Enterprise and Regulatory Reform Bill

Baroness Brinton Excerpts

Monday 14th January 2013 Grand Committee

[Baroness Brinton]

My Lords, there is a balance in these cases. I accept the points that the noble Baroness, Lady Turner of Camden, has made, but an issue has concerned me for some time about there being no defence for breach of duty for organisations that have done their absolute utmost to prevent an accident.

Let me give the Committee an illustration. An organisation with catering facilities for conferences has an extremely good record in public hygiene, effective written policies for staff at all levels and good training in management oversight of practices in its kitchens. A casual chef was employed from an agency. The chef was briefed that he was not to use raw egg in a mousse. He was given a written recipe to follow as well as the policy about why raw egg should not be used in such recipes. He disobeyed the order and, as a result, a conference delegate became seriously ill and had a miscarriage. That is a dreadful outcome from a single thoughtless incident by someone who was not even an employee but an agency worker not following instructions.

The lack of defence for the breach of duty legislation meant that the organisation itself was sued both civilly and criminally, but so were the people who had put in place the policies and monitoring, even though they had explicitly told this particular individual not to follow that course. As a result, individuals further up the organisation were extremely concerned that there was nothing further they could have done. Everything that the managing director, for example, had asked to happen had been carried out by those working beneath him. The organisation was rightly fined and compensation was rightly paid. However, the point is that there has to be some defence for breach of duty.

[Baroness Whitaker]

I apologise for interrupting so early in the noble Baroness’s speech, but it is important to say first of all that almost all provisions in the Health and Safety at Work etc. Act include the little phrase,

“so far as is reasonably practicable”.

Some have strict liability but there are very few. I hope that the noble Baroness will accept that, on the whole, lack of prior knowledge and lack of control does not mean that you will be judged to have committed a criminal act.

[Baroness Brinton]

I am grateful for the intervention by the noble Baroness, Lady Whitaker. Unfortunately, that was not true in this case. Only at the last minute were the managing director and someone else removed from the criminal action, which was helpful, but it was only after months of papers going between the Health and Safety Executive and others.

The point that I am trying to make is the one that I started with: there is a balance. I accept the undertaking that employees need to be protected, but there are occasions when there should be a defence for a breach of duty. I believe that new subsection (2D) in Clause 61 attempts to do that. The concerns that the Baroness has raised should be looked at and I hope that there will be some scope for the Minister to address them. But I would not want the record to show that concern was only one-sided. Certainly, some organisations do their utmost to make sure of something and they appear still to fall foul of legislation.

Violence Against Women

Baroness Brinton Excerpts

Thursday 29th November 2012 Lords Chamber

[Baroness Brinton]

My Lords, the threat of violence remains a shocking part of everyday life for too many people. Noble Lords have spoken movingly of that in this important debate. I thank the noble Baroness, Lady Jenkin of Kennington, for securing this debate.

Some noble Lords will be aware of my own experience of being stalked—thankfully, it was never actually violent. I want to focus on how the new law that came into effect last Sunday will begin to transform the lives of victims of stalkers, the vast majority of whom are women. The independent stalking inquiry chaired by Elfyn Llwyd MP, on which I was privileged to sit, heard evidence last year which shows that stalkers are frequently very bright, extremely manipulative and seek to control the lives of those whom they stalk in every way, every hour of every day. Problems have arisen in the past when the police and criminal justice system have not recognised the threat of violence, resulting in tragic consequences. For example, at the inquest of Clare Bernal, murdered by a former admirer in Harvey Nichols in 2006, the coroner said that the police could not have prevented her murder. However, this ignored the many signs which the police and others ignored. These included his threats to kill her and the fact that he had approached colleagues for advice on how to buy a gun and on the jail sentence for murder—all at a time when he had been arrested for harassment, stalking and threatening to kill, had been rearrested for breaking bail conditions, had talked of suicide and had lost his job. But no one thought to assess the risk he posed to Clare.

It did not have to be like this. The examples of Australia and the United States, which legislated some time before us, prove that comprehensive anti-stalking legislation can be highly effective. The Australian legislation, which first separated stalking from harassment and domestic violence, as we have now done, has led to a substantial decrease in stalking. Key to the legislation are police protocols to assist victims through their ordeal, including the allocation of a trained police officer as primary liaison and the training of all—yes, all—police officers to recognise stalking and its dangers.

Sadly, prosecution alone is often not enough to help a victim overcome the complex consequences of their ordeal. In America, stalking survivors have explained which measures undertaken by their local police department made the biggest difference in their cases and, ultimately, their lives. These included the speed of the officers’ response, putting safety first, the use of technology in recording evidence, and help for victims to understand the risks to themselves.

The new stalking law in England and Wales makes stalking a criminal offence in its own right and no longer just part of harassment. It gives courts the ability to sentence stalkers threatening violence to up to five years in prison. Unlike the Scottish law introduced two years ago, the legislation here goes further by stating that training and support is necessary for the entire criminal justice system. The victims of stalking also need expert help to protect themselves from the perpetrators.

I give my personal thanks to all Ministers who supported this legislation as it progressed through Parliament, and particularly to Lynne Featherstone, who made it a priority to champion the fight against violence against women in any form. It remains essential that we hear the voices of the victims and assess the risks to them. An anti-stalking law is only as effective as those who enforce it. The culture change proposed in the new law may take a while to implement, but I am sure that now we have a tool that can give women peace of mind and safety from the persistent nightmare of stalkers.

Unemployment: Older Women

Baroness Brinton Excerpts

Tuesday 16th October 2012 Lords Chamber

[Baroness Brinton]

My Lords, one of the major challenges facing many older women in preparing for their retirement is the current complexity of the pension and pension credit system, which puts women at a disadvantage. Figures suggest that some women on average receive £40 a week less state pension than men as a result of changes. What is the department doing to simplify the system and give clarity to women as to what level of state pension they will receive?

[Lord Freud]

My Lords, as my noble friend will know, we are making big strides on pension provision. We have introduced the triple lock and we are talking about introducing a single tier of pensions, which will massively simplify the overcomplex pension provision in this country.

Young People: NEET

Baroness Brinton Excerpts

Tuesday 29th November 2011 Lords Chamber

[Lord Freud]

I should like to pick up one aspect of that question, which is the nostalgia displayed for the future jobs fund. When you look at the results of the future jobs fund, you find that, two months after the period ended for a major cohort early on, about half of the people who took part were back on benefit. If you look at what happened under work experience, two months after the first cohort went through, roughly half of the people were off benefit—the same. The difference was that the future jobs fund cost £6,500 whereas the work experience cost £325—20 times cheaper. That is the difference of our activity in looking after youth. We are just as effective, but we are doing it cost-effectively.

[Baroness Brinton]

My Lords, I welcome the Government's expansion of apprenticeships, but it is wrong to assume that this on its own will lower unemployment. Currently, most apprenticeships go to young people already in jobs. Only if a job with an apprenticeship is offered to a young person currently on jobseeker’s allowance will unemployment fall. What steps are being taken to develop closer work between DWP and BIS to ensure that apprenticeships indeed go to unemployed young people?

[Lord Freud]

We are very concerned to have apprenticeships going to the people who need them most. Last week, we announced incentives for employers effectively to take an extra 20,000 people off JSA by giving incentives of £1,500 to do that. We are having a massive increase in apprenticeships. The starts have gone up to about 440,000 this year, which is up 50 per cent on the previous year.