desire to make the Bill less bad in this area, but they still condone third-country processing. About the Australian third-country processing that this was modelled on, Human Rights Watch commented that the

“abusive offshore processing policy has caused immeasurable suffering for thousands of vulnerable asylum seekers”.

It noted that

“seven people have committed suicide”

in this process and said that

“children have been terribly traumatized”.

If we even pass a law that allows third-country processing, whether or not it is ever actually implemented, this will be a stain on Britain’s international reputation, as the practice has been a huge stain on Australia’s international reputation. The Government talk about global Britain; the globe will look at Britain and say that Britain is doing something utterly unconscionable if we even move to allow it, let alone actually implement it.

[Lord Paddick (LD)]

My Lords, in Motion C the Government claim that the provisions in Part 2 are compliant with the UN refugee convention—in which case, they should have no objection to Motion C1 in the name of the noble Baroness, Lady Chakrabarti, which puts such an assertion on the face of the Bill to ensure that the courts are able to test Part 2 against the UN refugee convention. In accordance with the Government’s claim in Motion C, the Government must surely agree with Motion D1 that, whether the Government categorise a refugee as falling into group 1 or group 2, as set out in the Bill, none the less, both groups must be given all the rights under the UN refugee convention. If not, Part 2, contrary to the Government’s claim in Motion C, would not be compliant with the UN refugee convention.

My noble friend Lady Hamwee has dealt with Motion E1 on the right to work, and Motion H1 on family reunion, which we also support. We hesitate to support Motion G1 in the name of the right reverend Prelate the Bishop of Durham, because it leaves offshoring on the face of the Bill. We totally, absolutely and completely disagree with offshoring but my understanding is that we are running out of options other than double insisting on the removal of the provisions from the Bill, which, I am told, would have serious consequences. Therefore, we will vote for Motion G1 to force the Government to secure the approval of both Houses for each country they propose to use for offshoring, by means of the affirmative resolution procedure once they have laid before Parliament the estimated first two-year costs for operating such a system for each country. Once Parliament has seen the countries that the Government propose to use for such an abhorrent practice, and the costs involved, we hope that no Parliament would approve such a practice.

The Ukrainian refugee crisis and the lamentable shambles created by insisting that those fleeing Putin’s war must have a visa to enter the UK, with the Home Office being unable to cope with the numbers of applications, clearly demonstrates the need for there to be appropriate resourcing, infrastructure and support for local authorities permanently in place to cope with such crises before they arise. Before Ukraine it was Afghanistan, before Afghanistan it was Syria; we need systems and processes in place to deal with these crises. The Motion in the name of the right reverend Prelate the Bishop of Durham seeks to achieve this without the previous set annual numerical target, instead allowing the Secretary of State to set the target and to put in place such measures as are necessary to achieve that target. Of course, we also support the noble Lord, Lord Alton of Liverpool, in his Motion K1 in relation to those fleeing genocide.

I say to the noble Lord, Lord Hodgson of Astley Abbotts, that less than 20% of immigration to the UK in recent years has been asylum seekers, and the Bill deals only with that 20%. I ask the noble Lord, Lord Horam: where are the provisions that specifically target people smugglers in the Bill? These policies target what he himself described as victims, and only the victims.

Nationality and Borders Bill

Debate between Baroness Bennett of Manor Castle and Lord Paddick

Report stage
Tuesday 8th March 2022 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise extremely briefly to demonstrate the very great political breadth of the terrier pack of the noble Baroness, Lady Lister. I just tweeted a picture of the text of the amendment with the hashtag #FairFees. It is simply unconscionable that people having to register the right they hold as a British citizen is being treated as a cash cow. To charge any fee to a looked-after child—how incredibly counterproductive is that?

[Lord Paddick (LD)]

My Lords, I thank the noble Baroness, Lady McIntosh of Pickering, for so ably introducing this amendment. I recognise the commitment of the noble Baroness, Lady Lister of Burtersett, and the noble Lord, Lord Alton of Liverpool, on these issues over many years.

Enabling eligible citizens to register their British citizenship is a positive thing, not just for the individual concerned but for society as a whole, for the reasons many noble Lords explained. Fees should not be set so prohibitively high as to prevent anyone who is eligible having their British citizenship officially registered.

We have raised before, and say again: why are immigration and nationality unique among government departments in being required to be self-funding when the services they provide are of benefit to everyone, not just the users of these services? We support the amendment.

Nationality and Borders Bill

Debate between Baroness Bennett of Manor Castle and Lord Paddick

Committee stage
Tuesday 8th February 2022 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise with great pleasure in following the three noble Baronesses who have proposed this amendment.

Outside Yarl’s Wood detention centre, at the “Set Her Free” protest, I listened to some incredibly powerful and moving speeches from women who had been detained in that centre and had then come back to protest. They spoke about what the experience was like and what they had been through. They showed huge bravery. We talk a lot about trauma in your Lordships’ House; you could hear the trauma in those women’s voices.

I see that the noble Baroness the Minister will not be answering this question, and I do not necessarily expect her to remember this, but in June 2020 when I was still a new Member of your Lordships’ House, she was kind enough to have a one-on-one call with me after I went with the South Yorkshire Migration and Asylum Action Group to Urban House in Wakefield, where the conditions were absolutely dreadful. We saw SYMAAG trying to pick up the pieces after the failure of government services to meet the most basic provisions.

That is why I want to make this particular point: much of the provision covered by the noble Baroness’s amendment is currently being filled, patchily and inadequately but desperately bravely and with huge effort, by voluntary groups such as SYMAAG, as well as many others like them around the country. They cannot possibly do an adequate job, but they do an amazing job. The point I want to make to the Minister is that, with adequate government provision, those groups could do so many other positive things to build communities and be an active growth force instead of just trying to plug the Government’s gaps.

There is a real long-term cost. If we look at the financial cost of the lack of provision that this amendment provides for, the long-term cost is far greater than the cost of providing care for desperate people who are in our society and are our responsibility.

[Lord Paddick (LD)]

My Lords, as the noble Baroness, Lady Hollins, explained, these amendments seek to ensure that the mental and medical needs of asylum seekers are addressed. They would require the Secretary of State to issue codes of practice to ensure that

“the United Kingdom’s obligations under Article 12 of the International Covenant on Economic, Social and Cultural Rights 1966”

are fulfilled in relation to asylum seekers.

Whether their claims are deemed to have merit or not, asylum seekers are entitled to be looked after while they are in the United Kingdom. For the reasons that the noble Baroness explained, they are likely to be more vulnerable and in need of greater care than the general population. God forbid we engage in offshoring —either exporting refugees to a third country while they application for asylum in the UK is considered or, even worse, doing so for them to pursue their asylum claim in that country. That should not absolve the United Kingdom of its obligations under the 1966 covenant. We support these amendments.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Bennett of Manor Castle and Lord Paddick

Lords Hansard - Part 2 & Lords Hansard - part two & Report stage
Monday 10th January 2022 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise as I did in Committee to speak briefly and humbly on behalf of my noble friend Lady Jones of Moulsecoomb, who signed the matching amendments in Committee. I can only pay very strong tributes to the noble Lords, Lord Cashman and Lord Lexden, for all their long work on these issues. The Green group, of course, welcomes these amendments. I would like to thank the Minister for her helpful letter that addressed the questions I raised in Committee about why it is not possible to automatically get rid of these offences to clear people of them.

In the light of that, I would simply like to prompt the Minister—though I realise it is early—for whatever information she might be able to give us both about what plans there are to publicise this legal change to make sure people are able to easily and simply apply and about what kind of timeframe for the process she sees going forwards. As has been said, many people affected by this may be of an older age group, and it is really important this is available to people as soon as possible.

[Lord Paddick (LD)]

My Lords, at last, much credit must go to the noble Lords, Lord Lexden and Lord Cashman, and to Professor Paul Johnson, but also to the Minister, who accepted the challenge from the noble Lords and ran with it. I understand the right honourable Priti Patel took little persuasion. Whether that is the Minister being modest or not, I have nothing but thanks and praise for all those involved.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Bennett of Manor Castle and Lord Paddick

Committee stage
Wednesday 24th November 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I believe the case for this amendment has already overwhelmingly been made from all sides of this Committee. The Green group would have attached our name to it to make it even more cross-party, had there been space.

I go to the words of one victim that, I believe, sum this up. They are taken from an article in the popular mainstream magazine Vogue, published this week. They are from a single victim whom it called “Chloe”, whose stalker was jailed after breaching protective orders more than a dozen times, even though he had never been convicted of stalking. Chloe told Vogue:

“The system designed to protect us is broken and reactive. It waits for harm … I will live in fear until the day he dies.”


Those are the words of lived experience. The system is broken. I believe the case for this amendment and for a strategy has been overwhelmingly made.

[Lord Paddick (LD)]

My Lords, I thank the noble Lord, Lord Russell of Liverpool, for moving Amendment 292N on behalf of the noble Baroness, Lady Newlove; I wish her well.

Victims of stalking, including female Members of Parliament, are being failed, as the noble Baroness has just said. As the noble Lord, Lord Russell, set out in his opening speech, there were 892,000 victims of stalking in the year to March 2020, according to the crime survey. The noble Lord pointed out the findings of the HMICFRS report on violence against women and girls regarding the inconsistent approach across different police forces to stalking protection orders; that the majority of orders had no positive obligation on the perpetrator; and that officers in force areas were unaware that the perpetrators were even subject to the orders, so there was no enforcement of the orders.

There is clearly a need to address perpetrator behaviour, in addition to protecting victims. My noble friend Lady Brinton said—and I agree—that stalking is not being taken seriously enough. That is as much a cultural issue for the police and courts as it is for society as a whole. There is clearly a need for a stalking strategy to ensure a consistent and effective response from all the authorities involved, as the noble Lord, Lord Hunt of Kings Heath, just said—not just the criminal justice system but charities and others that offer services to address the behaviour of offenders. We support this amendment.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Bennett of Manor Castle and Lord Paddick

Lords Hansard - part two & Committee stage
Wednesday 17th November 2021 Lords Chamber

[Lord Paddick (LD)]

My Lords, again, I was not going to speak in this debate, but it is important for me to share my professional experience of this. I once worked with Professor Larry Sherman, who was a leading academic on restorative justice at the time, on a pilot scheme in the Metropolitan Police. In support of what the noble Viscount has just said, two major things came out of that pilot.

One was about victim satisfaction. Obviously, the process was voluntary—victims were not made to confront their attacker if they did not want to—but many felt so much safer, for example if they had been mugged in the street, having met their attacker face to face than victims who were attacked by some anonymous person. They understood more about their attacker from that face-to-face meeting, so it is good in terms of victim satisfaction. This may be counterintuitive to members of the Government who feel that the public might see it as a soft option, but victims really benefit from this.

The other thing was the impact on perpetrators. Larry Sherman rightly pointed out that many offenders, particularly young ones, appear in front of a court but they never say anything. They plead guilty. They have a solicitor or a barrister representing them. They sit at the back, disengaged from the whole process, which happens without them participating in it at all. It has no real impact on them—apart from the custodial sentence at the end of it, perhaps. They do not quite understand why they end up in custody because they have not participated in the process at all. On the contrary, with restorative justice, they sit opposite the victim and the victim tells the perpetrator how that offender made them feel. This has a salutary effect on the perpetrator and their future offending behaviour.

I just wanted to tell the Committee about that experience because other noble Lords have not mentioned those two aspects of restorative justice.

[Baroness Bennett of Manor Castle (GP)]

My Lords, we have already had an extensive debate so I will be brief. I must note that I have heard my noble friend Lady Jones of Moulsecoomb talk about this issue often; it is something that she is extremely passionate about. I have no doubt that she would have attached her name to this amendment had space been available under our systems.

We have heard some terribly powerful contributions, particularly from the noble Baroness, Lady Harris of Richmond. I really hope that the Government were listening. I am not sure that the point has been made that restorative justice should be the foundation of our justice system. It should be fundamental to what it is all about. At the moment, by contrast, it seems to be an afterthought added on at the end. This means that we have seen a loss of funding for some really practical things, such as restorative justice training for all prosecutors, including the independent Bar, so that they can better identify opportunities for restorative justice when handling cases. We also need to see restorative justice training for magistrates and judges so that they can be fully involved in facilitating it. Just as judges have a central role in enabling alternative dispute resolution in the civil courts, in the criminal courts, they should promote and encourage a restorative approach all the way from the initial arraignment right through to sentencing.

What we are talking about here is coming out after the awful event of a crime and repairing, restoring and making things better. We know well from our criminal justice system—a system at the end of which everyone comes out feeling worse about it—that what we have at the moment is not working for the people involved. It is not working for victims. It is not working to provide change for perpetrators. It is not working for the entire community.

--- Later in debate ---

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise to briefly and extremely humbly speak on behalf of my noble friend Lady Jones of Moulsecoomb, who signed Amendment 266. I am greatly honoured to follow two such champions of this matter of undoing great injustices of the past.

I want to record our support for this and also to ask the Minister a question—to which I do not expect an answer now. These clauses provide for people to apply. Why can we not have a situation where we go through, find and identify these case and wipe them clean? That is the question I was asked to ask, and I am asking it. I do not necessarily expect an answer now, but I am putting it on the record.

[Lord Paddick (LD)]

My Lords, we support these amendments, so ably proposed by the noble Lord, Lord Cashman, supported by the noble Lord, Lord Lexden. I also pay tribute to the Minister for her sympathetic approach to these issues over the years. These offences should never have been offences in the first place. It therefore makes complete sense that, if people were convicted of such an offence and they apply to have a conviction or caution disregarded, and if that application is successful, they should be pardoned. Of course, deceased persons falling into this category cannot apply to have a conviction or caution disregarded, but they should be able to receive a posthumous pardon if the offence qualifies. It has taken 500 years to get to this stage and the Government have been making progress on these issues. These are the final pieces of the jigsaw and we support them.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Bennett of Manor Castle and Lord Paddick

Lords Hansard - part one & Committee stage
Wednesday 27th October 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

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 (LD)]

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.

Domestic Abuse Bill

Debate between Baroness Bennett of Manor Castle and Lord Paddick

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, these three short amendments bring together some very big debates around the Bill—much as the overall Bill has been welcomed from all sides of the House. I state my position as a feminist, as I have been since age five—and that is a trans-inclusive feminist.

I will begin with what I think is the easy amendment of this group: Amendment 185, in the name of the noble Baroness, Lady Lister of Burtersett, and backed by the noble Baroness, Lady Hodgson, and the right reverend Prelate the Bishop of Gloucester. It concerns joining up government policy and ensuring that any strategy to end violence against women and girls is thought of in the guidance around this Bill. As the noble Baroness, Lady Lister of Burtersett, said, this is a bottom-line, very simple approach. It asks that government thinking be joined-up and not be split into silos.

The Istanbul convention, which the Government are explicitly trying to comply with through this legislation, seeks

“to promote and protect the right for everyone, particularly women, to live free from violence in both the public and the private sphere”.

This amendment is very much in line with that approach.

We come now to Amendment 173 in the name of the noble Baroness, Lady Gale. I very much agree with and support the broad intention of this amendment, particularly the first part of it. It is important to ensure that the Bill is not gender-neutral. The Bill must make it clear that domestic violence and abuse are perpetrated overwhelmingly by men against women. I am indebted to the Women Against Rape and the Support Not Separation coalitions for drawing my attention to figures from the Office for National Statistics from 2018: in the year ending in March, 92% of defendants in domestic abuse-related prosecutions were men, while 83% of victims were women and 95% of calls to domestic abuse hotlines were made by women. Gender-neutrality is at risk of hiding the nature of violence and the nature of our patriarchal society, and enabling perpetrators, sometimes in tit-for-tat claims, to then suggest that they are victims themselves.

However, on the wording of Amendment 173, I am not comfortable with the final phrase, which identifies domestic abuse as

“a subset of violence against women and girls.”

This is where I come to Amendment 186 in the name of the noble Lord, Lord Paddick. I agree with his broad intention, because the fact is that there are significant numbers of male victims of domestic abuse. I share with others the concerns about expressing that statistic—and the statistic in the amendment is very much contested—although I acknowledge that the figures I read out earlier may be influenced by a lack of understanding of domestic abuse against male victims and by social stereotypes.

None the less, I think we need to not be gender-neutral in this Bill. As the noble Baroness, Lady Featherstone, said, the Government are trying to steer clear of gendering the Bill, but we are a society in which gender is a major characteristic. This has huge impacts on people’s power, access to resources and risk of domestic abuse. If the Bill does not recognise that fact, then I suggest it is failing to meet our obligations under the Istanbul convention.

[Lord Paddick (LD) [V]]

My Lords, the first and perhaps most obvious thing to say is that, following the noble Lord, Lord Rooker, scratching from this group, I am the only man speaking here. If the Committee will allow me, I am going to take this very carefully.

I thank my noble friend Lady Featherstone and the noble Baronesses, Lady Hodgson of Abinger and Lady Sanderson of Welton, for their support. I want to carefully go through what the noble Baroness, Lady Gale, said, before getting on to my substantive remarks. She said that domestic abuse disproportionately affects women. Clearly, it does. She also felt that the ONS figures took no account of coercive control. On where men are likely to be able to use their power to exert control over women, there are certain circumstances where coercive control is more in the hands of the man than the woman. However, on the other hand, it does not require physical strength, for example. I am not sure how much including coercive control would change the dial on the statistics. Speaking for myself and the abuse that I suffered, coercive control was the major part of that abuse.

The noble Baroness, Lady Gale, talked about higher levels of femicide; I will talk about homicides where there are male victims in my main remarks. She talked about violence directed against women because they are women. Clearly, that is the definition of violence against women and girls, but my position is that that is not the definition of domestic abuse—and this is the Domestic Abuse Bill. Agreeing almost completely with the noble Baroness, Lady Bennett of Manor Castle, I would say that an accurate description of domestic abuse is not, to use the expression of the noble Baroness, Lady Gale, that it is a subset of violence against women and girls.

I accept far more the amendment proposed by the noble Baroness, Lady Lister of Burtersett. She explained that her amendment would mean that the guidance should take into account any strategy to end violence against women and girls. I agree that it makes no sense for any guidance issued under this Bill not to take account of any strategy to end violence against women and girls, as there is a substantial, but not exclusive, overlap between the two.

Amendment 173 requires the Secretary of State to take into account the evidence that domestic abuse affects women disproportionately and, as I have just said, is a subset of violence against women and girls. I accept that two-thirds of the victims of reported domestic violence cases are women and that, as a result, it can be said that domestic abuse disproportionately affects women—there is no dispute about that. It is also therefore a fact that one-third of victims of domestic abuse are men. Domestic abuse is not a subset of violence against women and girls in the sense that it is not exclusively, or even overwhelmingly, the result of male violence against women.

It has been suggested that you cannot rely on the statistics. Noble Lords will be familiar with the alleged connection between lies and statistics, but I will give the Committee some more. The noble Baroness, Lady Fox of Buckley, talked about wanting incontrovertible facts. In the area of domestic violence, I do not think that incontrovertible facts exist. We know that domestic abuse is common, but it is often hidden and difficult to quantify. Half of male victims fail to tell anyone that they are the victim of domestic abuse.

I was a senior police officer when I was subjected to domestic violence that caused cuts and bruises, where I was kicked and punched by my abusive partner—legally, an assault causing wounding, punishable with a maximum sentence of seven years in prison. I did not report it to the police, and I did not even tell my own parents, such was the shame and fear of retribution from my abusive partner that I felt at the time.

The information that I have been provided with—I am grateful to the ManKind Initiative for its work in this area—shows that male victims are far more likely to report that the perpetrator of domestic abuse was female, in 60% of cases, compared with 1% of cases where the abuser was male. Of course, female victims were more likely to report that the perpetrator was male, in 56% of cases, but also that more than 2% of perpetrators were female. The Crime Survey for England and Wales for 2017-18 recorded 695,000 male victims of domestic abuse, compared with 1,310,000 female victims. If these statistics are correct, a significant amount of domestic abuse is perpetrated by women.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Baroness Bennett of Manor Castle and Lord Paddick

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Wednesday 30th September 2020 Lords Chamber

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I speak to Amendment 2 in my name, which takes us in a very different direction to the debate thus far. Amendment 2 has a modest snippet of text: “Leave out Clause 1”. If noble Lords go back to the Bill, they will find that it covers “Repeal of the main retained EU law relating to free movement etc.” This is the point, from the view of your Lordships’ House, at which the freedom of movement that was the birthright for everyone born since 1992, and which their elders have enjoyed since then, is irrevocably wiped out. We have an expectation, as problematic as it sometimes is, that society is advancing and improving. Yet here we are, after 28 years, taking a massive step backwards. I credit the noble Baroness, Lady McIntosh of Pickering, for noting in Committee how much she personally had benefited from freedom of movement. Many other noble Lords will have similarly benefited, and others have noted it in the House during debate.

As I speak now, I think particularly of the 18 year-olds who are having such a torrid time at university or college or in seeking a job. They have endured all the chaos of A-level and GCSE results and now face losing an escape route—a safety valve—but, above all, an opportunity to roam a continent without restraint, free to study, to work, to live and to love without thought of visa or restriction. That loss should not be allowed to slip quietly into the political darkness.

Much of the focus of the debate around freedom of movement and on the Bill has been on the fate of some 4 million EU citizens in the UK. We will be debating and, I hope, adding some positive changes to the Bill for them later. There is also a rightful focus on the Britons who now face being unable to live in their own country with their European spousal partner and children. I hope your Lordships’ House will also do something about that, but for now I will focus on the Britons affected. We cannot, of course, control what other countries do—by leaving the European Union, we have lost control of that—but we know that in Europe there is a strong tradition of reciprocity. Britons will largely be treated in European states as we treat their citizens here, which is something to think about right through this Bill’s discussions.

Of course, rich people and those with connections will not be anything more than perhaps a little discommoded: if you have enough cash, you can buy a passport from several European countries, and if you have a higher level of earnings or savings, a visa will not be a barrier. Losing freedom of movement is a massive set-back for equality. Over the recent long, weary years of campaigning, I have met many Britons who were not rich and who had not started out with the advantages that many in your Lordships’ House have enjoyed. However, they were able to establish a new life on the continent, with the choice of more than a score of countries before them; all they needed was a sense of adventure—or sometimes desperation—and a few pounds for a cheap coach fare, and they set out. They are some of the 1.2 million Britons who live in the rest of Europe, who will be profoundly affected by the decisions we are making today.

This is all one enormous, careless rush, with fewer than 100 days before the end of the Brexit transition period. In the Committee debate, the noble Baroness, Lady Hamwee, noted that the Bill removes

“all rights, powers, liabilities, obligations, restrictions, remedies and procedures which derive from EU law”.—[Official Report, 7/9/20; col. 644.]

I cannot tackle everything, but I want to do everything I can to highlight this great loss. Therefore, I give notice that it is my intention to divide the House, as I indicated in Committee that I would do at this stage. I will ask every Member of your Lordships’ House to be on the record: will you vote to greatly reduce the freedom we all enjoy from January, and probably for decades to come? Will you show your opposition, or will you remain off the record in the face of this massive loss?

[Lord Paddick (LD)]

My Lords, I rise to speak to my Amendment 26 in this group, and my noble friend Lady Hamwee will speak to the other amendments in the group. I too am sceptical about the Government’s ability to enforce immigration law in general and the end of free movement in particular. Indeed, as I have previously argued, there is evidence that, rather than “taking back control”, the Government have made the UK border more porous.

At previous stages of this Bill, I have raised the issue of EEA and Swiss nationals, who will continue to be able to enter the UK using airport e-passport gates and who will benefit from visa-free entry to the UK, officially for six months at the end of the transition period, along with the nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA—the so-called B5JSSK countries.

I am very grateful to the Minister for meeting me face to face—a rare treat—along with several officials, who joined us virtually. The point of raising this issue now is to have on the record the fact that the Government’s approach to immigration contains significant loopholes, which are as follows.

First, there will be no digital record of the immigration status of EEA and Swiss nationals, or those of the other B5JSSK countries that I have listed, visiting the UK under the six-month visa-free arrangements. This can be checked—for example, by landlords, in order to fulfil their right-to-rent obligations to ensure that they do not rent property to those who are in the UK illegally. The Government have no plans to change this situation other than an ambition that this will happen at some time in the future.

Secondly, there will be no way of tracking EEA, Swiss or other B5JSSK nationals once they have arrived in the UK, as no information will be recorded as to where they are going to be staying, there will be no stamp in their passport and there will be no way of establishing whether they have left the UK when or before the six-month limit has been reached.

Thirdly, in order to comply with the law—even though there is no way of enforcing it—all an EEA or Swiss national, or a national of one of the other B5JSSK countries, needs to do is take a day trip on the Eurostar to Lille, for example, in order to be legally eligible to stay for another six months. In their UK Points-Based Immigration System: Further Details Statement, the Government claim that EEA and Swiss nationals should not

“in effect live in the UK by means of repeat or continuous visits.”

However, in reality, there is no way of checking or enforcing this.

Fourthly, with the leeway provided to landlords under the right to rent scheme, landlords can rent a property for up to 12 months to an EEA or Swiss national, or to other B5JSSK nationals—even though they are legally allowed to stay in the country for only six months—without any sanction, civil or criminal. At the end of that period, the landlord can continue to rent the property to the EEA or Swiss national, or to one of these other nationals, provided they produce another ticket, boarding pass, travel booking or

“Any other documentary evidence which establishes the date of arrival in the UK in the last six months.”


Fifthly, the Government cannot provide any details of the electronic travel authorisations, or ETAs, mentioned in the Government’s immigration plans under the heading “The border of the future”, or of how that system will operate. The Government claim that it will

“allow security checks to be conducted and more informed decisions taken on information obtained at an earlier stage, as to whether individuals should be allowed to travel to the UK.”

In the meantime, and for the foreseeable future, the UK could be vulnerable to such individuals entering the UK—without checks or a visa—through the e-passport gates.

Every national of Australia, Canada, Japan, New Zealand, Singapore, South Korea or the USA used to hand in a landing card and be questioned by a Border Force officer at the UK border to establish where they were going to stay, how long they were staying and whether they had the means to sustain themselves without working illegally. I am told that about 3,000 US nationals a year used to be turned away at the border, but these individuals can now use the e-passport gates, almost always unchallenged. I understand that the reason the B5JSSK nationals were added to those who could use the e-passport gates was to better manage the queues at the UK border. Allowing people through the UK border more quickly by not checking whether they are entering the UK legitimately does not seem to be “taking back control” of our borders.

From 1 January, EEA and Swiss nationals will be able to enter the UK in the same way, even though free movement is supposed to be at an end. Can the Minister please confirm on the record that these loopholes do indeed exist and that there are no immediate plans to close them? Can she also repudiate the explanation offered by a lawyer friend of mine—who, when I discussed this issue with him, described the B5JSSK countries as “white” countries—by explaining how the B5JSSK countries were chosen?