Online Safety Bill

Debate between Baroness Burt of Solihull and Lord Parkinson of Whitley Bay

Report stage
Thursday 6th July 2023 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

I am very happy to make that commitment. It would be useful to have their continued engagement, as we have had throughout the drafting of the Bill.

The noble Baroness, Lady Burt of Solihull, has tabled a number of amendments related to the new offence of cyberflashing. I will start with her Amendment 6. We believe that this amendment reduces the threshold of the new offence to too great an extent. It could, for example, criminalise a person sending a picture of naked performance art to a group of people, where one person might be alarmed by the image but the sender sends it anyway because he or she believes that it would be well received. That may be incorrect, unwise and insensitive, but we do not think it should carry the risk of being convicted of a serious sexual offence.

Crucially, the noble Baroness’s amendment requires that the harm against the victim be proven in court. Not only does this add an extra step for the prosecution to prove in order for the perpetrator to be convicted, it creates an undue burden on the victim, who would be cross-examined about his or her—usually her—experience of harm. For example, she might have to explain why she felt humiliated; this in itself could be retraumatising and humiliating for the victim. By contrast, Clause 170 as drafted means that the prosecution has only to prove and focus on the perpetrator’s intent.

[Baroness Burt of Solihull (LD)]

I am very grateful for the Minister’s comments. This is the crux of my confusion: I am not entirely sure why it is necessary for the victim to appear in court. In intimate image abuse, is it not the case that the victim does not have to make an appearance in court? What is the difference between intimate image abuse and cyberflashing abuse? I do not get why one attracts a physical court appearance and the other does not. They seem to be different sides of the same coin to me.

[Lord Parkinson of Whitley Bay (Con)]

If a defendant said that he—usually he—had sent an image believing that the consent of the recipient was implied, the person making the complaint would be cross-examined on whether or not she had indeed given that consent. If an offence predicated on proof of non-consent or proof of harm were made out, the victim could be called to give evidence and be cross-examined in court. The defence would be likely to lead evidence challenging the victim’s characteristics and credibility. We do not want that to be a concern for victims; we do not want that to be a barrier to victims coming forward and reporting abuse for fear of having their sexual history or intentions cross-examined.

Domestic Abuse Bill

Debate between Baroness Burt of Solihull and Lord Parkinson of Whitley Bay

Report stage & Lords Hansard
Monday 8th March 2021 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I assure the noble Baroness, Lady Burt of Solihull, that we share her objective that children should not be put at a disadvantage if they are compelled to move home as a result of domestic abuse. It is, of course, right that they should be able to access the medical attention that they need and to secure a new school place quickly, and that any gaps in their education must be kept to an absolute minimum.

In relation to Amendment 11, as the noble Baroness acknowledged, it is a key principle of the National Health Service that access to healthcare is on the basis of clinical need. When patients move home and between hospitals, the NHS should take previous waiting time into account and ensure, wherever possible, that these patients are not disadvantaged as a result. Clinicians have the training and expertise to make decisions about clinical prioritisation so that patients who require urgent treatment can expect to be seen more quickly. Of course, waiting times may vary across the country and between services. Different services experience different challenges in local demand, which can affect waiting times, and it is important that there is local flexibility to manage this. However, regardless of circumstance, clinical commissioning groups and providers have a duty to provide services within the maximum waiting times set out in the NHS constitution, as I set out in Committee and as has been noted again today.

The noble Baronesses, Lady Burt and Lady Brinton, asked about the Armed Forces covenant. The framework of the Armed Forces covenant sets out society’s obligation to members of our Armed Forces and their families, with an aim to prevent disadvantages that they face due to the unique nature of service in our Armed Forces. As part of this promise, families of serving personnel

“should retain their relative position on any NHS waiting list, if moved around the UK due to the service person being posted.”

As I set out earlier, the decision still rests with the clinician to make decisions about their clinical priority in relation to the local population and services available. That is the core principle throughout NHS services.

Local healthcare services are commissioned based on an assessment of the needs of the population they serve, and tackling health inequalities is a core part of those considerations. It will be important for the NHS to learn from experience, including the concerning accounts that have been highlighted by noble Lords both in Committee and this evening, so that barriers to accessing services are removed. We will certainly support and encourage that.

I should say at this point that NHS England is developing an action plan to tackle domestic abuse that will raise awareness among NHS staff. I am sure that staff have the skills to identify and refer and, indeed, to address the issue of NHS staff who are themselves victims or perpetrators. One of the tenets of the action plan will be that any and all victims and survivors of domestic abuse and their children will not be unduly disadvantaged in accessing physical and mental health services when they are forced to move to new accommodation in a different area.

Moreover, at a national level, the NHS long-term plan sets out a number of measures to improve access to services, about which I spoke in Committee, such as extra GP appointments, and new waiting time standards for children and young people for eating disorders and for those experiencing a first episode of psychosis. On top to this, at least 345,000 additional children and young people aged up to 25 will be able to access support via NHS-funded mental health services and school or college-based mental health support teams by 2023-24.

Furthermore, at the spending review in December, the Government announced £1 billion of public money to address backlogs and tackle long waiting lists by facilitating up to a million extra checks, scans and operations. On Friday, the Government announced how millions more children and young people will have access to significantly expanded mental health services, backed by £79 million of public money. This announcement means that nearly 3 million children in England will be supported by mental health support teams in schools, around 22,500 more children and young people will be able to access community mental health services, and 2,000 more children and young people will have access to eating disorder services.

Unlike Amendment 11, Amendment 76 seeks to make provision for both England and Wales, and as education is a devolved matter in Wales, we should not be legislating in your Lordships’ House without the consent of the Senedd. My comments therefore address Amendment 76 as it applies to England only.

The noble Baroness, Lady Burt, has again eloquently explained how children fleeing with a parent from their abuser should not be put at a disadvantage and should not have to wait a long time for a new school place. We agree, which is why the Government are embarking on reform of the English School Admissions Code, which makes better provision for in-year applications and introduces new requirements, including mandatory deadlines for decision-making in relation to in-year admissions and in respect of local authorities’ fair access protocols, helping to ensure that vulnerable school children are allocated a school place as soon as possible. Under the revised code, children fleeing domestic abuse will be eligible to be placed in a school through the fair access protocol if they are struggling to find a school place via the in-year admissions system. These changes should make this process faster and more transparent, and provide a safety net for the most vulnerable children moving school in-year. The Department for Education also proposes to publish new guidance on fair access protocols in England.

The noble Baroness, Lady Burt, asked when the changes to the School Admissions Code will come into force. They are subject to a full public consultation and, of course, to parliamentary approval, but, subject to that approval, we expect the changes to come into force later this year.

The noble Baroness also asked about the numbers affected on free school meals, and I will take up her offer to write with that information.

The noble Baroness suggested the School Admissions Code should change to give children fleeing domestic abuse, or who have had to move home because of domestic abuse, the same priority as looked-after children when there is a waiting list for school places. This proposal and Amendment 76 focus on the application process for a school place in the normal admissions round—that is, at the start of reception or year 7—rather than in the in-year process, which is when children fleeing domestic abuse are more likely to apply. So this amendment would perhaps not help all the people the noble Baroness and all noble Lords, I am sure, have at the forefront of their minds. Although all mainstream state-funded schools in England must maintain a waiting list, they are required to maintain that list only until the end of the first term of the academic year of admission for the school.

We believe that the changes I have outlined to reform the English School Admissions Code to support in-year admissions will have the greatest impact in ensuring that all vulnerable children are able to access a school place as quickly as possible, including those who are affected by domestic abuse. I hope that the changes I have outlined, and the other positive steps to which I have referred, reassure the noble Baroness and, on that basis, she will be content to withdraw her amendment.

[Baroness Burt of Solihull (LD)]

My Lords, I am very grateful to all noble Lords who have spoken in this debate, and indeed to the Minister. The noble Baroness, Lady Newlove, gave us another real-life example, this time a personal one. It highlights so clearly the importance of the work that we are doing in this place.

The noble Baroness, Lady Meacher, talked about mental health issues and long delays. Think about the life of a child; 12 months in the life of a five year-old seems a lot longer and more important than 12 months to an adult. It is really helpful that the Minister has elaborated on the additional mental health help that is being planned for young people. Particularly with Covid, it will be greatly needed. I just worry whether we have got the resources and the clinicians to be able to populate the services that we are planning.

The noble Baroness, Lady Watkins, talked about the health and social care Bill this year and whether we might be able to incorporate some of the health amendments into that. This is something the Minister did not refer to. Perhaps he might write to the noble Baroness, Lady Watkins, and other noble Lords who have spoken in this debate. She also talked about the importance of school for all kinds of reasons, including building relationships and getting settled after being in a very disturbed and distressing situation.

My noble friend Lady Brinton talked about plummeting to the bottom of waiting lists at the precise moment that children are at their most vulnerable. The Minister gave soothing words that clinicians are required to take these problems into account. But I hope we can get some reassurance—a protocol—that even if you are not desperately ill, those with a mild condition can still get the treatment they need in a reasonable time, given the vulnerability of these young individuals.

The noble Lord, Lord Rosser, gets to the nitty-gritty, as he always does, and the extent of the problem whereby children lose places on NHS lists. I have started to think that maybe I have not been strong enough in these amendments, when I listen to all the valuable knowledge and the examples that we have had.

My noble friend Lady Brinton also talked about the Armed Forces covenant again. I was struck by the Minister saying that we have an obligation as a society to look after the families of the Armed Forces, but surely we have an obligation as a society to look after these very vulnerable and damaged children as well.

I am very grateful to the Minister for the elaboration and the explanations that he has given. It has been extremely helpful. With that, I beg leave to withdraw the amendment.

Domestic Abuse Bill

Debate between Baroness Burt of Solihull and Lord Parkinson of Whitley Bay

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

Yes, we certainly will. I hope equally that the noble Lord listened to the points where I outlined some of the complexities, which have to be considered in the law. But we certainly want to continue to engage on this and arrive at the right place.

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

My Lords, I thank all noble Lords who have made extremely knowledgeable contributions. I thought that there would be experts on the Benches on all sides of the House, and I have certainly not been disappointed this afternoon. The noble Lord, Lord Young of Cookham, talked about the balance that must be struck and the role of the courts in that; the noble Baronesses, Lady Deech and Lady Warwick of Undercliffe, used their professional experience and knowledge of human rights law; and the noble Lord, Lord Kennedy, had two bites of the cherry—and very welcome they were too, because he embodies the spirit of what we seek to achieve.

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[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am grateful to all noble Lords who have spoken in this debate and I join those who have already wished the noble Baroness, Lady Bennett of Manor Castle, a happy birthday. She has had a busy birthday in your Lordships’ House today. I hope that we will finish in time for her to celebrate before the day is over. I am particularly grateful to the noble Baroness, Lady Burt of Solihull, and the noble Lord, Lord Kennedy of Southwark, for setting out their amendments in the way they did. They bring us on to the role that employers can and should play in supporting employees who are victims of domestic abuse.

The Government agree that employers can play an important role, and that there is more that can be done in this area by working with them to help lift the lid on this often-hidden crime. However, as noble Lords have noted, this is a sensitive area and it is vital to ensure that we have the right approach. That is why, in June last year, the Department for Business, Energy and Industrial Strategy launched a review into support in the workplace for victims of domestic abuse. This comprised a call for evidence, a literature review and discussions with interested parties and groups to explore the issues in greater depth. As the noble Baroness, Lady Burt of Solihull noted, we published the report from this review last month, on 14 January.

The findings in this report show that, for people experiencing domestic abuse, the workplace can be a place of safety and respite. As my noble friend Lady Newlove said, it is somewhere where they might have a trusted mentor or confidant. They can make the arrangements that they need there and perhaps use a work telephone to contact refuges or other services, which can help them escape their abuser. The review also highlighted the importance of employers responding with empathy and sensitivity to disclosures of domestic abuse, asking the right questions and ensuring that the workplace is a safe place for people to come forward.

The evidence provided to the Government made it clear that victims may also need flexibility to engage with services such as refuges, healthcare, the police and the courts, during their regular working hours. Sometimes that might mean changes to their working location or the type of work that they do in order to ensure their safety. We expect employers to respond with empathy and flexibility to such requests. No victim should need to worry about their employment while they are seeking to leave an abusive situation.

Where victims of domestic abuse need to change their working patterns or locations, they may be able to make use of the existing right to request flexible working, which noble Lords noted. Our review into how employers can support victims of domestic abuse generated some valuable insights, which will be considered when we take forward the commitment that we made in our manifesto to consult on making flexible working the default.

The Government recognise that there is much merit in providing guidance and support to employers on how to support victims of domestic abuse. The review that I mentioned found that, while employers want to support their staff, they may lack the awareness, understanding and capacity to do so. My noble friend Lady Newlove gave an example of an employer who, sadly, got it wrong. As the noble Baroness, Lady Hamwee, said, companies are made up of people; this is first and foremost a human interaction. People want to get it right, but they need to be given the right advice on how to do so. It is also clear that domestic abuse can bring difficult challenges for employers, for example where victims and perpetrators work together in the same place.

The Government want to ensure that employers have the tools and support that they need to support their staff. As set out in our report, therefore, we will work with representatives of victims, employers and workers alike to bring forward proposals in this area. We welcome the positive action that we have already seen across the country. The noble Lord, Lord Hunt of Kings Heath, mentioned Vodafone, which is one of many employers, including Lloyds and many more, which are showing the way by adopting policies that support victims in the workplace and by raising awareness of domestic abuse as a workplace issue. We will continue to encourage employers to follow suit wherever possible.

In doing that, we recognise and value the good work being done by a variety of organisations, some of which have been mentioned in our debate, to provide support and guidance for employers: for example, the Employers’ Initiative on Domestic Abuse, Hestia, Public Health England, Business in the Community, the Equalities and Human Rights Commission and the Chartered Institute of Personnel and Development all provide resources for employers free of charge. As the noble Baroness, Lady Burt of Solihull, said, they are all over this, and trade unions are doing important work in this area, as well.

Through our review, the Government have set out a clear course of action to help employers to support victims of domestic abuse. It creates a firm basis on which to make progress. Given that commitment and the findings of the report from last month which I mentioned, I hope that the noble Baroness will be content to withdraw her amendment.

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

My Lords, I thank all noble Lords who have spoken in this brief but very important debate today. The noble Lord, Lord Kennedy of Southwark, made the point that paid leave is guidance only. That is a very helpful thing; at this incremental stage we are seeking to win over employers rather than beat them down and require them to pay employees who are suffering from domestic violence.

I thought the noble Baroness, Lady Newlove, put it very elegantly when she said that we have a code to make the work environment safe and happy, so the code we are talking about would create a good emotional work environment to go with the good physical one. The noble Lord, Lord Hunt of Kings Heath, made many very good points. He said that domestic abuse is a work issue. It crosses over. As I said in my earlier remarks, you have to be able to bring your whole self to work; you cannot just leave the sad and difficult bits at home.

The noble Baroness, Lady Bennett of Manor Castle, raised the need for flexible working in these difficult circumstances. I was pleased by the Minister’s comment that the Government will be bringing forward proposals and are consulting on making flexible working the default. I will be delighted when that day comes and I hope it will not be too far away. My noble friend Lady Hamwee said that these two amendments have identified a gap that should be filled.

I am delighted with the cautious comments of the noble Lord, Lord Parkinson, saying that the Government are working with bodies to bring forward proposals. I hope that progress will be forthcoming and less than glacial. With that, I beg leave to withdraw the amendment.

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[Lord Parkinson of Whitley Bay (Con)]

My Lords, I thank both noble Lords for taking part in this short but important debate. We firmly believe that all vulnerable children, including those who have been affected by domestic abuse and are currently receiving care or who have had to move home as a result of domestic abuse, should be able to access a school place quickly. We believe that any gaps in their education must be kept to an absolute minimum.

The noble Baroness, Lady Burt of Solihull, previously raised the issue of NHS waiting lists where children are compelled to move area as a result of domestic abuse. Amendment 175 seeks to address the issue of changing schools by focusing on the application process for a school place in the normal admissions round—for instance, at the start of reception or year 7. However, children fleeing domestic abuse are more likely to be applying at other times, which, in the current drafting—with the usual caveats about this being a Committee amendment—Amendment 175 does not currently provide for.

The Department for Education has recently consulted on changes to the School Admissions Code to improve the in-year admissions process and fair access protocols to ensure that vulnerable children, specifically including children on a child in need plan or a child protection plan, and those in refuges or safe accommodation, can secure a school place quickly and keep the disruption to their education to an absolute minimum. The new School Admissions Code will provide detailed requirements and guidance for all, particularly vulnerable children moving in-year. The Department for Education proposes to publish this new guidance on fair access protocols, which provide a safety net for the most vulnerable children moving in-year.

We think that these changes and this action, rather than giving joint-highest admission priority alongside looked-after children for the main admission round, will have the greatest impact in achieving what I think lies behind the amendment: ensuring that all vulnerable children can access a school place as quickly as possible, including those who have been affected by domestic abuse. Given the work being undertaken in this area, I hope that the noble Baroness will be content to withdraw her amendment.

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

My Lords, I am very grateful to the noble Lord, Lord Rosser, for rounding out some of the information as to why we need this small amendment. The average waiting time of four to six months for a child who has fled with a parent from domestic abuse is not acceptable. He outlined very clearly all the reasons why that is the case.

I was quite pleased with what the noble Lord, Lord Parkinson, said regarding the new School Admissions Code on fair access protocols. I think he is reasonably confident that this will have the required effect; I very much hope so too. With that, I beg leave to withdraw the amendment.

Domestic Abuse Bill

Debate between Baroness Burt of Solihull and Lord Parkinson of Whitley Bay

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Monday 8th February 2021 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am grateful to the noble Baroness, Lady Burt of Solihull, for outlining her amendment. I certainly agree with her and all the noble Lords who have spoken that guidance for front-line staff on tackling economic abuse through the withholding or reduction of child maintenance payments is extremely important. I assure her and, I hope, the noble Lord, Lord Rosser, that the Child Maintenance Service takes the issue of domestic abuse extremely seriously and is committed to ensuring that victims of abuse get the help and support that they need to use it safely.

The service has recently substantially strengthened its procedures to support people who are experiencing domestic abuse: in particular, a new programme of domestic abuse training is currently being delivered to all Child Maintenance Service caseworkers. However, before that, the service had already implemented training in this area, designed with input from Women’s Aid. That included: recognising that domestic abuse can take various forms, including physical, psychological, emotional and financial abuse; appropriate signposting to domestic abuse support groups; and advice on contacting the police and, if people did not feel able to do so, asking whether they were content for the Child Maintenance Service to call the police on their behalf. The service has also introduced a complex needs toolkit for its caseworkers which includes clear steps to follow in order to support people who are experiencing abuse. It is regularly reviewed and strengthened on the basis of feedback. The Child Maintenance Service will continue to evaluate the effectiveness of its guidance and training in this area.

Beyond that guidance and training, there are a number of ways in which the Child Maintenance Service responds to cases involving domestic abuse. It might be helpful to outline some of them. They include waiving the application fee for victims of domestic abuse; providing appropriate advice and support to help victims use the service safely and to ensure that there is no unwanted contact between separated parents; acting as an intermediary to facilitate the exchange of bank details and ensuring that no personal information is shared; providing advice on how to set up bank accounts with a centralised sort code, which does not allow victims of abuse to be traced; and providing advice and directing people to a number of specialist domestic abuse support organisations as well as providing advice and information on how they can stay safe.

The Child Maintenance Service also has a range of strong enforcement powers, which can be used against people who consistently refuse to meet their obligations to provide financial support to their children. First, it can make deductions directly from earnings and seize funds directly from a paying parent’s bank account, either as a lump sum or regular payments. We have extended this power to cover joint and certain business accounts, thereby removing the opportunity for paying parents to put their money out of reach. Secondly, it has the capacity to seize goods or force the sale of a non-paying parent’s property. Thirdly, it can seek to have those who wilfully refuse to recognise their obligations either committed to prison or disqualified from driving. Finally, we have also introduced the ability to disqualify non-compliant parents from holding or obtaining a UK passport, which we believe acts as a strong deterrent.

We are therefore confident that the Child Maintenance Service already has sufficient enforcement powers and that it has further strengthened its procedures for supporting people who have suffered domestic abuse. I assure the noble Baroness and all noble Lords who have spoken in this brief but important debate that we will continue to monitor the effectiveness of these enforcement powers and the support that they give. With that assurance, I hope that the noble Baroness will be content to withdraw her amendment.

[Baroness Burt of Solihull (LD)]

My Lords, I am grateful to the speakers who have contributed to this short but, as the Minister says, important debate. The noble Baroness, Lady Jones, spoke very supportively about the importance of child maintenance to the family and how it is abused as a tool of control. The noble Lord, Lord Rosser, made an interesting contribution about the role of coronavirus and the redeployment of CMS. Obviously that is a concern.

The Minister talked about further strengthening procedures and training, which is what the Minister Alex Chalk said in the other place. I am reassured that the evaluation of the effectiveness of the guidance is continuing, and I hope that the success rate continues to rise so that more families have the wherewithal to survive economically. With that, I beg leave to withdraw the amendment.

Domestic Abuse Bill

Debate between Baroness Burt of Solihull and Lord Parkinson of Whitley Bay

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021 Lords Chamber

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

My Lords, this is a small amendment but nevertheless it is definitely a point worth making. I was not privy to the debate last week, but my reading of the amendment was that it piggybacked on Clause 55(1)(b), on the requirement to prepare and publish a strategy for providing support. I read it as requiring the local authority to communicate the support available, as opposed to the strategy itself—so I was right there.

“Accessible and inclusive” is important too for people with communication difficulties. It is obvious that to have support available, you have to have potential recipients actually know about it. That means putting notices in accessible, everyday places where potential victims will see them. I have seen them on the back of toilet doors, and I would like to see them on workplace notice boards, buses, Tubes and billboards, and in shops and myriad other places. They must be accessible for everyone: in Urdu, Romanian, Greek, African—you name it. In order to be able to read or see a notice, people need it to be there in front of them.

As the noble Baroness, Lady Andrews, said, as well as ease of reading, it is important that we consider all kinds of disability and use more innovative, technical methods of communication. The message must be clear. The noble Baroness, Lady Finlay, also mentioned books without words, which is a very useful idea. That message, “you are not alone”, “help is at hand”, “dial this number”, “go to your pharmacist and ask for ANI”, and so on, could literally be a life saver.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, as the noble Lord, Lord Ramsbotham, said, this short but important debate follows on from the similar issues we debated earlier in Committee on Wednesday. As I said then, we are absolutely committed to ensuring that victims of domestic abuse and their children get the right support to meet their individual needs. People facing communication barriers are, arguably, some of the most vulnerable victims of domestic abuse given the added difficulties and barriers they face in asking for help and accessing the support available, so it is welcome to have this opportunity to explore that further through this amendment.

I share the concerns of all noble Lords who have spoken and can, I hope, reassure them by saying that local authorities’ strategies will be published in line with the regulations on accessibility or, to give them their full title, the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018. These regulations provide guidance and accessibility requirements for public sector websites and apps for mobile telephones. As the noble Baroness, Lady Finlay of Llandaff, said, it is important that public sector bodies keep pace with changing technologies and the variety of ways in which people can seek assistance.

Local authorities will also want to ensure that the information they provide is accessible in other formats for people unable to use websites or mobile devices, including providing information in languages other than English to reflect their local population, as noble Lords mentioned.

The noble Baroness, Lady Andrews, made a valuable point: it is all very well providing support for victims of domestic abuse with safe accommodation and all the rest of it, but some victims may not fully benefit from that support if they face communication barriers in accessing it. It is incumbent on tier 1 local authorities in exercising their functions under Part 4 to ensure that information about the support available is accessible to everyone who needs it. I am very happy to say that we will consider how the issues raised in this debate and earlier in Committee can be properly addressed in the guidance issued.

Having said that and given those reassurances, I hope the noble Lord will be content to withdraw his amendment.

Domestic Abuse Bill

Debate between Baroness Burt of Solihull and Lord Parkinson of Whitley Bay

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 27th January 2021 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

I am glad to have answered the initial question from the noble Baroness. On her second, I think the semantics are probably best considered between now and Report. It is a role of the commissioner to publicise and share best practice, which is why the advice that she gives under these clauses should rightly be made public, and why her criticisms should also be aired publicly. I am sure it will be at her discretion not to include any information which could be harmful, and not to publish a report if she thought that that was the case. As the noble Baroness said, the semantic difference between “advice” and “assistance” can be pondered between now and Report.

[Baroness Burt of Solihull (LD)]

I am grateful to all noble Lords who have taken part in this debate. It never ceases to amaze me, when I read an amendment which sounds like a simple matter, that other noble Lords come at it from different angles, with different issues and perspectives. All of a sudden, we are in a whole different ball game, so I am grateful to everyone who has managed to confuse me this evening.

I am grateful to the noble Lord, Lord Rosser, who emphasised the independence of the commissioner from the Home Office. On the whole issue of reports to the Secretary of State and reports and advice to other individuals, I agree with my noble friend Lady Hamwee that we should take that away and, in conjunction with the Minister, think about exactly how that should be written into the Bill to the best effect for everyone.

Other noble Lords have raised too many issues to go into this evening, so I will finish with the wise words of the noble Lord, Lord Cormack: we should listen to what the Minister has said, digest it and take it away, because at Report, we will be in a better position and will have rehearsed and discussed the arguments. We may well reserve the right to come forward with an amendment at that stage. In the meantime, I beg leave to withdraw the amendment.

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[Baroness Hamwee (LD) [V]]

My Lords, in the debate on the last group of amendments, I referred to the draft framework document, which, with regard to the advisory board, says more or less what is in the Bill. The draft document does not in fact cover a great deal beyond what is in the Bill, although it uses more informal language. But one thing it does say is this. At paragraph 5.19, it refers to the strategic plan and the commissioner’s duty to consult the Home Secretary, among others, stating that:

“Although not prescribed by the Act, the Home Office will provide a response to the Commissioner’s consultation on the strategic plan within 28 calendar days of receipt.”


It is not prescribed by the Act, but we think that it could be. I wonder why this is one of the very few items in the draft framework document that is not in the Bill. Are the Government concerned that, over time, this might slip? I hope not.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, we agree in principle with the spirit of this amendment. As the noble Baroness, Lady Hamwee, has indicated, the draft framework document already requires the Home Secretary to respond within 28 days. We agree that such a response needs to be provided promptly, so that the commissioner can finalise and publish her strategic plan. Where we disagree with the noble Baronesses, Lady Hamwee and Lady Burt of Solihull, is on whether this level of detail is appropriate to put on the face of the Bill.

We submit that it is more properly a matter for the framework document, which must be agreed with the commissioner. The noble Baroness, Lady Hamwee, quoted from paragraph 5.19 of that document, which says that the Home Office will provide a response within 28 calendar days of receipt.

I do not intend to be flippant, but sometimes things take longer than expected. In debating this amendment, we have only now reached the target that we set for the first day of Committee. If things are to be done thoroughly, as they always and rightly are in your Lordships’ House, they sometimes take longer than anticipated. I am happy to give an assurance from the Dispatch Box to the same effect as that set out in paragraph 5.19 of the framework document: the Home Office will provide a response within 28 calendar days of receipt. I hope that, with that assurance, the noble Baroness will be willing to withdraw her amendment.

[Baroness Burt of Solihull (LD)]

My Lords, I and, I am sure, my noble friend Lady Hamwee are very grateful for the Minister’s response and assurances. Obviously we will take that back, and I assume there is nothing to come back on. Certainly, for the time being, we are very happy with that, and I beg leave to withdraw the amendment.

Domestic Abuse

Debate between Baroness Burt of Solihull and Lord Parkinson of Whitley Bay

Friday 24th July 2020 Lords Chamber

[Baroness Burt of Solihull]

To ask Her Majesty’s Government, further to the analysis by Refuge that showed that (1) the National Domestic Abuse Helpline received more than 40,000 calls and contacts during the first three months of the COVID-19 lockdown, and (2) calls and contacts increased by 77 per cent in June, published on 23 July, what plans they have to support victims of domestic abuse.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, the Government have been working closely with domestic abuse organisations since the beginning of the pandemic to monitor the volume of calls to helplines and to ensure that vital support services remain available. We have provided £2 million of funding to ensure that helplines and web-based support remain available at this challenging time, and are working closely with those organisations, the Domestic Abuse Commissioner and the police to understand the impact of Covid on victims and survivors, including as lockdown restrictions are eased.

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

My Lords, emergency Covid funding for violence against women and girls charities must all be spent by 31 October, yet the sector is chronically underfunded and demand has never been higher. It is vital that sustainable long-term funding is delivered with urgency. So can the Government confirm exactly how much money they are making available to back up the new legal duty in the Domestic Abuse Bill to assess the need for and commission domestic abuse safe accommodation services?

[Lord Parkinson of Whitley Bay]

My Lords, the noble Baroness is right to refer to the package of funding that has been announced by the Government to help charities and organisations working in this important sector during the Covid crisis. The Government consistently funded this important work before Covid came on the scene as well—for instance, helping to provide a 10% increase in the number of bed spaces available in refuges. We will certainly continue to monitor the needs of the sector as the pandemic eases.