Violence against Women and Domestic Violence

Baroness Burt of Solihull Excerpts

Thursday 1st December 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, as I said, the Government are considering the report received from the organisations, including Southall Black Sisters, that operated the pilot scheme, and will respond in due course. I think that is as far as I can go at the moment.

[Baroness Burt of Solihull (LD)]

In a statement to the Guardian in May, when asked why the Government had excluded Article 59 from ratification, a government spokesperson said that

“we are evaluating our approach to supporting migrant victims of domestic abuse and will make a final decision … once that is concluded.”

Have the Government also evaluated how many victims are enduring abuse at home, fearful of seeking help because the threat of deportation is being held over them by their abuser? Is their suffering being factored into the Government’s evaluation?

[Lord Sharpe of Epsom (Con)]

I should make it clear that the Government regard the victims first and foremost as victims, so of course those considerations are being taken. We are far from alone in making reservations; 25 other countries have also done so on ratification or indicated their intention to do so when signing. As I have said, we will be considering that decision in the light of the migrant victims scheme pilot evaluation, which is being looked at.

Metropolitan Police: Crime and Misconduct

Baroness Burt of Solihull Excerpts

Thursday 1st December 2022 Lords Chamber

[Baroness Burt of Solihull (LD)]

My Lords, it is a pleasure to follow the noble Lord, Lord Browne, and his analysis of the role of good and consistent recruitment in the police.

I was so shocked that I remember exactly where I was when I heard Sir Mark Rowley on the BBC “Today” programme say that he had over 3,000 officers in the Met who he could not fully use due to misconduct allegations and health issues. Of these, we have heard that 500 were suspended or on restricted duties, and that about 100, in the words of Sir Mark,

“have very restrictive conditions on them because frankly we don’t trust them to talk to members of the public”.

A recent report by the noble Baroness, Lady Casey, which has already been alluded to, found that fewer than 1% of officers with multiple misconduct cases against them had actually been dismissed. Sir Mark said that “hundreds” of officers “should be thrown out”. Mr Marsh of the Police Federation said, of the worst offenders,

“our regulations are so tight so you can dismiss them. But they haven’t and I can’t tell you why.”

Let us see if we can help him. For a start, sacking officers is, apparently, a six-stage process and takes over a year. I wonder how many noble Lords here today think that a year to sack someone with multiple misconduct cases against them is reasonable or workable. Secondly, I understand that every case of serious misconduct in the Met must be adjudicated by a misconduct hearing—a board comprising three people: an independent legal chair, as was alluded to by the noble Lord, Lord Blair; a senior police officer; and a member of the public. Compare this to so-called normal work procedures where an employer has the right to dismiss, but the employee has recourse to an employment tribunal if they feel they have been treated unfairly.

I know from having worked in this field in the dim and distant past that employers have to be extremely careful to follow their own procedures and the law to secure a fair dismissal, and rightly so. But the procedure in the Met seems to run in the reverse order, with the panel itself making the dismissal. So with the confidence of the ignorant, let me make a suggestion. What about giving the chief constable the powers to dismiss and back that up with a robust appeals procedure afterwards? If every dismissal currently takes over a year, and fewer than 1% of police officers with multiple misconduct cases against them get fired, and one in 10 officers is not fully deployable, something needs to radically change. Clearly, Sir Mark needs new, powerful tools to do the job.

However, we must keep things in proportion. Sir Mark told the BBC that the Met had

“tens of thousands of great officers who are doing amazing things day in and day out for London”.

Absolutely. We know that these officers’ good work is being besmirched, and they, as well as the public, are being let down by those bad apples who think they can carry on with impunity. For all our sakes, will the Minister commit to allowing the new Metropolitan Police Commissioner the tools he needs to cleanse the Augean stables of the stench of corruption and the culture of misogyny, indolence, bigotry and violence? I wish him the very best of luck, and thank the noble Lord, Lord Lexden, for securing this debate today.

Solihull Murders

Baroness Burt of Solihull Excerpts

Wednesday 23rd November 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for that question. Training includes those issues. I will quote the Minister in the other place yesterday, because she summed it up perfectly. She said:

“It is about time that people who work in this field do not look towards colour as being an excuse for non-activity. This Government take the matter very seriously. It does not matter what colour, creed or sex a person is; if they need the police’s help, they need the police’s help. I expect those themes to be included in proper police training.”—[Official Report, Commons, 22/11/22; col. 158.]


So do I.

[Baroness Burt of Solihull (LD)]

My Lords, in her remarks yesterday, the Minister also said:

“We need thorough risk assessments, and they need to be followed with proper training.”—[Official Report, Commons, 22/11/22; col. 156.]


I am sure all noble Lords would agree. Can this Minister tell the House why some police forces have failed to carry out assessments and training of their officers? Can he give me any good reason why this training should not now become compulsory?

[Lord Sharpe of Epsom (Con)]

My Lords, I thank the noble Baroness for that question. We agree: it is incredibly important that the training reflects the gravity of these sorts of situations. We are taking action to improve this. I am sure she will be aware that we are supporting and funding the National Police Chiefs’ Council’s Deputy Chief Constable Maggie Blyth in her role as full-time national policing lead on this sort of subject. We are committed to funding the continuing rollout of the College of Policing’s Domestic Abuse Matters programme for front-line responders, and to adding VAWG to the strategic policing requirement.

On the training that has been developed by Maggie Blyth, which I think was released last December, so far only two-thirds of police forces have adopted it. That is not good enough. The Minister in the other place said the same and I am happy to repeat it.

Information Commissioner’s Office Report

Baroness Burt of Solihull Excerpts

Monday 11th July 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

On funding, our VAWG strategy comes with a significant amount of funding. On children and Rotherham, I could not agree more with the noble Baroness. In fact, I can think of other parts of the country where the culture makes some of its leaders completely blind to what is going on under their noses.

[Baroness Burt of Solihull (LD)]

My Lords, the Minister has already confirmed that she does not believe that the price for justice for rape victims in this country should be that their whole personal life is laid bare. It is causing victims to walk away before their case even reaches court, making them feel doubly victimised. The recommendations in this report are very modest to say the least. Why can the chief constables and the CPOs not just get on with implementing them now? Do they seriously need to be officially told to work together to implement consistent and proportionate treatment of victims—or will we just stand by as our already dismal prosecution rates get even worse?

[Baroness Williams of Trafford (Con)]

One thing I feel a bit disappointed about is that the report does not reflect some of the powers that I know the noble Baroness was instrumental in bringing forward within the PCSC Act. They will both help to protect privacy and, I hope, improve consistency across the piece.

Spousal Visas: Processing Times

Baroness Burt of Solihull Excerpts

Tuesday 21st June 2022 Lords Chamber

Asked by

[Baroness Burt of Solihull]

To ask Her Majesty’s Government what steps they are taking to reduce the processing times for spousal visas for the spouses of British citizens from in excess of 24 weeks.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Home Office is currently prioritising Ukraine visa scheme applications in response to the humanitarian crisis caused by the Russian invasion of Ukraine. Staff from other government departments, including the DWP and HMRC, are being surged into the department to help with Ukraine work and to enable normal visa routes to return to normal service levels in due course.

[Baroness Burt of Solihull (LD)]

My Lords, it is very commendable that the Government are pouring additional resources into processing Ukrainian visas, but can I ask that they do not lose sight of the over 18,000 families, split apart and waiting for spousal visas, who have no certainty that the recently increased 24-week timeframe will even be the maximum time that they will have to wait? What measurable steps are the Government taking to reduce this backlog, and when does the Minister expect the fast-track system to be reinstated?

[Baroness Williams of Trafford (Con)]

I concur with the noble Baroness that we will not lose sight of that, but what we will also not lose sight of is that in many instances it is life or death for the Ukrainian people. I totally appreciate that other people are having to wait, and we are going to return to normal processing as soon as we can in due course.

Male Victims of Crime: Support

Baroness Burt of Solihull Excerpts

Thursday 9th June 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

My noble friend’s figures are absolutely right. Had we done it in the way that he suggests, there may have been a lot of complaints from women and domestic abuse organisations that we had not reflected the fact that it is predominantly women who suffer from domestic abuse. However, we published the Supporting Male Victims document in March to help to raise awareness of this issue and highlight the specialist support that may be required to assist them. They are included in both the tackling VAWG strategy and the tackling domestic abuse plan. As I said yesterday, anyone who comes forward as a victim of domestic violence will be treated first and foremost as a victim, whether they are male or female.

[Baroness Burt of Solihull (LD)]

Is the position paper in itself not inadequate, in that, while it outlines many of the barriers that men face, it does very little to address them? ManKind and other charities are calling for a full-blown strategy called the “intimate violence and abuse against men and boys strategy”. Does not the suffering of men deserve to be treated as equally valid to that of women?

[Baroness Williams of Trafford (Con)]

It most certainly does. As I explained in my previous answer, this does not diminish the problems that men face, but we as a Government recognise that the disproportionate effect of domestic abuse is on women and girls.

Domestic Abuse Victims

Baroness Burt of Solihull Excerpts

Wednesday 8th June 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

It is almost too horrific to read the detail of the cases to which the noble Lord refers, in which people do such things to such young, innocent children. We are very grateful for the work that the panel has undertaken and want to ensure that we improve our response to children in domestic abuse incidents. The noble Lord will of course recall the work we did through the Domestic Abuse Act.

[Baroness Burt of Solihull (LD)]

I know the Minister appreciates the importance of specialist support for victims and survivors of domestic abuse who face multiple disadvantages. I hope she agrees that they could be better served through tailored support and specialist partnerships to meet their needs. In response to the victims Bill consultation, the domestic abuse commissioner recommends a ministerial lead for multiple-disadvantaged women to work across departments to help pull services together. Will we be seeing this measure in the victims Bill?

[Baroness Williams of Trafford (Con)]

I know we will have many discussions on the victims Bill and we will certainly take the recommendations of the DA commissioner very seriously. I think we have already accepted some and are working on them.

Domestic Abuse: Older People

Baroness Burt of Solihull Excerpts

Wednesday 14th July 2021 Lords Chamber

[Baroness Williams of Trafford (Con) [V]]

The noble and learned Baroness is right that the effects of domestic abuse and forced marriage are not confined to any one age group. She will also know that 297 forced marriage protection orders were made last year, and that between 2008 and this year nearly 3,000 orders have been made. This must go some way to try to prevent it but the point that she makes about the ongoing trauma post forced marriage is absolutely right.

[Baroness Burt of Solihull (LD) [V]]

The Domestic Abuse Act removed the upper age limit from the definition of domestic abuse and included relatives in the definition of “personally connected” but the elder abuse charity Hourglass found that only 0.7% of crimes against older people result in prosecution. With more tools in their toolkit, how can the police improve on this appalling prosecution rate and make abusers understand that there will be consequences of their cruelty?

[Baroness Williams of Trafford (Con) [V]]

I agree with the noble Baroness: it is very concerning that that statistic evidences such low rates of conviction. It is probably multifactorial: people are unwilling to come forward, as I said earlier, perhaps not even knowing that they are victims of domestic abuse. As I said earlier, training for agencies and front-line staff will be crucial in identifying domestic abuse, bringing perpetrators to justice and supporting those victims in the future.

Domestic Abuse Bill

Baroness Burt of Solihull Excerpts

Consideration of Commons amendments
Tuesday 27th April 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow the noble Baroness, Lady Finlay of Llandaff, and thank her for all the work and passion that she has shown in bringing this series of amendments to the House. I am also grateful for the support shown across the House, especially by the noble Baroness, Lady Burt, the noble Lord, Lord Ponsonby, and others on all Benches. I also thank and pay tribute to my noble friend Lord Wolfson of Tredegar in his absence. Without his particular personal interest in the issues before us we would not be where we are today. I therefore ask my noble friend Lord Parkinson to pay fulsome thanks to him.

It is important to welcome the fact that there will be some movement. I say that especially as vice-president of the National Association of Child Contact Centres and co-chair of the All-Party Group on Child Contact Centres. However, I regret that, under the terms of the amendments before us in the name of my noble friend on the Front Bench, it may be two years before we see any change whatever. It is welcome that all of us across the House are united in wanting to ensure that children can continue to see absent parents in the event of a family breakdown in safety.

However, I regret that there is no sense of urgency, such as that which we have seen with the Private Member’s Bill that will go through in this parliamentary Session, which makes sure that there are national standards and safeguards for all those working with 16 to 19 year-olds. It is bizarre and slightly concerning that they are being treated preferentially as compared with those in a younger age group, infants and those possibly up to the age of 18, seeking to meet parents in child contact centres and settings.

It is important that we establish that contact centres and services, as outlined by the noble Baroness, Lady Finlay, are subject to the same basic minimum safe- guarding, training, DBS and criminal checks, and enhanced checks as all others working with children, including childminders and nurseries. The Bill will leave the House today with the addition of these amendments, which I welcome in so far as they go, but it does not go as far as it should.

I shall quote the statement issued yesterday by Sir James Munby, as president of the National Association of Child Contact Centres, and former President of the Family Division. He stated:

“The government’s reservation to support Baroness Finlay’s amendment, which has been drafted in partnership with the National Association of Child Contact Centres, would be a missed opportunity to address an anomaly in safeguarding children and improving standards in general and specifically in regard to domestic abuse…The amendment is seeking is to ensure the same standards of safeguarding, accreditation, checks and training for all child contact centres and services whether in a public or private setting, and on the same basis as those who work with children as child minders, in nurseries and now with 16-19 years olds in education.”


Perhaps the most disappointing omission in the Government’s amendments is that we have failed to alert them to certain essential facts. DBS checks already apply to those setting up contact centres through an accredited service. However, if one is not accredited, one can go ahead without getting DBS checks. Therefore, amending the regulations will not move matters forward. That applies also to enhanced DBS checks. About one-third of families who attend child contact centres are self-referrals, so they have no-one to guide them to an accredited centre unless they go on to the NACCC website. Also, in tune with what the noble Baroness, Lady Finlay, said, the weight placed on the judicial protocol means that guidance will need to change to the equivalent of a requirement to ensure that it can support the expectation being placed upon it. The essential fact is this: if there is no one to check whether someone has DBS certificates, how would anyone know whether they have them or not?

I simply end with a question to my noble friend. If evidence comes to light within the two-year period he has allowed for the review, which is welcome, will the regulations that the Government are empowered to apply through the Ministry of Justice be put in place? Secondly, why is a higher bar being asked for in the evidence required for the younger age group of infants to 18 year-olds than that required in the Private Member’s Bill introducing safeguards for 16 to 19 year-olds? However, I welcome the movement that has been made and hope that we can work together with the departments concerned in this regard.

[Baroness Burt of Solihull (LD)]

My Lords, I am grateful to the noble Baronesses, Lady Finlay of Llandaff and Lady McIntosh of Pickering, for their tenacity in protecting the interests of vulnerable children and abuse victims. Their knowledge and experience have fuelled their tenacity and insistence that a solution be found. The noble Lord, Lord Ponsonby, has used his great experience in the family courts, and I have had, if not exactly the same level of experience, raw enthusiasm in backing the cause.

However, that would have all been to no avail if the noble Lord, Lord Wolfson of Tredegar, had not only seen what we were trying to achieve but gone the extra mile in seeking a solution, despite the fact that we did not have all the incontrovertible evidence he sought. I am sorry that he is not in his place, but I know that the Minister will pass on these remarks. When we suggested that the Government, not the NACCC, should obtain the evidence, he has come up with the amendment, which I hope the noble Baroness, Lady Finlay, will be minded to accept, to go and get the evidence. The widening of the definition of a child contact centre will catch many informal organisations—those that we are most concerned about—in the net.

All that any of us wants is to protect our children at a most difficult and vulnerable time, to ensure that unskilled and even unscrupulous people do not get anywhere near those children, and that those children are received into a welcoming environment manned by skilled, trained and compassionate people. We are not there yet and, as the noble Baroness, Lady Finlay of Llandaff, said, the movers of the original amendment will be setting two-year reminders in their diaries after the passing of the Bill, so the Government can expect timely reminders if the report has not appeared as the deadline looms.

[Lord Ponsonby of Shulbrede (Lab) [V]]

My Lords, I too pay tribute to the tenacity of the noble Baronesses, Lady Finlay of Llandaff and Lady McIntosh of Pickering. Although I have experience in the family courts and was aware of the child contact centres, I was not as well briefed on this issue as I am now, given the noble Baronesses’ backgrounds on this matter, particularly the legislative history of the noble Baroness, Lady McIntosh.

I should also pay fulsome tribute to the noble Lord, Lord Wolfson, who is relatively new to our House. We met him a number of times; he has properly engaged on the issues and expressed scepticism, which is sometimes helpful to people moving amendments. He has come up with a solution. Although, as the noble Baroness, Lady McIntosh, said, it may fall short of what we were hoping for, it nevertheless provides a road ahead for addressing the concerns that he expressed. He has potentially come up with a proper solution for the various loopholes in the child contact centre system, if I can put it like that.

As the noble Lord, Lord Parkinson, said in his introduction, the Government’s problem was one of evidence. As we repeated in numerous meetings, it is very difficult to get evidence of contact centres that come and go, perhaps operating in particular communities and essentially functioning under the radar. I am glad that the Government appreciated that point to the extent that they are willing to take on the responsibility of seeing whether this is a real problem and whether appropriate measures can be put in place to protect children who go to these child contact centres.

The noble Baroness, Lady Finlay, asked three good questions for the Minister to answer. The noble Baroness, Lady McIntosh, went on to quote Sir James Munby’s support for the earlier amendments. Sir James Munby has unequalled experience in these matters, so the Government should listen to what he says.

In conclusion, the noble Baroness, Lady Burt of Solihull, and I have sat on a lot of committees together over the last couple of years and she has always been sensible in her support of the noble Baronesses, Lady Finlay and Lady McIntosh. As she said, I hope that the noble Baroness, Lady Finlay, accepts the Government’s amendments and that we continue to work together for the next couple of years to ensure that the Government follow through on their promise to review the existing provision.

--- Later in debate ---

[Baroness Burt of Solihull (LD)]

My Lords, my group and I wish to avoid putting this Bill in jeopardy by doing our own bit of disagreeing with the Government and forcing another round of ping-pong just before Parliament is dissolved. We have achieved so much for victims in this Bill, with the exception, yet again, through the Government agreeing to Motion C, of failing to treat all victims equally and thereby failing to meet the criteria of the Istanbul convention, as my noble friend Lord Paddick said. The right reverend Prelate must be as disappointed, as so many of us are, that this was the only amendment to “go the distance” and be substantially modified, but still get no movement from the Government. Anyway, I digress; I have no wish to detain the House.

I feel reassured at the Minister’s words regarding Amendment 42. If I have misunderstood anything that she has said at the Dispatch Box, will she please disabuse me in her final remarks? My understanding is that, first, experts in domestic abuse and stalking will be included in the MAPPA process, assessing patterns of behaviour to decide which category an offender should be placed in. I particularly welcome the wise words of the noble Lord, Lord Russell of Liverpool, on how MAPPA should change the way it works.

Secondly, I understand that the assessment of MAPPA categories will depend on patterns of behaviour, not on the sentence received—I was going to say, “if any”, but from what the Minister said I understand that there must have been a conviction, not necessarily with the one-year criteria.

Thirdly, I understand that the domestic abuse commissioner and the Victims’ Commissioner will get access to the figures on stalking and domestic abuse from MAPPA under the duty in this Bill to co-operate. References to the inclusion of stalking by the Minister have been heard loud and clear.

Finally, I reiterate what my noble friend Lady Brinton said: we are at only the start of this process. We have heard so many stories from victims of how their repeated calls for help have been ignored and threats and actions underplayed until the worst happened. Our culture must change; our responses must improve. Only then will we be able to say that the Bill has achieved its purpose. However, it is a great tribute to the Minister and her ministerial colleagues that we are where we are on the Bill today.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, we on these Benches are grateful for the movement from the Government that we have heard in the debate, including the inclusion of domestic abuse-related stalking in the perpetrator strategy. I pay tribute to the Minister for all her work on the Bill and for the many welcome changes, including these, that have been made during its passage. That is not to say that we do not still have some concerns that the proposed changes to the MAPPA guidance will not be strong enough. We welcome the idea of a debate in the autumn on the effectiveness of the guidance.

I pay tribute to my noble friend Lady Royall of Blaisdon for all her work on the issue of stalking, not only in the context of this Bill but over many years of campaigning in this House. The progress that we have made to date would not have been possible without her work. I also pay tribute to the work and support of the noble Baroness, Lady Brinton, the noble Lord, Lord Russell of Liverpool, and many others in this House.

I think we have all accepted that the system as it stands is not working—it is not catching the perpetrators where the Minister claims it should be. I would like her to be clear about what it is specifically about this change to the guidance that will make it work. If it is simply about a change in the guidance, we could have done that before. What is it about this amendment to the guidance that is going to deliver change?

Like the noble Baroness, Lady Brinton, I listened to the “Today” programme this morning and heard the contribution from Zoe Dronfield; I do not know if other Members have. It was harrowing to listen to what that poor woman has gone through. She met someone and, after a few weeks, thought it was going to work, but then there were all the phone calls, the texts, the knock on the door and then her front door being kicked in. At no point did she get help from anyone—the police said, “He hasn’t really done anything, has he?”—and it had to get to the point where he nearly killed her before action was taken. That is totally wrong. These amendments are trying to stop the situation where you have to be nearly killed before any action is taken. We need a guarantee that serial and high-risk offenders will be risk-assessed and, where the risk of harm is identified, be included under MAPPA —otherwise, what is changing?

The noble Lord, Lord Russell of Liverpool, is right that the death toll has to come down for us to see that the guidance and the Act are working. If we do not see that happen then we are failing victims, their families and campaigners. In the weeks and months ahead we have to see effects from this. If we do not then we have failed in our duty.

It is key that an offender’s past behaviour must be considered. Zoe Dronfield told the “Today” programme that she was not the first case; the person who attacked her had previously abused and attacked 12 other women, but she knew nothing about it. We have to ensure that the system starts to recognise the reality of these crimes and where the risk escalates—otherwise, what are we doing here today?

My noble friend Lady Royall has asked a number of detailed questions and I am sure the Minister will respond to them. The debates that we have had, particularly on this issue, have shed light on the failures of the past and current failures, and we all agree that we have to do better. I look forward to seeing the effective action that is going to happen.

I know that my noble friend and other campaigners, in this House and elsewhere, will be back if this does not work. We have the Police, Crime, Sentencing and Courts Bill, as well as other debates and issues—this is not going to go away; for too long victims have wanted to get this sorted out. The Government have done loads of good work on this and a good job with the Bill, which we are very happy with. But if there are issues that have not been sorted out, we will be back to ensure that they are, because we owe that to the victims and their families.

Domestic Abuse Bill

Baroness Burt of Solihull Excerpts

Report stage
Monday 15th March 2021 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, I begin by commending my noble friend Lord Randall for the case he made for Amendment 66B. I look forward to the Minister’s reply on that. The case for Amendment 87C was capably made in Committee by a number of noble Lords and reinforced today by the noble Baronesses, Lady Deech, Lady Warwick and Lady Bennett. I will not repeat it, except to gently remind the Minister that in Scotland they have gone further than our modest amendment in giving security to victims of domestic abuse, even when they are not a joint tenant.

I want to focus on what has happened since Committee, and begin by thanking my noble friend Lord Parkinson for his patient and sympathetic approach in seeking to find a way forward. In his wind-up speech in Committee, he recognised that our amendment would simplify the current complex and uncertain legal mechanism available to victims, and would prevent perpetrators from exerting control over a victim. That was enormously helpful.

In our letter dated 15 February, we sought to address the concerns that he expressed on five separate issues. In particular, we amended the section on responsibility for arrears to clarify that the perpetrator remains liable for arrears before the joint tenancy is terminated. Then we added subsection (11) to the new clause proposed by the amendment, to give the Government time to assess progress in Scotland. We had a meeting with my noble friend earlier this month, for which again I am grateful, and he replied to our letter last week, in which he repeated his sympathy for the motives behind the amendment.

So where do we go from here? If there are defects in our drafting, we know that the Bill will go back to the other place, so there will be an opportunity for the Government to tidy it up. My preferred solution would be for the Government to accept the amendment, tidy it up in the other place and implement it as soon as it is successfully rolled out in Scotland.

I would understand the disappointment if the Government were to resist but, if they do, with some reluctance I would consider the more cautious approach suggested in my noble friend’s letter and referred to by the noble Baroness, Lady Deech, in her opening speech—namely consultation. I am not entirely convinced that this is necessary but, subject to some strict conditions—an early start date, a reasonable but not protracted time for consultation and a decision by the Government by the autumn—the proposition is worth reflecting on. The option would be even more attractive if there was also a commitment to include the necessary measures in the first relevant piece of legislation, be it on rights for renters or leasehold reform, both of which are likely to feature in the next Session. I will listen with more than usual attention to my noble friend’s response at the end of this debate, before deciding how best to proceed.

[Baroness Burt of Solihull (LD)]

My Lords, first, I am happy to add my support to Amendment 66B in this group, from the noble Lord, Lord Randall. I am somewhat mystified as to why it was not included with Amendment 66A, to which I also added my name but was not present in the House at the beginning of the debate to speak to it. I take this opportunity to apologise to the noble Lord and the House for this confusion on my part. I hope that the Minister will enlighten the House as to why Amendments 66A and 66B were not dealt with together.

Just as Amendment 66A concerned hard-pressed authorities using their local connection rules to deny refuge places to victims and their families fleeing to another area, Amendment 66B deals with another criterion, “qualified persons” who want more permanent accommodation in their new area. Guidance is not a requirement and guidance is not enough. The case study given by the noble Lord, Lord Randall, speaks more eloquently than anything I could say in cogently making this point.

I have also added my name to Amendment 87C on joint tenancies. The noble Baroness, Lady Deech, explained the amendment well, including the human rights implications. I start by expressing my gratitude to the Minister for the lengths that he and his team have gone to in investigating the practicalities of this amendment. I have no doubt of his sympathy for what it seeks to achieve.

The supporters of the amendment, assisted by Women’s Aid lawyers, have further amended our amendments proposed in Committee, in accordance with the points that the Minister made to us subsequently, including liability for debt if the perpetrator is removed from the tenancy, the interests of third parties and the interests and rights of the perpetrator.

In subsequent discussions with us, the Minister said that the Government would like time to assess how the implementation of a plan in Scotland similar to that which we propose will fare. But there are three issues with this. First, the changes in Scotland are not the same; they are much wider ranging than our comparatively modest proposal, so they will not be comparing the same thing. Secondly, property law is different in Scotland, so that will have to be factored in. Thirdly, it could take years before the implementation of the Scottish version is fully assessed. If it is or is not successful, how much will that tell us, given the differences that I outlined in the first and second points? We could potentially lose a huge amount of time for very little gain, given the prospect of a suitable Bill coming as a vehicle to implement it.

More promisingly, the Minister has offered a public consultation to help resolve some of the technical issues that he has raised in meetings and correspondence with us. This would bring interested parties from all sides of the argument to contribute and work together to find a solution fair to all. I am attracted to this idea, because I acknowledge that we are treading in quite a legally complex area, which incorporates several different aspects of the law. He tells us, in his most recent letter, when the consultation will start—this summer—but not when it will end, and he has not indicated any further steps to be taken and when they might take place.

Having been a Member of your Lordships’ House and the other place for over 15 years now, I have watched many times in frustration as consultations drag on for years, eventually for so long that the proposals under question can be forgotten and quietly dropped. So, if this kind offer of consultation is accepted, we would need some assurances on time. For example, an assurance that the Government would strive to have proposals in place in time for the next piece of appropriate legislation—say, for example, the renters Bill. The noble Baroness, Lady Warwick, reinforced the important role that housing associations and social landlords can play. Could the Minister give the House this assurance today?

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[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, the noble and learned Baroness, Lady Butler-Sloss, who is next on the list, has withdrawn from this debate, so I call the noble Baroness, Lady Burt of Solihull.

[Baroness Burt of Solihull (LD)]

My Lords, I add my congratulations to the noble Lord, Lord Kennedy, on resolving the injustice of NHS providers charging for evidence of domestic abuse. It is an object lesson in persistence. I hope that the noble and learned Baroness, Lady Butler-Sloss, who I was hoping to follow, will meet the same eventual success with her plans on forced marriage. I am also grateful to the Minister for his amendments to ensure that this is properly and legally installed in law.

In my view, it is a scandal that it ever had to come to this. What hard-hearted group of medical practitioners ever made the decision to charge money for evidence that a woman has been subjected to violence as a qualifying condition for legal aid? I suppose that is what happens when you try to marketise the NHS.

The Minister spoke about the role played by the BMA, but according to the BMA this amendment should never have been necessary. It says:

“We believe that legal aid agencies should trust the word of victims without needing to consult with a medical professional, who themselves”


will rely on what the victim tells them and

“may not be best placed to confirm whether domestic abuse has taken place.”

It recommends that the MoJ should remove altogether the unfair requirement for medical forms in the domestic abuse legal process. It seems to me that this requirement is just placing one more obstacle in front of the victim, perhaps to test to destruction her determination to get justice. Will the Minister say why legal aid agencies are requiring these medical certificates in the first place? Should we not be legislating to remove this requirement, full stop?

[Lord Wolfson of Tredegar (Con)]

My Lords, I begin by taking up the comment of the noble and learned Lord, Lord Morris of Aberavon, who said that this is a loophole that needed to be filled. I respectfully agree, and that is why the Government have tabled the amendments that have the effect that I set out earlier.

It was gratifying to hear the congratulations to the noble Lord, Lord Kennedy of Southwark, from my noble friend Lord Naseby, the right reverend Prelate the Bishop of Carlisle and the noble Baroness, Lady Burt of Solihull. I shall not rise to the challenge in her phrase about marketising the NHS, but I should respond briefly to her point about why any evidence is needed at all. The short answer is that there is limited legal aid spend. We must target it at those who need it most, and we believe that the evidence requirements ensure that the legal aid scheme strikes the best balance between ensuring that victims of domestic abuse can evidence their abuse and access legal aid and ensuring that the risk of fraudulent or unmeritorious claims is as low as possible. To that end, we have significantly extended the accepted forms of evidence. We have removed all time limits and the government amendments seek a clear resolution of the issue of victims being charged to obtain that evidence.

Other than that, it is fair to say that the debate we have just had was something of a tribute band to the noble Lord, Lord Kennedy of Southwark, but on this occasion, tribute is entirely well merited. He has been indefatigable and resolute, and he was very generous, although I associate myself with it, in mentioning my noble friend Lady Williams of Trafford, who has also worked very hard to resolve this matter.

I shall not take up any more of the time of your Lordships’ House. For the reasons I have set out, the Government believe that these amendments will sort out this long-running problem, and I therefore commend them to the House.