Victims and Prisoners Bill

Debate between Baroness Brinton and Baroness Fox of Buckley

Committee stage
Wednesday 7th February 2024 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

Yes, I said the other day in speaking to my amendments, I hope everyone accepts, that more women are the victims of domestic violence, but it is also the case that it can work both ways. I would like each allegation to be carefully examined by the courts; that is all. It needs to be that way, because we should have the aspiration that both parents should work to restructure the family in a healthy manner after separation, even after the massive disruption of domestic abuse. In the spirit of saying that I want people who commit certain crimes to become rehabilitated and to become responsible citizens, I do not want something that is so blanket as Amendment 82.

[Baroness Brinton (LD)]

The argument that the noble Baroness is expanding on now would be a case where a couple had separated and there may have been some domestic abuse or domestic violence. She is saying that they should both have the opportunity to try and get together and work things out together for the sake of the children. I do not believe there is anybody in your Lordships’ House who would disagree with that sentiment, but that is not what this amendment is trying to do. It is saying that, when the charge of parental alienation is used, it is almost demonstrating—simply by using the terminology and everything that goes with it—that the battle by one party still continues against the victim. Therein lies the problem. The noble Baroness’s latter principle is absolutely fine, but that is not the way that the people who bring forward claims of parental alienation behave in the court system.

[Baroness Fox of Buckley (Non-Afl)]

My only final point is to say that the term “parental alienation” has become problematic on both sides. It seems to me that one side can use the term “parental alienation” in the way that has been described—I have made the point that the term is used in the amendment—and another side can basically say that anyone who uses the term “parental alienation” does not understand the problems of victims of domestic violence, which is usually the accusation, as is that they are on the side of men’s rights campaigners. I am not saying any of that. I want some clarification on one amendment only of this very big group, because it is unhelpful to put it in the law.

Victims and Prisoners Bill

Debate between Baroness Brinton and Baroness Fox of Buckley

Committee stage
Monday 5th February 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I am sorry that the noble Lord, Lord Wigley, was not here to move his amendment. Given the debate we had on the previous group, I think he would have made the point that we need specific guidance for other specialist services as well. I hope that the Minister will respond to that.

I was very taken with the point made by the noble Lord, Lord Foulkes, about older people. We assume that it is younger people who tend to be victims of domestic abuse, economic abuse and sexual violence, but that is not the case. Older people’s circumstances are often different, and they require more specialist advice. That does not mean that a person cannot be qualified to be a specialist adviser in two or three areas, but it means they have done the training and understand the differences. I am very mindful of that, and these Benches are supportive of it.

On the amendment spoken to by the noble Baroness, Lady Fox of Buckley, supported by the noble Lord, Lord Jackson of Peterborough, I am wondering how it would work. I think the noble Baroness is saying that trans women are incapable of understanding, helping or addressing trauma, yet trans women are already accessing women’s refuges because they have been victims of trauma.

[Baroness Fox of Buckley (Non-Afl)]

I can clarify that.

[Baroness Brinton (LD)]

Let me develop this point first. The difficulty that I have is that the one place where a trans woman can feel safe if she has been assaulted by a man is a women’s refuge. I have looked and looked to see whether I can find evidence of trans women assaulting women in refuges, and I can find none. I cannot find any publicity, and in the current culture wars that the noble Baroness spoke of, it would be everywhere if that were the case. I hope that it does not happen. From talking to trans women, I know that they have frequently—more frequently than women, if you look at the ratio; it is a very small number of trans women—been assaulted and raped. Therefore, I would be very concerned about anything that removes their rights. I am worried that there is not a problem that needs to be solved. I say that with the greatest respect to the noble Baroness, Lady Fox, and the noble Lord, Lord Jackson.

[Baroness Fox of Buckley (Non-Afl)]

I only want to clarify. The example that I used, to be clear, concerned instances where there was provision for trans women but not all natal women wanted to share their trauma with trans women. I did not mention assault by trans people against anyone, because that is not what this is referring to. The women’s-only facility argument in relation to services for sex, sexual assault and violence and domestic abuse is quite straightforward; it is understood in the law that women can have only-women provision, but the use of the word “woman” is now so misunderstood and can be interpreted as including trans women that it gets very confusing. I am afraid that that means that the lack of choice is not for trans women but for natal women—women.

Retained EU Law (Revocation and Reform) Bill

Debate between Baroness Brinton and Baroness Fox of Buckley

Committee stage
Monday 6th March 2023 Lords Chamber

[Baroness Brinton (LD)]

It is fairly straightforward. Those of us with extreme concerns about the Bill do not want a Bill passed where time after time people, especially the wider public, realise that regulations have been sunsetted without their understanding of the consequences—and without our own Parliament’s understanding of the consequences. Frankly, that is the one delay that really should be put in place, because we do not know what is going to happen.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I have tried to follow and to listen to as much of the discussions on the Bill as possible, and I confess that some of the legal arguments happening earlier were beyond me. I will raise a couple of points, the first of which is in relation to the delay. I said at Second Reading, and I maintain the point now, that the Bill has been a long time coming. The public perceive the debate about how we deal with taking control of our own laws, as the UK having left the EU, not in the sense that it has been rushed through, but rather that it has been sluggish and blocked, and that any attempts to try to force through that break from the European Union have been obstructed by people who did not approve of the decision taken in 2016.

I am very sensitive to the perfectly reasonable criticisms made throughout the arguments I have heard. The Minister must give some reassurance that there are no unintended consequences of the Bill and that important laws are not lost that the Government do not intend to lose—those they will lose by accident, as it has been described. That is of some concern. Reassurances that they are in control are not that reassuring when we look at the parlous state of the way everything else is falling apart at the moment. So I have reservations myself; I wanted to clarify that. But saying that we should delay things until 2028 will be seen, understandably, as quite simply putting off the task, and that does not work at all.

--- Later in debate ---

[Baroness Brinton (LD)]

My Lords—

[Baroness Fox of Buckley (Non-Afl)]

I have got more questions flying at me today.

[Baroness Brinton (LD)]

I am very grateful to the noble Baroness, Lady Meacher, for giving way for my question to the noble Baroness, Lady Fox. If the noble Baroness, Lady Fox, is not concerned about Clause 10, does that mean that she disagrees with the very clear comments from the Delegated Powers Committee? It sees it as a power grab and thinks it is a completely inappropriate use of secondary legislation.

[Baroness Fox of Buckley (Non-Afl)]

I am concerned about aspects of this Bill from a delegated powers point of view, as I have been on a range of Bills that we have had in this House. Maybe it is because, as in the previous intervention, it was made clear to me that there is a disagreement about what democracy is. I do not think that while we were in the European Union that was a democratic, accountable form of lawmaking. I did not make that point. That point has just been made back to me. I am saying that although I understand that the arguments put forward say that they are not replaying a lot of discussions from the past, I think that argument has been implicit in a lot of the discussions. That was certainly what I heard at Second Reading and I have picked it up.

I am also making the point that if there was a genuine enthusiasm from this House about how we can take the opportunity of having left the European Union to now study and look at all of those laws, there might be less cynicism outside this House. That was my point.

I also was making a different point about timing. I have not heard from this House, either while I have been in it or before I got in it and was watching it from the outside, an enthusiasm to rush things through, as soon as we voted in 2016, to say, “Let’s take all the laws. Let’s look at the EU retained laws. Let’s now make a decision about what we do with these laws.” People did not want to do that because they did not accept the decision. Now, people are saying that it is too rushed and that there is a danger that this will come over—as it is doing—as an attempt at blocking taking back control.

As to the delegated powers and the power grab, I am afraid that that is something I have broadly been worried about from this Government, not just with this Bill. I have spoken on it many a time.

Schools Bill [HL]

Debate between Baroness Brinton and Baroness Fox of Buckley

Committee stage
Wednesday 8th June 2022 Lords Chamber

[Baroness Brinton (LD)]

I am very grateful to noble Lords for their very helpful interventions in this short debate. Rather than go through and respond to each of the contributions made, I want to pick up on what the Minister said earlier: that it is not necessary to put these things—particularly my interest, mental health—into the standard. The problem is that without a framework you are entirely reliant on what happens in regulations or statutory guidance. The noble Lord, Lord Nash, may well remember that during the passage of the Children and Families Bill we negotiated for some considerable time over the statutory guidance for children with medical conditions. Many schools said to me afterwards that they were very grateful for that, but, even more, parents of children with long-term medical conditions and the charities that supported them were delighted that for the first time the law said that a head teacher could not gainsay a medical professional. Unfortunately, three years ago the Government rewrote that statutory guidance and all the points have now become advice for a head teacher to consider. The power that is still in the Act—there is a section that says “must follow the health guidance”—has now gone in the statutory guidance, and Parliament was completely unaware of it. I warn the Minister that I will be tabling an amendment because it also affects the out-of-school attendance register and various other issues that we will come to later on.

We are back to the big strategic debate about what the Bill is about. To say that we do not need to worry and that it is not necessary to put it in because we will fill that in later places us in exactly the same debate as in the health Bill. On the SEND stuff, we should be waiting until the SEND consultation is back and the Government decide what they want to do because we should not have a new education system left blank for filling in on things as important as SEND and mental health.

On mental health, I take issue with the noble Baroness, Lady Fox. It is not just an issue about Covid. The stats I cited were all from before Covid. That is why various Governments over the past decade said that something needed to be done, including providing support for teachers in the way that the noble Baroness, Lady Blower, outlined, because what schools need to do—teachers do it brilliantly—is to build resilience, but they now also start to recognise when there are problems, and then the pyramid works to get the few children who need it into specialist support.

[Baroness Fox of Buckley (Non-Afl)]

By way of clarification, I certainly do not think it is a consequence of Covid or lockdown. I was making the point that I assume that they have added to it, but I have been writing about the pathologisation of childhood for decades, since I was a teacher. My concern is about a broader trend toward pathologising childhood and young people’s experiences.

[Baroness Brinton (LD)]

I am very grateful to the noble Baroness for that explanation. One of the reasons we need this is to ensure that front-line professionals are able to recognise, understand and support rather than just pathologise, and I think teachers do that excellently, but they need the right framework.

I am also grateful the noble Baroness, Lady Bennett, for her amendment and to the noble Lord, Lord Addington, for his amendment on SEND.

My concerns remain. I hope that I can discuss matters with the Minister between Committee and Report. I beg leave to withdraw the amendment.

Amendment 8 withdrawn.