Domestic Abuse Bill

Baroness Butler-Sloss Excerpts

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

[Baroness Butler-Sloss (CB) [V]]

My Lords, I declare my interests as set out in the register. We are discussing a very good Bill, most effectively introduced by the Minister. It has excellent features—for instance, the commissioner and protection orders. I also commend Clause 50, which gives powers to the family judge under Section 8 of the Children Act 1989. I recognise that, as the Minister said, excellence can be the enemy of the good, but good Bills can none the less usefully be improved, and this is one of them.

I want to highlight several issues. As we all know, domestic abuse is found across all society and in many different situations. Those in a forced marriage often suffer domestic abuse and are clearly within the existing definitions in the Bill, but it is essential to flag up the existence of this group of victims.

The word “domestic”, however, should not be interpreted as meaning solely spouses or partners but should include the wider family and those living within a family. I am delighted to see that “personally connected” in Clause 2 includes relatives, but it should also include guardians. Other groups, too, suffer abuse in a domestic setting. A senior police officer recently reminded me of victims of modern slavery who are in domestic servitude and subject to domestic abuse by the family in which they work and with whom they live. He had come across several such cases, but they are not related to the family and do not, at the moment, come within Clause 2, although they should.

There is a particular problem for women brought from abroad to marry in this country by a ceremony of marriage that is not registered and consequently is not, in English law, lawful. Such women are in a parlous state when they flee their husband. Their immigration status is, at best, uncertain. They may not obtain the protection of a DV rule and have no recourse to public funds. This is a serious injustice.

I am delighted by Clause 3 and the inclusion of children. I remember, as a family judge, hearing the saddest stories, one of which concerned two children sitting in the living room with the TV at full blast so that they could not hear their father hitting their mother in the kitchen. There are, however, other men who live in a household and abuse the women with whom they live. Very often there are children in the family unrelated to these men, as women have multiple, successive partners. Such a situation does not appear to be covered by Clause 3, but abuse takes place to the detriment of this group of children and the clause needs to include them.

It is essential that the domestic abuse commissioner is able to act independently of government. There is a need to have refuges for men who are victims of abuse; there are not sufficient. There also need to be suitable refuges for those fleeing forced marriages, particularly those under 18. As the EHRC points out in its excellent briefing, the proposed statutory duty on local authorities to provide accommodation-based domestic abuse services is too narrow and should include community services. As, indeed, the domestic abuse commissioner has advised that a review by her is not necessary, it is important that sufficient funding is given to local authorities for these services, otherwise other important services suffer.

The Government are to be congratulated on introducing the Bill and I hope that they will be open to listening to how it can be improved.

Migrant Women: Domestic Abuse

Baroness Butler-Sloss Excerpts

Monday 23rd November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I cannot confirm the time but, particularly during Covid, our intention is to get funds to people and to lift any restrictions on recourse to public funds as quickly as possible, so that those people—mostly women—get the support that they need when they need it.

[Baroness Butler-Sloss (CB) [V]]

I refer to my interests in the register. Can the Minister take into account that, among migrants subjected to domestic abuse, there may be those in enforced marriage situations?

[Baroness Williams of Trafford (Con)]

I agree that the two are not mutually exclusive at all. One might assume that, having been forced into a marriage, those women are more vulnerable to specific types of abuse than the general population.

Domestic Abuse

Baroness Butler-Sloss Excerpts

Wednesday 11th November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

My noble friend will know that I would introduce the Domestic Abuse Bill into this House tomorrow if I could, but a number of pieces of legislation need to get through this House. It will probably be early in the new year but I will press—the Leader of the House is sitting there—for that Bill to come to this House as soon as is practicably possible. On the question of children, my noble friend will know that children will benefit from a number of measures in the Domestic Abuse Bill, including—I note what I said in the last answer—the fact that it ensures that they are now recognised as victims in their own right. The Designate Domestic Abuse Commissioner has been appointed to encourage good practice in, among other things, the provision of protection and support for children affected by domestic abuse.

[Baroness Butler-Sloss (CB) [V]]

My Lords, I chair the National Commission on Forced Marriage. When the Government look at funding, will they take into account the special needs of victims of forced marriage, some of whom suffer domestic abuse from their families rather than their partners?

[Baroness Williams of Trafford (Con)]

I am very happy to take back that suggestion from the noble and learned Baroness as we move forward with this.

Project for the Registration of Children as British Citizens v Home Office

Baroness Butler-Sloss Excerpts

Monday 19th October 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I agree with my noble friend that we do not underestimate the significance of the issue of fees for child citizenship and registration as a British citizen to both Members of the House and to those affected. As I said earlier, we keep those fees under review.

[Baroness Butler-Sloss (CB)]

Are those children whose families do not have enough money to pay for British citizenship to which they are entitled liable to be deported when they become 18?

[Baroness Williams of Trafford (Con)]

The noble and learned Baroness is so fixated on what I was going to reply that she is stuck to the spot.

[Baroness Butler-Sloss (CB)]

I am so sorry.

Covid-19: Child Trafficking

Baroness Butler-Sloss Excerpts

Tuesday 29th September 2020 Lords Chamber

[The Senior Deputy Speaker (Lord McFall of Alcluith)]

I call the noble Lord, Lord McColl of Dulwich. No? I call the noble and learned Baroness, Lady Butler-Sloss.

[Baroness Butler-Sloss (CB)]

My Lords, would the Government consider rolling out across the country child guardians for the benefit of the foreign children who have been trafficked here?

[Baroness Williams of Trafford (Con)]

The noble and learned Baroness will probably know that we have already rolled them out in a third of local authorities in England and Wales. That work is progressing, starting with those areas with the highest need in requiring independent guardians for children who have been trafficked.

Asylum System

Baroness Butler-Sloss Excerpts

Monday 28th September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

In an ideal world, we would have been doing face-to-face interviews, but for the simpler cases, if you like, virtual interviews have been more efficient. That is not right in every case, but clearly, we should make the most of our digital capabilities where it is appropriate.

[Baroness Butler-Sloss (CB)]

My Lords, will the Minister see whether the Government will consider giving to victims of modern slavery who have passed successfully through the NRM similar rights to those of refugees?

[Baroness Williams of Trafford (Con)]

The noble and learned Baroness will know that a victim of modern slavery is not necessarily a refugee or someone who needs asylum; many of them are UK nationals. What is important is that victims of modern slavery receive the right support and help to get them out of the situation in which they have become embroiled.

Covid-19: Human Trafficking

Baroness Butler-Sloss Excerpts

Thursday 16th July 2020 Lords Chamber

[Baroness Williams of Trafford]

I mentioned earlier some of the funding mechanisms that will be available. My noble friend is absolutely right that we have seen an unprecedented increase in the number of potential victims of modern slavery being referred to the NRM—in 2019, it was 52% more than in 2018. In response to that, we have surged resources into caseworking teams to ensure that those victims receive the decisions and the support that they need in a timely fashion.

[Baroness Butler-Sloss (CB) [V]]

My Lords, during the Covid-19 pandemic, might it be a sensible move, as well as a way of saving money, not to put children through the NRM?

[Baroness Williams of Trafford]

I agree with the noble and learned Baroness in the sense that we have paused an awful lot of the processes that might be in place for people seeking asylum. Protecting people during this period and making sure they get the support that they need is at the heart of our endeavours. She has a point—children need specific intervention. I am not entirely sure what the position is with regard to NRM, but the Home Office is very focused on supporting children who might be vulnerable.

Violence Against Women

Baroness Butler-Sloss Excerpts

Thursday 25th June 2020 Lords Chamber

[Baroness Williams of Trafford]

My noble friend is right that without a multiagency approach—in other words, government departments coming together—it will be very difficult to tackle this issue. She will know about the troubled families programme, which brings together a lot of different agencies; indeed, through that programme we have unearthed far higher levels of domestic abuse than we first thought. I can also tell her that the Home Office, the MoJ and the MHCLG have all announced funding to support victims. We must work together as a whole Government to tackle this issue.

[Baroness Butler-Sloss (CB) [V]]

My Lords, I declare an interest as chairman of the National Commission on Forced Marriage. Will the guidance suggested set out that violence to women includes those in forced-marriage situations, some of whom are under 18 and may need rather different help?

[Baroness Williams of Trafford]

The noble and learned Baroness is quite right: if they are under 18, they are still children, which makes the issue of forced marriage all the worse. I shall go back regarding the issue of guidance. I cannot say today what will be in it, but I will get some information from my colleagues and will certainly come back to the noble and learned Baroness on that.

Independent Inquiry into Child Sexual Abuse

Baroness Butler-Sloss Excerpts

Monday 22nd June 2020 Lords Chamber

[Baroness Williams of Trafford]

My Lords, there is every justification for looking into some of the institutional failings of the past, which damaged the lives of those children affected. Let us not forget, there have been 4,024 convictions since 2016 for historic allegations of child sexual abuse.

[Baroness Butler-Sloss (CB) [V]]

My Lords, I declare an interest: I was briefly the first chairman of this inquiry, I wrote a report for the diocese of Chichester and gave written evidence to the inquiry. My view is that the inquiry is doing a good job, but what progress has been made on the review of the criminal injuries compensation scheme, which was a recommendation of the interim report?

[Baroness Williams of Trafford]

My Lords, I will have to give the noble and learned Baroness an update on that as I do not, in all honesty, know where it is up to. I agree with her that the inquiry is doing a good job. It is good that the public hearings are due to conclude at the end of this year.

Calais: Refugees

Baroness Butler-Sloss Excerpts

Thursday 2nd November 2017 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I declare my interests, which are registered. I start by congratulating the Government on bringing a considerable number of children to this country. That is admirable, but the Government have a blind spot about Calais and Dunkirk. Last July, the former MP Fiona Mactaggart and I wrote and published a report, Nobody Deserves to Live This Way!, as a result of our visit to Calais in May and a great deal of evidence presented to us in two months. We set out there the parlous state of children in Calais and Dunkirk. What is so sad is that it has not improved, and the brutality of the police is as bad now as it was then. That is set out in our report and in other reports, including a number of French reports, in which French humanitarian organisations are said to be absolutely horrified. As has already been referred to by other noble Lords, the French have put in temporary accommodation for 20 children, but there are 200 in Calais, as I understand it, and some in Dunkirk. Those are unaccompanied children needing help. Many of them have the right to come to this country under Dublin III—the noble Lord, Lord Dubs, has made that point already, but it needs to be made again. For this reason, they are in Calais; they are in Dunkirk. The registration place is 100 km away. How does one expect a 15 or 16 year-old unaccompanied minor to travel 100 km to get registered? This is truly shocking.

There is the danger of exploitation, but I do not talk only about the danger. As someone involved in the issues of modern slavery and human trafficking, I know that many of those children have already been exploited, but they are in danger of being exploited again. What worries me is that so many of them have the right to be here, mainly under Dublin III but many under the wonderful Dubs amendment that, just for a moment, we thought would work; however, only 200 children have come. The Government have a duty at least to deal with Dublin III and to cast a sympathetic eye on the Dubs children. Nothing is being done, and I ask the Minister why not.