Victims and Prisoners Bill

Debate between Baroness Brinton and Baroness McIntosh of Hudnall

Committee stage
Wednesday 31st January 2024 Lords Chamber

[Baroness Brinton (LD)]

I am very grateful to my noble friend, and I beg leave to withdraw my amendment.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

I am going to give the Minister an opportunity to respond, if he wishes.

NHS Long-term Workforce Plan

Debate between Baroness Brinton and Baroness McIntosh of Hudnall

Tuesday 4th July 2023 Lords Chamber

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

My Lords, the noble Baroness, Lady Brinton, is contributing remotely.

[Baroness Brinton (LD) [V]]

My Lords, while this NHS plan is welcome, can the Minister say whether this Government will undertake to commit to the plan and, crucially, to its funding and not change the number of education and training places, as happened last year and in too many previous years, causing chaos in planning for doctors, nurses and allied healthcare professionals? On hospital training places for junior doctors after they have finished their medical school courses, last year 790 medical graduates could not begin their junior doctor in-hospital training because the NHS did not have enough placements. Given that university medical school places are already capped and highly competitive, this is a complete waste of newly qualified medical graduates.

Procurement Bill [HL]

Debate between Baroness Brinton and Baroness McIntosh of Hudnall

Committee stage
Wednesday 6th July 2022 Grand Committee

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I understand that the noble Baroness, Lady Brinton—who is contributing remotely to the debates this afternoon—was expecting to speak on this group, but unfortunately, that message did not reach the clerks or the chair. I believe that the noble Baroness is ready to speak now, so with the permission of the Committee, I invite her to speak.

[Baroness Brinton (LD) [V]]

My Lords, I declare my interests as a vice-president of the LGA and as a disabled person. I am speaking to Amendment 141, which would ensure that contracting authorities must follow accessibility principles as defined under the UN Convention on the Rights of Persons with Disabilities, or UNCRPD.

The Public Contract Regulations 2015 set out the rules for technical specifications in Regulation 42, saying that it must include “accessibility for disabled persons” as core to characteristics including quality, environmental and climate change performance levels, whole-life design, performance and safety—indeed, many of the things that this Bill is covering.

So, in theory, Amendment 141 should not be necessary. However, Regulation 42(9), on the technical specifications, says that:

“Where mandatory accessibility requirements are adopted by a legal act of the EU, technical specifications shall, as far as accessibility criteria for disabled persons or design for all users are concerned, be defined by reference thereto.”


There are three other sets of regulations—the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016 and the Defence and Security Public Contracts Regulations 2011—which all also confirm the conformity with the EU procurement directive. I spoke at Second Reading about that directive.

The very helpful briefing from the RNIB sets out the technical concerns about how we need to ensure that accessibility rules are embedded in legislation following Brexit. This amendment is needed because we must have clear rules for accessibility criteria for people with disabilities and the principles of universal design, as defined under the UN CRPD.

This Government repeatedly say that they were proud to get Brexit done. They also say, proudly on their website, that they want

“disabled people to fulfil their potential and play a full role in society.”

In 2017, however, the UN published its Concluding Observations on the Initial Report of the United Kingdom of Great Britain and Northern Ireland, which was less than complimentary about the UK Government’s progress in abiding by the CRPD. In paragraphs 6(a), 6(d) and 6(e), the UN refers to:

“The insufficient incorporation and uneven implementation of the Convention across all policy areas and levels within all regions, devolved governments and territories under its jurisdiction and/or control … The existing laws, regulations and practices that discriminate against persons with disabilities … The lack of information on policies, programmes and measures that will be put in place by the State party to protect persons with disabilities from being negatively affected when article 50 of the Treaty on European Union is triggered.”


It goes on to say in paragraph 7(c) that the UK should

“Adopt legally binding instruments to implement the concept of disability, in line with article 1 of the Convention, and ensure that new and existing legislation incorporates the human rights model of disability across all policy areas and all levels and regions of all devolved governments and jurisdictions and/or territories under its control”.


There are 78 paragraphs in this UN report setting out what we must still do to comply with the UN CRPD; the Government are due to report back by 8 July 2023. In other parliamentary debates, Questions, Statements and legislation, Parliament is being told time and again by this Government that they want to meet those requirements because complying with the UN CRPD is an absolute priority.

I give two extremely brief illustrations of the failings, which are obvious to me as a disabled person but may not be to others. They would be resolved with a clear and legally binding requirement for accessibility criteria. The first is a bus driver on a publicly funded route, contracted by a council, who refuses to accept a wheelchair user because that driver still has the power to ignore the law and does not want to ask people to move out of the wheelchair space. The second is that a large number of DWP offices and those of their subcontractors —which are used for the assessment of individuals for their access to benefits, whether specifically disability benefits, universal credit or any other benefit—often have steps or stairs and no lift. There continue to be regular reports in the press of disabled people being marked as “no shows” at interviews when they could not access the building, which then results in them being penalised and not receiving the benefits. That is shameful. It also presumes that there would be no staff with disabilities who need to access the buildings, which is just unacceptable.

That is why we need Amendment 141. I look forward to the Minister’s explanation of how this Bill will meet the UN CRPD in relation to all matters on public procurement.

Schools Bill [HL]

Debate between Baroness Brinton and Baroness McIntosh of Hudnall

Committee stage
Wednesday 22nd June 2022 Lords Chamber

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

I remind the Committee that the noble Baroness, Lady Brinton, is taking part remotely. I call the noble Baroness.

[Baroness Brinton (LD) [V]]

My Lords, the comprehensive introduction by the noble Lord, Lord Lucas, to the wide-ranging amendments in this group has once again set the tone for many of us with concerns about this part of the Bill as originally drafted. I think that everyone, including the Minister, has said that they want to see the relationship between home-educating parents and their local authority start from a position of trust and support, while ensuring that there is a system that protects children too.

I am pleased that at the end of his speech the noble Lord mentioned that there should be some money for local authorities to help support home educators. That was one of the points I mentioned about the northern California home educators I saw at Sierra College, just outside Sacramento. That was exactly what had happened. The school board here understood that it could help parents without changing parents’ way of educating their children. As a result of that trust, the entire tone changed between the home educators and the school board.

I have signed the right reverend Prelate the Bishop of St Albans’s Amendments 115, 117 and 119, which extend from 15 to 30 days the period in which parents must register their child and provide the information. Other amendments in this group do the same. The amendment from the noble Lord, Lord Lucas, talks about “school days”, not just “days”, and that is very helpful and supportive as well. Amendment 129 from the noble Lord, Lord Hunt, will ensure that children or teachers get the support for any special educational need or disability that they would have already got.

In previous groups I have talked about the problem that many parents have had of not getting the support they need for their child, even though they may be entitled to it. If they have had some support, it has not been enough to provide the specific support that the child needs, whether for special educational needs, disability or a mental or physical health problem. I have given examples of that before. As a result, some parents have been forced to withdraw their children from school, often because they felt that their child was literally not safe—perhaps a medical procedure requires a school nurse to do it but there is no longer a school nurse available. Sometimes parents have been threatened with off-rolling by the school. Sometimes the promised special educational needs support has not happened.

In the last group the noble Lord, Lord Soley, gave a further good example of children being withdrawn from school because of their challenging behaviour. It is important to recognise that children with this challenging behaviour should also get support. If they end up out of school with their parents trying to cope, that is a very big burden for parents. The behaviour of parents, when accused by the local authority of not doing things, often causes friction. Local authorities should always come from the approach that the noble Lord, Lord Storey, outlined: that of teachers always wanting to help, understand and get to the root of the problem and provide the support that will change the child’s behaviour.

I believe the amendment from the noble Lord, Lord Hunt, is vital. A child with SEN, a disability or a health problem who is out of school should have the support that they would have got in school. They need it wherever they receive their education. His amendment needs to succeed.

--- Later in debate ---

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I remind the Committee that the noble Baroness, Lady Brinton, is taking part remotely. I call the noble Baroness.

[Baroness Brinton (LD) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Kennedy of Cradley, whose introduction to this clause stand part debate was helpful, especially with the examples she provided. I also agree with her about ensuring that no data for victims of domestic abuse should be published or passed on. When doing my work on stalking law reform, I met a woman who was such a victim. She and her son had had to repeatedly move after her violent and stalker husband had found her. After the third move a big red flag was put on her file, but the social worker at the local authority decided to give her ex-husband her address because she felt that he should have access to his son. Unfortunately, he attacked both her and him. We cannot always guarantee the behaviour of people, but in this case we know that victims of domestic abuse are targets for their ex-partners.

The Minister has heard from noble Lords across the Committee over the last two days of debate concerns about this part of the Bill, particularly Clause 48, with questions about the language. My noble friend Lord Shipley raised concerns about the word “expediency”, but plenty of other concerns were raised too. For example, how exactly will data be held and used?

There are concerns too about the tone of the legislation, which is designed on the basis of home educators being a problem, as we have heard from many people speaking today. I know the Minister does not agree with that and is urging us to be careful with our language, but we are hearing from parents that the tone of the Bill is what worries them.

Once again, many parents have said that, unfortunately, their relationship with the local authority has been the root of their problems, which has meant that the child had to be withdrawn from school. Far too many local authorities have taken the view of having a hostile and difficult relationship. It has been helpful to listen to the debate and hear the supportive way in which many amendments, often led by the noble Lord, Lord Lucas, have tried to change that tone. It would be good to see that in revisions from the Minister at a later stage.

Concerns about the principles that underpin this clause also worry many. So I completely agree, first, with the noble Baroness, Lady Kennedy of Cradley, that we should ask the Minister to respond to the clause standing part, but also with my noble friend Lord Shipley’s earlier comment that, with Report stage starting in under two weeks, it is completely wrong to proceed with this part of the Bill while there are so many unsolved problems: those of principle, language and attitude. Frankly, this means that there must be a delay to starting Report while the Government think again—at least until the autumn.

Schools Bill [HL]

Debate between Baroness Brinton and Baroness McIntosh of Hudnall

Committee stage & Lords Hansard - Part 1
Monday 20th June 2022 Lords Chamber

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

The noble Baroness, Lady Brinton, is contributing remotely.

[Baroness Brinton (LD) [V]]

My Lords, the noble Lord, Lord Lucas, is right that we need to know about all children, whether in school or not. In this part of the Bill, the problem is the focus on a one-size-fits-all approach that is all about truants or bad children, when we have already heard about the complexity of the difficulties that many of these children are facing—often, but not only, SEND.

The noble Lord, Lord Lucas, talked about a unique pupil number. We had the same debate during the passage of the Health and Care Act about a unique child identifying number, and an amendment was passed. As a result of that, there are certainly discussions going on with the DfE to have a unique children’s number because often, for the most vulnerable children, the information is not shared between different departments—health and education are the two obvious ones, but there are others as well. It will be interesting to hear the Minister’s response.

This group moves us on to some of the detail about how the register of children who are not in school will work, and I share many of the concerns that have already been expressed about whether this part of the Bill is ready to be enacted and whether it will actually ever really work in practice.

My Amendment 129AA picks up on the last group of amendments, where I outlined the long list of children currently being let down by schools and local authorities, many of whom are not in school for their own health reasons. I will not repeat that detail. My amendment in this group seeks to ensure not just that the local authority must have regard to the parent’s request but that it takes account of

“the advice of an independent expert familiar with the particular circumstances of the child.”

Health and Care Bill

Debate between Baroness Brinton and Baroness McIntosh of Hudnall

Lords Hansard - Part 2 & Report stage
Thursday 3rd March 2022 Lords Chamber

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

The noble Baroness, Lady Brinton, is contributing remotely.

[Baroness Brinton (LD) [V]]

My Lords, I start by commending Amendment 100 tabled by the noble Lord, Lord Warner, and I look forward to hearing him speak on it. It is an excellent idea to ask people how much choice they have actually had when offered treatment. I also thank the noble Lord, Lord Lansley, for explaining his two amendments, and I would like to say to him that he is not sad for carrying out his role in your Lordships’ House with interest and care. His expertise in matters that may leave others cold should be celebrated. The amendments of the noble Lord, Lord Hendy, ask that trade unions should be part of consultations on private providers, and that seems sensible.

I wish to focus, albeit briefly, on Amendment 106A, which proposes that Clause 70 be left out, and which will be spoken to later by the noble Baroness, Lady Thornton; I apologise to her that under the remote rules I have to speak first. I will confine my remarks to the views of the Delegated Powers and Regulatory Reform Committee’s 15th report, in which paragraphs 17 and 18 make plain its views about these proposed procurement arrangements and regulations. The first point that it notes is that the memorandum, at paragraph 481, says that

“full analysis has not been completed and there has not been time to produce a more developed proposal.”

Why on earth do the Government wish to bring into force legislation that they admit they have not had time to analyse, let alone produce a more developed proposal for? We from our Benches, along with other noble Lords, have repeatedly said that the Cabinet Office procurement Bill is likely to overtake the needs for NHS-specific procurement regulations.

Paragraph 17 of the DPRRC Report gets straight to the heart of the issue and provides a response to the amendments that the noble Lord, Lord Kamall, has tabled, starting with Amendment 101 in this group. It says:

“We do not accept that the inclusion of regulation-making powers should be a cover for inadequately developed policy.”


It is therefore more than a little surprising to see a slew of government amendments on this issue that, in the group under discussion, strengthen the powers under regulation.

Paragraph 18 of the Delegated Powers Committee report states that:

“Ministers would not ordinarily propose clauses in one Bill possibly requiring imminent amendment in a subsequent Bill without expecting to face questions. The House may wish to seek further and better particulars from the Minister concerning the possible effect of any Cabinet Office procurement Bill on the Health and Care Bill, and … to press the Minister on why it was necessary to include provision, based on inadequately developed policy, in the Health and Care Bill when the Government intend to introduce a procurement Bill.”


Not only have we tried this at an earlier stage, but there have been meetings between Committee and Report, and it appears that the Government are determined to press on. I know that the noble Baroness, Lady Thornton, has concerns about the Government’s intentions on the clause and its amendment; if she chooses to call a Division on stand part, we from these Benches will support her.

Health and Care Bill

Debate between Baroness Brinton and Baroness McIntosh of Hudnall

Lords Hansard - Part 2 & Committee stage
Wednesday 26th January 2022 Lords Chamber

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

I remind the Committee that both the noble Baronesses, Lady Brinton and Lady Masham, will be contributing remotely. I call the noble Baroness, Lady Brinton.

[Baroness Brinton (LD) [V]]

My Lords, I have signed two amendments in this very wide-ranging group. The first, in the name of the noble Lord, Lord Hunt, is Amendment 264 on the appointment of surgical consultants. As the noble Baroness, Lady Finlay of Llandaff, said in your Lordships’ House recently, 48% of advertised consultant posts last year went unfilled. Given our discussions about the workforce earlier this week, we need as many posts filled as possible and to remove any bureaucratic barriers to so doing.

Part of the problem at the moment is that trusts are having difficulties establishing appointment panels which can make these consultant appointments. Currently, the rules are too tightly drawn in the National Health Service (Appointment of Consultants) Regulations 1996 and the subsequent 2005 guidance. The members of all the royal colleges across the UK have a wealth of expertise, but the current legislation says that only members of English royal colleges can help trusts fill their appointment duties. In its helpful briefing, the Royal College of Surgeons says that the Royal College of Emergency Medicine, the Royal College of Physicians and Surgeons of Glasgow and the Royal College of Physicians of Edinburgh are excluded from being eligible to join these panels. This amendment would be a simple remedy and speed up the appointment of much-needed consultants, and I do hope that the Minister can agree to it.

I have also signed Amendment 266 in the name of the noble Baroness, Lady Merron, on the urgent need to ensure that practitioners undertaking non-surgical aesthetic procedures such as lip fillers, injectables, thread lifts, semi-permanent make-up, laser treatments, piercings and tattoos are properly trained and licensed. These treatments are easily available to members of the public, but without the safeguards required when being carried out in the health sector. I am afraid that we see daily in the press and media reports on the many problems when treatments go wrong, which can include infection, disfiguration and burns, among other serious issues. When treatments do go wrong, it is usually the NHS that has to pick up the pieces, so I believe it is very much in the interests of the Department of Health and Social Care to accept this amendment.

The signatories to this amendment have been working with the Chartered Institute of Environmental Health, alongside a coalition of public health organisations and industry representatives, so that we can make sure that a licensing scheme can be introduced for all non-surgical aesthetic procedures. This will enable the setting of appropriate standards, a level playing field for practitioners and, importantly, protect consumers in this sector.

Armed Forces Bill

Debate between Baroness Brinton and Baroness McIntosh of Hudnall

Committee stage
Wednesday 27th October 2021 Grand Committee

[Baroness Brinton (LD) [V]]

I seem to have lost the sound.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, it might help if everybody knew that the noble Baroness, Lady Brinton, who is intending to participate remotely in the next group, has just arrived. There is possibly a little technical adjustment to be made so that she does not find herself inadvertently speaking in the wrong debate.

Covid-19 Update

Debate between Baroness Brinton and Baroness McIntosh of Hudnall

Thursday 9th September 2021 Lords Chamber

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

My Lords, the noble Baroness, Lady Brinton, is taking part remotely. I invite the noble Baroness now to speak.

[Baroness Brinton (LD) [V]]

My Lords, yesterday 38,486 new daily cases were reported. That is equal to daily cases in mid-January and there are now just under 8,000 people in hospital, with 1,000 on ventilators—and yesterday 191 deaths were also reported, equal to the daily numbers at the beginning of March. The consequence of removing all mitigations and life returning to the new normal means Covid is still very much with us, especially the delta variant. Members of SAGE appear, according to the press, to be advising that preparations for an October lockdown should now be made.

It appears that Ministers are reliant on vaccination as the main mitigation, until the NHS is overwhelmed again. But we are already hearing of hospitals having to dedicate more wards just to Covid, with the complexities of double staffing for hot and not-hot wards. These numbers also make it much harder for the NHS to catch up on the long waiting lists, which have been talked about a great deal during the week, with the health and social care announcements.

The Statement talks about test and trace being another pillar. That is right, but the advice to the public is complex and there is evidence that many are not taking tests even when they have symptoms or have been in touch with a positive case. For example, you have to hunt quite hard online if you have had a negative PCR test but still have some residual symptoms to find out whether you should release yourself from self-isolation. Are there plans to make it clearer exactly what people should do, because we all know that sometimes the first PCR test is a little early and a second one is necessary?

Are the news reports true that there is about to be an announcement that anybody double vaccinated will not need to take a PCR test if they come into contact with a Covid-positive person? The delta variant can and is being caught by double-vaccinated people, and—importantly—they can transmit it too. That can have difficult consequences for those not vaccinated, or those who are clinically extremely vulnerable. The noble Baroness, Lady Thornton, referred to the mu variant. If it is true that the Pfizer vaccination is ineffective in holding it back, that is serious and we may need to think about mitigations again sooner rather than later.

The Statement explains the partial changes on policy for vaccinating 12 to 15 year- olds with underlying conditions. It is good to see that those with blood cancers, sickle cell, type 1 diabetes, congenital heart disease and poorly controlled asthma are now added to the list. Actually, it is vital, given Gavin Williamson’s removal of all mitigations in schools. But other children are omitted from this list, who may be on immuno-suppressants or immunocompromised, and who are now expected back in school. The Statement refers to

“no more home schooling, no more bubbles, teachers vaccinated, and all 16 and 17 year-olds offered a first dose”.

But the removal of bubbles and facemasks, and the Government’s shameful lack of movement on providing proper ventilation interventions in classrooms, means that Covid can and will spread, and not just among the children—they may well take it home. While most children will not have a problem, some—those with underlying conditions—will.

Can the Minister explain why all children with serious underlying conditions have been removed from the clinically extremely vulnerable list of shielders? Parents are already getting threatening letters from schools, yet their questions about why their at-risk child has been taken off the list have not yet been properly answered. The evidence in America is that these children are occupying more paediatric hospital beds and more intensive care beds.

Turning to clinically extremely vulnerable adults, it is good that the 500,000 severely clinically extremely vulnerable are to get a third dose as soon as possible. But delaying the decision on a booster jab for the remaining clinically extremely vulnerable, who number just over 3 million, is worrying. Guidance online for them is still 10 pages long, muddled in with advice to the general population, but the key parts are still not to go into any environment with people who are not yet double jabbed or might breach social distancing, and if they come inside your home they should have had a lateral flow test first. As I have said, that amounts to a stay-at-home order but without the support that government provided before. When will the booster decision be made for this particular group of people?

Care home providers are warning that they are already losing staff ahead of the 11 November deadline for all staff to be double vaccinated. This is in addition to the staff shortages that they are already trying to manage, which include the perfect storm of losing staff through Brexit and increased pay in retail and agriculture. Losing more staff who are unvaccinated will be catastrophic. They have asked for a delay to the start of the scheme, particularly now that a new consultation has started for NHS staff on a scheme which would start at a later date. What plans are there to delay this implementation date?

Finally, the Minister for Vaccines came a real cropper in the House of Commons yesterday when trying to justify Covid vaccine passports, when he was on record in the past as not supporting them. Can the noble Lord update the House on the Government’s plans regarding vaccine passports in light of yesterday’s debate, which demonstrated that the relevant Minister could not even explain his own policy credibly?