Retained EU Law (Revocation and Reform) Bill

Debate between Baroness Butler-Sloss and Baroness Altmann

Consideration of Commons amendments
Tuesday 20th June 2023 Lords Chamber

[Baroness Altmann (Con)]

My Lords, I apologise to my noble friends on these Benches, particularly my noble friend Lord Hodgson. I have the opposite conclusion from the one at which he arrived. My noble friend suggests that it could be game over if we vote once again to ask the Commons to think again. As far as I can see, if we agree to this, it could be game over for us anyway. The Government’s arguments are that if we do not accept their position, these changes will delay the repeal of retained EU law and have also argued that sufficient scrutiny measures are already in place. We know that is not the case.

Giving almighty powers to Ministers to bypass Parliament upends the norms that have governed our country and given us the international reputation we have built. The possibility of allowing any Minister to revoke secondary legislation, just because it happens to emanate originally from the EU, confuses the issue of leaving the European Union with the issue of parliamentary democracy. A Minister could make, change or repeal laws or rules that they consider appropriate, according to this legislation, regardless of Parliament’s view and regardless of whether that Minister even has any expertise in the areas so well outlined by the noble and learned Lord, Lord Hope, such as public health, agriculture, fisheries and blood safety.

The noble and learned Lord’s amendment gives the House of Commons the last word. This is an existential issue beyond politics, and I urge noble Lords to think beyond this Parliament too. If we set this precedent now for this Government, presumably nothing can stop that precedent being used against these Benches, or in some other unacceptable manner, in the future. That could happen if we give up the idea that Parliament must make the rules, rather than Ministers.

[Baroness Butler-Sloss (CB)]

My Lords, over the years I have sat in this House, I have become increasingly concerned about the powers which have been taken by successive Governments, particularly this Government, to the detriment of both Houses of Parliament. It seems extraordinary to me that the House of Commons has not yet appeared to realise the extent to which it, quite apart from us, is being marginalised. This is a very concerning matter. It goes, as my noble friend Lord Pannick said, far beyond the politics; this is a constitutional issue about the rights and powers of both Houses. This is just one example—the latest and one of the most disturbing—which this House has seen over a number of years.

I support both amendments, but particularly the amendment of my noble and learned friend Lord Hope. We really have to remind the House of Commons, the other place, what is happening to it as well as to us.

Environment Bill

Debate between Baroness Butler-Sloss and Baroness Altmann

Consideration of Commons amendments
Tuesday 9th November 2021 Lords Chamber

[Baroness Altmann (Con)]

My Lords, on Motion C, I too congratulate my noble friend the Duke of Wellington on all his amendments throughout the passage of the Bill to which I have added my name. It has been a pleasure to work co-operatively across the House, including with the noble Baroness, Lady Quin, and the noble Lord, Lord Oates.

Indeed, noble Lords’ scrutiny has achieved many important improvements. I therefore thank our excellent Ministers—my honourable friend Rebecca Pow in the other place and my noble friend the Minister—my noble friend Lady Bloomfield, and the entire Bill team for their engagement, hard work and willingness to be persuaded to finally accept the need to place duties on the water companies. I also commend the work of my honourable friend Philip Dunne in the other place, who did so much to move this forward.

At last, the Bill places a direct legal duty on the water companies. The government amendment seems to me to produce what we and my noble friend the Duke of Wellington were aiming to achieve with the most recent amendment. There is considerable public concern that the Environment Agency is not using its existing powers, has relied too much on self-reporting and has consistently tolerated repeated illegal discharges which damage our waterways and public health. I am grateful to the Government that they have now specified both the environmental and human health aspects.

It will also, as other noble Lords have said, be important to monitor and oversee sewage discharges far more rigorously and to track and reduce such unacceptable discharges so that companies do not rely on not being caught as the most cost-effective way to proceed. I have sympathy with the frustrations of the noble Lord, Lord Adonis, and the noble Baroness, Lady Bennett, but I believe that, although in an ideal world we would not want to start from here, we are not dealing with the situation that we would all wish to see. After years of neglect and companies having behaved so egregiously, I do not believe that this can be addressed instantly. Therefore, it will take time to undo the neglect. I believe that the Government must and will take the necessary actions, but of course we will see over time.

Currently, we have two excellent Ministers who are committed to the aims of the Bill, for which I am most grateful. I also briefly congratulate the noble Lords, Lord Krebs and Lord Anderson, on the pressure they have put on to improve the independence of the OEP. Overall, I believe that this House has achieved a significant amount. We have pushed the Government as far as we possibly can, and I hope that we will now accept the government Motions and be rightly proud of this landmark Bill.

[Baroness Butler-Sloss (CB)]

My Lords, I have rightly stayed silent up to now, having been content with listening, as I have done throughout. I think noble Lords are hugely to be congratulated for encouraging and indeed pushing the Government into a much more favourable position which I think, as the noble Baroness has just said, we ought to accept. I remain particularly concerned about one thing: the discharge of sewage into rivers and chalk streams. How on earth will the Government really see that this is properly monitored? Because if it is not monitored, it is a waste of time.

Domestic Abuse Bill

Debate between Baroness Butler-Sloss and Baroness Altmann

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 25th January 2021 Lords Chamber

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

My Lords, first, I want to apologise for my intervention on Amendment 1, which was quite inappropriate. I stupidly misunderstood, and I apologise.

I support Amendments 2 and 4. False allegations, of the severity of which the noble Baroness, Lady Meyer, has spoken, are abusive to the other parent, who is the victim—and, of course, they have extremely adverse effects on the children. As a former family judge, I found those cases not only very serious but distressing. In some, it was impossible to achieve an outcome of a relationship between the child and the parent whom the child had been taught to loathe, despise and have nothing to do with. It was very distressing.

It is important, however, to recognise that these are a minority of cases. It is equally important to recognise, as the noble Baroness said, that they can be used as a defence against genuine allegations of domestic abuse. I got an email this morning setting out how a woman had clearly been abused but the man kept telling the court that it was parental alienation and he was not prepared to accept that he had been guilty of abuse.

In the majority of cases, the reason for non-contact or limited contact between a parent and their child should be the implications of domestic abuse. It is important, however, to leave discretion over contact and looking at parental alienation to the judges. The judicial college might consider whether for some judges, at some levels—not the High Court—there is adequate judicial training in this complicated subject. A little more time might be spent teaching magistrates, district judges and circuit judges a little more about it.

[Baroness Altmann (Con) [V]]

My Lords, I congratulate the Government on introducing the Bill, which is designed to help victims of domestic abuse across the country with comprehensive measures that introduce enhanced protections against, and recognition of the suffering of victims of, many forms of abusive behaviour. I support the aims of the Bill and, alongside many victims, eagerly await its introduction.

I rise to speak to Amendments 2 and 4, to which I have added my name. It is a pleasure to follow the noble and learned Baroness, Lady Butler-Sloss, and I thank my noble friends on the Front Bench for engaging with us on this issue. I hope we may continue discussions before Report.

The Bill’s first four clauses provide a broad definition of domestic abuse and concentrate on behaviour rather than definitions or syndromes. These amendments were excellently introduced by my noble friend Lady Meyer. The whole Committee must have been moved by her explanation of the way this issue has impacted on her. Clause 1(3) identifies psychological, emotional and other abuse but does not mention the behaviour described in these amendments, which we call alienation or, specifically here, parental alienation. If children are used as a weapon by an abusive parent against another parent and the wider family, this is surely domestic abuse and belongs in the Bill.

A network of leading international and UK experts in several professional fields, after consultation with other professionals and stakeholders involved with parental alienation and child psychological abuse, have produced a paper which we are happy to share with interested noble Lords. It concludes that parental alienation is most readily described as a range of behaviours and is not a syndrome, as some people like to call it. It is both child abuse and domestic abuse, but not a diagnostic label, which supports our aims of identifying it in the Bill.

Parental alienation has been confirmed by Cafcass as being both child abuse and domestic abuse, involving clear coercing and controlling behaviour. Fathers, mothers and other family members can be perpetrators and victims, but the children are always the victims. In its helpful briefing to Peers, Cafcass explains that parental alienation is a description of an array of behaviours, processes and outcomes when a child’s resistance or hostility towards one parent is not justified and is the result of psychological manipulation through a range of abusive behaviours by the other parent.

I recognise that there is controversy surrounding this issue, which saddens me. My noble friend Lady Meyer dealt with a number of the issues that have concerned us, including what appears rather a one-sided assessment of the case against parental alienation. Of course, it is possible that abusive fathers will use this in the context of family courts to commit further abuse against a mother trying to protect her children, but the Bill is about domestic abuse; fears of allegations being falsely made are inherent in much legislation yet surely cannot be a reason to decline to legislate.

Responsible legislators must not be biased in favour of one group or another but should be mindful of the broad sweep of issues that need to be considered. Even if there are egregious examples of women being abused by this kind of alienation, there are many men, and children and wider families, who also need protection against this abuse. It is important that each allegation is carefully examined by the court at an early stage. Sometimes, there is both psychological abuse by alienation and physical or sexual abuse in the same family. But there is a lack of reliable evidence—as opposed to anecdotes by parents who may regard court decisions wrong—that men or women are more likely to raise false allegations, or that courts systemically prefer fathers or mothers. Therefore, what is relevant, and beneficial to the Bill, is to require proper exploration of alienating behaviours, so that these can be observed by mental health professionals, together with family judges and lawyers across the UK in identifying cases where parental alienation or alienating behaviours have occurred.

I agree with the noble and learned Baroness, Lady Butler-Sloss, that it would be helpful to have enhanced judicial training to identify and understand these behaviours, but it is essential that qualified professionals assist the court with assessing whether there is this type of abuse and identifying problems of alienation at an early stage, before the psychological impact becomes ingrained in children and does dreadful long-term damage, which has been described as being associated with this issue. I hope we may discuss this further with other noble Lords and the ministerial team to make progress on this matter for Report.