Tackling Child Sexual Abuse

Baroness Berridge Excerpts

Tuesday 22nd April 2025 Lords Chamber

[Baroness Berridge (Con)]

My Lords, I had the duty to give evidence to IICSA while I was a Minister in the Department for Education, so I am grateful for the Government’s action on mandatory reporting. I am grateful to see in this Statement that the recommendation for a child protection authority is being taken forward and note that it will be sent out to consultation. I would be grateful to know from the Minister whether it is envisaged that that authority would deal with some of the gaps in DBS checks that still exist. For instance, as far as I understand it, if you are a private tutor not employed by a company, you cannot get a DBS check.

I would also be grateful to know whether, as the noble Lord, Lord Stoneham, asked, there will be broad enough jurisdiction over charities and, in particular, faith institutions—which may be struggling with their safeguarding investigations—so that the authority would be authorised to intervene in those charities within the Church of England. There are many smaller charities with some kind of oversight function over faith institutions where there are vulnerabilities preventing them doing those investigations swiftly. Does the Minister envisage that the child protection authority would have that jurisdiction?

[Lord Hanson of Flint (Lab)]

I am grateful for the work that the noble Baroness did on this issue while in government.

The new child protection authority will be established to prioritise vulnerable children by making the child protection system clearer and more unified and by ensuring that there are ongoing improvements. It will try to achieve the points that the noble Baroness mentioned. By the end of this year—which I know seems like a long time to noble Lords and Baronesses—we will consult on how we establish the child protection authority and what its functions and responsibilities will be in more detail.

We have responded to the IICSA recommendation to establish the authority, and therefore it will be done. However, it is important that we consult widely on what it is, what its powers are and what areas it covers, so I cannot pre-empt that in answering the points that the noble Baroness made today. There will in due course be opportunities for full consultation and, ultimately, for this House to determine, with the House of Commons, the format and responsibilities of that body.

Child Sexual Exploitation and Abuse

Baroness Berridge Excerpts

Monday 20th January 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

The noble Baroness, Lady Foster, knows that I have great respect for Jim Gamble and his work. She will also know that addressing the movement to online presence, the dark web, fake images, AI, and the future development of child abuse in that sphere is extremely important for the Government. That is why two things are happening as a result of my right honourable friend’s Statement. The first is action on the Online Safety Act to try to look at how we tighten up laws on the use of child images and child abuse images online. Secondly, we are recruiting a large number of additional online undercover police officers. I do not need to talk to the House in great detail about that, but the purpose of those officers is to capture people who are committing criminal activity online and bring them to justice in order to stop them exploiting young people and children, and to stop young people and children being exploited through providing images that those people will seek to use. They are both extremely important areas that the Government are focused on.

[Baroness Berridge (Con)]

My Lords, I had the duty to give evidence to IICSA in my time as a Minister, and then served on the Select Committee that looked at statutory inquiries. We came up with a recommendation that was in line with what the noble and learned Baroness, Lady Butler-Sloss, said about enacting recommendations. We heard evidence, though, that, in addition to its recommendations, a really important part of IICSA was the Truth Project. Of some 7,000 victims who took part, about 6,000 were within that project, which was nowhere near being a core participant. Can the Minister outline how reviews of local inquiries will not lose sight of the fact that victims really valued that process, which was very cathartic and not part of the judicial process of the inquiry?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness, Lady Berridge, for those comments. I think she will know that the Government want to put victims at the heart of the response to the recommendations. We debated mandatory reporting on Friday in this House, and it was clear that victims carry the pain of their victimhood through into adult life and beyond. It scars individuals. My noble friend Lord Mann mentioned the many victims who do not reach adulthood because they self-harm and commit suicide. We need to address how we involve the experience of victims to ensure we do not create future victims. I see the noble Baroness, Lady May of Maidenhead, in her place. The inquiry she established had a number of recommendations on how we can help support victims, and we will look at those between now and Easter. It takes time, but we will look at how we can respond to those recommendations in the best way, so as not to lose the knowledge that the noble Baroness, Lady Berridge, mentioned.

Regulated and Other Activities (Mandatory Reporting of Child Sexual Abuse) Bill [HL]

Baroness Berridge Excerpts

2nd reading
Friday 17th January 2025 Lords Chamber

[Baroness Berridge (Con)]

My Lords, I too pay tribute to the noble Baroness, Lady Grey-Thompson, for her tenacity in pursuing this Private Member’s Bill. I served on the Select Committee of your Lordships’ House looking at statutory inquiries and had the privilege and duty of giving evidence to IICSA while a Minister in the Department for Education.

The Select Committee stated that too many recommendations from statutory inquiries are not responded to or, even if they are accepted, they are not acted on. When victims give evidence as they do in such inquiries, it is disrespectful at least, and possibly harmful, to treat recommendations in this manner. As the noble Baroness, Lady Grey-Thompson, outlined, this recommendation is nearly three years old. Could His Majesty’s Government make sure that all past recommendations of all statutory inquiries are looked at now? If they have been accepted, when will they be enacted, even if this new Government take a different view? Surely it is better for victims to know that than have this grey area where there has been acceptance but they are not sure what is going to happen?

While there is now widespread agreement on enacting this recommendation, effective definition of this duty is harder than it might seem. The last Government’s attempts might not have actually created a criminal offence. I know that this is a Private Member’s Bill, with all the constraints this brings, but I wonder whether the limitation to humans having knowledge of child abuse now needs updating. Much of the knowledge of or disclosure by children who have been harmed may in fact be sitting on online platforms, as they increasingly disclose in that way. So, when His Majesty’s Government consider this mandatory reporting duty, could we please be assured that the duties to report on corporations and online platforms under the Online Safety Act align with human beings’ responsibility to report such harm under mandatory reporting?

Also, as the noble Baroness, Lady Walmsley, outlined, there is no definition of child sexual abuse in the Bill. Again, with much happening online, such as deepfakes and the plethora of offences, these are now not straightforward issues. What if a group of teenagers come across images on their parents’ devices and happen to mention that casually in the hearing of a youth group leader or teacher? Is that child abuse to report? A proper definition will limit the number of misguided or false reports.

While I welcome the creation of a separate detriment offence in Section 3(2), if someone does not report child abuse as they have suffered a significant detriment, and is charged with the offence under Section 3(1), they do not seem to be able to raise that detriment or the threats they suffered as a defence. Is that really just? While we expect people to put the seriousness of child sex abuse disclosures above the reputation of institutions and their own personal promotion, et cetera, if they are being threatened with significant detriment, should they still be guilty of an offence if they succumb to that pressure? Should the magistrates not at least have a discretion to take that into account or are His Majesty’s Government expecting that the common-law defence of duress will be raised in those circumstances?

I would also be grateful if His Majesty’s Government could confirm whether these offences are going to be relevant for that person’s own DBS check. Whether they have that defence that they can raise is very pertinent, because it could affect their career in an ongoing way if it is relevant to their DBS clearance.

I was surprised to read in the IICSA report that it asked for information from local authorities about the level of disclosure of child sex abuse and was told that the data is not collected. If local authorities are given this duty, surely they should have to collect the data and be given the resources to do so. With over 82,000 people currently barred from working with children, sadly, this is not a historic issue.

Windrush Compensation Scheme

Baroness Berridge Excerpts

Thursday 19th December 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

I am grateful to my noble friend for the question. We will examine the points that he has made, and I will write to him about the detail of the potential Home Office response on that. He needs to be reassured that the Windrush commissioner proposals that we are bringing forward, the £1.5 million we have put in to help with advocacy—as mentioned by the noble Baroness, Lady Benjamin—and the commitment to deliver this scheme quickly are for the whole purpose of recognising the hurt and suffering of Windrush victims, and giving them proper redress for that hurt and loss.

[Baroness Berridge (Con)]

My Lords, the Minister mentioned that it had been significant that a single caseworker had been allocated, and that it had really improved the system. The Windrush compensation scheme is one of many that the Government are running at the moment, such as the Post Office and infected blood. Can the Minister please make sure that he shares the lessons learned across government, particularly with the Cabinet Office, to ensure that people are getting a speedy redress when they are owed compensation by the Government?

[Lord Hanson of Flint (Lab)]

I will certainly do that and take that back to pass on to my Cabinet Office colleagues. One of the reasons why the new Government introduced the single named caseworker was in direct response to the type of criticism that the noble Baroness, Lady Benjamin, has brought forward. We hope that it will streamline the process, improve consistency, increase transparency and remove the duplication, because those are the factors that have led to delay. If there is good practice from the Post Office and infected blood compensation schemes, and/or vice versa from this, the Government should self-evidently adopt it and make sure that victims get the justice they deserve at the time they deserve it.

Guns Manufactured by 3D Printers

Baroness Berridge Excerpts

Tuesday 10th December 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

The question of hybrid weapons, again, is covered by existing legislation, in the sense that it is an offence carrying a penalty of life imprisonment to distribute them, and an offence carrying a penalty of between five and 10 years’ imprisonment to hold and own them. If the hybrid nature of firearms is being developed, that again is an issue that we are currently looking at, currently examining. There is a Private Member’s Bill in the House of Commons for consideration in January. The Government will respond to that Private Member’s Bill and will reflect on the points made in both this House and the House of Commons.

[Baroness Berridge (Con)]

My Lords, I had the pleasure of doing a Private Member’s Bill with the late Sir David Amess, which dealt with the supply of machinery that could manufacture, for instance, counterfeit passports. Building on the points made by the noble Lord, Lord Hogan-Howe, when we look at this matter, could we make sure that we look also at any 3D printing of bullets—which is apparently at the cusp of being possible —as well as handguns?

[Lord Hanson of Flint (Lab)]

Absolutely. Again, I am in danger of repeating myself to the House. Those matters are under consideration. The Government will review all legislation. Again, the Government’s main aim is to strengthen what we already have: a penalty of life imprisonment for the illegal manufacture and distribution of weapons, and a penalty of five to 10 years for the holding of an illegal weapon. We are keeping these matters under review. I hope the House can hear what I say and understand the consideration that we are making.

Illegal Migration Act: Northern Ireland

Baroness Berridge Excerpts

Wednesday 15th May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I would go back to my original answer of last week: I still do not think it is appropriate to comment on the internal policies of another country. As I have repeatedly said—and as I will continue to say as often as I am asked—the Government will take all steps to defend their position, including through an appeal. I would also say that this is not about prioritising one part of our country over another. It is about maintaining the UK’s border integrity.

[Baroness Berridge (Con)]

My Lords, the Illegal Migration Act is the basis on which the Home Office has any authority to accommodate children. I understand from my noble friend that the Government are appealing, but is the Act disapplied and, if it is, what does that do to the authority of the Home Office to accommodate any unaccompanied asylum-seeking children in Northern Ireland?

[Lord Sharpe of Epsom (Con)]

My Lords, obviously the Government are still seeking advice on all aspects of what the judgment means, but we will be appealing. I should also say that the final order will not be handed down for another two weeks, so an appeal cannot be lodged until after that final order is handed down.

Family Reunion Visas: Gaza

Baroness Berridge Excerpts

Wednesday 24th April 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, the safety of all British nationals affected by the conflict in Gaza continues to be our utmost priority, but individuals who are not British nationals should apply for a visa to enable them to enter the UK in the normal way—and of course much of the process is online. Individuals who are not British citizens must not travel to the UK without existing permission to enter or remain previously agreed.

[Baroness Berridge (Con)]

My Lords, under the Ukrainian scheme, about 174,000 people came to the UK, and there were extensive categories of family relationships under that scheme. Can my noble friend the Minister outline whether the same categories apply for this family reunification scheme—and, if not, why not?

[Lord Sharpe of Epsom (Con)]

The Ukraine family scheme was a temporary visa approach rather than a refugee scheme. It is not a route to permanent resettlement; it formed part of the response that we made with other countries to the Russian Government’s unprovoked war against Ukraine. The Ukraine family scheme was developed in close consultation with the Government of Ukraine, who have been very clear that they would like their citizens to return to Ukraine when it is safe to do so. Obviously, similar discussions with the Government in Gaza would not be possible, so the two situations are not analogous.

Former Independent Chief Inspector of Borders and Immigration: Reports

Baroness Berridge Excerpts

Wednesday 6th March 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I am afraid I do dispute that characterisation. David Neal had his appointment terminated after he broke the terms of his contract and lost the confidence of the Home Secretary, because he released sensitive and misleading information from unpublished reports, well within the time commitment for publication. The Home Office had therefore not had time to fact-check and redact inappropriate material. I will give an example of the fact-checking required in some cases: the asylum casework report contained 67 factual inaccuracies, the vast majority of which were indeed accepted by the ICIBI. It is important to mention that a new inspector will be appointed following a full and proper process.

As regards the situation in the hotel, as I said, on both occasions of the inspection, the ICIBI found that children accommodated temporarily at the hotels reported that they felt happy and safe and spoke well of the staff caring for them. But, once we learned about the incident from the chief inspector, there was an immediate investigation and the support worker in question was removed and did not return.

[Baroness Berridge (Con)]

My Lords, your Lordships’ House spent many hours considering the Illegal Migration Bill, which considered the law to enable the Home Office to accommodate vulnerable children. Major concerns were raised at that time. Indeed, the Children’s Commissioner has said that it is “not appropriate” for the Home Office to accommodate vulnerable children—it is not its expertise. Will my noble friend the Minister accept her offer, in these circumstances, to conduct an inquiry and find out exactly what has been going on with what is obviously a most vulnerable group of children, many of whom are primary school age?

[Lord Sharpe of Epsom (Con)]

My Lords, since the two ICIBI inspections, in 2022 and 2023, we have closed all seven hotels used to accommodate unaccompanied asylum-seeking children. It goes without saying that the safety and welfare of unaccompanied asylum-seeking children is a priority. The multidisciplinary wraparound care provided in the hotels, including access to nurses and social workers, ensured that children were supported around the clock.

On whether they were of primary school age, I am afraid I do not recognise those numbers. I can update the House: as of 5 March, 118 children are still missing; 104 of those are Albanian, all of them are male, and the vast majority were aged 16 and 17 when they went missing. Only about 18 are still under the age of 18. It is not quite the picture that my noble friend painted.

Asylum Seekers: Channel Crossings

Baroness Berridge Excerpts

Thursday 7th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As I say, the history of effecting returns has been difficult hitherto, as it was under the previous Labour Administration. However, I am glad to say that returns are now being effected very successfully to those countries with which we have an agreement, such as Albania, as identified by the noble Lord. Further work will be done in relation to that. Of course, once we have the outcome of the Supreme Court litigation, and the avenue of removal to a safe third country is available, one would anticipate that the number of removals will increase.

[Baroness Berridge (Con)]

My Lords, could my noble friend the Minister please elaborate on when he expects the Illegal Migration Act to be in force, because it makes lawful the Home Office accommodation of children who obviously are not going be returned under that Act? Could he outline to noble Lords whether there will be statistics about where children actually end up once the Act is in force? Will we know whether they are in hotels, or whether they are under the care of the local authority?

[Lord Murray of Blidworth (Con)]

I have no doubt that the Home Office will provide statistics, as it does at the moment, on a regular basis. As to the indication of when the provisions of the Illegal Migration Act in relation to transfer come into force, that depends on a number of variables, not least the position in relation to the litigation. However, I am sure that I will be able to revert to the House in due course with news on that.

Illegal Migration Bill

Baroness Berridge Excerpts

Consideration of Commons amendments
Wednesday 12th July 2023 Lords Chamber

[Lord Scriven (LD)]

My Lords, on these Benches, we support Motions E1, J1, K1, N1 and N2. We welcome the Government’s Motion L on time-limiting detention for women who are pregnant. This suite of Motions is about the depriving of liberty of some of the most vulnerable people who reach these shores and, in particular, the welfare of children.

Government Motion J is narrow, as the noble Baroness, Lady Mobarik, said. It is a limited concession, and as Tim Loughton pointed out in the other place yesterday, unaccompanied children’s arrivals are to be treated the same way as adult arrivals in terms of their detention for initial processing, and the amendment proposes nothing for unaccompanied children detained for those purposes.

As the noble Baroness, Lady Mobarik, said, for those who are deemed in detention for removal, there is no automatic condition of eight days; there is a condition that, at that point, a child can ask for bail. Just think of a 10 year-old child in detention: how will they have the support to be able to ask for bail? It is for that reason that, if the noble Baroness moves Motion J1 to a vote, these Benches will definitely support her. The same is true for the right reverend Prelate the Bishop of Manchester’s Motion on unaccompanied children.

I support Motions N1 and N2, and particularly the points made by the noble and learned Baroness, Lady Butler-Sloss. Throughout the passage of the Bill, these Benches have asked on a number of occasions, as have other noble Lords throughout the House, what the role is of the corporate parent—the local authority—under Clause 16. To date, the Minister still has not answered that question. It is really important that the Minister says something from the Dispatch Box; otherwise, this will end up in the court, given the contradiction between the Bill and the provisions in the Children Act 1989, particularly Sections 17 and 47. That is why it is important that the assurance the noble and learned Baroness asked for be addressed by the Minister now. We believe that Motions E1, J1, K1, N1 and N2, if put to the House—particularly Motions J1 and K1—will add a little more humanity, kindness and compassion to the Bill.

[Baroness Berridge (Con)]

My Lords, I will speak to the Motion in the name of noble and learned Baroness, Lady Butler-Sloss, as I had put my name to a similar amendment on Report.

We should not take for granted the decades of work done by many in your Lordships’ House, and others, to put together a child protection system that is well understood. In her most recent email of today, the Children’s Commissioner stated that the local authority must have responsibility for the safety and well-being of children in all settings, including when they are detained.

The child protection system that I have outlined is like a jigsaw: it is well put together and each of the bodies involved knows what its role currently is. That includes many bodies, such as the police, the local authority, schools, the NHS and, at government level, the Department for Education. It is noteworthy that in many of the legal cases taken by children’s rights organisations, the main submissions, if not the only submissions, that the court has wanted to hear are from the Department for Education, not the Home Office.

What we have with this jigsaw puzzle of people responsible is a Home Office that seems to have taken out some of the pieces of that child protection system, and we are not sure how they fit together again. Since this is an area where retrospectivity will apply to those children in hotels—they are now in hotels again—I hope that there will be clarity, at last, from my noble friend the Minister as to how the pieces of that well-understood jigsaw will be put back together, so that everybody knows what their role is. We know from history that if people are confused about their role in a child safeguarding situation, information, communication and the welfare of children themselves can fall between those gaps.