I speak often, but not at length. I believe that it is very important indeed that we follow what the Companion says and, to add to what the Senior Deputy Speaker said, that we abandon the practice of reading supplementary questions. It should not be beyond the wit of any Member of your Lordships’ House to ask a brief, spontaneous question without having a great long text in front of him or her. I hope that the Senior Deputy Speaker will take that one on board when he is next discussing these matters with the appropriate committee. It would improve things—although I also say that his point on intemperate language should be relayed to another place.
My Lords, I seek some reassurance. “Intemperate language” I understand, but “argumentative” was used as not being appropriate. It may be because I am argumentative but I think that scrutiny and the important role of this House, as it now has the responsibility of holding the Foreign Secretary to account, means that there is likely to be some argument. I worry about the potential of oversanitising the nature of the discussion. No one should be rude, but the word “argumentative” is a little worrying. Perhaps the Senior Deputy Speaker could reassure me that the committee is not trying to quell dissent and have a chilling effect on free speech.
(1 year, 7 months ago)
Lords ChamberMy Lords, I am one of those who found the Bill extremely complicated, but I do not find this amendment extremely complicated. It is precise, simple, articulate and to the point, and I think it gives us a good beginning for debating what is an extremely complex Bill.
I support this amendment because I believe, and have done so for a very long time, that social media has done a great deal more harm than good, even though it is capable of doing great good. Whether advertently or inadvertently, the worst of all things it has done is to destroy childhood innocence. We are often reminded in this House that the prime duty of any Government is to protect the realm, and of course it is. But that is a very broad statement. We can protect the realm only if we protect those within it. Our greatest obligation is to protect children—to allow them to grow up, so far as possible, uncorrupted by the wicked ways of a wicked world and with standards and beliefs that they can measure actions against. Complex as it is, the Bill is a good beginning, and its prime purpose must be the protection and safeguarding of childhood innocence.
The noble Lord, Lord Griffiths of Burry Port, spoke a few moments ago about the instructions he was given as a young preacher. I remember when I was training to be a lay reader in the Church of England, 60 or more years ago, being told that if you had been speaking for eight minutes and had not struck oil, stop boring. I think that too is a good maxim.
We have got to try to make the Bill comprehensible to those around the country whom it will affect. The worst thing we do, and I have mentioned this in connection with other Bills, is to produce laws that are unintelligible to the people in the country; that is why I was very sympathetic to the remarks of my noble friend Lord Inglewood. This amendment is a very good beginning. It is clear and precise. I think nearly all of us who have spoken so far would like to see it in the Bill. I see the noble Baroness, Lady Fox, rising—does she wish to intervene?
I want to explain more broadly that I am all for clarifying what the law is about and for simplicity, but that ship has sailed. We have all read the Bill. It is not simple. I do not want this amendment to somehow console us, so that we can say to the public, “This is what the Bill is about”, because it is not what the Bill is about. It is about a range of things that are not contained within the amendment—I would wish them to be removed from the Bill. I am concerned that we think this amendment will resolve a far deeper and greater problem of a complicated Bill that very few of us can grasp in its entirety. We should not con the public that it is a simple Bill; it is not.
Of course we should not. What I am saying is that this amendment is simple. If it is in the Bill, it should then be what we are aiming to create as the Bill goes through this House, with our hours of scrutiny. I shall not take part in many parts of this Bill, as I am not equipped to do so, but there are many in this House who are. Having been set the benchmark of this amendment, they can seek to make the Bill comprehensible to those of us—and that seems to include the noble Baroness, Lady Fox—who at the moment find it incomprehensible.
In a way, we are dealing with the most important subject of all: the protection of childhood innocence. We have got to err in that direction. Although I yield to no one in my passionate belief in the freedom of speech, it must have respect for the decencies of life and not be propagator of the profanities of life.
(1 year, 8 months ago)
Lords ChamberMy Lords, one thing that is significant is when the noble Baroness, Lady Chakrabarti, congratulates the Government. I think that is a significant and not minor moment. But she was right to do so; the importance of journalistic freedom cannot be overestimated, and I would like to thank the noble Lords who put that amendment forward on this Bill and turned something which has been discomfiting into something positive at the end of it all. So that is very positive.
I also want to note that, when I was considering how I was going to intervene today, I actually said to colleagues that it was terrible that the noble Lord, Lord Paddick, would not be with us, because I would have been relying on him to give us a steer. Then I walked in and he was in his place, and I would like to pay tribute to his courage for being here and the reassurance it gives many of us. That really takes some courage.
On the substantive point, I think that the noble Lord, Lord Coaker, did us a great service when he spent his weekend not demonstrating but looking at everybody else’s demonstrations on an average weekend, as it were, and laying them out for us. They were not particularly big, glamorous or headline-grabbing demonstrations, but all of them undoubtedly caused disruption to the people in the local area, in the way that he explained, and blocked roads quite substantially.
That is important because, throughout the discussions on this Bill, it has always felt as though we have had in our sights the likes of Extinction Rebellion and Just Stop Oil. The noble and learned Lord, Lord Hope, explained well that their aim is to disrupt, not even to protest. That is their tactic and their raison d’être. It has caused a lot of problems for me as somebody who supports the right to protest very strongly, and it has certainly aggravated the British public in all sorts of ways.
The reason the intervention from the noble Lord, Lord Coaker, was so useful was that it remembered the laws of unintended consequences. I say to the Government that those groups are not the only people who are going to be caught up by this law, which is why I would like us to make the threshold higher. The Government will not always be the Government—if we are talking about things being “prolonged”, it might not be that long. There will be all sorts of different people out on streets protesting. Sometimes it might even involve members of the Government at the moment and their supporters.
All the protests the noble Lord described covered all types of members of the British public who felt the need to take to the streets one way or another. They are voters of all parties and voters of none. They might well be disruptive, but they are certainly not using disruption as a tactic. My concern, straightforwardly, is that they are not criminalised by this law in an unintended way because we had one group of protesters in mind and forgot the wide variety of protesters who support all parties across the board. I anticipate there will be more protesters in turbulent times ahead.
My final point on Motion A1 is, as the noble and learned Lord, Lord Hope of Craighead, said, when you are making laws, you cannot use algorithms or numbers, so you are using words. We are having an argument about words. It is tricky and I cannot pretend that, when I hear the noble and learned Lords speak, I always understand the way language is understood by courts. However, I was thinking about how language might be understood by the police. They are the people who will potentially, as has already been explained, look at a bunch of tractors or what have you and say, “That is capable of causing disruption which is more than minor”. This seems to be a much lower threshold than thinking it will cause “significant” disruption. I would like the word “significant” there so that the police pause and do not just say “It’s more than minor: let’s stop it”. They should pause and think that something has to be quite serious. Is that not the way the language will be understood? As a consequence—maybe I am wrong, and they are all legal scholars—my fear is that they will read those words and see it in a particular way. Therefore, there will be the unintended consequences of sweeping up people who, after all, are democratically demonstrating.
Finally—because I realise that this is what is done and so that I do not speak on Motion D—despite supporting wholeheartedly the Labour amendment, I am disappointed with Motion D1 from the Labour Party. I think I understand what is meant by conduct which is
“frivolous or vexatious, beyond a genuine expression of their right to protest.”
However, it seems to be an unnecessary concession and I will find it very hard to vote for. Beyond that I urge everyone to support the amendment in the name of the noble Lord, Lord Coaker, in this group.
My Lords, I will be very brief. I want to thank my noble friend on the Front Bench for the way in which he reacted to what I will always refer to as the Charlotte Lynch amendment. It was moved very elegantly by the noble Baroness, Lady Chakrabarti, and the Government listened.
This amendment is an illustration of the value of your Lordships’ House and of the fact that there is no point or purpose to your Lordships’ House unless, from time to time, the Government are indeed defeated, are obliged to take a very serious view of a serious defeat and react accordingly. My noble friend has reacted accordingly and graciously, and, for that reason, I am extremely grateful that a most important amendment is now part of a very important Bill.
(1 year, 11 months ago)
Lords ChamberMy Lords, I entirely agree with what my noble friend just said. Almost every word that has been uttered during this interesting debate underlines the feeling that I have had for a long time that it would be a really sensible thing for us to go back and re-examine the case for an identity card. It would have many other uses. We are bedevilled by immigration problems. An identity card would be one document that everyone could carry, and I commend it most warmly to the House.
My Lords, the noble Lord, Lord Cormack, may well have done his side a disservice, in view of the fact that those of us who are opposed to voter ID warned that it was a slippery slope to the bringing in of national ID cards. I personally will oppose that. I actually did oppose, throughout the whole of Committee and Report stages, the introduction of voter ID. That side lost, and the policy is as such.
The one thing that I want to pick up on is that, after I argued and spoke many times on that issue, I was castigated by a lot of people outside of the House who told me that speaking on behalf of ordinary voters who might well be excluded from the franchise by having to show voter ID was patronising and that it treated those people as hapless and hopeless. Some of the comments about poor marginalised communities not being able to get access to photo IDs and the way that we have discussed the members of the BAME communities being unable to access or being unfairly discriminated against by photo IDs is in danger of being patronising.
But the most important thing at this stage, it seems to me, is that I do not think the Government have done enough—and this is what I would like—to reassure us that there will be huge publicity so that this is known about. That seems reasonable. I liked the anecdotes from Northern Ireland of vans going round. We know that this Government are not shy when it comes to nudging, nannying and telling everybody what to do on other issues, so I would not mind them doing it on this one to mitigate any possibility that anyone anywhere in the country would not know that they need ID. Helping them get it would be a great help.
(2 years, 5 months ago)
Lords ChamberMy Lords, I support Amendment 171F, excellently introduced by the noble Baroness, Lady Morris of Yardley, and backed up by others. First, I will comment on this whole group of amendments and the interesting speeches we have heard on them.
I think what lurks behind some of the frustrations with the Bill is an absence of anything about the content of education and the curriculum—the whole question of what education is for. I regret that we are not spending more time on the substance of schooling rather than the structures and systems. These speeches indicate that people want to talk about something that is not in the Bill: education, which is, after all, the point of schools.
One trend we have seen over recent years is the tendency to see schools instrumentally as a means to address social, economic and cultural problems, which I worry squeezes out a focus on knowledge for its own sake, which is my particular hobby horse. Regardless, because that has led to an ever-expanding demand on teachers to solve myriad non-educational social problems, I fear that it is stirring up tensions over the distinct division of labour between schools and families—a sort of mission creep that often makes parents feel that teachers are encroaching into areas, such as values, that are either politicised or at odds with their own values. I think that lies behind some of the tensions that have emerged around Amendment 171F.
At the very least, this expanded remit has dragged teachers into some highly contentious arenas that they now have to teach. We have heard the contributions on British values in this debate; one could argue indefinitely over those things, and there have been arguments. The question is whether schools are the places where they should be fought out.
I have a couple of examples. Head teachers and senior teachers I know told me that there was something of a panic after the Black Lives Matter moment, when teachers were told that they had to decolonise the curriculum in the wake of the murder of George Floyd in 2020, and also in relation to the government extension of relationship and sex education in 2019. Teachers were saying, “Well, this isn’t just teaching biology”—they are aware that it is a toxic topic these days. It is not just something you can send in the teaching staff to do; they know it goes far more broadly than science or facts.
The solution has been to bring in outside experts—third parties, NGOs—with their ready-made materials, but I think there is a real problem here. This is actually undermining the professionalism of teachers. These experts can be used to train governors and teachers or to run workshops directly with pupils and to supply materials, as we have heard. But when you look at who is doing it, some of them at least are partisan political activists who embrace one-sided ideological approaches to contentious issues. They are not trained as teacher trainers, they are not accredited and there is no central regulation.
One would think from the Bill—which is, as several people have noted, such a centralising power grab that it is likely to squeeze the life out of school autonomy—that the Government might be all over a situation where there are all sorts of people going into schools and teaching things and nobody knows what they are teaching. However, on this issue, the DfE seems to be washing its hands, saying that it is up to schools to vet third-party providers. But without clear guidelines it is hard for schools to navigate around what are, if we are honest, contentious culture war issues.
I do not know whether Ministers have looked at the resources produced by some external organisations, but I urge them to go through the research provided by Transgender Trend or the Safe Schools Alliance, because it is more ideology than facts: pronouns for primary school kids, et cetera—I will not rehearse it. I think the excuse is that the material is commercially sensitive, but often what is going on here is that things are politically sensitive. These are not benign ideas, let alone facts; they are often divisive and totally at odds with parents’ values, and certainly fall short of statutory requirements for teacher impartiality.
Moving to a different subject, so that it is not all gender, I was struck during the lockdown by the Channel 4 documentary, “The School That Tried to End Racism”, which involved 11 and 12 year-olds at a school in south London. Many parents I knew were horrified at the use of pseudoscientific implicit association testing and the splitting of classrooms into white and non-white affinity groups, all through the prism of critical race theory. The campaign group that I was involved in setting up at the time, Don’t Divide Us, was drowning in concerned parents asking what was going on and whether their kids were being taught that all white people are racist. Parents went into schools to ask whether they could see the materials being used—even though sometimes that meant dodging lockdowns—and were told that there was nothing to see here, treated as a nuisance and told to go away.
When a group of parents led by DDU challenged Brighton & Hove City Council about its Racial Literacy 101 materials for schools, they were constantly rebuffed. Eventually, what was revealed showed some shockers. For example, under the heading “Overt and Covert White Supremacy”, lynching was listed alongside colour blindness. This is a shocking slur against generations of civil rights and anti-racist activists who took Martin Luther King’s mantra that we should judge on the content of character and not skin colour—no longer, it seems.
When you finally do see some of the teaching materials, they show that Martin Luther King’s position is dismissed as “old-fashioned” and that pupils are often being told that parents are the problem—that they are old-fashioned and backward. We must be very wary of this. For example, parents who go along with colour blindness are being described as exhibiting unconscious bias; those parents who believe in the biological facts of sex rather than the fluidity of gender identity are labelled to their own children as bigots and transphobic, guilty of cisnormativity.
The Government have a responsibility to diffuse what could become quite a nasty set of tensions. Potentially, one of the ways of ensuring against this breach of trust between schools and parents would be more transparency. It is a no-brainer for the Government: they should ensure that the spirit of Amendment 171F goes flying through and becomes part of the Bill.
My Lords, the noble Baroness has made a very interesting speech and said some extremely sensible and some provocative things. However, sitting through this debate, and when I first saw the Bill, the one word that kept coming to my mind was “superficial”. We are in danger of pandering to a superficial society and being involved in the evolution of a superficial society.
When I was a young schoolmaster, over 60 years ago, a very well-respected headmaster said to me, “Whatever you do, be thorough.” I was appointed the careers master, and he told me to remember that what was important in the boys that I taught—in that case it was boys—was that they recognised that the job which they have when they leave school, whatever it is, is only part of them and that, in whatever they do, they must seek be a part of the community in which they live. I paraphrase, but that is the essence of what he said.
I often think of that when I go across to Lincoln Cathedral, as I do every day when I am in my hometown. I sit above the choir-stalls before evensong, while the choir is training and rehearsing. These young people are being given a thorough grounding. They can sing often the most complicated music with great beauty and accomplishment because if they get a note wrong, kindly but firmly and—to use the word again—thoroughly, the master of the music or his deputy points it out and they do it again, and, if necessary, again. In what they are doing to create great music in one of our greatest cathedrals, they are, in a sense, emulating the people who built that great cathedral and who, through the ages, had long, complicated, detailed apprenticeships.
I know, as the founder of the William Morris Craft Fellowship, in which I declare an interest, that today many young men and women—we have awarded fellowships to many young women—are able, through mastering their craft, to become much more important members of the society in which they live. They have mastered something and done it thoroughly. A great many of those young people play a role in their local communities—some even as councillors—or in the voluntary sector.
The Bill must be put into some sort of order; I pick up on the substance of the amendments spoken to so splendidly by the noble and right reverend Lord, Lord Harries of Pentregarth, the noble Baroness, Lady Morris, and others, and in the fine speech made by my noble friend Lord Hodgson of Astley Abbotts. We are saying, in effect, “Do not be superficial; remember that aspiration is important.” I remember a Minister in the other place saying in a Queen’s Speech debate many years ago that the real poor of the 20th century, as it then was, “are those without hope.”
Hope and aspiration are terribly important; they have to be encouraged, through partnership between parents, teachers and students. The Bill comes nowhere near that. We need to inject the spirit of the noble and right reverend Lord, Lord Harries of Pentregarth, the noble Baroness, Lady Morris, and my noble friend Lord Hodgson of Astley Abbotts if at the end of the day we are to get a Schools Bill that is worthy of its name. At the moment it is not. This is no personal criticism of my noble friend the Minister, for whom I have real regard. Nobody would call her superficial but she is in charge of a Bill that is. That needs to be put right; I hope that it will be.
(2 years, 7 months ago)
Lords ChamberMy Lords, I intervene briefly, partly because the noble Lord, Lord Paddick, was kind enough to refer to an earlier speech that I had made. I congratulate the noble Lords, Lord Coaker and Lord Russell, who have been able to move things forward in an acceptable way, but I think there comes a point where this House has to have very real regard for its constitutional position vis-à-vis the other place. We were justified in asking the other place to think again and, I believe, justified in asking it to think yet again.
I was approached last week by two Conservative Back-Benchers—I will not name them—and they were keen that we should give them another opportunity to think again, which we did. But the fact is that they have not thought again, not by a majority. Some may have changed their votes, but they did not change the position of the other place. It is my reluctant view, particularly on the noise issue, which I think is rather preposterous, that we should now yield to the other place, but if ever a Bill called for post-legislative scrutiny to examine closely how it plays out on the streets and in the public squares, this is it. I hope there will be a proper opportunity to keep these matters under review, but we should have a mind for our constitutional position, and have regard for the fact that we are not the elected House and there is a point beyond which we should not go.
My Lords, I think the noble Lord, Lord Cormack, is right to raise the important point about our constitutional obligations. I am tentative about what I am going to say because I am anxious not to act in defiance of an elected Chamber, not just for constitutional reasons but because democracy is very valuable, and we should have modesty in relation to our role in this place. However, I do feel that, at the very least, the Government are obliged to untangle some serious confusion about why the legislation in relation to protest is even necessary.
When it was originally introduced, there were grandiose claims that this was the Government responding to public concerns—a real clamour from the public—about dealing with new forms of protest. It is true that there has been a lot of anger in the public realm about new forms of protest. Anybody who objected to the amendments tabled by the Government was dismissed as “ignoring voters’ concerns”—just by objecting, in effect, they were being anti-democratic. Yet now the Minister comes back here and suggests that, in relation to the noise trigger, for example, it is a just a modest update of the law and it will not be used very often. It seems to me that the original motivation for these clauses has been lost, and we have ended up with a disproportionate and unnecessary commitment by the Government to deal with a non-problem.
There is perhaps some confusion because earlier this week, as people will have read in the newspaper, a mum was banned from driving for what was described as “nudging” some Insulate Britain protesters. She was trying to get her 11 year-old to school and was exasperated that the protesters would not move, and that the police were not acting to remove them. There was some popular backlash to the fact that this driver was the person who was prosecuted, and at a meeting I talked to people who said, “Well, the mum is not guilty of dangerous driving. The problem here was the failure of the police to police the protest.” They went on to say, “At least the Government are acting and bringing in a new law that will deal with this sort of thing.” When I explained the nature of the new laws that were being brought in, in relation to noise and static assemblies, they said, “What’s the good of that? That won’t deal with the problem of the mum and the motorway and the protester”, and they are right.
Despite reservations, I support the noble Lords, Lord Coaker and Lord Paddick, in the amended amendments that they have brought back, taking on board the modest comments that have been made. I think that these anti-protest clauses are being mis-sold to the public, who, when it is explained to them, do not see any connection between their clamour and these clauses being brought in by the Government.
If there is an issue with protest, it is possibly that the police have not consistently policed protests that have happened over the last few years with the powers that they have, and there is public concern about that. It seems to me that both these clauses, as illustrated by the points made from the Front Bench, will make the police’s job even more complicated and will compromise them politically because they will be accused of subjective interpretations of what is “too noisy” and what is the threat of a static demonstration. I think the Government will inadvertently help to politicise the police, and make the situation of protests more confusing, and they are not doing what I think they originally wanted to do, which was to assure the public that their concerns about new forms of protest would be honoured in legislation. These parts of the Bill do nothing useful for anyone.
(2 years, 8 months ago)
Lords ChamberYes, that is fine. I think there is even a case for deleting these clauses in Committee.
My Lords, I was not intending to speak on this part but I feel very queasy about the way a number of noble Lords are using the situation in Ukraine to have a go at this part of the Bill. People are indeed dying for democracy, but they are not dying to defend an Electoral Commission—an unelected quango in the UK. I think it is rather unbecoming to use that.
The Electoral Commission is relatively new to the UK’s democratic life and democracy thrived when it did not exist. At the very least, we should stop aggrandising the Electoral Commission as though the electorate depend on it. There are problems with it and there are problems with the way the Government are trying to deal with it. I am not necessarily defending the Government’s way of solving the problem of the Electoral Commission—
(2 years, 10 months ago)
Lords ChamberI know that some may be shocked. I actually worry a lot about prison reform, authoritarian tendencies and prison being used as an answer to all problems. There are a lot of draconian aspects of the Bill—the threat of jail for protesters, for example, which we are about to discuss—and all these things concern me.
However, I would not want a royal commission to be there to endorse what I or the movers of the amendment want. Therefore, a long list of things that are wrong with long sentences does not seem to be the basis of a royal commission—I would want it to look at sentencing without prejudice and bearing in mind public concerns about safety. It is absolutely the case that, despite my liberal qualms, there are times when people should probably be locked up for longer—but the prisons should then be reformed to make them more humane while you are in them for longer.
Well, my Lords, I had never really thought of the noble Baroness as a bleeding-heart liberal, but we all come in different guises, depending upon the subject. I find myself very taken by many of the points made by the noble Lord, Lord Marks of Henley-on-Thames, and by many others who have long been learned in the law.
I spoke to my noble friend the Minister after what the noble Baroness referred to as the slightly fractious debate on Monday. Funnily enough, I said to him that I thought that a royal commission would be a good way—better than an amendment to a Bill—to look at the issue that we were discussing: women in prison. Of course, this provision in the amendment moved by the noble Lord, Lord Marks of Henley-on-Thames, could be incorporated.
On balance, I would favour a royal commission on the criminal justice system. I do not suppose that the noble Lord would be particularly opposed to that, rather than the specific amendment that he is moving today. But we need to look at these things because—coming back to a point made on Monday and today—we are failing in our criminal justice system because there is far too much recidivism and far too many lives are not amended and rehabilitated but further broken and eroded by spending time in prison. We have not got the balance right.
I have always been opposed to the simplistic view sometimes expressed, not by bleeding-heart liberals like the noble Baroness but by some on my own side: “Lock them up and keep them in.” That is no way to tackle things. So, although I would understand if, in responding to this debate, my noble friend the Minister said that he could not accept this amendment, I nevertheless strongly appeal to him on the Floor of the House, as I have privately, to consider very carefully the merits of a royal commission on the criminal justice system.
It can do no harm. We all remember Harold Wilson on royal commissions—they sit for years and take minutes—but that is not necessarily what royal commissions do. They can be given a timeframe or asked to report back within a certain period. If, by chance, my noble friend is not able to give the positive response I hope he might, we have many in your Lordships’ House who are indeed learned in the law, and this might be an ideal subject for one of the special committees that we set up each year in your Lordships’ House. It would have perhaps the most distinguished membership of any such committee ever established and I am sure it could make a powerful report, but I would still favour the royal commission approach. I hope that when my noble friend comes to respond, he will be able to give us some encouragement.
(2 years, 11 months ago)
Lords ChamberMy Lords, I will speak very briefly. I associate myself totally with the brilliantly moved amendment from my noble friend Lord Herbert of South Downs. He encapsulated the folly of this legislation, from which I have kept myself apart because I was, frankly, so appalled to think that a Conservative Government could introduce such a piece of legislation.
My noble friend Lord Herbert was exactly right in all he said, as was my noble friend Lord Mancroft. It is a joy to see him back. I hope that he has made a full recovery. These are people who know about the countryside. Nobody could have put it better than my noble friend Lord Herbert when he asked why Parliament was consuming itself with consideration for the welfare of the prawn when, all around, people are in danger from a deadly virus. It shows a completely warped sense of perspective and priority of which I feel deeply ashamed. If my noble friend presses his amendment to the vote—which I hope he will—he will have my unreserved support.
My Lords, I also associate myself with and will support the regret amendment. I have not been able to be at the discussions on the Bill, but I followed them very closely in Hansard because it is an issue I am interested in. There is one point to note: the noble Lord, Lord Herbert of South Downs, made a brief reference to populism. I want to speak on behalf of the public, who might well support animal welfare, but I can tell you that if you talk to anybody outside this House and tell them what the Bill contains, they are equally appalled. The irony is that it is not fair for anyone to try to say that, as a consequence, the public might somehow get the blame for this badly formed, badly written, badly drafted, philosophically ridiculous and anti-human Bill. I do not think that is fair. Although I am sure all of us are concerned with animal welfare, the Bill is not about preserving the welfare of animals. It actually takes us into very dark, deep territory, and a bureaucratic nightmare. It is completely anti-democratic and the public would be appalled if they read the debates in Hansard in great detail.
(3 years ago)
Lords ChamberMy Lords, it has to be said that when I talk to members of the general public and tell them that it is MoJ policy to allow prisoners of a male sex to be housed according to their self-declared gender identity in a women’s prison, irrespective of whether they have taken any legal or medical steps to acquire their gender, that they do not need to have gone through any physical transformation and still retain male genitalia, which we have heard lots about already in this debate, and that they do not even need to have obtained a gender recognition certificate—they need just to declare that they are women and demand that they are moved to the women’s estate, and it is seriously considered—they are aghast. It falls under the category of, “Has the world gone mad?”
That common-sense response might not feel appropriate when discussing legislation, but in this instance it may help us to look at this issue in practical, real-life terms, not just in abstractions. That is why I welcome the amendment very strongly. Although it does not resolve all my concerns, I welcome its modest, narrow aim of removing the most egregious aspect of this situation: allowing male prisoners who identify as trans but have convictions of violence or sexual offences against women to live with women prisoners. There really is no point in the Government issuing strategies and grand words about violence against girls and women if the same Government have no qualms about letting rapists share the same confined living quarters as vulnerable women in prison who, let us be frank, cannot leave or escape because they are locked up by the state. This amendment’s focus is on convicted sex offenders and it is urgent that the Government take notice.
It is important to note that when gender-critical commentators and academics raise qualms about the general policy of housing transgender prisoners in the women’s estate, they are often dubbed transphobic and accused of holding a prejudiced view of all trans women as sexual predators, but this is a malign caricature. At this point I give a shout-out of solidarity to Professor Jo Phoenix, an esteemed and conscientious criminologist who has been harassed and traduced for raising such legitimate concerns.
Wherever one stands on the general issue, this amendment is specific and cannot be accused of implying that all natal men, however they identify, are a sexual threat to women, because that would not be true. We are talking only about convicted sex offenders and those guilty of violence. I still hope this probing amendment might encourage the Government to look more closely at a range of issues in this area. I particularly want the Government to consider whether the Ministry of Justice’s involvement over a period of time with the controversial lobbying group Stonewall, which has already been referred to by the noble Baroness, Lady Meyer, as with so many public bodies, may—just may—have led to the skewing of policies in a particular direction.
For example, I know how keen this Government are on data and statistics, but as Kate Coleman, the founder of Keep Prisons Single Sex, has noted—this just seems incredible to me—the MoJ admits that it does not know how many prisoners identify as trans because, with a gender recognition certificate, they are counted by their new legal gender. I am not sure how the noble Baroness, Lady Brinton, can be so sure of the statistics she quotes, because the tools designed to assess any threat posed by male prisoners who identify as trans women cannot be picked up accurately. If someone with a GRC attacks a female prisoner, it will be recorded as an assault by a woman on another woman.
I also want to query who is listened to in this discussion on what is obviously a clash of rights. In the course of the recent High Court ruling we have heard about, Lord Justice Holroyde outlined the need to balance
“the subjective concerns of women prisoners”
with
“the rights of transgender women in the prison system.”
This made it sound as though the women, the biological women, were all being overly subjective, and the transgender women had rights. Describing one side as subjective and the other with rights misses a crucial point, because that transgender woman has an identity that is not an objective fact but a subjective desire and then a declaration. Why are women prisoners’ subjective but rational concerns afforded less weight here?
When the High Court acknowledged that women prisoners may well be worried and “scared” about sharing prison accommodation with male-bodied prisoners, the court said that that fear was not enough to outweigh the desire of some male prisoners to be housed with women. I wonder: when did the prison estate, or indeed the law, allow its policies to be dictated by prisoners’ desires? I have worked with prisoners over a number of years, particularly with Debating Matters Beyond Bars. Many of the prisoners I have worked with have declared that they desire decent prison education. They desire retraining and better conditions. The prison authorities certainly did not accommodate their desires, so why are these desires accommodated when it comes to the trans issue?
Finally, I am keen that the Government look carefully, and use this probing amendment to do so, at how staff in prisons understand the issue of sex and gender in the context of training. The MoJ policy entitled The Care and Management of Individuals who are Transgender advises staff to complete an “eLearning module” on transgender identity. One of the training courses is named intersecting identities. I have looked at these, and it all rather terrifies me. It is one-sided, jargon-ridden and ideological. I hope this amendment might point the Government to raise and review the whole issue. For now, at least, a very modest amendment should be taken seriously if they really mean they care about protecting women from violent men.
My Lords, I just want to intervene briefly. I support this amendment. To me, it is morally wrong for a physical man to be in a woman’s prison. It is as simple as that. If he has identified himself as a woman, and deserves to be in prison, there should be special facilities that do not bring people of that sort into close proximity with women or—if they are in danger—with men.