(9 months ago)
Lords ChamberI am sorry, but the Minister has not answered the question from the noble Lord, Lord Arbuthnot.
Order. It is the turn of the Cross Benches.
My Lords, as a member of one of the departments is a member of the board of the Post Office, at the relevant time—and the board knew quite early on that Horizon was not working properly—why did that representative not tell the Government, or did he do so?
(9 months, 3 weeks ago)
Lords ChamberMy Lords, shall we hear from the Cross Benches first? Thank you.
My Lords, may I ask the Minister whether, in order to assist affordable housing, some thought should be given to building prefabricated houses?
I know that my noble friend the Minister will discuss that later. It is not quite a matter for debate now.
My Lords, I remain concerned about the child impact assessment. The Chief Whip said that it will come before the end of Report. The next day of Report is Monday, and the last day is Wednesday. If we do not get it until Tuesday evening, for instance, many of us who have spoken on child matters may have a very limited opportunity on the last day of Report to express any view whatever on the impact assessment. I am extremely concerned that we have not had it.
As I said to the noble Lord, Lord Kennedy, I undertake to get it early next week—Monday, if possible.
(2 years, 3 months ago)
Lords ChamberMy Lords, I am not at all sure that I am allowed to speak, and I seek the approval of the House. The reason that I arrived late was that I was having an MRI scan for a bad back. Am I too late to speak?
The noble Baroness is looking at me and I guess I am a bit of a soft touch.
I am very grateful and it was only because I had a bad fall last week and went for an MRI scan. I took the first taxi back to be here.
What saddens me is that this Government are enormously to be praised for the Modern Slavery Act. It was the work really of the then Prime Minister Theresa May and we should be grateful to her that we have led the way across the world. That makes these regulations very sad.
I went with Romanian police and the Metropolitan Police down the Edgware Road, where a Romanian Roma gang was exploiting 20 or 30 Romanian women, who were begging. It was a fantastic coup by the Metropolitan Police and eight men went to prison, I am glad to say. That was modern slavery, but it is not included here. Begging, debt bondage and benefit fraud—and some others, but particularly those three—are contained as part of modern slavery. This case some years ago was a very typical example of serious modern slavery, but it would not be within these regulations, as far as I can see.
(2 years, 7 months ago)
Lords ChamberMy Lords, I thank all noble Lords who have spoken in this debate. I thought I would start by talking about time on debates. This House does spend time on debate. We have gone on until 2 am, 3 am and, once, 4 am in debate. We do not curtail it.
The Government have given way on this Bill in a number of ways. I am very glad my noble friend Lord Cashman—he is my noble friend—is in the Chamber because one thing we have worked on over far too many years is the disregards for historical offences by LGBT people that are no longer offences today. I am incredibly proud that we have secured that through this Bill. To go back to the point from my noble friend Lord Deben about the Secretary of State saying which things they want to get through, I am not going to try to thwart the will of the Home Secretary; I approached her personally on this matter. She had no hesitation in giving way and helping us promote that through this House. I am very glad it has gone through already. We have short memories sometimes; we forget what has gone through on Report. Just this morning we conceded on the PACE powers, and what we are down to is the sticking point on two matters—powers that are vested in the police, not the Home Secretary.
I am pleased that Amendments 58C to 58E have found favour with the noble Lords, Lord Rooker and Lord Coaker, and I am very grateful to the noble Lord, Lord Russell, for his very constructive approach to the issue of the police recording offences aggravated by sex or gender. I do think, through this Bill—not legislatively but through a practical solution—that we have a good way forward. We can all agree the outcome we want to see, which is the collection of data that is usable, useful and consistent. I have outlined that it is not straightforward. I also acknowledge the detailed questions he sent to us yesterday afternoon. I am afraid that, in the short time available, we have not had the chance to consider them, but we will do so and provide him with answers as soon as possible and keep the House updated.
The two outstanding public order measures have been subject to extensive debate and scrutiny in this House and the other place for close to 13 months. The noble Lord, Lord Coaker, asked whether removing “serious unease” risks watering down the threshold, as the qualifier “serious” will no longer apply to alarm or distress triggers. That is not the case: the adjective “serious” can be applied only to the unease trigger, not to the alarm or distress triggers. He seeks to caricature these provisions with his point about double-glazing. The House found him very amusing, but it is not a double-glazing test. The Bill provides that, in determining whether the level of noise may have a significant impact on persons in the vicinity of a protest, the police must have regard to, among other things, the likely intensity of the impact.
The factsheet we have published to aid understanding of these provisions is not guidance for the police. A noisy protest outside a building with double glazing will have less of an impact on the occupants of that building than if there is no double glazing. That is a statement of the obvious but is a matter of judgment for the police on a case-by-case basis. The tests to be applied are clearly set out in the Bill and the police are well versed in applying similar tests in other contexts. The elected House has now reconsidered the amendments on public order a second time and has insisted on its disagreement with the relevant Lords amendments, but in the spirit of compromise it has put forward a constructive amendment to address concerns about the drafting of these provisions. I urge the House to accept this amendment.
I assure my noble friend Lord Cormack that in the normal way, this Bill will be subject to post-legislative scrutiny three to five years after Royal Assent. On the issue raised by the noble Baroness, Lady Fox, the Bill also increases the maximum penalty for obstructing the highway. To answer my noble friend Lord Deben, we have honoured the deal. The Government have listened in so many ways on this Bill, as I have illustrated with a couple of examples, but part of this deal is that ultimately, the views of the elected House should have primacy. I say to the noble Baroness, Lady Wheatcroft, that, as I said earlier, the powers are vested not in the Home Secretary but in the police.
I note that the noble Lord, Lord Paddick, has also put forward his own compromise Amendment, 80J, which would enable the police to set conditions prescribing the start and end times of an assembly, as proposed by the Joint Committee on Human Rights. In our response to the JCHR report, we quoted from the HMICFRS report on the policing of protests, which said that
“protests are fluid, and it is not always possible to make this distinction”
between assemblies and processions.
“Some begin as assemblies and become processions, and vice versa. The practical challenges of safely policing a protest are not necessarily greater in the case of processions than in the case of assemblies, so this would not justify making a wider range of conditions available for processions than for assemblies”.
Given the findings of HMICFRS and the evidence provided by the police, we continue to believe that it is necessary and proportionate to ensure that the police have the power to place the same conditions on assemblies that they do on processions, and in addition to specifying the start and end time of—
I am sorry to interrupt the Minister. What is the point of a factsheet if the police are not to take account of it?
My Lords, it is intended to be helpful. Going back to something the noble Lord, Lord Blunkett, said at Second Reading, which seems like an age ago now, we must provide clarity to the police. I totally agree with the points he made then.
Given the findings of HMICFRS and the evidence provided by the police, we still think it necessary and proportionate to ensure that the police have the power to place the same conditions on assemblies as they do on processions. In addition to specifying the start and end time of an assembly, as provided for in Amendment 80J, or the place where the assembly may take place and the maximum number of participants, as the 1986 Act currently provides for, it should be left to the operational judgment of the police to apply other necessary conditions—for example, conditions prohibiting the use of lock-on equipment where this could cause serious disruption to the life of the community.
This House has fulfilled its responsibilities as a revising Chamber, and I commend noble Lords for the time they have taken in scrutinising the Bill. It is now time for this Bill to pass.
(2 years, 8 months ago)
Lords ChamberAs my noble friend will know, the picture of knife crime is not a simple one. Many factors drive the use of knives, both as regards victims and perpetrators, but there is no doubt that county lines drug-running does increase their usage.
My Lords, I ask the Minister whether the Government are helping youth clubs.
I am sure that the noble and learned Baroness knows about some of the youth interventions we are putting in place, including in youth opportunities. We are investing £200 million in a youth endowment fund to ensure that those most at risk are given the opportunity to turn their lives away from violence and lead positive lives.
(2 years, 11 months ago)
Lords ChamberMy Lords, I suggest to the Minister that, before making misogyny a hate crime, it would be wise to look more widely at the various offences that already exist and to add this if it is appropriate, or possibly to widen some other offence to include it. There is a grave danger, as has been said, of making too many offences.
The noble and learned Baroness is absolutely right, and we look forward to the Law Commission’s recommendations in this area.
(3 years ago)
Lords ChamberMy Lords, we are making the point that France is a safe country.
My Lords, what are the Government doing about unaccompanied minors who want to join their families in this country?
My Lords, the noble and learned Baroness makes a really important point about unaccompanied minors. I pay tribute to the work of the noble Lord, Lord Dubs, in this area. We will always try to give unaccompanied asylum-seeking children refuge where it is needed. There will always be scope for an exemption from temporary protection status if it could not have been reasonably expected that they would come directly or claim without delay. All UASCs will be exempt from any no recourse to public funds requirement.
(3 years, 3 months ago)
Lords ChamberMy Lords, I do not have exact information for my noble friend. I totally agree with her that there may have been a lot of things going on behind closed doors that we do not yet realise. Clearly, we are opening up a bit more next Monday and, horribly, some of these things will come to light. But I will get her information on just how much one-to-one engagement has been done during the pandemic, because of course there is social distancing to be cognisant of as well.
I declare an interest as chair of the National Commission on Forced Marriage. I ask the Minister to look at ensuring that the strategy for older people includes the special needs of older victims of forced marriage.
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.
(3 years, 8 months ago)
Lords ChamberMy Lords, I declare my interest, as set out in the register, as chair of the National Commission on Forced Marriage. I ask the Minister that any guidance on training that is given to local authorities has added to it that some women may be victims of forced marriage and may therefore need some specialist support.
I can certainly look into that for the noble and learned Baroness and ask that it be included.
(3 years, 9 months ago)
Lords ChamberMy noble friend is right that a lot of domestic abuse happens when alcohol has been taken, hence the police and the Government are very much alert to the probability that levels of domestic abuse will increase when there are big events such as the World Cup. Of course, lockdown has also meant an increase in drinking for some people. The Home Office and the Government are very concerned for the welfare of people who may be stuck at home, notwithstanding the Prime Minister’s statement that you do not have to remain in your home if you are the victim of domestic violence. On how we can ameliorate alcohol abuse through the various things that we might require perpetrators to do, a domestic abuse protection order may specify alcohol abstinence—or there may be tagging, as my noble friend said—and on breach it becomes a criminal matter.
I refer to my interests in the register. This is a very helpful Statement from the Minister, but I ask her to include forced marriage in government strategy, communication and training programmes. Will she also look at the position of some wives whose marriages are not registered and therefore fall outside the spousal domestic violence immigration status?
I am acutely aware of the woman who finds herself either in a forced marriage or in a marriage that is not actually a legal marriage at all. One thing that will be very important for ensuring the passage of the Domestic Abuse Bill will be to keep it focused on the issue of domestic abuse. I am not in any way saying that forced marriage is not a form of domestic abuse, but certainly there are laws against forced marriage, and it is something that the Home Office is acutely aware of.
(3 years, 11 months ago)
Lords ChamberI 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.
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?
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.
(3 years, 11 months ago)
Lords ChamberMy 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.
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?
I am very happy to take back that suggestion from the noble and learned Baroness as we move forward with this.
(4 years ago)
Lords ChamberI 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.
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?
The noble and learned Baroness is so fixated on what I was going to reply that she is stuck to the spot.
(4 years, 1 month ago)
Lords ChamberMy Lords, would the Government consider rolling out across the country child guardians for the benefit of the foreign children who have been trafficked here?
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.
(4 years, 1 month ago)
Lords ChamberIn 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.
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?
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.
(4 years, 3 months ago)
Lords ChamberI 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.
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?
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.
(4 years, 4 months ago)
Lords ChamberMy 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.
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?
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.
(4 years, 4 months ago)
Lords ChamberMy 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.
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?
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.