End-to-end Rape Review
Baroness Gale Excerpts(2 years, 10 months ago)
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Lord Wolfson of Tredegar (Con)
My Lords, on funding, we have invested record amounts in support for victims in the last 18 months. We spent more than £70 million on rape and domestic abuse services in the financial year 2020-21, and £27 million on the expansion of the independent sexual violence adviser service—ISVA —which I mentioned earlier. The data is extraordinary, showing that a victim is 49% more likely to stay engaged with the process and see their complaint through to its conclusion if they have that support. That is why we will be consulting on a statutory underpinning for the ISVA role.
My noble friend used the phrase—if I have taken a correct note—“totally unacceptable” to describe the current position. I do not dissent from that. I also agree with her, as I said earlier, that we need to have more focus on investigating the perpetrator and less on investigating the victim.
Baroness Gale (Lab)
My Peers, while I welcome the publication of this rape review and the Government’s apology for the failings on rape—and an apology from the Government is to be welcomed—there is very little consolation for the women who have been failed, including the many victims whose cases have not been progressed by the Crown Prosecution Service.
A few days ago, I heard on Woman’s Hour about the case of a woman who had been raped and went to the police, who dealt with her case very well—but the CPS refused to prosecute, as it said that the recording from the CCTV had shown her holding hands with her rapist. Can anyone imagine what this woman felt after all she had been through? Would the Minister agree with me that this should never have happened and that cases like this do nothing to encourage rape victims to come forward?
The review mentioned £70 million spent over the past 18 months on domestic abuse and rape services. Can the Minister say how much of that £70 million is to support victims of rape and how much is allocated to victims of domestic abuse—which is vital but has nothing to do with improving victims’ experience of the criminal justice system or improving rape convictions? Can the Minister explain how much of this funding is to support rape victims in getting justice?
The charity Refuge has called for a total overhaul of the rape criminal justice system—both the police and the CPS—and has said that it cannot accept such monumental failings any more.
Baroness Gale (Lab)
Thank you. So could the Government urgently provide adequate sustainable funding for specialist rape services, which have been very seriously eroded in the last few years?
I do hope this review will produce positive results for victims and ensure that rapists are answerable for their crime.
Lord Wolfson of Tredegar (Con)
My Lords, we can certainly agree on the last point. The focus of the criminal justice system is indeed to make sure that rapists are answerable for their crimes—and they are heinous crimes.
I obviously cannot comment on the particular instance that the noble Baroness mentioned. Of course, the CPS is quite properly an independent agency; decisions to prosecute or not to prosecute cannot and must not be taken by Ministers. But what I can tell the noble Baroness and the House is that the CPS is committed to reversing the negative trend in prosecution volumes seen over recent years. The CPS and the police are putting together a joint plan. The CPS is itself committed to a range of actions to drive forward improvement. This includes consulting and publishing revised rape legal guidance, including new content on challenging rape myths and stereotypes. From what I heard of the example given by the noble Baroness, that is a good instance of “rape myth”, and it behoves everybody engaged in this debate to make sure that the public know the facts and are not distracted by myths.
The noble Baroness asked me a couple of precise questions on funding—in particular, the division of the £70 million figure as between rape victims and domestic abuse. May I please write to her on that point, together with the other point on funding which she put to me?
Criminal Justice Review: Response to Rape
Baroness Gale Excerpts(2 years, 11 months ago)
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Lord Wolfson of Tredegar (Con)
My Lords, I will not quibble over the adjectives we use. The present position is entirely unsatisfactory. We need dramatic improvement, and it is my hope and that of the whole Government—particularly my honourable friend Mr Malthouse—that we will see that improvement.
On the specific point about data, we recognise the need for all partners across the criminal justice system to be held accountable for their part in improving outcomes for victims of rape and sexual violence, as well as for delivering on the action plan in the review. We will look for ways to address this. As Mr Malthouse said in terms in the other place yesterday,
“transparency is one of the key themes that we have been looking at … There will be an announcement, when the plan comes”,—[Official Report, Commons, 25/5/21; col. 267.]
as to how we will approach and publish the reporting of data.
Baroness Gale (Lab) [V]
Is the Minister aware that an analysis of Home Office figures published this week by the Guardian revealed this:
“While there were 52,210 rapes recorded by police in England and Wales in 2020, only 843 resulted in a charge or a summons—a rate of 1.6%.”?
Does the Minister agree that this figure indicates that there is very little sign of justice for victims, with most perpetrators just getting away with it? Is the Minister confident that, when it is finally published, the review will encourage victims of rape to come forward, give them all the support they need and mean that they can have confidence in the justice system—that is, that the perpetrator will be brought to justice?
Lord Wolfson of Tredegar (Con)
My Lords, I am absolutely aware of the figures referred to by the noble Baroness and recognise the need to do more to drive up the number of prosecutions and convictions. That is why this matter is a major focus for the Government and the CPS as we work to reverse what has been a negative trend over the past few years. It is fair to say that, if you look at the very recent history over the past quarter or two, the volume of prosecutions and the proportion of suspects charged have increased. However, progress is too slow and we need to do far more. I know that the CPS is working hard to continue the current trend.
We are putting in significant extra funds. I referred earlier to the independent sexual violence advisers. We have also put in an extra £51 million to increase support for rape and domestic abuse victims. However, more needs to be done, and the Government and I are determined that more will be done.
Women: Custodial Sentences
Baroness Gale Excerpts(9 years, 10 months ago)
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Baroness Gale (Lab)
My Lords, I, too, thank my noble friend Lady Healy for bringing this important debate before us.
Many noble Lords have said that giving custodial sentences to women who commit petty crimes does not work. As the noble Lord, Lord Ramsbotham, said, the numerous reports and inquiries on this topic all recommend alternatives such as those suggested in the excellent report of my noble friend Lady Corston. Women in prison have special needs which include childcare responsibilities, often poor physical and mental health, self-harm and domestic abuse. One in three has experienced sexual abuse, and about 25% were in care during their childhood. A number will have attempted suicide.
These are inadequate women, made even more so as a result of being in prison. We know that the majority of women in jail have committed not serious but petty crimes. Do these offences really require a prison sentence? There are other ways, mentioned by other noble Lords, which would be of greater benefit to the women and their families. There is a good economic case for looking at alternatives to prison.
The average annual cost of a prison place in England and Wales for the financial year in 2012-13 was just over £36,000—although I have seen other estimates that suggest that the average cost of keeping a women in prison is more than £56,000, compared to the cost of a community order of £2,800 per year and an average £1,300 for stand-alone community-based services. I should have thought that the Government would be very interested in that as it makes good economic sense to look at alternatives, especially given all the budget cuts.
What are the alternatives? The House of Commons Justice Committee report, Women Offenders: After the Corston Report, states:
“Prison is an expensive and ineffective way of dealing with many women offenders who do not pose a significant risk of harm to public safety … we recommend a gradual reconfiguration of the female custodial estate, coupled with a significant increase in the use of residential alternatives to custody as well as the maintenance of the network of women’s centres, as these are likely to be more effective, and cheaper in the long-run, than short custodial sentences”.
The Government’s response said they would set out a new approach to managing female offenders, including setting up an open unit at Styal to accommodate 25 women, and providing support work outside the prison. The aim is to make each custodial establishment in the women’s prison estate a resettlement prison, and to support women though the gate on release. This will be driven by the Advisory Board on Female Offenders.
In its most recent report in March, the Ministry of Justice gave an update on the Government’s delivery of strategic objectives for female offenders. It sets out its objectives for the year ahead, with the idea of supporting women in maintaining links with their children and family; helping women to find suitable housing on release; ensuring that women’s prisons have the strongest possible focus on employment; using the Advisory Board on Female Offenders; and, this year, starting with a particular focus on Wales. We do not have women’s prisons in Wales, and we certainly do not want any, but we would welcome the community approach that we have in Cardiff. What does the focus on Wales mean?
What is happening with Askham Grange in Yorkshire and East Sutton Park in Kent, due to be closed? They are regarded as having successful records in encouraging rehabilitation and enabling mothers to remain with their children. Because of protests, the closures have been halted for some time. Although the closure of prisons is to be welcomed, we should not be closing women’s prisons before all the alternatives are set out, otherwise we will have overcrowding. Can the Minister also say how the ambitious aims of the MoJ in its year-ahead objectives will be achieved?
Legal Aid, Sentencing and Punishment of Offenders Bill
Baroness Gale Excerpts(12 years, 1 month ago)
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Baroness Gale
My Lords, I am pleased that the Government have brought forward these amendments that give the victims of human trafficking the same support as that provided for the victims of sexual exploitation, as set out in Schedule 1. There is support around the House today for these government amendments and we, too, support them. They will make sure that the victims of human trafficking will be treated fairly and given the support that they need. The Minister has listened to your Lordships’ House and responded to the arguments which were so well rehearsed by the noble and learned Baroness, Lady Butler-Sloss, on Second Reading, in Committee and at Report in trying to convince the Minister of the need for these amendments. I am sure that the Minister will listen to the wish list as well as he has to the other arguments put before him. He promised that he would address these matters and we are all grateful that he has tabled these amendments. We fully support them.
Legal Aid, Sentencing and Punishment of Offenders Bill
Baroness Gale Excerpts(12 years, 1 month ago)
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Lord Warner
My Lords, I apologise for missing the beginning of this debate, but I was caught on the hop by the speed of progress.
Prompted by the noble Baroness, Lady Linklater, perhaps I may, with some trepidation, remind the Minister of the Youth Justice Board—not to score any points off him but to make the point that that body was set up to produce focus over a continuing period of time and to bring a range of agencies together to focus on the need of that particular group of offenders. I think the Minister accepts that some progress was made in youth justice by that kind of approach, and I hope that he will apply that approach and the same logic to women. I thoroughly support my noble friend’s amendment.
Baroness Gale
My Lords, I join noble Lords all round the House in supporting the amendment. There has been not one word of disagreement, and I am sure the Minister has listened carefully to what noble Lords have had to say on this issue.
I believe, as does my Front Bench, that the amendment can help to focus a national debate on the needs of women in the criminal justice system more effectively over the coming years, whatever Government are in office. My noble friend Lady Corston referred to what the Chief Inspector of Prisons, Nick Hardwick, said a few months ago. Two of the words he used to describe the state of the women’s secure estate were “aghast” and “ashamed”. I am sure that everyone who has spoken and has any knowledge of the subject would agree with those words.
In my view and that of many of my noble friends, the secure estate is too often no place for women. The majority of women in detention have not committed violent crimes. They are mothers, and each year more than 17,000 children are separated from their mothers because of imprisonment. Many of these women are victims themselves: one in four women in prison was in local authority care as a child; nearly 40 per cent left school before they were 16; over half have suffered domestic violence; and one in three has suffered sexual abuse.
I do not believe that anyone who has read the 2007 report of my noble friend Lady Corston has not been impressed by her recommendations—as my noble friend said earlier, it is now five years since the report was presented—by the examples she gave, by the intellectual force of her arguments and by the way in which these could be translated into effective solutions. We did not do enough to put those solutions into practice but we did make some progress. We continue to listen carefully to what my noble friend Lady Corston says on these matters because of her great experience in this field.
The Women’s Criminal Justice Policy Unit in the MoJ will help to bring her recommendations to life. It will provide a safe and collaborative environment within government and across departments for real joined-up thinking on these matters.
To deal with women’s needs in a holistic way—their health and social welfare needs and how local authorities, the Home Office and other bodies could work to keep them out of crime and out of jail—there is a need for all government departments to work in this collaborative way because the needs are so great and the challenges so important. The results would certainly be more beneficial, not just for the woman involved but for her family and the society that she comes from.
With this great agreement that women should not be in prison—every report that one has read over the years has said the same thing, and all Governments agree—I would hope that this amendment could be put into action. I pay tribute to my noble friends Lady Corston, Lady Gould and Lord Judd and the noble Lord, Lord Ramsbotham, who put their names to this amendment, and to all those who have taken part in this debate this afternoon. They spoke with such passion in the belief that something should be done on these matters. I know the Minister is concerned about this and I am sure that he will look at this very favourably in the cause of justice for women. I look forward to his response.
Baroness Gale
“Disclosure of information about convictions etc. of violent abusers to members of the public
(1) The responsible authority for each area must, in the course of discharging its functions under arrangements established under section 325 of the Criminal Justice Act 2003, consider whether to disclose information in its possession about the relevant previous convictions of any violent abuser managed by it to any person deemed by the authority to be at risk.
(2) In the case mentioned in subsection (3) there is a presumption that the responsible authority should disclose information in its possession about the relevant previous convictions of the offender to the particular member of the public.
(3) The case is where the responsible authority for the area has reasonable cause to believe that—
(a) a serious violent abuser managed by it poses a risk in that or any other area of causing serious harm to a particular at risk person, and(b) disclosure of information about the relevant previous conviction of the offender to the particular member of the public is necessary for the purpose of protecting the at risk person from serious harm caused by the offender.(4) The presumption under subsection (2) arises if the person to whom the information is disclosed requests the disclosure.
(5) Where the responsible authority makes a disclosure under this section—
(a) it may disclose such information about the relevant previous convictions of the offender as it considers appropriate to disclose to the member of the public concerned, and(b) it may impose conditions for preventing the member of public concerned from disclosing the information to any other persons.(6) Any disclosure under this section must be made as soon as is reasonably practical having regard to all the circumstances.
(7) The responsible authority for each area must compile and maintain a record about the decisions it makes in relation to the discharge of its functions under this section.
(8) The record must include the following information—
(a) the reasons for making a decision to disclose information under this section,(b) the reasons for making a decision not to disclose information under this section, and(c) the information which is disclosed under this section, any conditions imposed in relation to its further disclosure and the name and address of the person to whom it is disclosed.(9) Nothing in this section requires or authorises the making of a disclosure which contravenes the Data Protection Act 1998.
(10) This section is not to be taken as affecting any power of any person to disclose any information about a violent abuser.”
Baroness Gale
My Lords, I am pleased to speak to the amendments in my name, even at this late hour. In Committee on 9 February we debated Amendments 155 and 156, which deal with Clare's law. I spoke in detail about the tragic case of Clare Wood, a young woman who was murdered in 2007 by her ex-partner, George Appleton. Six days after he murdered Clare, he committed suicide. It was then discovered that he had a long background of violence against women. Clare had no way of knowing; if she had, perhaps it could have saved her life. I pay tribute to Michael and Adam Brown, Clare’s father and brother, for their campaign to change the law. I also thank my right honourable friend Hazel Blears MP, who is Michael’s Member of Parliament and has campaigned with him to bring in Clare’s law.
The national domestic violence disclosure scheme represents an important addition to the measures successive Governments have taken in dealing with domestic violence. Until the intervention of your Lordships’ House, this Bill might have done so much damage to the rights of victims of domestic abuse because of the legal aid cuts, but finally there is something that bolsters the rights of women—and men—to live in freedom from violence.
Baroness Northover
My Lords, when we debated these amendments in Committee my noble friend Lord McNally was able to tell the Committee how sympathetic the Government were to the thinking behind them, borne out of the circumstances of the tragic murder of Clare Wood by Clare’s ex-boyfriend who had previous convictions for violent offences. I pay tribute to Clare’s family and to the noble Baroness, Lady Gale, and others on this issue.
As the noble Baroness has flagged, the Home Secretary has announced the Government’s intention to pilot a domestic violence disclosure scheme for one year in the four police force areas of Greater Manchester, Gwent, Nottinghamshire and Wiltshire. The pilot will start this summer, and I hope that noble Lords will welcome it. The pilot, which is similar in spirit to that envisaged by the noble Lady’s amendment, will be established under existing police powers and test two types of process.
The first will be triggered by a request by a member of the public, in other words, a “right to ask”. The second will be triggered by the police, where they make a proactive decision to disclose the information in order to protect a potential victim, which we are calling a “right to know”. The Government believe that a disclosure scheme, which establishes a framework with recognised and consistent procedures for disclosing information, will enable new partners of previously violent individuals to make informed choices about how and whether they take that relationship forward. I note what my noble friend Lady Hamwee said on this, and it may be that she would prefer the second pilot.
The Home Secretary’s announcement follows a consultation held by the Government. A clear majority of respondents favoured the introduction of a national disclosure scheme. However, the consultation raised important issues about the scope and proportionality of the information that should be disclosed to potential victims, the safeguards that will be needed against malicious applications and the paramount need for the safety of victims to be taken into account. These are serious matters, and the Home Secretary has concluded that it is therefore right that these issues are addressed and tested in a pilot to ensure that the disclosure scheme is compatible with all relevant law and accounts for the safety and needs of potential victims. The Home Office is undertaking further scoping work to decide how the disclosure scheme will work.
Amendment 156ZA would require the Secretary of State to commission an independent review of the pilot and to publish its findings. I can confirm, as my noble friend Lady Hamwee indicated, that we will conduct an assessment of the domestic violence disclosure scheme as part of the pilot process and make our conclusions public. I hope that that reassures the noble Baroness, Lady Gale. The assessment will be used to inform decisions about whether the scheme should be expanded further after piloting.
The House may be assured that the Government’s aim is to end all forms of violence against women and girls. Soon after coming to office, we set out a new strategy to end violence against women and girls, and on 8 March we published an updated action plan in this area. The domestic violence disclosure scheme pilot announced by the Home Secretary is part of that updated action plan. The fact that approximately two people are killed by their current or former partner each week underlines the need for action. The Government believe that the domestic violence disclosure scheme will be an important additional tool that enhances the protection available to victims. I thank the noble Baroness, Lady Gale, for her work in this area, and I hope that with these reassurances she will be willing to withdraw her amendment.
Baroness Gale
I thank the Minister for her reply and the noble Baroness, Lady Hamwee, for her contribution to this debate. I agree that in the early stages of a new romance a woman is not likely to check on her new partner but, as time progresses, she may have queries and worries. We know the success of Sarah’s law. I am sure that the pilot and the assessment could provide a lot of evidence which would make it useful for rolling out throughout the country.
I am glad that the assessments about which the Minister spoke will be made public. As the noble Baroness, Lady Hamwee, suggested, we will be putting this in our diaries, checking up and asking questions. Certainly, at the end of the first year everyone will want to know the results of the assessment. I am glad that the Minister once again made the Government’s commitment to end violence against women. Both the previous Labour Government and the coalition Government have been committed to this and we have a lot in common. I do not think that there is much between us at all. I thank the Minister for her response. With that, I beg leave to withdraw the amendment.
Legal Aid, Sentencing and Punishment of Offenders Bill
Baroness Gale Excerpts(12 years, 2 months ago)
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Baroness Gale
“Disclosure of information about convictions etc. of violent abusers to members of the public
(1) The responsible authority for each area must, in the course of discharging its functions under arrangements established under section 325 of the Criminal Justice Act 2003, consider whether to disclose information in its possession about the relevant previous convictions of any violent abuser managed by it to any person deemed by the authority to be at risk.
(2) In the case mentioned in subsection (3) there is a presumption that the responsible authority should disclose information in its possession about the relevant previous convictions of the offender to the particular member of the public.
(3) The case is where the responsible authority for the area has reasonable cause to believe that—
(a) a serial violent abuser managed by it poses a risk in that or any other area of causing serious harm to a particular at risk person, and(b) disclosure of information about the relevant previous conviction of the offender to the particular member of the public is necessary for the purpose of protecting the at risk person from serious harm caused by the offender.(4) The presumption under subsection (2) arises if the person to whom the information is disclosed requests the disclosure.
(5) Where the responsible authority makes a disclosure under this section—
(a) it may disclose such information about the relevant previous convictions of the offender as it considers appropriate to disclose to the member of the public concerned, and(b) it may impose conditions for preventing the member of public concerned from disclosing the information to any other persons.(6) Any disclosure under this section must be made as soon as is reasonably practical having regard to all the circumstances.
(7) The responsible authority for each area must compile and maintain a record about the decisions it makes in relation to the discharge of its functions under this section.
(8) The record must include the following information—
(a) the reasons for making a decision to disclose information under this section,(b) the reasons for making a decision not to disclose information under this section, and (c) the information which is disclosed under this section, any conditions imposed in relation to its further disclosure and the name and address of the person to whom it is disclosed.(9) Nothing in this section requires or authorises the making of a disclosure which contravenes the Data Protection Act 1998.
(10) This section is not to be taken as affecting any power of any person to disclose any information about a violent abuser.”
Baroness Gale
My Lords, this amendment and Amendment 180B are tabled in the names of my noble friends Lady Royall of Blaisdon, Lord Bach and Lord Beecham.
I begin by paying tribute to Michael and Adam Brown. It is as a result of their campaign that we are here today and are debating this important issue in order that we can protect vulnerable women and men from the very small percentage of people who think that they have a right to hurt the partners they claim to love. In 2007 Michael’s daughter and Adam’s sister, Clare Wood, a resident of Salford, began a relationship with George Appleton, a man she had met through the social networking website Facebook. A year later she ended the relationship but became the target of a sustained campaign of violence and harassment from Appleton. Over the next six months Appleton stalked Clare, sexually assaulted her and threatened to kill her. Then in February 2009 he strangled her, killing her before setting her body on fire. After a six-day manhunt he fled to an abandoned pub in Salford and hanged himself.
Appleton had a long background of violence against women, including repeated allegations and convictions of harassment, threats to kill, and kidnapping one of his ex-girlfriends at knifepoint. Clare had no way of knowing this. Had she had that information, it could have saved her life. I think we would all agree that this is a horrifying story.
My right honourable friend Hazel Blears, MP for Salford, has advocated for this change of law and worked on this amendment, as Michael Brown is a constituent of hers. We need to change the law urgently to save lives.
At the inquest into Clare’s death, the coroner made the following recommendation:
“Subject to appropriate risk assessment and safeguard, I recommend that consideration should be given to the disclosure of such convictions and their circumstances to potential victims in order that they can make informed choices about matters affecting their safety and that of their children”.
Since Clare’s death, her father Michael Brown and brother Adam have campaigned for a change in the law to enact precisely the coroner’s recommendations to give women and men at risk of domestic violence the right to know of any threat that they face. The Respect & Protect: Clare’s Law campaign calls for women and men to be given the right to know. It has received cross-party support and has been backed by Fabulous magazine and Key 103 radio.
In 2009 a report commissioned by ACPO and compiled by Chief Constable Brian Moore of Wiltshire Police advocated the creation of a right to know, but by the creation of a positive duty on the police proactively to disclose information. This is not just a compassionate issue but one with serious public order, health and economic implications. Domestic violence represents 18 per cent of all violent incidents. The cost of domestic violence was calculated to be £15.7 billion in 2008 in public services, loss to the economy and victims. In 2009-10 in England and Wales, 21 men and 94 women were killed by a partner or ex-partner. Over the past 10 years, an average of between 111 and 146 people a year have been murdered by their partner or ex-partner. ACPO estimates that there are 25,000 serial perpetrators of domestic violence in the country. It has the highest rate of repeat victimisation of any crime, with 44 per cent of victims victimised more than once in the past 12 months. Therefore, if we act today we know that we will stop a significant number of repeat abusers and help a huge number of men and women to take control of their personal safety.
The public support this initiative. Polling conducted by Fabulous magazine in the summer of 2011 found that 91 per cent of women agree that they should be given the right to know whether their partner has a history of domestic violence; 84 per cent think that such a change in the law could save lives; and 77 per cent would consider leaving their partner if they found that he had history of abuse.
On 25 October 2011, the Home Office launched a consultation on the introduction of a domestic violence disclosure scheme. This followed a meeting between the Home Secretary, Theresa May, Michael Brown and my right honourable friend Hazel Blears. The consultation paper established the three following options: to continue current arrangements under the existing law; to create a “right to ask” national disclosure scheme; and to create a “right to know” national disclosure scheme. On 27 October 2011, Hazel Blears MP tabled a new clause to the Legal Aid, Sentencing and Punishment of Offenders Bill that would have introduced Clare’s law. The new clause was based on the legal framework established by Sarah’s law, which created a disclosure law for paedophiles living within a locality. Therefore, while the Home Secretary’s consultation on Clare’s law, which has just ended, is welcome, for the law to be changed, legislation surrounding crime and justice needs to be passed. The passage of the Bill through Parliament provides a legislative vehicle to which the change can be attached. At the moment, while there is some common law provision for disclosure, it is unclear and needs clarification. The Clare’s law proposal aims to empower men and women by giving them the right to request this information. A codification of the law will make it easier for men and women to make a request, and provide clearer guidance to the agencies on their roles and responsibilities.
The Hazel Blears clause represents the second option in the consultation. The first option does not offer a change to the current situation and the third creates obligations for the police that might be difficult for them to meet. The second option—a right to ask—gives men and women the opportunity to make a request without putting the police in the position of having to make a disclosure or risk negligence claims. Any change in the law needs a legislative vehicle. The passage of the Legal Aid, Sentencing and Punishment of Offenders Bill offers an opportunity to change the law. As this matter relates to crime and security, any change must be appended to a Bill that deals with either justice or crime prevention. With no other Bill to address these issues on the horizon, this offers the Government an easy way to change the law quickly, before more people are killed at the hands of serial domestic abusers.
Under the consultation put forward by the Government—the second option—a four-step process will take place. After an initial enquiry by A to the police, the police undertake an initial check on the police national database to identify whether any information is held on B. The police then meet A face-to-face to confirm their identity and that of B, to confirm the relationship between them, and to enable A to complete a formal application for disclosure. The police will then conduct full checks on the police database systems to inform a risk assessment for A. The police refer information about B to an appropriate multi-agency setting, probably a multi-agency risk assessment conference, which would then make a decision on whether to disclose the information to A. Such a decision would be informed by the risk assessment and whether appropriate safety measures could be put in place for the applicant. If disclosure was approved, it would be made by the police with an independent domestic violence adviser present to provide support to A, if required.
The introduction of the police national database in 2011 offers the opportunity easily to identify serial perpetrators of domestic violence. The PND gives police the ability to create national markers, such as a domestic abuse serial perpetrator marker, which could flag up prolific and dangerous subjects operating across England, Wales and Northern Ireland. This is a very important subject. I, Hazel Blears and, of course, Michael and Adam Brown, are thankful that we are able to debate this matter today. Debate was prevented in another place as, due to the timetabling on Report, this amendment was not reached.
When can the Government’s response to the consultation be expected? What was the weight of opinion in the replies? I trust the Minister can give an assurance that the Government will support this amendment to bring about Clare’s law. I can assure him that we would welcome further discussions with him, if required, to ensure a positive outcome which would do so much to provide a safety net for these people. I look forward to hearing a positive response from him on this matter. I beg to move.
Lord McNally
My Lords, earlier today we gave support to Jane’s law. The noble Baroness referred to Sarah’s law. Now we are discussing Clare’s law. Those all stem from tragedies that have befallen families. The measure may be viewed as a case of slamming the stable door but we are trying to learn lessons from those tragedies and to give the families concerned at least the comfort of knowing that the lessons we have learnt will save others in the future. Therefore, I assure the noble Baroness that we have great sympathy with this proposal. We pay tribute to the campaign that Hazel Blears, the Member for Salford and Eccles, has pursued in co-operation with Clare’s family, and her work in tabling this amendment in the other place.
As the noble Baroness explained, the amendment would place a duty on responsible authorities such as the police, probation and Prison Service to consider disclosing information held in their possession about the relevant previous convictions of any violent abuser to any person deemed by the responsible authority to be at risk. The amendment is born of the circumstances referred to by the noble Baroness, Lady Gale, of the tragic murder of Clare Wood by her ex-boyfriend. Noble Lords will know that the Government have been considering this issue very carefully. The Government are committed to ending violence against women and girls. The fact that approximately two people are killed by their current or former partner each week underlines how serious this issue is, and we are committed to looking at new ways of protecting victims.
Baroness Gale
I am grateful to the Minister for his positive response, and I know that he understands that this is a crucial and serious issue. We have seen the success of Sarah’s law and I am sure that we will eventually get to Clare’s law. We look forward to working with the Minister to see in which way we can progress successfully on this matter. In the mean time, I beg leave to withdraw the amendment.
Domestic Violence, Crime and Victims (Amendment) Bill
Baroness Gale Excerpts(12 years, 3 months ago)
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Baroness Gale
My Lords, I thank the noble Lord, Lord Laming, for bringing this Bill before us today. As other noble Lords have said, with his vast experience in this field, there could be no one better. I thank other noble Lords too for their contributions. It is obvious that there is support for this Bill all around the House, as was the case in another place. The 2004 Act is very important and has proved to have worked well.
My noble and learned friend Lady Scotland took the then Bill through your Lordships’ House. In Committee, the noble Baroness, Lady Walmsley, spoke about the Law Commissioner and the NSPCC’s concern about cases where children were seriously harmed. She suggested that it was unacceptable to leave no remedy for these cases. My noble and learned friend said:
“In looking at this, I am conscious of the magnitude of the step we are already taking in our proposals in terms of attributing responsibility to those who do not already have a duty of care to a vulnerable child or adult. We are breaking new ground with this offence. Offences that result in the death of the victim have always been viewed in our legal system as particularly serious and meriting unique treatment. This makes a natural and appropriate starting place for extending the bounds of responsibility in the way we propose. I am not ruling out revisiting the question in the future, when we have seen how the new offence works in practice, and possibly extending it to serious harm. But I am very reluctant indeed to do so at this stage. We should be aiming for something clear, simple and well focussed initially to add to the statute book”.—[Official Report, 21/1/04; col. GC 341.]
That was in 2004 and, indeed, it was breaking new ground. It also recognised that time was needed to see how the 2004 Act would work and that there would be the need to revisit it in the future.
The law now deals with the death of a child or vulnerable adult at the hands of parents or other members of the household, and no longer can they escape justice by remaining silent. I believe that everyone will agree that the Act was the correct way to proceed in 2004, but now in 2012 it is time for us to look at it again, as the noble Lord, Lord Laming, has proved with the cases he cited, where children or vulnerable adults have received serious physical injuries. At present, perpetrators escape justice simply by remaining silent, which proves that there is a need for the Bill before us today. It will close a gap in our legislation. The data that the noble Lord, Lord Laming, shared with noble Lords today show clearly that there is now a need to amend Section 5 of the 2004 Act. Eight years on since its passing, now is the correct time to take action. Were a Labour Government in office now, I have no doubt that we would either have brought forward legislation or would be supporting a Private Member’s Bill of this nature. So we fully support this Bill and look forward to working with the noble Lord, Lord Laming, to ensure its smooth passage through your Lordships’ House.
Crime: Rape
Baroness Gale Excerpts(12 years, 11 months ago)
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Lord McNally
The case that the noble Baroness brings up is one that is best left to the good judgment—and it is the good judgment—of the authorities involved in those cases. It is extremely difficult to make broad-brush assumptions. I note what she says and, for our review of sentencing, I will take back the particular point that she has raised.
Baroness Gale
My Lords, all incidents of rape are serious and to indicate otherwise sends the wrong message to victims of rape. Will the Minister give an undertaking to ensure that there is a public awareness campaign about the laws on rape and consent so that we make it absolutely clear that non-consensual sex is a serious offence? I believe that this would clear up any misunderstandings that have happened over the past week.
Lord McNally
I do not think that there are misunderstandings from over the past week. There has been no doubt that this Government take rape very seriously, and the Secretary of State takes rape very seriously. The amount of money, even at a time of difficulty in overall spending, has been maintained and the number of rape advice centres has been extended. However, I agree with the noble Baroness that it is time to publicise the seriousness of rape, and I think that that could be started in the schools and by looking at some of the worrying things in advertising, in pop music and in some of the newspapers, which have been so quick in their editorial pages to condemn my right honourable friend. Some of those should look at where they put the position of women in society and whether they encourage young men to give women the respect that they should have. That might be a start.
Legal Services Act 2007 (Approved Regulators) Order 2011
Baroness Gale Excerpts(13 years ago)
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The Minister of State, Ministry of Justice (Lord McNally)
My Lords, I presume that later in the consideration of the European Union Bill we will get on to the Schleswig-Holstein question. In the mean time, it is my responsibility to speak to the Motion to approve the Legal Services Act 2007 (Approved Regulators) Order 2011.
The power to make this order is in paragraph 17(1) of Schedule 4 to the Legal Services Act 2007. The order seeks to designate the Institute of Legal Executives—ILEX—so that it can allow its members to conduct litigation and regulate them in doing so. In practice, the extent to which ILEX will be able to deploy this right will be limited by its own regulatory framework, which will mean that the only ILEX members who can conduct litigation if this order is made will be associate prosecutors employed by the Crown Prosecution Service. The Legal Services Act classifies the conduct of litigation as a reserved legal activity that can be carried out only by a person who is either “authorised” or “exempted” by the Act. At present, associate prosecutors are exempted to carry out specific litigation.
ILEX has drafted specific rules that will set out the processes by which the work of associate prosecutors will be integrated into ILEX’s regulatory regime. Under these rules, associate prosecutors will be required to abide by ILEX’s code of conduct and undertake a specified amount of continuing professional development. In addition, ILEX will review and assess associate prosecutor training programmes. A memorandum of understanding has been agreed with the CPS that sets out the working arrangements for the regulation of associate prosecutors, including the handling of complaints, ILEX’s information requirements and a facility for ILEX to carry out its own inspections and reviews.
Both ILEX and the Legal Services Board have consulted on ILEX’s application for designation. The responses were broadly supportive, including those from other legal services regulators. In making its recommendation to the Lord Chancellor about this order, the Legal Services Board has satisfied itself that any issues arising from the consultation have been addressed.
In anticipation of this order, ILEX has applied to extend the scope of its regulatory framework so that it can grant a wider range of litigation rights to a wider range of its membership. It falls to the Legal Services Board to determine this application. Clearly, any extension to the range of ILEX practitioners who can conduct litigation independently could have a significant impact on the legal services market. The Legal Services Board has a statutory duty to promote competition within that market, so I would expect it to evaluate the potential impact carefully in considering ILEX’s wider application.
I commend this order to the House.
Baroness Gale
My Lords, I thank the Minister for bringing this order before us tonight. We are pleased to support the order, which naturally emerges from the Legal Services Act 2007. ILEX is already an approved regulator, but its powers as a regulator will now extend to regulating those who conduct litigation.
ILEX was recognised as an approved regulator as a result of the Legal Services Act 2007, the aim of which was to liberalise and modernise the regulation of the legal profession as well as to increase access to legal services. The Act moved away from self-regulation to independent regulation, which was a major step in improving consumer confidence in legal services. It was a very good piece of Labour legislation. At a time when we see daily restrictions on access to justice and the availability of legal services, there is a need to encourage the intention and practice of the Legal Services Act in broadening access where possible.
ILEX does an excellent job in regulating its part of the profession, and legal executives also do an excellent job in the services that they provide. Furthermore, this part of the profession draws from a wider social background than other parts of the profession—something that the strategy for social mobility, which was published today, could learn a lot from. This is a sensible proposal that will enable ILEX to regulate certain members who conduct litigation. I am sure that it will further improve the regulatory system.
It is right and proper that this measure is agreed to promptly and in time for implementation on 1 May. Once again, I am pleased to say that we fully support this measure tonight.
Public Bodies Bill [HL]
Baroness Gale Excerpts(13 years, 1 month ago)
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Lord Grade of Yarmouth
My Lords, I declare a past history of relationships with S4C through my involvement at Channel 4 and later at the BBC. While I cannot speak with the passion of a Welsh language speaker, of a Welsh inhabitant or of somebody of Welsh birth, I have always supported S4C whenever I have had the opportunity and have been involved. I am sure that the archives—because that, sadly, is where my support now sits—will demonstrate that I have always supported the ambitions of S4C and its contribution to the culture and life of these islands.
That said, I regret that I cannot support the amendment. I am listening to this debate as a broadcaster who has in various guises seen various free-to-air public service broadcasting bodies be picked up by the roots more often that the petunias in my garden, be pruned, re-examined, replanted and repotted, with attempts to kill them off and so on. I have been listening to the fear and worry in noble Lords’ minds. However, from where I sit and from my experience, I can say that S4C occupies the most privileged position in British broadcasting that is possible to imagine, and the idea of introducing a greater level of accountability and transparency seems perfectly reasonable. Obviously, the devil lies in the detail and change creates uncertainties. However, I am sure that the uncertainties will be ironed out.
I am in some confusion surrounding the independence of S4C. I have heard a number of noble Lords express concerns about its future independence, but then I hear that the solution is to give the money to the Treasury to dole out or to give it to the DCMS—the Government of the day—to look after. I cannot imagine anything more likely to undermine the independence of a broadcaster than being in the hands of the Treasury and the DCMS. I am trying not to sound in any way antagonistic towards S4C, which I believe in passionately. I wish there were a Yiddish channel for the language that is dying out in my culture, but there is not. S4C is a very, very important part of Welsh sovereignty and identity and so on. It deserves to be protected and it deserves public money, but the price you pay today for that privileged position is greater accountability and transparency.
I am sure that the Government are hugely sensitive to the issues that surround broadcasting. I would be very comfortable if my future depended on the BBC Trust. It understands the independence of broadcasting and it exists to create an independent BBC. I can think of no greater guarantor of the independence of S4C than the BBC Trust. Therefore, with great regret, I cannot support the amendment and I commend the words of my noble friend Lord Crickhowell.
Baroness Gale
My Lords, I agree that this has been another great and passionate debate. There have been contributions from many noble Lords who are steeped in the language and culture of Wales and have great knowledge of S4C’s history and of how it is run. I am sure that the Minister will have taken note of what has been said.
First, I thank the Minister for arranging a meeting with the Secretary of State, the right honourable Jeremy Hunt. It gave interested Peers the opportunity to discuss their concerns about the Government’s proposals for S4C. I believe that all the Ministers and the Secretary of State were made aware of the very strong feelings that Welsh Peers have regarding this matter.
I am sure that over the past few days many noble Lords have, like me, received numerous e-mails from a range of people and organisations in Wales expressing their fears and concerns about the future of S4C. The people who wrote to me were not extremists; they were from organisations such as the National Eisteddfod of Wales, Merched y Wawr, Urdd Gobaith Cymru and a number of churches. I also received letters from a number of individuals, and everyone was very concerned about the Bill as it stands. It seems that very few people in Wales agree with the Government’s proposals regarding the future of S4C, although they all recognise that there are problems which need to be addressed, as some noble Lords have mentioned. Of course, funding issues, too, have to be looked at.
In Committee, we mentioned that the four leaders in the Welsh Assembly made very sensible suggestions in their letter to the Prime Minister, calling for an independent inquiry commissioned by the Welsh Assembly and the Westminster Government. However, that suggestion seems to have been ignored—if there was a response, we are not sure what it was. The Minister, the noble Baroness, Lady Rawlings, said in Committee that it had not been practical to have in-depth discussions with all interested parties ahead of the announcement, and that the timetable reflected the Government’s desire to put the UK finances in order. Later, she said:
“We have had lengthy dialogues with Cardiff to secure the future of S4C within the BBC partnership with DCMS funding”.—[Official Report, 9/3/11; col. 1640.]
Can she say something about those discussions in Cardiff, as we are not sure how they went? Who took part, what was the outcome, and are the discussions continuing? I feel that if more discussions had taken place earlier, the general feeling that the Government have not been listening could have been dealt with.
In a letter to the noble Lord, Lord Wigley, Jeremy Hunt said that the Government are committed to the future of Welsh language programming and to S4C as a strong and sustainable Welsh TV service with editorial independence. He said that a change to the funding model did not represent any threat to S4C as an independent service. I hope that the Minister can give positive answers today in order to alleviate the concerns expressed by noble Lords. I emphasise that all the organisations and individuals in Wales who have written to a number of us are concerned. They believe that S4C should be taken out of the Bill. They have great knowledge of what is going on in Wales and of how S4C operates, and they all want to see it taken out of the Bill. As I said, these people are not extremists.
Everyone who has spoken today has said that they support S4C and wish to see it continue. The one desire is to maintain a strong Welsh language television channel in Wales for the benefit of all who live in Wales and who value the language and culture. The people of Wales need some reassurance that that will happen. The amendments in this group would go some way towards achieving that, especially if S4C were to be removed from Schedule 4.
I hope that the Minister can give some assurance on the independence of, and funding for, S4C. I repeat that we would like to see S4C removed from Schedule 4. We look forward to the Minister’s response, bearing in mind what has been said today and that the people of Wales will be listening to what she says. We support the amendment of the noble Lord, Lord Wigley.
Baroness Rawlings
My Lords, we have had another full and passionate debate today, and it is clear that this is an incredibly important issue. Once again, noble Lords on all sides of the House have demonstrated the depth of feeling and commitment that exist on this issue, and I know that the Government share that. I make it clear at the start that Her Majesty’s coalition Government remain fully committed to Welsh language television broadcasting, as I said in Committee and in response to earlier questions. We recognise the immense value that it has to the culture, economy and people of Wales and the role that it plays in preserving and promoting the Welsh language. I would like your Lordships to be under no illusions about the Government’s primary objective for S4C, which is to protect Welsh language television for the long term. I repeat that: it is to protect Welsh language television for the long term. I am afraid that we beg to differ with the views of the noble Baroness, Lady Morgan, which I hope to explain further in my response.
Since our last debate, in Committee on 9 March, I, along with the Secretary of State for Culture, Media and Sport, my noble friend Lord Taylor and the Minister for Wales, have met several noble Lords to discuss S4C and to listen to your Lordships’ concerns as promised. We had a very helpful discussion and I am grateful to all noble Lords who attended for their insightful and constructive approach. Their views have been invaluable and I appreciate the frankness and sincerity of their contributions to the debate. It was clear that, while our views differed on some methods of reform, we fundamentally shared the view that S4C must be protected as an independent channel, secured for the long term.
I will take some time today to try to give specific assurances wherever I can to all of the concerns that have been raised. I make no apologies for speaking at length on this issue, for it is one that the Government feel strongly about and one that merits the invaluable attention of your Lordships’ House. In doing so, I will speak to Amendment 29A in the name of the noble Lord, Lord Wigley; Amendment 34B in the name of my noble friend Lord Roberts of Conwy; Amendment 40 in the name of my noble friend Lord Roberts of Llandudno; and Amendment 41 in the name of the noble Lord, Lord Elystan-Morgan. I also clearly state from the outset that the Government intend to support Amendment 34B to add S4C to Schedule 3.
I will first talk about the funding of S4C, which so many noble Lords asked about. There has been almost universal acceptance that S4C, like any organisation in receipt of public money, must operate within the economic context in which we find ourselves. Cuts to the funding of S4C are inevitable and the existing, index-linked funding arrangement is simply untenable. The cut to S4C is exactly in line with the cut to the Department for Culture, Media and Sport. Quite simply, that represents the fairest solution. As well as the funding that S4C will receive from the Government and the BBC over the next four years, it will also receive around £20 million per year worth of programming from the BBC, which your Lordships will agree is not an insignificant sum.
A number of noble Lords asked for the funding for S4C to be secured for a longer period. I assure the noble and learned Lord, Lord Morris, that the Government have secured ring-fenced funding for S4C for the entire comprehensive spending review period up to March 2015. The noble and learned Lord asked for ring-fencing up to 2016, but we support it up to 2015, give or take a few months. That should be welcomed in the current fiscal climate and goes beyond the security given to many other bodies. Beyond the spending review period, the Government are committed to making certain that the new partnership arrangement will guarantee a level of funding that is sufficient to allow S4C to deliver its public service remit, as enshrined in legislation.
I reiterate the Government’s commitment to have a full review of the scale, scope and funding of S4C before the end of the spending review period, once the new partnership has had time to bed in, as my noble friend Lord Grade said. The long-term performance of the channel should be determined by its success rather than by how much money it receives. That success will be defined following the review which will be shaped by the people of Wales.