Serious Crime Bill [HL]

Debate between Baroness Brinton and Lord Taylor of Holbeach

Tuesday 15th July 2014 Lords Chamber

[Lord Taylor of Holbeach]

My Lords, I thank my noble friend Lady Brinton for bringing this important matter before the Committee. We all recognise that every child should be protected from sexual and other forms of abuse and neglect, and this Government are absolutely committed to doing everything that we can to ensure that they have the full protection they deserve. In recent years—I scarcely need to say this to noble Lords—we have seen appalling cases of organised and persistent child sex abuse. This includes abuse by celebrities as well as the systematic abuse of vulnerable girls in Rochdale, Oxford and other towns and cities. Some of these cases have exposed failures by public bodies to take their duty of care seriously, and some have shown that the organisations responsible for protecting children from abuse, including the police, social services and schools, have failed to work together properly.

That is why, in April 2013, the coalition Government established the national group on sexual violence against children and vulnerable people, which is led by the Minister for Crime Prevention, my right honourable friend Norman Baker. This cross-government group was established to learn the lessons from some of the cases that I have mentioned and the resulting reviews and inquiries. As a result of its work, we now have better guidance for the police and prosecutors and better identification of children at risk of exploitation through the use of local multiagency safeguarding hubs.

I assure my noble friend Lady Brinton and other Members of the Committee that we are aware that there is more to be done. Significantly, as I informed the House on Monday last week, the Government are establishing an independent inquiry panel of experts in the law and child protection to consider whether public bodies and other non-state institutions have taken seriously their duty of care to protect children from sexual abuse. It will begin its work as soon as possible after the appointment of all the members of the panel. I hope to be able to report back to the House with details of those members and the terms of reference for the inquiry panel very soon.

Meanwhile, the work of the national group continues apace. As part of this work, the group has considered the issue of mandatory reporting and whether there is a need for some form of more targeted statutory reporting regime to deliver better protection for children and vulnerable adults. However, the picture here is, by definition, a very complex one. Some evidence suggests that, in the USA, Australia and Canada, mandatory reporting legislation has been accompanied by significant increases in the number of referrals of suspected child abuse and neglect made to the authorities, a large percentage of which in the end were not substantiated. As the noble Baroness, Lady Howarth of Breckland, pointed out, there is a risk that child protection services can be diverted from the task of increasing the safety of our most vulnerable children to evidence gathering and investigation of cases that are eventually unsubstantiated and which often lead to significant disruption of family life. Those words from the noble Baroness, Lady Howarth, are important to bear in mind.

Having said that, there is an emerging consensus that action must be taken to address the clear failures in public protection in the past. Indeed, noble Lords may have seen remarks just last week by Peter Wanless, chief executive of the NSPCC—an organisation which has the protection of children at its heart—which supported the introduction of a criminal offence making covering up and hiding child abuse within institutions illegal. Those and other views are an important contribution to the debate, and I would like to assure the Committee that this issue is being actively and carefully considered. The primary concern from all involved is the uncertainty about the number of reports that would result and, if there were large numbers, how those reports would be triaged to ensure that the most serious cases were identified. It is hugely important that, if we are to propose changes of this kind, we make absolutely sure that we get it right.

It is against this background that I now turn to the detail of Amendments 40BZD and 40BZE. Those would place a requirement on police, when investigating a child cruelty offence under Section 1 of the Children and Young Persons Act 1933, to inform the local safeguarding children and adults board of the investigation. Subsequently, the local authority would be placed under a duty to liaise with relevant officials, such as those at the child’s school, social services or the police. My noble friend seems to be addressing concerns that relevant children’s services are not sufficiently joined up in their response to child safeguarding. That concern has of course been borne out by several recent serious case reviews. I concur absolutely with the intention behind these amendments. As I have indicated, the Government are already committed to considering these issues. However, as I have also said, there is no easy solution. While we accept that this is a pressing issue, such consideration will necessarily take some time. In advocating a change in the law, Peter Wanless has acknowledged the need for further discussions as to the form of any new reporting duty and to whom it should apply.

It is right that the Government take the time to consider this important issue fully, in the light of all the evidence and having considered the views of the many experts and stakeholders, who rightly hold strong views. My noble friend Lady Neville-Rolfe and the noble Baroness, Lady Howarth of Breckland, pointed out that there are other factors that have to be borne in mind. The noble Earl, Lord Listowel, pointed out that the issue is far from simple and there are also funding questions to be considered. I say to noble Lords that their views will be very welcome in this context. I know that a number of Members of this House have already been involved in this important debate. I encourage others to be involved in providing us with views and information on which we can base a decision that achieves the objective of safeguarding children.

The Government recognise concerns about our current safeguarding system and understand the public’s anxiety about the reporting of child abuse. They are taking this issue very seriously and want to make sure that any action they take achieves the desired outcome of improving safeguarding for all our children and vulnerable adults. Given the complexities involved, it is right that we look carefully at this matter. The new independent inquiry panel is also relevant here. For these reasons, I cannot offer my noble friend an assurance that the Government will legislate in line with her specific proposals. I can, however, give an assurance that the Government take this issue very seriously and, should there be a need for further legislative change and action, we will bring forward measures to deliver this as soon as possible.

My noble friend highlighted the need for all involved in child protection to work together more effectively. I cannot agree more. All the evidence suggests that the best protection and results happen when agencies work together and when not just a single agency considers the protective needs of the child. That is why the Government have undertaken significant work to improve our understanding of the different multiagency models in place to support information sharing around safeguarding responses for vulnerable people.

I hope that my noble friend will be reassured by this. There is already guidance requiring social workers to convene a strategy discussion—the noble Baroness, Lady Howarth, will know all about this—with all relevant professionals who are known to the child and the family if they suspect a child may be suffering significant harm. Our guidance is also clear that support should be given to a child as soon as need is identified. Early help services can be delivered by teachers, youth workers and health workers to support children. It is important to bear in mind that that work can be invaluable in dealing with these matters promptly. In the light of what I have said about what the Government are doing and the invitation to noble Lords to be involved in that process, I ask my noble friend to withdraw her amendment.

[Baroness Brinton]

My Lords, I thank noble Lords who have spoken in this debate. I absolutely agree with the noble Baroness, Lady Howarth, that time pressure, particularly on social workers, is a key and fundamental problem. It is one of those adages that Governments always produce legislation for statutory work but often, certainly in the current climate, do not fund the support required to deliver that effectively. I am sure that training is vital. However, I am mindful of the NSPCC survey of social work professionals. If only 7% believe that timely action is being taken in cases of emotional abuse, partly because of training and partly because of identification, there is an issue. Guidance may well be available, but there are still concerns.

I am very grateful to the noble Earl, Lord Listowel, for raising the issue of child and adolescent mental health services. I hope that it may be possible for the Minister and those of us who are interested in this issue to meet Norman Lamb to talk about the pressure on child and adolescent mental health services, particularly for this group of children who may not automatically be referred to those services. We are told that in some areas there is an 18-month waiting list for a child to be referred. For a child who is being emotionally abused, that is far too long.

[Lord Taylor of Holbeach]

I will do my utmost to try to arrange for noble Lords who have spoken—and, indeed, others who may be interested in this subject—to meet Norman Lamb and, indeed, Norman Baker, who, as noble Lords know, also has responsibilities in this area.

[Baroness Brinton]

I am very grateful to my noble friend the Minister for saying that.

I thank my noble friend Lady Neville-Rolfe for her contribution, with which I agreed. I was a county councillor for some years and I have concerns about the Minister’s comment regarding the priorities of triage when big issues are involved. In Cambridgeshire, we had a case where a family had two adopted children and anyone would have thought they were absolutely the apple of their parents’ eye. They were doted on completely. If they had been triaged, people would have said there was no reason at all to look any further. Yet these children were being quite severely emotionally abused. They had to be removed from their family and placed with foster parents. The foster parents’ reports about their next year with the children, as they unscrambled what had gone on, shows we have to understand that sometimes triage, which can be obvious in an accident and emergency sense, may be much more complex when looking at issues of emotional needs.

Regardless of that, I am grateful to the Minister and look forward to hearing more about the report back on the members of the inquiry panel and its remit. I beg leave to withdraw my amendment.

Anti-social Behaviour, Crime and Policing Bill

Debate between Baroness Brinton and Lord Taylor of Holbeach

Wednesday 4th December 2013 Lords Chamber

[Lord Taylor of Holbeach]

My Lords, this proposed new clause provides an opportunity for me to update noble Lords on the work that has been done since the commencement of the new offences in the Protection of Freedoms Act 2012 on 25 November 2012 to tackle stalking.

We agreed that there was a gap in the law and, on that basis, introduced two new offences of stalking and stalking where there is a fear of violence, serious alarm or distress. These sit alongside the existing offences of harassment and putting people in fear of violence in the Protection from Harassment Act 1997. The stalking offences recognise that the fixated and obsessive nature of stalking differs from harassment.

Crown Prosecution Service figures show that in 2012-13 prosecutions were commenced for more than 8,000 harassment offences, and 91 prosecutions were in relation to the new stalking offences. One has to understand that these figures represent the number of prosecutions initiated within a relatively few months of these offences being introduced. I think that all noble Lords will agree that it takes time for prosecutions to progress through the criminal justice system. We will certainly be monitoring official data and we expect to see an increase in the number of prosecutions and convictions. Police and other professionals need to ensure that they are equipped to make the distinction between harassment and stalking in these complex cases. Official data from the Ministry of Justice on convictions and sentencing will be available in May 2014.

I reassure both my noble friend Lady Brinton and the noble Lord, Lord Rosser, that there is obviously a difference in the situation in which Scotland finds itself compared with England and Wales, in that the legislation in Scotland has had time to bed down longer than it has here. The overall position in Scotland is positive, which suggests that the legislation is useful and we can learn from its experience.

Legislation, of course, is not sufficient on its own. We acknowledge that there is still more to do and I am pleased to have the opportunity to outline the steps that we are taking to ensure that the legislation is used to maximum effect. We need to ensure that police and prosecutors have the training necessary to tackle this type of crime. All newly qualified police officers, uniformed officers and investigators and public protection officers are expected to complete the training developed by the College of Policing as part of their continuous professional development. Since October 2012, the stalking and harassment training package has been completed 44,844 times, which is a rather nice number for anyone who is interested in beautiful numbers.

In addition, the Crown Prosecution Service developed an e-learning module to further support prosecutors in prosecuting cyberstalking, non-cyber stalking and harassment. This new e-learning module was launched in November 2012 to coincide with the commencement of the new stalking offences and has been mandatory for all prosecutors since June. More than 1,000 Crown Prosecution Service lawyers have completed the training since it became mandatory.

The national policing lead for stalking and harassment and the Director of Public Prosecutions wrote jointly to all chief constables and chief Crown prosecutors as recently as last month, identifying areas where the police and the Crown Prosecution Service will work together to improve the response to stalking. They intend to address these issues in a joint national protocol between the police and the Crown Prosecution Service, which is expected to be published next spring.

My noble friend Lady Brinton asked why certain police forces have trained a low number of officers on stalking offences. There is differential between some police forces and others. Chief constables have responsibility for ensuring their officers are effectively trained. Priorities for forces are informed by the plans of their police and crime commissioner. That is why the Home Office is engaging with police and crime commissioners to raise their awareness of violence against women and girls issues, including stalking. The noble Baroness also asked about sentencing guidelines. The Sentencing Council plans to start work on the new public order guideline in 2014 and consideration will be given to including guidance on the new stalking offences as part of this work. I am grateful to my noble friend for mentioning that issue.

I share the desire of the noble Lord, Lord Rosser, and my noble friend to ensure the new legislation is effective. We will be happy to update the House on the progress of our work in this area in due course, and the Government of course expect to be held to account through the usual parliamentary channels. I am not inviting Parliamentary Questions but I am sure that they will follow if I do not keep the House properly informed. However, I am not convinced that these provisions should be singled out in a particular way by imposing a duty to review the progress and implementation of the provisions used by the police. As noble Lords will know, all legislation is reviewed on a regular basis in any event. On the basis of my response to this debate, I hope that the noble Lord will withdraw his amendment.

[Baroness Brinton]

I thank the Minister for that comprehensive answer on training, but one area that was not covered was the judiciary and magistrates. Perhaps the Minister could write to me with that information at a later date.

Human Trafficking

Debate between Baroness Brinton and Lord Taylor of Holbeach

Thursday 25th April 2013 Lords Chamber

[Lord Taylor of Holbeach]

I do not see any conflict between our policy objective of re-evaluating our relationship on a number of European matters with our strategy for human trafficking which, by definition, involves co-operation with other countries, responding to other countries’ requests and making sure that other countries work with us to tackle this problem at source. We have representatives in vulnerable countries making sure that we are well aware of the scale of these operations overseas and are doing our best to stop at source the crime of young people being picked up to be brought to this country, as we know too well they are.

[Baroness Brinton]

My Lords, the 54 pages of advice that the UK Border Agency provides to its staff on identifying and working with suspected victims of trafficking are admirable, but how many front-line staff have been trained face to face in the identification of potential victims?

[Lord Taylor of Holbeach]

The Government have already recognised through the 2012 interdepartmental ministerial group the need to strengthen awareness training for front-line professionals. Police, immigration personnel and prosecutors across the UK have access to e-learning packages on human trafficking. In addition, the Government recently provided funding to three organisations to develop and deliver training to professionals working in a range of environments, including social care, youth offending teams and local authority housing.

Crime: Stalking

Debate between Baroness Brinton and Lord Taylor of Holbeach

Tuesday 12th March 2013 Lords Chamber

[Baroness Brinton]

My Lords, does the Minister agree that there is a serious concern about those stalkers who have continually breached restraining orders—that is, no-contact orders—but have time and time again not received custodial sentences? Many have breached restraining orders on many occasions, but the police and courts have not taken this into account in the suffering of the victims who continue to be stalked between these court appearances. Will the Government ensure that the law changes so that there is an assumption that when restraining orders are repeatedly violated, the sentencing should start with custody?

[Lord Taylor of Holbeach]

I do not want to move on to the question of sentencing policy, but I want to emphasise that the Government take the offence of stalking seriously; so does my noble friend, who I know is a member of the Justice Unions’ Parliamentary Group, which published a very helpful report on the subject. I note what she said, but I ask her to remember that the Home Office is in continual dialogue with the Crown Prosecution Service on the way these new offences are being implemented.

Immigration: Home Office Meetings

Debate between Baroness Brinton and Lord Taylor of Holbeach

Monday 3rd December 2012 Lords Chamber

[Lord Taylor of Holbeach]

The noble Lord is perfectly right. The university sector is very important, as is the contribution made by international students to this country and the economy. I reiterate to noble Lords that there is no limit to the number of students who can come to the UK. Put simply, if they can speak basic English and have sufficient funds and the necessary qualifications, they can come.

[Baroness Brinton]

Does the Minister agree that it is extremely unfair to class the international students at London Metropolitan University as bogus simply because of the mistakes made by the university? The vast majority of errors were found to be in the registering of students and in the systems to monitor them. It is appalling that we should even contemplate saying that the majority of international students there are bogus. Does the Minister agree?

[Lord Taylor of Holbeach]

I do not think that I used that word. In fact, I agree with the noble Lord, Lord Hannay. The Government made funds available to ensure that students could continue their studies because we understand that the problem lay with the university, not with the students there.