Domestic Abuse Bill

Baroness Crawley Excerpts

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

[Baroness Crawley (Lab) [V]]

My Lords, I welcome the work of the Minister in campaigning against domestic violence. While it is understandable that the Government have been distracted this last year, it is unfortunate that the Bill, with its transformative potential and which is welcomed across the House, has been delayed so badly.

If ever there was a time when abuse victims needed strengthened statutory protection, it is in this unprecedented year of Covid. Lockdowns have been a green light to perpetrators to torment and manipulate those close to them. The National Domestic Abuse Helpline saw a 66% increase in calls and online requests for help from March to May 2020. We are now in another lockdown.

The Bill comes to us strengthened from the Commons, in government clauses relating to the effect on children, special measures in family and civil proceedings, cross- examining a witness in person and many other issues. The new role of domestic abuse commissioner for Nicole Jacobs must also be warmly welcomed, and the work of the Joint Committee in 2019 welcomed and acknowledged. However, as noble Lords have said, now is our opportunity to play our part in the Bill, and there are many areas where it needs further fortification.

Having listened to victims themselves and many charities working with victims and perpetrators, outstanding issues for the Bill include the urgent protection of victims who have no access to public funds under our immigration law. Could the Minister update us on the support for migrant victims pilot scheme and its conclusions?

Action is also needed for a new duty on public bodies to deliver community-based support and for public authorities to provide training to support victims. I will support the noble Baroness, Lady Armstrong, in that amendment.

There are also questions of economic and post-separation abuse, the present structure of universal credit access, workplace protection and the Government’s workplace review, as well as the gendered nature of domestic abuse. Charities are calling for an end to the threat of sharing intimate images, as we have heard so strongly from noble Lords. For the creation of a stand-alone offence of non-fatal strangulation or suffocation, I will be supporting the noble Baroness, Lady Newlove. Specialist funding needs to be substantially increased and the all-important prevention work with perpetrators needs to be acknowledged in the Bill.

This Bill, defining domestic abuse in law for the first time as it does, is a demonstrably great step forward for abused women and children. We have the opportunity and means, in this House, to turn that step into a deterministic leap forward. My noble friend Lord Rosser is right: there has been a whiff of the 19th century and a make-do-and-mend culture around our official response to domestic abuse, so we must make our response financially cutting edge and 21st century-compliant to defeat it.

Hate Crime: Misogyny

Baroness Crawley Excerpts

Monday 23rd November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I thank the noble Baroness for pointing out the complexity of this area. The consultation will finish on 24 December and the Law Commission will report next year. I agree with her that we should not pre-empt the outcome of the review just yet.

[Baroness Crawley (Lab) [V]]

My Lords, non-fatal strangulation is often part of the pattern of abuse leading up to attempts on women’s lives. Can the Minister say whether an amendment to the Domestic Abuse Bill—shortly to be debated in this House— to include a new offence of non-fatal strangulation would be welcomed by the Government?

[Baroness Williams of Trafford (Con)]

I am aware that such an amendment may come forward to your Lordships’ House; the debate on it will be very interesting and thoughtful, as debates on such amendments always are. I look forward to discussing it with the noble Baroness before the Domestic Abuse Bill comes to your Lordships’ House.

Domestic Violence

Baroness Crawley Excerpts

Tuesday 5th May 2020 Lords Chamber

[The Lord Speaker (Lord Fowler)]

I call the noble Baroness, Lady Burt of Solihull.

[Baroness Crawley (Lab)]

Excuse me!

[The Lord Speaker]

I beg your pardon, Baroness Crawley.

[Baroness Crawley]

My Lords, I commend the Minister for the work she is undertaking during this difficult time. What government funding is now getting to the front line for abused children, following a recent safeguarding live survey of front-line services showing that 42% of these services felt they were not able to effectively support child victims of abuse during this time of lockdown?

[Baroness Williams of Trafford]

It is a crucial point. We have made £1.6 million available immediately to the NSPCC to expand and promote its helpline for adults. Expanding the helpline will mean that many more adults know how and where to raise concerns or seek advice and support regarding the safety and well-being of any children they are worried about. We also have the NCA’s online safety at home campaign, which provides vital support and advice to children.

India: Scam Call Centres

Baroness Crawley Excerpts

Tuesday 21st April 2020 Lords Chamber

[The Lord Speaker]

The noble Baroness, Lady Neville-Rolfe, has the next supplementary question. She is not here.

[Baroness Crawley (Lab)]

Thank you, Lord Speaker, and well done to everyone for getting us to this point. Given the rise in Covid-related fraud and scams in the UK, where we know unscrupulous criminals are exploiting fears about the virus in order to prey on older and vulnerable people, as the noble Lord, Lord Naseby, said, what are the Government doing to ensure that local government capacity, especially in trading standards departments, is fit for purpose, and what direct enforcement action has the Competition and Markets Authority taken in respect of companies breaking the law?

[Baroness Williams of Trafford]

I thank the noble Baroness for that question. She is right to raise this. Local government is at the heart of some of that local awareness-raising and enforcement action. We have given a grant of £500,000 and an additional £600,000 for National Trading Standards scams teams to provide call-blocking technology to vulnerable people.

Anti-social Behaviour, Crime and Policing Bill

Baroness Crawley Excerpts

Wednesday 4th December 2013 Lords Chamber

Tobacco proxy sales pose a significant problem. They have a harmful impact on the health of those under 18, for the rest of their lives. We urge the Government to consider our amendment and make proxy purchasing tobacco products on behalf of children an offence, as Scotland has and Northern Ireland is considering doing. I beg to move.

[Baroness Crawley (Lab)]

My Lords, I apologise that I was not present for Second Reading and ask for the forbearance of noble Lords in my intervention at this stage to support my noble friend’s amendment. However, my support comes with a heavy health warning about effective surveillance and enforcement. As president of the Trading Standards Institute, I am aware of this significant problem. As so many thousands of young people experience their first steps down the road to smoking addiction, as my noble friend said, it is through that means that that addiction starts.

Any move to tackle proxy sales of tobacco would get the full support of the trading standards profession, but proper enforcement and adequate surveillance is a great concern to it. A recent study of proxy sales of tobacco found that there was a strong desire from business representatives—and my noble friend referred to this—to see legislation implemented. The Robinson and Amos study of 2010 of young people’s sources of cigarettes and attempts to circumvent underage sales laws concluded that, while there was indeed a problem, more detailed research was needed before further action was taken. It was suggested that regular national smoking surveys should include questions that could capture more accurately the nature and extent of proxy purchases. I feel that this is somewhat cautious, given what we know from a number of surveys about the danger that young people are placed in by this activity. However, I would appreciate the Minister’s views on the suggestion of a more consistent way in which to survey the problem.

While the Demos think tank report that was out last week, called Sobering Up, studied the very real issue of underage access to alcohol and street drinking, and involved working with Kent trading standards officers, the read-across to tobacco is obvious. Even with legislation, enforcement is the key. The report recommended tackling the growing problem of proxy purchasing through greater community policing of the offence and tougher punishments for those caught. Of course, we are aware that there is an offence of proxy sales of tobacco in Scotland, with fixed penalty notices for both the purchase of tobacco by a young person under the age of 18 years and, separately, for the proxy purchase of tobacco on behalf of a person under 18 years. In Scotland, from April 2011, for the purchase of tobacco by a person under 18, the fixed penalty is £50 and the penalty on prosecution is up to a £200 fine. Also from April 2011, proxy purchases carry a fixed penalty of £200 and up to a £5,000 fine for a penalty on prosecution.

What research have the Government carried out into the effect of this new legislation in Scotland on proxy sales purchases so far? While many of us have anecdotal evidence, we are now two years down the road from the introduction of this Scottish legislation, and I think that noble Lords who want to support this amendment would agree that government has the provision and means to come up with far more structured evidence. I know that the Scottish legislation is still embedding itself; the Scottish Government’s request is for a softly-softly approach to be taken, especially with the introduction at the same time of the display and vending machines ban this year. But the aim, certainly, of trading standards in Scotland is to work in partnership with retailers to increase compliance with the new law. I am grateful to Veronica McGinley, the trading standards officer for Renfrewshire Council for her thoughts on the Scottish experience so far.

It has been emphasised to me that there are, of course, real personal safety risks attached to this type of sale, so we are not simply talking about young people’s health but their personal safety. In Renfrewshire alone, the recent Scottish Adolescent Lifestyle and Substance Use Survey found that 54% of 13 year-olds and 55% of 15 year-olds reported getting someone else to buy their tobacco for them. More frighteningly, in the case of 35% of 13 year-old regular smokers, this was most likely to be from an adult unknown to them.

While supporting moves to legislate in principle, we have to be aware that the enforcement of much tobacco control legislation, including the current age of sale, is the responsibility of local authority trading standards officers. There has been a great deal of talk about trading standards officers. I do not think—my noble friend is no longer in his place—that they would necessarily see themselves as cold war warriors: they are very much into partnership and encouragement these days. However, enforcement is extremely challenging given the massive reductions in staff and budgetary allocations that trading standards departments have faced in the past three years up and down the country. We have heard very recently of a local authority which has proposed reducing its trading standards department by 80% over the next two years. This is very serious if we are talking about the proper enforcement of serious legislation. The requirement also for a Regulation of Investigatory Powers Act authorisation in each case may pose a significant barrier to the testing and enforcement of future legislation. Can the Minister say what further assistance the Government envisage in terms of resource allocation to local authorities in the enforcement of this proposed legislation and, indeed, of current legislation? My noble friend made a robust case for introducing these new offences into the Bill and I look forward to the Minister’s reflections.

[Lord Ahmad of Wimbledon]

My Lords, I thank both noble Baronesses who have spoken on this issue. I was slightly surprised to see this amendment as it is something that perhaps has been, and no doubt will be, considered in debates on the Children and Families Bill. There was also last Thursday’s Urgent Question, but that was more specific on the issue of standardised tobacco packaging, which I am sure the House will deal with in its own way at the appropriate time.

We in this Committee and in the wider House can all agree that it is wrong for people to buy tobacco on behalf of children and young people; that was a point well made by the noble Baroness, Lady Thornton. We totally acknowledge that smoking is an addiction which unfortunately begins largely in childhood and adolescence, with peer pressure, friends or whatever encouraging people to take it up. Almost two-thirds of current and ex-smokers in England say that they started smoking regularly before the age of 18.

Part of our comprehensive tobacco control plan for England, which was published in 2011, was therefore focused on reducing the numbers of young people taking up smoking. The plan also includes a national ambition to reduce smoking among young people in England to less than 12% by 2015. As a result of decades of tobacco control, rates of smoking among young people have reduced considerably to around 10%, according to the most recent figures. I am sure that we have all noticed the practice of reducing smoking and prohibiting it in places such as restaurants. I remember as a child seeing smoking on trains and undergrounds, which we would be appalled by in this modern age. Restricting and prohibiting smoking has led to a reduction of it in society in general.

However, the take-up of smoking by young people continues to be a problem. It is estimated that more than 300,000 young people under the age of 16 in England try smoking for the first time each year. Reducing access to tobacco by children and young people remains a high priority for the Government and we are determined to reduce further the smoking rates among young people.

As for the sale of tobacco, we know that the majority of retailers are law-abiding and conscientious in how they conduct their sales. I acknowledge the important role they play in ensuring that legitimate tobacco products are sold in accordance with the law, including by being rigorous in refusing sales to young people under the age of 18. I realise that this can be difficult and I understand why some noble Lords and some retailers feel that it should be an offence to buy tobacco on behalf of under-18s. However, as the noble Baroness, Lady Crawley, said, we need to consider carefully whether creating a new offence of proxy purchasing is the right way forward at this time.

The supply of tobacco to children and young people is not a straightforward issue. A new offence of proxy purchasing would not necessarily tackle the wider problem of the supply of cigarettes because children and young people get them from a range of sources, not just from retailers. For example, many children and young people who smoke obtain their cigarettes from their parents or other members of the family—it is tragic but it does happen—or from friends or people they may socialise with who are over the age of 18. Buying single cigarettes in the school playground happens in certain parts of the country. A proxy purchasing offence would do nothing to stop these issues.

--- Later in debate ---

Finally, while the Government want to take all appropriate action to ensure that cigarettes do not reach those under the age of 18, we remain to be convinced that a new offence of proxy purchasing is, in itself, the answer to stopping smoking by children and young people. This issue is driven primarily by the effectiveness of enforcement. Having illustrated some of the initiatives we are taking, and restated that we wish to hear about the experiences and ideas on how this matter can be tackled of all who are concerned about this issue, I hope that the noble Baroness is minded to withdraw this amendment.

[Baroness Crawley]

Given the parlous position of local authorities and the possibility of severe cuts in trading standards departments over the next three years, is the Minister satisfied that local authority officers will be able to help police these important laws to protect our young people?

Protection of Freedoms Bill

Baroness Crawley Excerpts

Tuesday 24th April 2012 Lords Chamber

[Lord Elton]

My noble friend is probably old enough —I certainly am—to remember the days when an Englishman’s home was always referred to as his castle. Castles are besieged by mice. What worries me about this is that the officers who will have powers to enter my castle and your Lordships’ castles—mine is a very small place—vastly outnumber the number of mice who are able to do so. The mice are undercontrolled and so, in present legislation, are very large numbers of these officials. I do not think that they should be and noble Lords probably do not think that they should be either.

My noble friend has suggested a simple and elegant way to control the situation. The noble Lord, Lord Borrie, who shakes his head, happens to be a fellow honorary vice-president of the Trading Standards Institute. I was hearted by what he said, although he may not have intended that. He said that the removal of the powers suggested by the noble Lord, Lord Marlesford, does not go far enough. I join others who think that the provision could be further improved with consideration by the other place. Some of us have been Ministers and have had legislation that we wanted passed. It is ludicrous to leave this legislation as it and to entrust the matter to a departmental inquiry, of all things, in the expectation that it will sort it out within a time limit or achieve something worth while.

[Baroness Crawley]

My Lords, perhaps I may make a brief and slightly croaky intervention—I go one up on my noble friend Lord Borrie—as president of the Trading Standards Institute. I thank the noble Lord, Lord Marlesford, for engaging so closely with trading standards over the past number of months since first introducing his amendment in February. Indeed, trading standards officers would rather have been included in his amendment than not and therefore I do not decry them for their enthusiasm. However, after much discussion with partners in the intervening months, I should inform the noble Lord that, on behalf of trading standards, I shall not be able to follow him into the Lobby on his amendment.

My reasons are twofold. First, following on from the point made by my noble friend Lord Borrie, the provision made to include trading standards in the list of exceptions does not give enough scope to ensure consumer protection from rogue traders, money launderers and scammers of all types across all sectors. In difficult economic times—and we certainly live in difficult economic times—consumers are more and more vulnerable to these crooks and opportunists. Therefore, the legislation we bring forward to protect consumers must be very carefully enacted and leave no gaps in that protection.

Secondly, Motion A1 allows for an exemption only if provided for by the Secretary of State through regulation. Trading standards officers are extremely concerned that if the Motion is carried they would lose their existing powers of entry—they have been protecting us, as consumers, for over 100 years—until such time as they may be reinstated by statutory instrument. That uncertainty is not in the best interests of today’s vulnerable consumers.

[Lord Crickhowell]

My Lords, I had not intended to take part in this debate but one matter does strike me. In the eight years in which I was a Minister in the Administration of my noble friend Lady Thatcher, whenever a Minister said that something would take a particular period of time, she used to say, “Well, just think what was achieved in time of war during that kind of timescale”. We have been told that this review will take two years. I do not understand why the Minister does not simply say to the Home Office, “You have got to do it in a year”. Why will it take two years to carry out a review? If we were in a time of war, it would be dealt with much more quickly.

I put to the Minister exactly the retort of my noble friend Lady Thatcher. Set a timescale that is reasonable and achievable and, if the review is completed in the next year, there would be an opportunity for any necessary legislative change to take place within the present Parliament. As it is, I feel that we will get beyond 2015 and nothing will have been done.