Police and Crime Commissioner By-election

Baroness Gardner of Parkes Excerpts

Thursday 15th July 2021 Lords Chamber

[Baroness Williams of Trafford (Con) [V]]

My Lords, as I said earlier, it is entirely up to the individual to declare convictions, whether recent or historic. As I have said before as well, setting such a high bar for election had cross-party agreement. The Cabinet Office will look at some of the gaps inherent in this first and most recent situation that has happened.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, can the Minister advise on whether the Government are working with the Electoral Commission and other bodies to look at whether the advice and guidance to candidates seeking election needs to be enhanced or revised to help avoid the recurrence of this sort of costly error in the future?

[Baroness Williams of Trafford (Con) [V]]

My Lords, we will work with appropriate parties to ensure that we can iron out some of those gaps which have taken place over recent months. It is clearly not a good situation for the public, as the electorate, or indeed the taxpayer.

Police: Body-worn Videos

Baroness Gardner of Parkes Excerpts

Wednesday 7th July 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

Body-worn video is an incredibly useful tool for the police, not only to bring criminals to justice, ultimately, but to protect the police against accusations regarding how they treat potential criminals. That latter factor is very important. Clearly, we make policy decisions and the police implement them. They are operationally independent of us and it is for them to issue those decisions. Of course, the National Police Chiefs Council’s advice on the whole framework of their use is very important.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, given the success of body-worn cameras in helping to de-escalate matters and providing evidence where a crime has been committed, does the Minister think that the time has come for all police officers to wear body-worn cameras?

[Baroness Williams of Trafford (Con)]

My noble friend makes a good point, but we have to be careful here. The use of body-worn video has to be lawful, necessary and proportionate, and I think that is why the call for its use in stop and search has been made. Its use generally has to be incident specific. I take the point that my noble friend makes, but it is probably not useful or advisable in all circumstances.

Right-to-Work Checks for UK Nationals

Baroness Gardner of Parkes Excerpts

Tuesday 18th May 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

Well, I am very grateful to the noble Lord for a heads-up this morning, and it is important to say to him that Brexit has not changed the rights of foreign nationals to access schools. State schools do not have a role in policing the immigration system. Independent schools, with sponsor licences, do have an explicit duty to have documents proving the right to stay in the UK. I do not know the details of the noble Lord’s case, but I would be most grateful to have some further detail, and perhaps we can discuss it further.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, following the move to more distanced right-to-work checks during the coronavirus pandemic via video link, in operation to 21 June 2021, can the Minister comment on what measures were taken to check against fraud and abuse of this process? What were the findings?

[Baroness Williams of Trafford (Con)]

Well, my noble friend asks the absolutely crucial question. We need security measures in place to ensure that the system is robust. What we have had in place as a temporary measure will, I am sure, be evaluated in due course. But she goes right to the heart of what we need when we progress towards more regular online checking.

Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

Baroness Gardner of Parkes Excerpts

Tuesday 2nd March 2021 Lords Chamber

[Baroness Gardner of Parkes (Con) [V]]

My Lords, when looking into this order, I found myself perplexed that the legislation governing borders and border control is spread across such a great many statutory instruments. It is no wonder that there is a discrepancy between the powers permitted for use on some borders and not on others.

I welcome that this order seeks to rectify that discrepancy by allowing the use of reasonable force where appropriate and necessary, so as to provide a unified approach for UK border officials across our international borders. However, I wonder whether it might be useful for the Delegated Powers and Regulatory Reform Committee—I speak from personal experience as a past member of it—to revisit this order at some stage in the future. It is just the sort of legislation that frustrates parliamentarians—and others, presumably—because it relies on so many statutory instruments, orders and regulations, rather than the primary piece of legislation, to introduce the rules.

I support the order but I believe that review, and perhaps consolidation, would be useful for everyone going forward.

Health Measures at UK Borders

Baroness Gardner of Parkes Excerpts

Thursday 4th February 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I think it is fair to say that we were being pressed last year to go with the EU in its vaccination programme and we said no, and it was the right thing to say no. I am not going to harp on and make political points, but we did the right thing at the right time. I do not say that from a position of carping: we did the right thing at the right time; we procured at the right time; it was absolutely the right thing to do and we should be really proud of that.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, I congratulate the Government and all in the National Health Service, whether staff or volunteers, on the marvellous rollout of the vaccine programme: thank you for all the hard work. Last week, during the repeat of the Covid update Statement in this House, I asked the Minister some questions about the proposal to use quarantine hotels. The response was that further details would follow this week. I am therefore asking once again, as I find the proposals on quarantine hotels set out in this Statement appear more watered down that those the Prime Minister spoke about on 27 January.

I know that Australia has been using this system of quarantine hotels for some time, and now it has quite a high profile, with the Australian Open tennis players in isolation in hotel quarantine at the moment. What are the plans for quarantine hotels here and who is it envisaged will use them? This Statement refers to their being only for those who “cannot be refused entry.” Given that the noble Baroness, Lady Harding, tells us in the track and trace report that only 60% of people isolate when asked to do so, should not all travellers to the UK be made to quarantine in hotels on arrival, to ensure isolation?

In addition, I understand that travellers are also going to be asked to make a declaration as to their reason for travel, and that is going to be checked by the carriers. I drew attention recently to the fact that in Australia they are now reporting problems with people pretending to come from other parts of the country, where they have not come from at all, in order to be untraceable. Will the Government confirm that there will be a penalty for carriers and travellers alike, as such a declaration about where you have come from can be effective only if the carriers refuse to transport people not travelling for legitimate reasons, and this cannot be just a ticking of the box exercise? We have also heard a lot in the press about private jets being used to circumvent restrictions. Will the same rules apply to them and how will these be enforced?

Domestic Abuse Bill

Baroness Gardner of Parkes Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 25th January 2021 Lords Chamber

[Lord Morrow (DUP) [V]]

My Lords, I, too, wish to commend the Minister on bringing this solid piece of legislation before the House and getting it to this stage. However, I rise to speak in support of these two amendments and commend those who tabled them and brought them before the House. I know the noble Baroness, Lady Meyer, speaks with personal knowledge on this issue, having listened to her on another occasion and to what she has said today. When someone refers to their personal experience, I think it is always prudent, has a lot of merit and deserves a lot of close attention.

I want to address my comments today to the narrow issue of parental alienation. I am aware that this legislation applies primarily to England and Wales, not Northern Ireland. However, it is important that all parts of the UK are able to move forward with these protections as soon as possible. A gap in legislation was created when the Northern Ireland Assembly was suspended. My DUP colleagues and I will support the amendment in the event of the Committee dividing. It would insert parental alienation into the definition of domestic abuse in Clause 1.

Sadly, we live in a society today where there are thousands of parents who do not have any relationship with their children, and in some of these cases simply because one parent, for no good reason, turned their child against them. This amounts to abuse and is debilitating. Parental alienation is a serious, deliberate manipulation of a child by one parent against the other parent. Of course, it can take many forms, including speaking negatively to the child about the other parent, reducing and controlling the child’s contact with the other parent, cancelling contact at the last minute and forbidding the child to talk about the other parent.

The effects can be life-changing. A child may believe that their parent is bad and dangerous. This can adversely affect a child’s mental health in later years. The child can be left bereft of the love, compassion and guidance of a parent. The alienated parent cannot share key milestones in their child’s life. I do not think it is possible to overstress the importance and influence of parents in their children’s life. Often by the time alienation has been proven through the courts it is much too late to encourage a child to see his or her other parent. Clinical depression, anxiety, fractured attachments, suicide ideation, deliberate self-harm, alcohol abuse, premature sexual activity and academic underachievement may have already occurred.

The sweeping generalisation that parental alienation is a concept being used by fathers as a tool to silence female victims of domestic violence is not accurate. There is a real risk that those advocating that position will neglect the needs of those men and women who do not have convictions for domestic violence or other offences but have been cut off from contact with their children and grievously miss them.

However, I want to make it abundantly clear that I am not in any way seeking to challenge cases where a child has valid reasons for rejecting a parent, such as abuse or neglect, or where they have been unavailable to a child due to a prolonged period of addiction or of working overseas. My understanding of these amendments is that they are focused on situations where children become alienated through no fault of the affected parent, so it is critical that the Committee recognises that the harm caused in these cases is not restricted to abuse of a child. We should not ignore the fact that there is a range of motivating factors and circumstances involved in parental alienation, but I consider it appropriate to place it within the domestic abuse legislation as it victimises both parent and child.

I recognise and welcome that the Minister has already taken steps to classify parental alienation as an example of the psychological abuse in draft statutory guidance accompanying the Bill. On balance, however, I do not believe that this represents a level of protection or impetus that full legislative protection would provide.

My party, the DUP, has some concern around whether parental alienation will receive the attention it deserves in training and guidance on criminal behaviours without it being specifically stipulated as an offence in the Bill. Members of the Northern Ireland Assembly raised similar points during the development of the Domestic Abuse and Family Proceedings Bill. We must ensure that there is knowledge, understanding and application of domestic abuse law as it relates to parental alienation.

We are mindful that these amendments and the Bill in general would address only issues relating to parental alienation at the point at which harm has been caused. While it may dissuade such behaviour in the future, we also recognise that prevention and earlier and better support for parents—and between parents and children—are key to improving long-term outcomes for children and families. There is a need for better collaboration between health and justice departments right across the UK in respect of this and specific policies on alienation.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, I support the Bill. The mental and physical damage of domestic abuse goes far beyond the pain and anguish caused at the time it occurs and stays with the victims and their families for many years, if not for the rest of their lives. It is important that we do all we can in this legislation to help victims to get out of abusive relationships and rebuild their lives.

I speak to Amendments 2 and 4, which propose to add parental alienation to the definition of abusive behaviour and therefore to every provision of the Bill. I fear that the proposed amendments may undo much of the work that the Bill seeks to do to protect victims of domestic abuse by swinging the pendulum of control back to the perpetrator of domestic abuse, rather than the victim, in making counterallegations.

Without meaning to sound flippant, at its extreme, any parent going through a break-up or divorce could find themselves of accused of domestic abuse under the Bill, and that is not what the Bill is intended for. I wonder whether the concern of the noble Lords who tabled these amendments is already covered by the combination of Clause 1(3)(e) and Clause 1(5). Alternatively, if the noble Lords behind the amendments have a specific instance in mind, they should look at where that could be catered for in specific clauses, but not as a wholesale change to the entire Bill in this way.

I can see these amendments having massive unintended consequences if they are included. I urge the Committee to accept neither change, to maintain the integrity of the Bill.

[Baroness Newlove (Con) [V]]

My Lords, I speak to Amendments 2 and 4 on parental alienation. As the former Victims’ Commissioner, over the years, I have spoken to many domestic abuse victim survivors, and I have spoken about parental alienation. I know that this issue has been raised several times over many years from several parts of the country. No doubt like others in this House, I have been inundated with briefings and emails from domestic abuse organisations and victim survivors.

Most recently, we have heard from the noble Baroness, Lady Brinton, and my noble friends, the domestic abuse commissioner, the Victims’ Commissioner, Dame Vera Baird, and the London victims’ commissioner, Claire Waxman, who all say that they are very concerned about parental alienation. As we have heard, the domestic abuse commissioner is very concerned about giving perpetrators of domestic abuse a weapon to silence their victims in the family courts.

Submissions to a Ministry of Justice report last year made it plain that parental alienation is a barrier to victims of abuse. Current practices around parental alienation expose domestic abuse survivors and their children to further harm. Once again, silencing the victims of abuse and erasing the voice of children in the courts leads to their being regularly misunderstood or overlooked.

The criminal justice system and the justice system have been part of my DNA since 2007, so it does not sit comfortably with me to say that I also disagree with the amendments. However, hand on heart, I say to my noble friend Lady Meyer that her speech was very emotional, heartfelt and powerful. The justice system is a very lonely place to be. It still feels very lonely, clinical and unemotional and my voice is unheard as I go through it every day. I agree with my noble friend Lady Helic and the speech by the noble Baroness, Lady Brinton. Parental alienation creates a loophole. It poses a huge threat to the validity of the Bill and will ultimately expose the survivors to the very harm that the Bill is designed to prevent. That is why I cannot support the amendments and ask my noble friends to withdraw or not to move them.

Domestic Abuse Bill

Baroness Gardner of Parkes Excerpts

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

[Baroness Gardner of Parkes (Con) [V]]

My Lords, this Bill is important and women need it. We have made substantial progress in addressing domestic violence, but there is still so much more to be done.

When I served as the elected UK representative on the United Nations Commission on the Status of Women some years ago, I was so impressed when, on an official visit to a Latin American country, we were shown a designated police station, open 24 hours a day, for victims of domestic abuse to go for protection and/or help. Given that this was in the 1980s, this was very advanced for its time.

I welcome Part 4 of the Bill, which requires local authorities to assess the need for domestic abuse support locally, but I worry that it is not sufficient, as it focuses on those in accommodation, whereas an estimated 70% of victims never go to a refuge. These services need to go beyond accommodation and include community-based services so as to cater for all.

I know that many services rely on the internet, yet my daughter, who is a trustee of a charity in north Kensington in a different sector, tells me that this presents a challenge in itself. The charity did a survey and found that 38% of its clients had no IT access other than a mobile phone, and 26% had only one device between the entire family. We know that many domestic abuse perpetrators often use tracking software or monitor their partner’s mobile phone. My challenge to the Government is how to truly help and reach victims who cannot access the internet, particularly in these times of even more restraints with Covid lockdowns and tiers.

I know that time is short, so I will touch on one aspect that is not addressed by the Bill, which is how the presumption of continued parental involvement enshrined in other legislation works for victims of domestic violence and their children. The Bill needs to provide for it to be automatically presumed in cases of formally alleged domestic abuse that any visits by a child to an alleged perpetrator should be supervised or stopped altogether until the domestic violence case has been determined by a court. I have heard of cases where a parent has been forced by social services to drop their domestic violence case or lose access to their child by them being put in foster care, so that the child has access to neither parent rather than only the victimised parent. Surely this adds to the agony and angst of the domestic violence they have already endured. The Bill should address this.

Migrant Women: Domestic Abuse

Baroness Gardner of Parkes Excerpts

Monday 23rd November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I do not think that the Government wish in any way to contradict themselves on what they intend to do on the Istanbul convention. I understand that when the Domestic Abuse Bill becomes an Act, extraterritorial jurisdiction over specified offences, as required by the convention, will enable the convention to be ratified. However, I will look into it further and perhaps get back to the noble Lord on any further measures that are needed—or indeed any contradictions that do exist, because we would not want that unintended consequence of the passage of what I think is quite forward-leaning legislation.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, many of these women have very little English, so huge language barriers isolate them from help that could be available to them. Will the Minister encourage local authorities and voluntary organisations to help groups and individuals to overcome these barriers? An additional problem that has been researched by charities in north Kensington is that very few such individuals have internet contact of any sort—the figures are quite alarming—so there will be no help for them at all until they become more conscious of using the internet and can afford to get some appliances.

[Baroness Williams of Trafford (Con)]

I agree with my noble friend that accessibility to online services is crucial, and in fact we announced funding to help with online services during the Covid period. I wholeheartedly support her point about people who have very little English. I have met women in such situations who not only cannot speak English but have had their passports taken away from them. That leaves them in the most vulnerable situation imaginable, as they are not even able to explain what has happened to them.

Project for the Registration of Children as British Citizens v Home Office

Baroness Gardner of Parkes Excerpts

Monday 19th October 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

The whole rationale behind the fee is to pay for the costs of the border, and not everyone goes through the border. I take the noble Lord’s point, of course, that maintaining a strong border is a cost to everyone.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, can the Minister tell me whether the Government have assessed how many people forgo registering for British citizenship for themselves and their families as they cannot afford it? How this might contribute to their sense of belonging and well-being is important. It is over £1,000 per person, and £4,000 for two adults and two children. What can be done to help with that finance?

[Baroness Williams of Trafford (Con)]

As I mentioned earlier, there are waivers for certain groups of people, particularly children in care. I cannot tell my noble friend how many people did not apply or register last year, but I can say how many did. There were 49,000 applications for registration in 2019, and nearly 46,000 of those were granted, of which over 34,000 were for minors.

Covid-19: Child Trafficking

Baroness Gardner of Parkes Excerpts

Tuesday 29th September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Baroness will probably know that we are in regular contact with the devolved Administrations on Covid and lots of other things. It is important that they are not only engaged but in agreement with some of the actions that we are taking.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, what part does the Minister believe can be fulfilled completely by local authorities? Can they be encouraged? They have always been closely involved in helping these people and it is important that their role continues. Does the Minister agree?

[Baroness Williams of Trafford (Con)]

I agree wholeheartedly with my noble friend. Local authorities are of course the responsible authorities as the corporate parents of children, for whom they have a duty of care.