Schools Bill [HL]

Debate between Baroness Brinton and Baroness Morris of Bolton

Report stage & Lords Hansard - Part 2
Tuesday 12th July 2022 Lords Chamber

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

The noble Baroness, Lady Brinton, is taking part remotely, and I invite her to speak.

[Baroness Brinton (LD) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Hunt. I completely agree with his Amendment 62 on the high needs budget for children with special educational needs. I have signed Amendment 63 in the name of my noble friend Lord Storey, on financial assistance for purposes related to mental health provision in schools, and have laid Amendment 107 in this group on pupils with medical conditions.

I start by thanking the Minister for the various meetings she has held with noble Lords. The fact that this Bill is so heavily contested has required considerable discussion, and I suspect that the stamina of the Minister and her officials has been somewhat tested by a lot of very quick turnaround meetings. The Government have made some concessions, which has also been very helpful.

On Amendment 63, I hope the Minister has something positive to say. In Committee it really was noticeable that almost all parts of your Lordships’ House, Ministers included, agreed that ensuring appropriate mental health support was available for children in schools was vital, especially after the surveys showing that their general mental health condition has worsened as a result of the pandemic. The problem is that mental health support will not appear from any magic money tree, so we argue in this amendment that there must be a duty for the funding of said mental health provision. I look forward to hearing my noble friend Lord Storey’s slightly longer exposition of this amendment.

I turn now to Amendment 107 in my name and signed by my noble friend Lord Addington. It is important to explain why, under Section 100(1) of the Children and Families Act 2014—on the duty to support pupils with medical conditions—we need a duty that

“the appropriate authority for a school must follow the medical advice provided by an individual pupil’s doctor”.

When I raised this in Committee, the Minister replied:

“The department’s statutory guidance on supporting pupils with medical conditions at school is clear that school staff, healthcare professionals and parents should work together to agree the support that a child needs in school to effectively manage their condition and take the best approach. That includes fully considering the advice of healthcare professionals, including doctors.”


She went on:

“We believe the position in the guidance is quite clear that the needs of these children must be met, and it would be useful to talk through some of the specifics where the noble Baroness thinks that might not be happening.”—[Official Report, 20/6/22; col. 64.]


I thank the Minister and her officials for the meeting yesterday morning. We did indeed spend some time debating the different publications of statutory guidance for pupils with medical conditions over the last eight years. I was hoping for a reply from the department following my forwarding of my original version to it, but unfortunately that has not happened.

Criminal Justice and Courts Bill

Debate between Baroness Brinton and Baroness Morris of Bolton

Monday 21st July 2014 Lords Chamber

[Baroness Morris of Bolton (Con)]

My Lords, my noble friend Lady Berridge set out strongly the case for Amendment 40 with which I am associated—namely that the appalling act of revenge pornography should be a serious sexual offence. I take on board what my noble friend Lord Marks and the noble Baroness, Lady Kennedy, said about the drafting. Neither of us would seek to be draftsmen, but we should make sure that we capture whatever needs to be captured in these amendments.

I was unable to speak at Second Reading but this is a matter that concerns me and rightly concerns many in your Lordships’ House. The issue is how we address that concern. The amendments brought forward by my noble friend Lord Marks would classify the online posting of revenge pornography as an ordinary criminal offence. This fails to recognise the sexual nature of the crime and the impact that it has on the victim, which is a clear violation of the victim’s dignity. Further, this failure to recognise the gravity of the sexual offence leads to an unduly lenient penalty, allowing for imprisonment for no more than 12 months. The courts must have adequate sentencing powers to reflect the severity of this act. For these reasons, I press strongly for this crime to be classified as a sexual offence.

Revenge is a horrible and destructive motive generally, driven as it is by anger, malice and cruel calculation. Perpetrators choose many ways to pursue their revenge, such as harassment, stalking, humiliation through social media by posting malevolent or hurtful comments or spreading rumours concerning work, family or finances in order to ruin reputations. But the greatest betrayal is to choose to use naked or sexually explicit images that should be a private and deeply personal matter between a couple and which were never intended to be seen by anybody else. In this way, the perpetrator commits an act of sexual abuse against the ex-partner, specifically designed to subject them to humiliation and degradation.

If we look at the criminal offence of sexual assault under Section 3 of the Sexual Offences Act 2003, we see that:

“A person (A) commits an offence if he intentionally touches another person (B) … the touching is sexual … B does not consent to the touching and … A does not reasonably believe that B consents”.

To my mind the posting of revenge pornography online is in essence a virtual form of sexual assault since the perpetrator is intentionally posting the naked or sexually explicit image without the subject’s consent, the posting of the image is sexual in nature, the subject does not consent to the posting and the perpetrator does not reasonably believe that the subject of the image consents.

Victims of revenge pornography face extraordinary difficulties, as we have heard, in trying to have their photographs taken down from websites set up specifically to display this type of material. Clearly criminalising this type of activity should give an incentive to internet service providers and search engines to take material down. As things stand, some victims have had to pay so-called fees of hundreds of dollars to host websites based in the United States just to have their photograph taken down from the site.

The law needs to set out clear boundaries about what is and what is not acceptable behaviour, including sexual behaviour. As technologies change, we need to ensure that we keep up with changes in behaviour. This is why we should take this opportunity to recognise revenge pornography as a sexual offence.

[Baroness Brinton (LD)]

My Lords, I added my name to Amendments 37, 38 and 39 and I shall not repeat the very good points made by my noble friends Lord Marks and Lady Grender. I shall start from the point at which my noble friend Lady Grender ended: namely, the activities among our teenagers and very young adults which may not always be fully sexually explicit, and certainly may not be intended to be pornographic. A large number of students both in schools and colleges are being asked by their boyfriends or sometimes—though it is unlikely—girlfriends to have photographs taken of them which I am afraid are being used against them. The noble Baronesses, Lady Berridge and Lady Morris, made valid points about the distinction between different types of photograph. It may be that that will be addressed in the discussion that I hope the Minister will have with those who have put forward both sets of amendments.

The principle in our amendments is clear: that the crime is the publication of those photographs or other electronic media, because it is that over which the person in the photograph feels they completely lack control. It is used as a form of abuse. Increasingly what is used as a key element in cases of stalking—indeed this morning there is a case in the paper for which a court date has just been set in December in Scotland—is the threat to publish not only publicly but also among family and friends. The key point of our amendment is that when it becomes a tool of abuse, that in itself should become a crime.

Because this is about making a law, there is, understandably, little focus on the victim. I will highlight the work that the NSPCC and ChildLine have been doing with young people. They have a very good app called Zipit that is intended to teach secondary school pupils how to respond if their boyfriend or girlfriend asks them for a photograph that is inappropriate, using silly photographs and silly text underneath that might say something like, “You’re having a laugh”. That is beginning to work. The work that PSHE staff are doing in schools to make young people understand the dangers of this are vital if we are not to end up with a generation of young people thinking that it is acceptable to play at this. When they get into stronger relationships where they may have a partner over some period of time it will be second nature; then, if they want to get their own back, we will end up in a position where these sexually explicit photographs start to be exported.

I am concerned that one thing that we have not looked at is the circulation of the image after initial publication. There has been some discussion online about trolling and about abuse of the victims by others. I hope that the Minister will be prepared to look at this. It may be difficult to pin down who has circulated the image but we have seen, in recent cases of trolling, that people who have recirculated offensive and defamatory literature can be taken to court for continued publication. That should also be true in this case.