Domestic Abuse Bill

Debate between Baroness Hamwee and Earl of Lytton

Monday 15th March 2021 Lords Chamber

[The Earl of Lytton (CB) [V]]

My Lords, as someone involved in a small business as an employee, and having run a number of small businesses over many years, I can certainly applaud the general sentiment behind this amendment. However, its scope would potentially enmesh a category of small business that could be regarded as disproportionately wide. We should bear in mind that many are microbusinesses: they do not have HR departments and may well operate, as my employer does, in a very dispersed and diffuse mechanism. Setting in place a code and signposting this issue is, however, certainly desirable.

Work environments are not always on fixed premises—they may be in all sorts of places. In construction, certainly, they can be literally anywhere and in all sorts of circumstances. All sorts of people may be involved in those setups as an employer or employee, within the definition proposed here.

I want to refer to the other examples that we have for ensuring better workplace consciousness. We had this on health and safety: ultimately, that was backed by statutory provisions but it had a massive effect on the culture of safe working in construction, in particular—possibly not so much on farming, where children were particularly at risk. More recently, we have had what might be described as a much more voluntary process on mental health. Much has been said about this over the last two or three years to do with employees looking out for what might be troubling their colleagues and just asking them: “Are you all right?” So often it is that which is brought to the attention of somebody who matters and can achieve an effect, rather than necessarily the employer, who may be somewhere else and not in direct contact.

This is a matter of best practice. It goes along with general health and bereavement, and that sort of thing. I am less sure that making it prescriptive is the right way forward. As I said, I applaud the principle and general sentiment behind the amendment. If the Minister felt that she could concede to the point of at least producing some detailed statutory or other guidance that could be followed, it would be a material step forward.

[Baroness Hamwee (LD) [V]]

My Lords, I want to make one brief point. A code of practice or something which is a guide to employers—and is obviously to be shared with people in the workplace—would and should be welcome to employers. I say that in the context of increasing awareness of domestic abuse, that it happens so often and what it comprises. There must be employers who are now and have been wondering what they should be doing. Assistance to employers is a part of the range of responses that we are becoming so conscious of needing to be in place.

Data Protection Bill [HL]

Debate between Baroness Hamwee and Earl of Lytton

Committee: 1st sitting (Hansard): House of Lords
Monday 30th October 2017 Lords Chamber

[The Earl of Lytton (CB)]

I realise that, in rising to speak on this particular part of the Bill, I depart slightly from the purpose of the noble Lord, Lord Stevenson—but I thank him for raising the issue all the same.

Of course, we are dealing with the overview of the Bill. The noble Lord, Lord McNally, almost wrote my introduction. What has worried me for some considerable time, notwithstanding the Bill’s provisions that provide for data subject to error correction, is the manifest inclusion of data in the data processing function, which is broadly drawn—namely, the inclusion of information that is knowingly false or recklessly included in that process, and which can affect the life chances of individuals. We know of significant and high-profile circumstances in which false information has been included and has either affected a significant class of people or has seriously damaged the life prospects of individuals.

Given that the collection of data is part of the processing function, it seems to me that very little is being said about responsibility for those sorts of errors—in other words, the things that one could or should have realised were incorrect or where there was a disregard for the norms of checking information before it got into data systems. We heard at Second Reading how difficult it is to excise that information from the system once it has got in there and been round the virtual world of information technology.

Could the noble Lord, Lord Stevenson, or the Minister in replying, say whether there is anything apart from the Bill—I do not see it there at the moment—that enables there to be some sort of sanction, for want of a better word, against knowingly or recklessly including data that is false and which affects the life chances and prospects of individuals because it is capable of being identified with them and can be highly damaging? That is something that we may need to look at further down the line. If I am speaking in error, I shall stand corrected.

[Baroness Hamwee (LD)]

My Lords, I say to my noble friend Lord McNally that it is even worse having people say to you, “You’re a lawyer, you must understand this”, when too often you do not.

I have a question for the Minister. Am I right in thinking that the Charter of Fundamental Rights will apply to all member states after Brexit? Is it not the objective that we are on all fours with them as other users of data and, therefore, if there is no provision such as the ones that we have been debating contained in the Bill, how will that affect the adequacy arrangements?

Anti-social Behaviour, Crime and Policing Bill

Debate between Baroness Hamwee and Earl of Lytton

Tuesday 14th January 2014 Lords Chamber

[The Earl of Lytton (CB)]

My Lords, first, I should like to clarify a point made by the noble Baroness, Lady Lister of Burtersett, and reinforce what she said about the Landlord and Tenant Act issues under secure tenancies.

The legal situation, as I understand it from my profession as a chartered surveyor, is that tenants are responsible for the actions of those living with them only to the extent of the lease terms and the demise concerned. It does not and never has extended to liability for the wider actions of members of a tenant’s household elsewhere. Even general paving clauses such as “immoral or illegal activity” have, as I understand it, been pleaded in vain. I put that clearly. The noble Baroness, Lady O’Loan, has raised a valid point here. The whole of Clause 91 looks like being a knee-jerk reaction that would go beyond what is necessary and desirable.

I would like to ask one or two questions for clarification. What about the whole question of the rehabilitation of offenders? When somebody has been indicted, put into prison, served their sentence and comes out, what are the circumstances in which a court will grant this further period of indefinite rustication, if you like, from any sort of enjoyment of a place that they can call a home and to which they can naturally relate? What are the safeguards? Is this the default position, or does it concern the second or third strike after the event? We do not know and I invite the Minister to clarify the position.

Moreover, what about the selective post-sentence treatment of rioters as a particular species of offender under the Bill—as opposed to, say, murderers or other offenders? Very large numbers of offences are anti-social, and virtually all have a victim class of some sort who would naturally look, under the terms of the overarching principle of this Bill, to some sort of rebalancing. I worry about the singling out of this class of offender. Maybe the Minister can explain how that works. This provision could result in a class of persons without rights to occupy anything that they could call a home of their own. That needs to be circumscribed and contained in some way because the circumstances of the offence will not necessarily be replicated. If there is no risk of replication, what is the court being instructed to do? The justification is rebalancing towards the interests of victims—for them to feel that justice has been done. Would Clause 91 achieve that rebalancing? I am not clear that it would.

[Baroness Hamwee]

My Lords, the term “knee-jerk reaction” was used. I think we are all clear—let me use a synonym—that it was an immediate reaction to the riots of 2011. I am never comfortable with using legislation to give a message. At the previous stage I proposed amendments that were replicated in what we have today because I recognise the political realities of the situation and the circumstances in which that message had been given.

I was horrified when I looked at Hansard to see that I was on record as saying that I was happy with the clause. Hansard now knows that I was not happy with the clause and is correcting the record from Committee stage. As I say, I recognise the strength of feeling and where we might well end up. Knowing how the two Houses work and that this clause has been considered by the Commons, I went straight to what I hoped might be a way of ameliorating the situation, which was to suggest that it be limited to serious offences. That is a very significant change and taken with the other safeguards—that is how I look at them—which the Minister has listed, I am perhaps somewhere between where Hansard said I was and where I was. I am not happy but I am not nearly as unhappy as I might have been.

I was interested to know what had happened in Wandsworth after the 2011 riots and checked with the council. I understand that that council—presumably this is not the case with every local authority—has specific tenancy conditions covering the behaviour of tenants and it considered the criminal activities as coming within those conditions. The housing professional from whom I have heard talked about the double jeopardy term being used as a criticism but said, however, that the ground relating to possession for a serious conviction has existed since 1985. In essence, if the new ground meant that a tenant living in one borough could be pursued if convicted in connection with rioting in another borough I can see the attraction but I doubt whether the courts will agree. I am grateful to the Minister for bringing forward the amendments today.

Anti-social Behaviour, Crime and Policing Bill

Debate between Baroness Hamwee and Earl of Lytton

Monday 2nd December 2013 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, the noble Baroness has made some interesting and important points and I agree that the impact on the victim is what we should be looking at. But I am concerned about the wording. This may be a start, but it is not the complete solution. Notification is not the same as an assessment and certainly not the same as any evidence that there has actually been previous anti-social behaviour and claiming that there has—one can see how mischief could be made of that. What is vulnerability? These things cover a wide spectrum. I take the point about starting from how the victim feels and whether feeling that makes that person a victim whereas another person might not feel victimised by the same behaviour, but it is a complicated area.

My amendment 56L would provide a trigger in the case of more than one complaint if it is made by somebody living at a different address. What I am getting at is that this needs to be about more than just a tiff between two neighbours and not something that is very short term.

Amendments 56LA to 56LE in the name of my noble friend Lord Greaves are, he says, part of his attempt to get uniform and accurate descriptions of councils in different parts of the Bill. The Minister will recognise this. The only thing that I would disagree with him on is the phrase “part of his attempt”—I think one could call it a campaign.

[The Earl of Lytton (CB)]

I come to this area of problems between neighbours or people in residential environments through my work as a chartered surveyor. I see it in terms of being brought into situations where these problems have turned into some sort of property dispute. I have enormous sympathy with what the noble Baroness, Lady Smith of Basildon, set out, and with what the noble Baroness, Lady Hamwee, said. The difficulty is that when people have annoyed each other there are various phases to this annoyance.

The first stage is to say: “Oh, well. They have done something they should not have done”. The second stage is: “If they do that again, I shall take action”. The third stage is when absolutely anything, however minor, triggers the most violent reaction. People who have got themselves in a sensitised situation cannot get out of that psychological bind. That is one of the most difficult and intractable things that one has to deal with. This may result in the police being called out on multiple occasions or the local authority being endlessly rung. That is the reality.

Yes, people will claim that they are vulnerable, although in a sense that is a self-assessment of whether they are actually vulnerable or it is some self-created vulnerability. What I do know is that on both sides of the argument, the perpetrator and the victim are likely to think that the other is completely nuts, irrational and unreasonable in their attitude. I do not know how this Bill or this amendment resolve that issue. There is a case for taking some of these things out of what one might call a heavyweight approach to dealing with the problem.

Whether one fires off in the direction of some other community means of trying to unpick things—getting people to realise that their neighbours’ children are not ogres and the children’s parents to recognise that the affected person is also not an ogre—is a really difficult issue. I am not sure that we have the solution here. However, I shall certainly give the matter some careful thought between now and the next stage, because there is something in terms of social cohesion and peaceable existence for people in residential environments that needs to be addressed much more deeply.