EU Settlement Scheme

Baroness Bull Excerpts

Thursday 24th October 2024 Lords Chamber

[Baroness Bull (CB)]

My Lords, following on from the original Question, many people encounter problems with their digital status when trying to travel home to the UK in different time zones. There is a staffed helpline, but it operates only during working hours, so people are likely to get an AI-generated webchat response, which is not always helpful. Will the Government commit to providing a people-staffed helpline 24/7 to help people who are trying to return from different time zones?

[Lord Hanson of Flint (Lab)]

The noble Baroness makes an important point. I cannot commit to that today, but it will form part of a review as to how we look at digitisation and ensure that the people who have the right to have settled status can exercise that right and understand it, have the appropriate paperwork and meet their obligations as well as ours. I fully sympathise with the noble Baroness on chatbots, which I find quite annoying.

Knife Crime: Violence Reduction Units

Baroness Bull Excerpts

Tuesday 20th February 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

As I have already outlined, we have already committed over £110 million since 2019 across the country. Of course, we want to see VRUs continue to operate beyond the end of 2025; by that time, though, they will have received investment for six years. We would encourage VRUs to become financially sustainable organisations. We will of course support them to obtain matched funding and partnership buy-in, but future funding beyond 2025 will depend on the needs of the VRUs and the outcome of future spending reviews.

[Baroness Bull (CB)]

My Lords, how many of the VRUs include domestic and gender-based violence within their definition of serious violence? Does the Minister agree that artificially separating public violence —street violence—from private violence in the home ignores the links between the two, not least the impact on young people’s future behaviour through what they might learn is normal?

[Lord Sharpe of Epsom (Con)]

Again, the noble Baroness raises a good point. I think it is important to collect the statistics as accurately and in as granular a way as possible. So I would perhaps mildly dispute the second part of the question. However, we need to look at the way violence occurs in the round—so the noble Baroness raises a very good point.

Creative and Cultural Industries: Impact of Visa and Immigration Policies

Baroness Bull Excerpts

Tuesday 25th July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

DCMS recently published its Creative Industries Sector Vision, which was published in June and has been developed in partnership between the Government and industry. It is a vision for creative industries to become an even greater growth engine, where creative talent from all backgrounds and creative businesses from all areas of the United Kingdom can thrive.

[Baroness Bull (CB)]

My Lords, there have been recent welcome discussions between the UK and some European countries about a bilateral reciprocal youth mobility visa to address the needs of specific sectors. This would not be the complete answer, but it would help those people most impacted by the current situation, which is young and emerging still-to-be-established talent. Will the Minister ensure that, if such a youth mobility scheme is introduced, it includes roles and paid work in the cultural and creative sector?

[Lord Murray of Blidworth (Con)]

I agree with virtually everything the noble Baroness said. I reassure her that we remain committed to expanding our YMSs—youth mobility schemes—to more nations, including, but not limited to, those within the EU. Those youth mobility schemes provide cultural exchange programmes, to allow a person aged between 18 and 30 from participating countries and territories to experience life in the United Kingdom for up to two years. As the noble Baroness says, it is subject to bilateral reciprocal agreements which benefit British citizens equally.

Economic Crime and Corporate Transparency Bill

Baroness Bull Excerpts

Report stage
Tuesday 27th June 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I put on record my thanks to my noble friend Lord Johnson of Lainston, who took the Bill through its first day of Report last week, and my noble and learned friend Lord Bellamy for his work in the run-up to today’s debate. I extend my thanks to noble Lords for the constructive debate we have had so far on the Bill, both in Committee and in separate meetings. This collaboration has resulted in comprehensive and much-needed legislation—

[The Deputy Speaker (Baroness Bull) (CB)]

Would the Minister like to move that we move on to this item of business before he moves his first amendment?

[Lord Sharpe of Epsom (Con)]

I beg to move.

Nitrous Oxide

Baroness Bull Excerpts

Wednesday 15th March 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The noble Lord is right that the availability of larger tanks—I thank him for his example of one—is believed to have led to an increase in the amount and frequency of nitrous oxide use. In November 2018, the Government published a review of the Psychoactive Substances Act, which provided insights into the way the Act has affected the sale and use of potentially harmful new psychoactive substances. The review concluded that the open sale of new substances had largely been eliminated. After the 2016 Act came into force, 332 retailers across the United Kingdom were identified as having either closed down or stopped selling. However, I take his points on board; I am happy to meet him and will certainly take this back to the department. I should say that the report was published only on 6 March.

[Baroness Bull (CB)]

My Lords, the review to which the Minister has just referred went on to say that academic and Europol evidence identified the UK as one of the leading dark-web sources of these illegal substances. What have the Government done since that review to address this and close down these too-easy-to-access sources of highly dangerous substances?

[Lord Sharpe of Epsom (Con)]

I take the noble Baroness’s point. As I say, the recommendations from the report are still under consideration. As I have just outlined, considerable work has been done on the retail of these canisters, but I will come back when I have more to tell her, based on the review of the report.

Prostitution

Baroness Bull Excerpts

Tuesday 21st February 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, as I tried to explain earlier, part of the problem is that the gathering of evidence to support any particular course of action is proving very difficult. The 2019 review conducted by the University of Bristol had the strengthening of the evidence base as one of its remits, which was one of the Select Committee’s recommendations. But the nature of prostitution makes it very difficult to estimate the prevalence accurately, and the research was unable to identify a single estimate. The nature of this work is evolving and changes completely, and has done over time.

[Baroness Bull (CB)]

The Minister will be aware of other models internationally, from full decriminalisation in New Zealand to the sex purchase law in Sweden. What assessment have the Government made of their applicability or otherwise in the UK?

[Lord Sharpe of Epsom (Con)]

The noble Baroness will be aware that there is also a different legislative approach across the United Kingdom, including in Northern Ireland, where all buying of sex has been criminalised and the selling decriminalised. However, to go back to an earlier point, I am afraid that we have yet to see unequivocal evidence that any one approach is better at tackling harm and exploitation, and that remains our priority. We will continue to monitor the implementation and impact of the changes in Northern Ireland, but as yet there is insufficient evidence.

Windrush Compensation Scheme

Baroness Bull Excerpts

Wednesday 24th November 2021 Lords Chamber

[Baroness Bull (CB)]

My Lords, the Wendy Williams was clear about the importance of trusted community and grass-roots organisations in reaching claimants who might be nervous about interacting directly with the Home Office, but we now hear that the stakeholder advisory group that brought those bodies together to help government to

“build trust with the affected communities”

has been disbanded. So what will government put in place to offset the absence of that group and to ensure that those communities can be reached?

[Baroness Williams of Trafford (Con)]

My Lords, as I said, we have done extensive community outreach. Since 2018, we have held approximately 200 engagement and outreach events across the country, including approximately 120 one-to-one surgeries to help people with their documentation for the Windrush scheme. We have held 80 public engagement events to raise awareness of the scheme. I will certainly take the stakeholder engagement point back to the Home Office, because it is a good point.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Baroness Bull Excerpts

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Wednesday 13th January 2021 Lords Chamber

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

The noble Lord, Lord Mann, has scratched from the debate, so the next speaker is the noble Baroness, Lady Bull.

[Baroness Bull (CB)]

I rise principally in support of Amendments 12 and 13. My strong preference would be for these straightforward amendments, which would prevent all use of children and vulnerable adults in the way the Bill proposes to allow. If the noble Lord, Lord Young of Cookham, presses this, I shall vote with him. If the House cannot align behind this absolute position, I shall support Amendment 24, so effectively argued by the noble Baroness, Lady Kidron.

I have heard nothing in previous stages of the Bill to convince me to drop my fundamental opposition to the use of children as covert intelligence sources, and certainly nothing to persuade me that this further expansion of their use in authorised criminal activities should be allowed. Encouraging children into criminality to serve the ends of the law stands in direct opposition to what should always be our priority, which is to extract children and other vulnerable people from situations and relationships that promote criminality. It also contravenes existing child protection laws, including the UN Convention on the Rights of the Child. As the noble Lord, Lord Young, said in his as ever excellent speech, they make it clear that a child’s best interests must be a primary consideration in all decisions regarding that child. As the helpful joint briefing that many of us received from Just for Kids Law, Justice and the Children’s Rights Alliance for England points out, if a parent were knowingly to place a child in a dangerous, criminal situation, the law would rightly take action to remove that child to a place of safety. Yet that is exactly what the Bill authorises the law to do.

We also know, as the noble Baroness, Lady Kidron, so forcefully reminded us, that the children most likely to be recruited as covert sources are already among the most vulnerable, at risk of being targeted by criminal gangs and more likely to come from disadvantaged backgrounds, to live in deprived areas, to have fewer opportunities and to have suffered from trauma, substance misuse, mental health issues and learning disabilities. These children need the law to protect them, not to exploit them.

Nor have I heard anything to persuade me that the value of children’s covert activities would be such that it overrides these moral concerns. In fact, there is good evidence to the contrary—that teenagers are not particularly effective covert sources, because of the status of their neurological development. As the brain develops into adulthood, the connections between the rational and emotional parts of the brain grow stronger and more effective. But in teenagers, this process is still under way, and adolescents process information with the part that deals with emotion. That is why teenagers are more likely to act not on the basis of reason but on instinct; it is why they are more likely to engage in risky behaviour and less likely to consider the consequences of their actions.

Added to this, most young people involved in gangs and drug supply are themselves regular users, often because they need to fit in with a prevailing drug culture. Drug use also impacts on brain development, delaying further the development in the connections between the logical and emotional parts of their brains. So alongside the moral question of whether it can ever be right to encourage children into situations of criminality, we have to set an equally serious consideration about the accuracy, consistency and completeness of any information they are likely to provide. In this case, as in so many, the end result does not justify the means.

Amendment 13 would prohibit granting of criminal conduct authorisation to vulnerable individuals, victims of modern slavery or trafficking. I have raised at previous stages the concern of Anti-Slavery International: people who have been trafficked or enslaved are unlikely to be able to give informed consent, because of the experiences of manipulation and control they have endured and the long-term psychological implications of this on their ability to take independent decisions. This amendment would give vulnerable and already traumatised people the protection that they deserve. Alongside this, however, I would welcome a commitment from the Minister to address the omission from the code of practice of any reference to mental capacity and the specific issues to be taken into account when dealing with individuals with impaired decision-making capacity.

The Government’s own Amendment 26 seeks to introduce safeguards to the granting of criminal conduct authorisations to children used as CHIS. However, as we have heard—I shall not repeat the reasons—this amendment falls short of addressing the concerns expressed by this House. It largely reiterates existing safeguards and still fails to ensure that 16 to 17 year-olds and vulnerable adults have access to an appropriate adult at all meetings.

Amendment 24 would place protection for children, victims of modern slavery or trafficking and vulnerable adults on a statutory footing. These are some of the most vulnerable people in our society. Their protection needs to be enshrined in law and, if the noble Baroness, Lady Kidron, decides to divide the House, I will be voting with her.

[Lord Holmes of Richmond (Con) [V]]

My Lords, I support Amendment 12 in the name of my noble friend Lord Young of Cookham. It is clear, coherent and consistent. It seems to me that my noble friend’s parliamentary career from the outset has been marked out by two great skills. First, he has the ability of get to the essence of the issue in front of him at the time. His second—and greater—skill is the ability to see where things are going, not least in the near and mid future. In his excellent opening speech, he demonstrated both skills perfectly.

I urge him to press Amendment 12 to a Division. A majority of noble Lords have spoken in favour of it. It is a matter of testing the opinion of the House on what is right, rather than what may fit with a particular day’s parliamentary arithmetic. I cannot improve on any of his words in his introduction, save to say that I agree with every last detail, and I urge him, as have a majority of other noble Lords, to press his amendment to a vote.

Domestic Abuse Bill

Baroness Bull Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Baroness Bull (CB)]

My Lords, we have already heard today how the pandemic has escalated an existing crisis of domestic abuse. In the three months from March, the charity Refuge reported a 66% increase in helpline calls and a 950% rise in visits to its website; domestic homicides doubled in three weeks alone. Today’s return to lockdown is for some a return to living in fear and under threat, underlining the urgent need for the greater protection the Bill will provide, particularly for women and children.

With almost 789,000 children in England exposed to domestic abuse, it is right that they are recognised in the Bill as victims in their own right. The physical and mental scars that they will carry increase their own risk of criminal behaviour, sexual exploitation and other forms of violence in later life. I welcome the duty on local authorities to provide accommodation-based support, although I share concerns that this must not come at the expense of other community-based provision where 70% of victims find their support. I also welcome Clause 65 outlawing the so-called rough sex defence, and the inclusion of economic abuse within the definition. Areas where I would like to see the Bill enhanced include the introduction of a new offence, championed by the noble Baroness, Lady Newlove, of non-fatal strangulation—one of the cruellest tools a perpetrator can deploy, and a strong predictor of future and further harm.

Between 50% and 65% of domestic abuse victims suffer strangulation. It can lead to brain damage, loss of memory and stroke. It is also a particularly gendered offence: 29% of women killed in 2018 were strangled compared to 3% of men, and research points to non-fatal strangulation as the second most common cause of strokes in women under 40. It cannot be effectively covered by the crime of attempted murder as it is not usually an attempt to kill but an attempt to terrorise and control.

The Bill rightly focuses on victims, but sustained change will also depend on changing the behaviour of perpetrators. Brazil offers an example of a country where domestic abuse law now includes mandatory rehabilitation and psychosocial support for perpetrators. A pilot programme in São Paolo saw offenders spend 10 three-hour sessions discussing issues such as the evolution of women’s rights, the need for domestic abuse laws, toxic masculinity and anger management. For many, it was the first time they had ever discussed their attitudes towards women, and recidivism fell from 65% to 2%. So, I fully support calls for a perpetrator strategy to guide future investment in rehabilitation and to ensure evidence-based perpetrator interventions are widely available.

The Bill makes important strides forward but it can never be adequate to its task unless it provides equal protection for all women, including black and minoritised women, deaf, disabled and blind women, homeless women, LGBT+ and migrant women, many of whom face extra barriers to accessing support. I share concerns about those women whose immigration status gives them no recourse to public funds, and I hope the Minister, in her response, will provide an update on the timing of the £1.5 million Support for Migrant Victims pilot scheme, and share her understanding of how it will inform future policy.

Finally, I join others in thanking the Minister for her evident commitment to this Bill, and in thanking all those campaigners and survivors who have brought us to this place. I look forward to working with them and across this House to further strengthen the Bill so that it effectively and unequivocally protects all women and their children from the immediate and longer-term harms of domestic abuse.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Baroness Bull Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Thursday 3rd December 2020 Lords Chamber

[The Lord Bishop of Carlisle]

My Lords, I speak in support of Amendment 43, in the names of my right reverend friend the Bishop of Durham, the noble Lord, Lord Young, and the noble Baronesses, Lady Chakrabarti and Lady Bull, and Amendment 60, in the names of the noble Baronesses, Lady Young and Lady Hamwee, and the noble Lord, Lord Kennedy of Southwark. As we have heard, both concern the treatment of children.

We should not for a moment underestimate some of the evils in our society that the Government and the forces of law and order are tasked with confronting. Some of those evils involve the abuse of children and vulnerable people, including, as we know, the scourge of county lines drug gangs, sexual predators and traffickers. It does not take much imagination to see how, as a result of this, there is a periodic temptation to use children as covert assets. We must clearly guard against that temptation; as we have already been reminded, our first duty must be to the care and well-being of children. This applies all the more to children who find themselves in vulnerable and harmful situations, such as those used and abused by criminal gangs.

We are talking here about the exposure of children to dangerous, exploitative and traumatic environments, with significant potential long-term consequences for the children in question. Our responsibility must be to look first to their welfare. As we have been reminded by the noble Lord, Lord Young, it is argued that covert tactics involving children can be of great value in protecting other victims, but how do we determine an acceptable level of harm to a child, even if there might be a wider benefit? Even if that argument were acceptable, as, again, the noble Lord, Lord Young, observed, how can a child legitimately understand and give informed consent to keeping himself or herself in a harmful situation? It seems to be a very dangerous precedent to suggest that a child can provide informed consent to an activity that may cause long-term harm and trauma.

Therefore, I support both these amendments, which recognise the principle that our first duty is to protect and support children and vulnerable people. As we have been reminded, Amendment 43 would prohibit the use of children as covert agents in criminal activities, while Amendment 60 significantly raises the threshold for the granting of criminal conduct authorisations to guarantee that they could be used in only very extreme circumstances and with much more thorough safeguards than are presently provided.

As others have emphasised, we are all hugely grateful to those who work to protect children and confront criminals who would abuse them. I do not for one moment underestimate the difficulties that they face, but I fear that the Bill, as it stands, does not do enough to provide sufficient safeguards for protecting children from being seen as assets rather than victims who need support. That is why I am glad to support these amendments.

[Baroness Bull (CB)]

My Lords, I rise principally to support Amendment 43, to which I have added my name, but I fully support all the amendments in this group, which have in common their intent to protect children and the most vulnerable in our society. Before I address Amendment 43, I will speak briefly to Amendment 52, in the names of the noble Baronesses, Lady Hamwee and Lady Doocey, and the noble Lord, Lord Paddick. I mention Amendment 52 in particular because it addresses two issues that I and others raised at Second Reading: first that the code of practice’s definition of a vulnerable adult currently fails to include victims of slavery or trafficking; and secondly that, while the code stipulates that there must be an assessment of the juvenile’s ability to give informed consent, there is no consideration given to the ability of a vulnerable adult to give consent.

The insertion of proposed new subsection (8A)(b) would specify that authorisation must not be granted to anyone who is a

“victim of slavery or servitude or forced or compulsory labour or of human trafficking or exploitation”.

This addresses the concerns raised by Anti-Slavery International, namely that someone who has been either trafficked or exploited is unlikely to be able to give informed consent to acting as a CHIS, given their traumatic experiences of manipulation and control and the long-term psychological implications of this on their ability to make independent decisions.

Within the same amendment, proposed new subsection (8A)(c) would prevent authorisation being granted to anyone

“who has been assessed by an appropriately qualified independent person as likely to be unable to give informed consent to acting as a source”.

I believe this would go some way to addressing my concerns about the absence of any reference in the code of practice to mental capacity and the ability of someone with impaired mental capacity to consent to acting as a CHIS. It has to be borne in mind that mental capacity is specific to a given decision, rather than universal. The Mental Capacity Act code of practice is clear that someone can have capacity to make decisions in certain areas, such as deciding what activities they would like to do during the day, but lack it for others, such as deciding whether to engage in risky and dangerous activities such as acting undercover. Given this, it seems to me essential that mental capacity is specifically taken into account.

I turn now to Amendment 43. I am grateful to and in awe of the noble Lord, Lord Young of Cookham, for introducing the amendment so effectively, and to the noble Baroness, Lady Chakrabarti, and the right reverend Prelate the Bishop of Carlisle for their contributions. I fully support their remarks and will add only a few of my own.

My primary objection to the use of children as covert sources is that it stands in direct opposition to our fundamental responsibility to children both morally and legally, as we have heard, to do everything in our power to extricate them from situations and relationships that promote criminality and risky behaviours. We know that vulnerable young people are targeted by criminal gangs who groom, manipulate, intimidate, coerce and force children into the packaging and supply of drugs and the transportation of money, drugs and drug paraphernalia. We know that these children are often obliged to commit criminal acts in order to establish their credibility and prove their trustworthiness within the gang.

These are children who almost inevitably come from disadvantaged backgrounds—growing up in deprived areas, living with experiences of trauma, substance misuse, mental health issues, learning difficulties and possibly even in the care of local authorities. These are children whose life chances and opportunities are already greatly reduced in comparison to their better-off peers, thus further deepening the inequalities between those who have and those who have not. It is hard to believe that, rather than acting to end this exploitation, the law itself would recruit them as covert sources, exploiting the existing exploitation and, in effect, becoming the next perpetrator in a cycle of continued abuse.

Alongside this moral argument, there is a more practical consideration. Research suggests that teenagers are not even particularly effective as covert sources, because information-processing abilities are not as developed in teenagers as they are in adults. Adults think with the prefrontal cortex, the rational part of the brain, which means they can respond to situations with judgment and with consideration of the long-term consequences. Teenagers process information with the amygdala: the emotional part of the brain. In teenagers, the connections between the rational and emotional parts of the brain are not yet fully developed, which is why they cannot always explain what they are thinking. Often they are not thinking—they are just feeling. Adolescents are more likely to act on impulse and engage in dangerous behaviours, and they are less likely to pause to consider the consequences of their actions.

We also know that most young people involved in gangs and drug supply are themselves regular users of drugs, which they may need to use in order to blend in. I am grateful to Dr Grace Robinson for sharing her work in this area. Drugs and alcohol use can change or delay development of the connections between the logical and emotional parts of teenage brains. All this throws into question the accuracy, consistency and completeness of any information provided by teenagers acting as covert sources and, as a result, its utility in intelligence-gathering operations.

Alongside the fundamental concern of whether it is morally and legally right to put young people directly in harm’s way, we need to set this secondary concern, of whether the information they are likely to provide would be of sufficient value to justify the risks. My belief is that, however valuable the information, it can never off-set the immediate and long-term harm to young people recruited to act as covert sources—young people whose life opportunities and outcomes are already likely to be compromised. For this reason, I stand with the noble Lord, Lord Young of Cookham. The end does not justify the means.