(1 week, 1 day ago)
Lords Chamber
Lord Blencathra (Con)
My Lords, I will speak to the proposed new clauses in my Amendments 271C, 271D and 271E. I congratulate my noble friend Lady Maclean on her excellent amendments. She also has the advantage of that wonderful name of the great Highland clan the Macleans of Duart, which I used to have myself.
I was inspired to table my amendments when I read properly the brilliant but frightening report from the noble Baroness, Lady Casey of Blackstock. I had skim-read the media reports and the government comments on it when it was published, but it was not until recently, when I read the report properly, that I had confirmed to me the full horror of the conspiracy by those in lawful authority who had covered up child rape for the last 30 years. The noble Baroness, Lady Casey, said in blunt terms what we all knew was the case but were afraid to say in case we were accused of racism or Islamophobia. We could all see from the various court convictions that 90% of the perpetrators were Pakistani Muslim males and the victims were almost exclusively young white girls.
The noble Baroness, Lady Casey, pointed out that around 500,000 children a year are likely to experience sexual abuse of some kind. The police recorded data shows just over 100,000 offences of child sexual abuse and exploitation recorded in 2024, with around 60% of these being contact offences. We know that the sex crimes reported to the police are just the tip of the iceberg. The national police data confirms that the majority of victims of child sexual exploitation are girls—78% in 2023. The most common age for victims is between 10 and 15 years-old—57% are between 10 and 15 years old, for God’s sake. Putting that together suggests that, of just those reported to the police, we have at least 60,000 little children every year being victims of contact sexual abuse—and what an intriguing term that is. Let us start calling it out for what it really is.
The noble Baroness, Lady Casey, said:
“That term ‘group-based child sexual exploitation’ is actually a sanitised version of what it is. I want to set it out in unsanitised terms: we are talking about multiple sexual assaults committed against children by multiple men on multiple occasions; beatings and gang rapes. Girls having to have abortions, contracting sexually transmitted infections, having children removed from them at birth”.
These children were not abused by these Pakistani rape gangs. They were raped, raped and raped again by people who believed that the girls who were not Muslim were just prostitutes, deserving to be raped. Therefore, I say that “child abuse” is far too mild a term to describe the evil of what is happening. Abuse can expand over a wide range. It can be heavy smacking, not feeding a child property or failing to give love, care and attention. These things are bad in themselves, but we must make sure that we use the right terminology when talking about rape and sexual assault.
That is why I have tabled the proposed new clause in my Amendment 271C. The important words in it are “investigating authority”. Of course, after investigation, if the police find evidence of rape or sexual assault, the accused will be charged with those specific offences. The CPS will also use those correct terms. However, we have seen, time and time again, that the police, in their initial statements, say they are investigating “child abuse” and have a person or persons in custody with regard to “child abuse”. That is what the media are told and that is the message we get on our screens and in the press. By the time the police eventually say the person or persons have been charged with rape, the damage has been done. We all relax somewhat: just a bit of abuse, nothing to worry about.
The noble Baroness, Lady Casey, said:
“That is why I want the legislation on rape tightened up so that an adult having penetrative sex with a child under 16 is rape, no excuses, no defence. I believe many jaws across the country would drop if it was widely known that doing so is called anything but that”.
I am pleased to see that my noble and learned friend Lord Keen of Elie and my noble friend Lord Davies of Gower have tabled Amendment 271B, which does exactly that. My proposed new clause is complementary, in a way: if a person is under investigation for child rape, let the police say that at the outset and not give the impression that it is something lesser.
The new clause proposed in my Amendment 271D sets out details on the full and proper investigation of historical child sexual abuse. I have used the commonly used term “historical”, but I do not like it either: it gives the impression that it is something way in the distant past, like the Battle of Waterloo. The proper terminology would be, “investigation of past child sexual abuse cases which were not properly investigated at the time”, since that is what we are talking about. It is not a very sexy title, but that is the reality.
I know that the National Crime Agency is looking at some of these past cases, and nearly 1,300 previously closed investigations involving allegations of group-based child sexual abuse and exploitation are currently being reviewed in Operation Beaconport, but my proposed new clause gives them wider authority.
We have all heard about Rochdale, Rotherham, Aylesbury and Telford, but there are at least 30 local authorities where child rape by gangs took place. Apparently, 23 police forces have submitted cases to the NCA, and the Met itself is looking at 9,000 cases. However, it seems that the NCA is looking only at police forces, when the conspiracy to not investigate and to cover up was led in many cases by elected councillors, local authorities and children’s homes.
I quote the noble Baroness, Lady Casey, again:
“I met many victims of child sexual exploitation when I conducted the inspection of Rotherham Council in 2016. I was outraged, shocked and appalled at their treatment—not only at the hands of their vile abusers, but at the treatment afforded them by those who were supposedly there to help, and to be accountable, such as their police force and their council. Those responsible in Rotherham denied any wrongdoing and tried to shirk accountability”.
She went on to say that
“I assumed we would all wake up to the fact that these were abused children and it would mean that the police, councils, health and other agencies would do their damnedest to make sure these victims were given as much care, respect and chance at justice as possible”.
Note her words: she thought that not just the police but
“councils, health and other agencies would do their damnedest”
to stop it, but they did not. In fact, we have seen from many cases that councils, councillors and their staff did their damnedest to conspire with some police forces to turn a blind eye, reduce and drop charges and cover up. The excuse was not to offend community relations and prosecute the mainly Pakistani men doing the raping.
So it is essential that the NCA, since there is no one better qualified to do it, has the powers in my proposed new clause to investigate all persons in lawful authority in the organisations I list in proposed new subsections (1) and (5), not just the police. These are
“staff of local authorities of whatever rank … elected council members of local authorities … police officers of all ranks … any police support staff … owners or managers of homes for children in care”.
Of course, the proposed new clause gives the NCA powers to get all papers and emails and sets penalties for any person trying to obstruct its inquiries.
Finally, the new clause proposed in my Amendment 271E is on offences and penalties. I need not go through them all, but I have listed eight different offences, ranging from failure to investigate and dismissing charges improperly up to and including bribes or sexual favours and the conspiracy to cover everything up.
I did not conjure these up from thin air: all these suggested offences are based on reports of crime cases and convictions, and these were allegations made in court and accepted as truthful—but then nothing was done about them. The persons were convicted of child rape or sexual assault, but then no one investigated the police or the council officers who failed to investigate or covered it up, and we have tens of thousands of cases which never got to court because of failures of investigation and good cover-ups.
Where any of these people were acting alone, I suggest a sentence of up to 10 years. However, where there was a conspiracy, with any of these people acting in concert to commit any of the offences in my list, the only penalty, in my opinion, can be up to life imprisonment. This has to be separate from the offence of perverting the course of justice, where the maximum penalty is generally seven years. I think that the heaviest sentence ever given for perverting the course of justice was 12 years for someone who planted incriminating evidence on an innocent person.
There is already a power to remove all or part of a police officer’s pension if the officer has been sentenced for a crime. Then the Home Secretary can initiate a procedure. We need to make it clear that that power can be used against any police officers and local authority employees who may be convicted of any of the crimes I have listed.
Some, perhaps many, noble Lords and the Minister will say that these penalties are far too draconian. Of course, they are draconian, and they need to be. What we are looking at are some of the vilest crimes committed against children short of murder.
The noble Baroness, Lady Casey, said:
“When those same girls get older, they face long-term physical and mental health impacts. Sometimes they have criminal convictions for actions they took while under coercion. They have to live with fear and the constant shadow over them of an injustice which has never been righted—the shame of not being believed. And, with a criminal justice system that can re-traumatise them all over again, often over many years. With an overall system that compounds and exacerbates the damage; rarely acknowledges its failures to victims. They never get to see those people who were in positions of power and let them down be held accountable … What makes child sexual exploitation particularly reprehensible, is that is consists of both formal and informal groups of men preying on girls, coercing, manipulating and deceiving them in pursuit of sexual gratification and power”.
News reports and inquests have detailed specific instances, such as the case of Charlotte Tetley, a survivor of the Rochdale grooming scandal who, after years of mental health struggles and self-harm, took her own life as an adult. Another victim, an anonymous woman, described having
“a lot of problems in the past, suicide attempts and drinking”
due to the abuse she suffered as a vulnerable teenager. Major studies and reports consistently find that survivors of child sexual abuse are at a significantly higher risk of suicide attempts than the general population. All those abusers have escaped any investigation or sanction and are in the same vile box as the rapists who raped all those children. They need to be investigated and prosecuted and to get exemplary sentences.
I am conscious that I am exceeding the 10-minute limit, but I hope the Committee will bear with me because there a couple more minutes to go. I promise that in the next debate I will speak for less than 30 seconds.
Over the past 30 years, 60,000 girls have been raped every year. We are appalled at Ukraine, where Putin has kidnapped 20,000 people and soldiers have raped about 4,000 over the past three years.
Finally, I look forward to hearing the wise words of my noble friend Lady Cash. It was two or three years before she qualified as a barrister that we created a precedent for prosecuting and bringing to justice those who committed crimes in the past. We passed, by the Parliament Act, the War Crimes Act 1991, after this House blocked it for many good reasons. We prosecuted one person under it, a 78 year-old Belarusian SS man called Anthony Sawoniuk. He murdered 18 Jews—well, he murdered a lot more than 18 Jews, but those are the ones we got names for—and we punished him. He was convicted and given a life sentence in grade C Norwich Prison, with three meals a day and his healthcare needs taken care of, and he died peacefully at age 84. Of course, the only appropriate punishment for him would have been if he appeared at Nuremburg and was hanged with all the others. We have a precedent for going back 50 years to bring to justice a war criminal who was not even British at the time it was done, so I hope that we will accept my noble friend’s view that we need to look back at historical cases and bring them forward.
Penultimately, the noble Baroness, Lady Casey, talked about taxis. I am afraid we have not got an amendment on taxis, but I want to get one. Let me conclude with these words from the noble Baroness, Lady Casey,
“one thing is abundantly clear; we as a society owe these women a debt. They should never have been allowed to have suffered the appalling abuse and violence they went through as children. This is especially so for those who were in the ‘care’ of local authorities, where the duty to protect them was left in the hands of professionals on the state’s behalf”.
These women are now in our care. It is our duty in this Parliament to ensure that they get justice for the appalling crimes they suffered.
Baroness Cash (Con)
My Lords, I support the amendments in this group, and I shall speak to the four amendments in my name. Those are in two parts. Amendments 288A and 288B are directed to the reporting of child sexual abuse and child criminal exploitation. The purpose of the amendments is to act. We have to actually do something since we have had so many reviews and inquiries.
(1 month, 2 weeks ago)
Lords Chamber
Baroness Cash (Con)
My Lords, I believe—well, I hope—that there is one thing that all Members of this noble House agree upon: that none of us wish to see the rise of the far right or of any political movement that feeds upon public fear and the failures of our institutions. Yet that is precisely what is happening in the UK today.
I have come here today to address what is not in this Bill, which I believe is a missed opportunity to address some of those most significant and pressing issues of our time. The public have lost faith in the even-handedness of policing and the moral courage of those in authority. When people see double standards—or two-tier standards—resentment grows, and trust dies. This Bill is a chance to restore that trust, to ensure that the criminal justice system in Britain is not captive to ideology and not paralysed by fear any more.
I commend much in the Bill, but so far it fails to address the underlying causes of what is known by the public and by our media as two-tier policing. We are failing to confront too many uncomfortable truths, and we have seen where that fear leads. In Rotherham and Telford, thousands of children—and we are still counting, by the way—were abused while officials looked away. The Jay and Casey reviews both record that professionals were nervous about
“identifying the ethnic origins of perpetrators for fear of being thought racist”.
One police officer put it more bluntly—that it was “safer to do nothing”. Let me repeat that: it was safer to do nothing. That single sentence should haunt us, and I hope that that sentence will hang over this House while we scrutinise and look to close the gaps in this Bill.
What a time to have a debate about introducing a definition of “Islamophobia”. I remind noble Lords that the noble Baroness, Lady Casey, for her efforts, was voted “Islamophobe of the year”. It is not right that those who have the courage to address these issues are attacked and accused of being racist for that. I know that the noble Baroness, Lady Levitt, will take these issues seriously, and I hope that we can work together to address them.
The same paralysis has cost lives in honour-based abuse. The murders of Banaz Mahmod and Shafilea Ahmed are just two examples. Both young women sought help and both were dismissed as family disputes—and both were killed. The Government have promised to define honour-based law, and that is welcome, but definition without duty is not protection. We will need clearly spelled-out statutory obligations to act, report, share intelligence and intervene—likewise with grooming.
I am running out of time. Even as the police have shrunk from appalling crimes, they have continued to prosecute non-crime hate incidents—I support everything that has been said on that. It is part of the same issue, and we need to show the courage that this country needs so that we do not end up driving voters into the arms of something less savoury. Why, in the current climate, would anyone do what the Casey or Jay reports urge? The very definition of two-tier policing is that fear has dictated who is protected and who is silenced.
(4 months, 1 week ago)
Lords Chamber
Baroness Cash (Con)
My Lords, I support Amendment 147, which is in the name of the noble Lord, Lord Burns. Conscious of time passing this afternoon and the fact that we have a lot to get through, I will make two points.
We debated this at some length in Committee, but it is clear that the European Court of Human Rights has repeatedly affirmed that the freedom of association under Article 11—which is now, of course, incorporated into our own law—includes the right not to be forced into a political association or compelled to subsidise political causes, as well as the right to do so. To ensure that we have the right cases on the record, I note that in Young, James and Webster v the United Kingdom, in Sørensen and Rasmussen v Denmark, and in Sigurjónsson v Iceland, the court found that even indirect compulsion —which is an opt-out mechanism, as one of those cases found—where individuals are financially or contractually locked into supporting ideological activity, even temporarily and regardless of how short that period may be, is incompatible with Article 11.
Worse than that, these principles have been shown, through a lot of research, to damage the well-being of employees. Union affiliation with a political party increases the perception of coercion, according to a field study conducted by Taylor and Bain in 2019. The intrusion of party-political activism into the workplace, whether through political fund default enrolment or visible partisan campaigns—or, incidentally, even just union communications—has been shown to undermine employee well-being, trust and cohesion. It impacts on mental performance, and we should note the problem that this country already has with sickness benefits. To do this and to regress to a position of an opt-out will have the most negative and wide-reaching of effects, so I support the amendment.
Yes, not again—we rehearsed that in Committee. However, those cases do not support the proposition that the noble Baroness advanced. The case of Young, James and Webster v the United Kingdom concerned three railway workers, who were compelled to join a trade union against their wishes—a closed shop—and the European Court of Human Rights held that they should not be compelled to do so at the risk of losing their jobs. It had nothing to do with making political payments or being associated with a political party.
Baroness Cash (Con)
The noble Lord is right that that is what the case was about. However, one of the factors in the judgment was the absence of a refund mechanism. I recall a rather fun debate between the noble Lord and me in Committee, which I hope we will not exhaust everyone by repeating today; however, it is really important that this is clarified. Article 11 will be engaged if the measure in the Bill is done; it is regressive and wrong in law and it will be subject to legal challenge. The European court found that it engages Article 11 where there is no refund mechanism. If the Labour Party or a political fund retains the subscription for even one second, it will have engaged unlawfully with Article 11.
My Lords, the difference is that, if you are a member of a trade union, you can leave the trade union. There is no compulsion to remain a member of a trade union. If you do not like paying the political—
Baroness Cash (Con)
My Lords, I will intervene once more and then that will be it, because I do not want us to repeat the ping-pong we had between us in Committee—I am sure that we can take it outside, as they say. It is of course completely normal for noble Lords in this House to disagree at times.
I want to clarify that I am not saying that this compels someone to remain a member of a union—that is not what is happening here. The way that the Bill is drafted allows the payment to be taken by the union and provides for no refund mechanism. There is a minimum period of one month before the notification of the opt-out is received, and then a permissible further cycle of salary is allowed before the subscription is stopped. There is no mechanism for a refund. So, in any opt-out, the union keeps some of that person’s money —that is what is unlawful.
I will try to finish the point in just a couple of sentences. The point is that somebody who does not like paying the political subscription can simply leave the union. If they object to it, that is what they can do. That freedom is protected by Article 11 of the European convention and is ratified in a whole number of cases. I will not develop the argument further. I would love to take it outside with the noble Baroness. We can have a drink and go into all the cases.
I just wanted to make one further point. The suggestion was made by the noble Lord, Lord Balfe, that perhaps trade unions should be barred from making political payments at all. It is an interesting argument, which nobody else has advanced. It reminds me of the point my noble friend Lord Barber made about the fact that the requirement to have a political fund, introduced in 1909, is imposed on no other organisation in this country. Companies do not have to have separate political funds, ballot their members or shareholders or answer to anybody in making a political donation. It is only trade unions that are required to hold political funds with all the paraphernalia of opting in or opting out. I am not going into that argument.
I was contemplating—I never did it, but perhaps I should have done—moving an amendment that trade unions should be relieved of having political funds at all. It was a requirement which answered the Law Lords’ decision in Osborne vs the Amalgamated Society of Railway Servants in 1909, eight years after the foundation of the Labour Party, to bar trade unions from funding the political party that they had just launched. If we got rid of trade union political funds, we would not be having this argument at all.
(5 months, 1 week ago)
Lords ChamberMy Lords, in a previous life, I used to work in further education with many young people who were non-traditionally successful. In more current times, I have worked on matters relating to prison reform and I am very interested in former prisoners gaining employment. In all the instances of working with young people who did not have traditional qualifications or were trying to get into work, or with former prisoners, you were in a situation where you were talking to local employers and asking them to take a punt—a risk—on people. You would say, “Look, the worst that can happen is that you try this person out, it doesn’t work out and no one’s lost anything, but actually I’ve got every faith they will be brilliant”, and so on and so forth. You had to say, “Take a risk”, and I am afraid that in all the responses from employers they are saying, whether we like it or not, that the Bill—if enacted as it is presently constituted —will mean they become risk averse and will not take risks on a former prisoner or a young person who is a bit of a scally. So it is key to assess social mobility.
In addition to that group of people, one of the key ways in which work contributes to social mobility is often through young entrepreneurs or young people who, again, might not be conventionally the kind of people who will pass the Civil Service exam, will not necessarily fit in as an ideal employee and might be slightly eccentric or risk-takers, but who will set up their own micro-business. We know that they are the kind of people who might well be successful, although sometimes they might not be.
Throughout the passage of the Bill, there have been a lot of amendments tabled about micro-businesses—not SMEs, as they are traditionally still quite large businesses whereas micro-businesses have around 20 staff, or even two, three or four. If you talk to young entrepreneurs—the sort of young men who drop out of college but set up semiconductor manufacturing organisations, like some people I know, a builders’ business or a small hairdressers’ business—they realise that many parts of the Bill, which I have opposed throughout, will affect them. They do not have huge HR departments, they are not lawyers and they do not know what they are going to do, but they will be held liable for swathes of regulatory rules mandated by the Bill about the way they run their micro-businesses.
Those people are part of the great success of social mobility. They start out and make a success of it, but now it might not be worth it. They are not always poor and impoverished people. It can be young people making good through small businesses.
If it is the case that this is scaremongering about the worst fears or people just being paranoid, fair enough. But this Labour Government, of all Governments, should want to assess whether the Bill inadvertently, not intentionally, damages social mobility via employment. I therefore urge the Minister to accept this harmless but important amendment.
Baroness Cash (Con)
My Lords, I support the amendment tabled by the noble Lord, Lord Sharpe, and the comments made by the noble Baroness, Lady Fox, who covered quite a few of the points I planned to make. I want to speak specifically about young people.
Speaking very recently in front of a committee, Employment Minister Alison McGovern said that
“the situation for young people is a big worry for me at the moment”
and that:
“A lot of our young people—nearly 1 million—are effectively on the scrap heap”.
Those are not words I would have chosen myself; they are her words to a cross-party committee.
We have heard a lot of statistics during today’s debates. I will just add a few more. There are 1 million people not in education, employment or training, which includes a lot of young people. In addition, we have massive numbers of people receiving sickness benefits. All these young people will be a risk for employers.
The Minister is quite right that there has been an uptick in new businesses starting, but there is a serious downturn in the number of jobs created; unemployment is rising year on year, month on month since this Government took power; and the tax rises in the Autumn Budget are beginning to really kick in. We have seen that in the written submissions by numerous business organisations to the Government, other groups and Peers in this Chamber, begging—pleading—with us all to make their case about the significant costs they are already facing due to the national insurance rises. We can see it in real time. This amendment is a request to monitor the situation and come back with an impact assessment on perhaps the most vulnerable people in our society.
To show that these young people really want to succeed and want to have an opportunity, I will read the Committee a couple more numbers that the Minister is probably already well aware of. Some 60% of young people under the age of 30 would love to start a business, 9% of them have done so and 18% more of them would like to do so this year. These are the most vulnerable young people in our society. They are our future, as our demographics are getting older, and we are going to become more and more reliant on the economy that they generate. I have said it before, and I will say it again and again in this Chamber: Governments do not create growth; businesses create growth. We are now looking to these young people to start businesses and take risks on employing others. I urge the Government to, at the very least, come back having monitored that there is no impact on them and no further impact on the loss of employment that could ensue.
My Lords, I am grateful to all noble Lords who have spoken. I refer to the point made by the noble Lord, Lord Jackson, about letters. I assure him that it is no coincidence that when we make a commitment and say that we will write, we write. I make sure that my officials write to everyone to whom I have promised a letter within 10 working days. If the noble Lord has not received letters from us, I welcome the challenge of being put on the spot to ask why the letters are not there.
I have a couple of points. I am a firm believer in social mobility. When I exited my business, some 20 years ago, I was very much involved in a social enterprise that went into state schools to ensure that state pupils were able to get out of their shell, be better and make something out of their lives. I am a firm believer in social mobility, and this Government take social mobility seriously. We do not just talk about it; we action it.
To support our commitment to ensuring that everyone, no matter their background, can thrive, we will commence Section 1 of the Equality Act 2010 in England:
“Public sector duty regarding socio-economic inequalities”.
As an example, the socioeconomic duty will require specific public bodies to actively consider how their strategic decisions might help to reduce the inequalities of outcomes associated with socioeconomic disadvantage. We are also now taking forward work to make sure that commencement of the duty in England is as effective as possible in driving efforts across the country to break down barriers to opportunity and making sure that there is no glass ceiling on people’s ambition.
I refer to the point made by the noble Lord, Lord Sharpe. We debated unfair dismissal and probation periods on day five of Committee, which was 21 May. We debated sick pay on days two and three of Committee, which were 8 and 13 May. We have debated some of these points at length.
I refer to the point made by the noble Baroness, Lady Cash, about some of the 1 million young people who are not in employment, training or education. We recognise that, and we are doing something about it. Since the general election, 500,000 more people are in work. At same time, we are improving access to NHS appointments; some 3 million people have been seen by medics in NHS appointments.
Baroness Cash (Con)
I would like some clarity regarding the employment numbers, because unemployment has been rising and is higher. We know from a number of City firms that graduates are struggling to get jobs, even in supermarkets. We have 33% fewer jobs for graduates. I just want the Minister to clarify the increase that he referred to and where that is coming from.
I thank the noble Baroness for that remark. I will get officials to write, setting out the detailed analysis of where this unemployment is and where new jobs are being created. I want to make absolutely sure that we get this right. We have already improved the NHS waiting list, and something like 3 million people have already accessed their appointments.
On the point about the impact assessment, which I will not labour, this analysis, as I have set up in many preceding groups, will be done. That includes social mobility. There is no point me standing here and repeating what I have just said. All this will be done. I therefore ask the noble Lord, Lord Sharpe, to withdraw Amendment 313.