Illegal Migration Bill

Debate between Baroness Hamwee and Lord Randall of Uxbridge

Consideration of Commons amendments
Wednesday 12th July 2023 Lords Chamber

[Lord Randall of Uxbridge (Con)]

My Lords, I shall speak briefly to my Motion P, to which the Minister referred. I should refer to my interest as a deputy chairman of the Human Trafficking Foundation. Perhaps it should be called not the Human Trafficking Foundation but the “modern slavery foundation”, because there is a difference with human trafficking, which is what I think stop the boats is all about. By dint of modern slavery, everybody who is enslaved and arrives in this country has come in illegally. Nobody comes in legally for modern slavery.

I am very disappointed with this Bill. However, I am a pragmatist. Years in retail taught me that sometimes you cannot have everything you want. So when my right honourable friend Theresa May spoke so eloquently and voted against the Government—and I can say as a former Deputy Chief Whip that that was only the second time she has ever voted against the Conservative Whip, which tells you something; you could not wish for a more loyal person—she did so because, as the noble Lord, Lord Hunt of Kings Heath, just said, it is not a great Bill in respect of modern slavery.

However, my noble friend and my right honourable friend down the other end in the other place made some concessions about what they would put in the guidance. My Motion basically asks that those concessions, that guidance, be put in the Bill. I would have preferred my original words—I would have preferred all sorts of things—but in order to make sure that we can get something done for the victims of this horrendous, heinous crime, if the Minister does not have a damascene conversion, when the time comes, I will test the opinion of the House.

[Baroness Hamwee (LD)]

My Lords, from these Benches, I cannot express strongly enough our huge disappointment about what is happening with the Modern Slavery Act. I very much agree with everything that the noble Lord, Lord Hunt, said. The Minister talked about “opportunities to misuse”, when it is the Home Office which approves the first responders who have to get possible victims of slavery into the NRM in the first place. He talked about enabling co-operation but, with what most of the people in this situation will have gone through, 30 days is simply insufficient for them to be able to bring themselves to co-operate with an authority figure in a foreign country when they are still worried about what their trafficker might do when he finds them and about what they will do if they have to try to get away from the system. It is simply not enough.

To co-operate requires support. That, in turn, requires trust, and that, in turn, requires time. Statutory guidance will of course be welcome. But only today I and other noble Lords received a briefing from the Rights Lab at the University of Nottingham on government commitments relating to Part 5 of the 2022 Act—the modern slavery part—analysing whether they had been met, partially met or not met at all. It did not make for very happy reading. It is a shame that one has to say that. We support the amendment of the noble Lord, Lord Randall. We wish that there were more coming before the House tonight that we could support too.

Domestic Abuse Bill

Debate between Baroness Hamwee and Lord Randall of Uxbridge

Report stage
Wednesday 10th March 2021 Lords Chamber

[Lord Randall of Uxbridge (Con) [V]]

My Lords, we have heard a passionate and erudite speech by the noble Baroness, Lady Kennedy of The Shaws. I have attached my name to her Amendment 51 principally because I was struck by the similarity, which is mentioned in the explanatory statement, to what is set out in the Modern Slavery Act 2015, where someone cannot be found guilty of committing a criminal act if they have been subjected to the coercion of modern slavery. I can see the same parallel between that and the domestic abuse situation which has been put so well by the noble Baroness. I therefore say, in the interests of brevity, that the noble Baroness has said it all and I shall support her, certainly on Amendment 51, if she puts it to a vote.

[Baroness Hamwee (LD) [V]]

My Lords, I am glad that the noble Baroness is intent on pursuing these two amendments, to which I have added my name. She mentioned a report published recently by the Centre for Women’s Justice. The report mentioned that a defendant must be prepared, which I think means in both senses of the term, to disclose in court in the presence of the deceased’s family, how he—it is usually he—had treated her; it is usually her. I would add to that the further difficulty of disclosing the behaviour in the relationship in front of one’s own family. Shame is another component of what we have been discussing, however misplaced it is.

I mention this because I want to use this opportunity to ask the Minister about the MoJ’s review of the issues raised in this debate. I heard the Secretary of State for Justice being interviewed yesterday about the sentencing Bill which has just been introduced in the Commons. He talked about the views of a victim’s family. He referred to the victims’ commissioner, having talked to her about the disproportionately high sentences imposed because the weaker partner, as has been referred to, had to arm herself because she could not defend herself with her bare hands against a stronger person. Can the Minister tell us more? There is clearly a relationship between this and what we are discussing in the context of these amendments. Amendment 50 is not about sentencing but about culpability, and if there should be a review, we should not delay.

During the Bill’s passage, I have been struck by how fast our understanding of domestic abuse has been developing. The noble Baroness, Lady Kennedy, referred to this. In Committee, the right reverend Prelate said that she is a passionate defender of trauma-informed interventions. I am with her there. Would we have heard that 10 years ago? Perhaps 10 years ago, because that was post Corston, but it would have been quite rare in the sort of debate that we are having now, not in specialised circles and among professionals, but in this sort of debate.

Reading the report that I have just referred to, I was struck by the observation that often abuse is disclosed very late, sometimes after conviction, especially when abuse has taken the form of coercive control. The noble Baroness, Lady Kennedy, explained in Committee that this was the form of abuse in all the cases that she had been involved in. So much of our debate has touched on, if not centred on, training. I refer to this here because it is a shorthand way of referring to a thorough understanding of the subject, or as thorough as it can be, while understanding of the whole issue continues to develop.

In Committee, the Minister, when arguing for the status quo, said that it is important to ensure that wherever possible, people do not resort to criminal behaviour—well, indeed. The amendment proposed is quite limited. To quote from the 2008 Act as amended for the householder cases,

“the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.”

He also argued, as, he said, an “enthusiastic” fan of the common law, that

“the courts are quicker, more nuanced and more flexible in developing the common law”.—[Official Report, 3/2/21; col. 2285.]

They are not quick, nuanced, and flexible enough, or we would not be having this debate. I do not know the genesis of the 2008 Act but clearly it was thought then that it was necessary to produce legislation on reasonable force for the purposes of self-defence, and then of course we had the householder defence. I hope that as an equally enthusiastic parliamentarian—the enthusiasms are not mutually exclusive—the Minister takes the view that there are occasions when Parliament should lead the way.

Domestic Abuse Bill

Debate between Baroness Hamwee and Lord Randall of Uxbridge

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

[Baroness Hamwee (LD) [V]]

My Lords, Amendment 13, in my name and that of my noble friend Lord Paddick, does not seek to broaden or narrow the amendment to which the noble Baroness, Lady Wilcox, has spoken, but rather to understand what is meant by “live independently” in the context of carers. The term “independent living” is a familiar one, but I do not know whether that is quite what is intended here. Needing support to live in one’s home, which I regard as hugely important, does not to me feel like independence. The relationship is very much about dependence, or trust, which was the term used by the noble Baroness, Lady Grey-Thompson. That is the extent of the reason for Amendment 13, but I am glad to be able to comment on some of the other amendments in this group.

The noble and learned Baroness, Lady Butler-Sloss, and the noble Lord, Lord Randall, have identified a number of significant situations. The noble and learned Baroness described situations, in the plural, as she carefully explained, relating to forced marriage, which came over vividly. She has an amendment about guardians, a term that has expanded beyond its original technical meaning. She and I have often been involved in discussions about the needs of children who have been trafficked where guardianship has featured. I would never challenge the noble and learned Baroness and I have not done my homework, so I hope that she will forgive me, but I wonder whether a guardian has parental responsibility and, if so, whether that would cover the situation.

The noble and learned Baroness and I have also been involved in many debates about domestic servitude and I would be interested to know what is sought to be achieved by, and the consequences of, Amendment 9 beyond identifying behaviour already criminalised under the Modern Slavery Act. Is it something about protection or prevention?

In Amendment 14, the noble and learned Baroness points out a lifestyle that may not be covered. Its significance lies in Clause 3, which relates to children as what I wrote down as “collateral damage”, a term that I am slightly embarrassed to use, but noble Lords will understand what I mean. I had at one point wondered about lodgers who are in the same household, but I decided not to pursue that. I was going to ask the noble and learned Baroness what she envisaged as a consequence of that amendment, but I think that she has explained it. It is certainly partly the need for greater awareness on the part of the authorities to the situation of those in domestic servitude to whom she has referred.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, Amendment 10 is in my name and is supported by the noble and learned Baroness, Lady Butler-Sloss. I support the amendments in her name—Amendments 8, 9 and 14. We should explore the definition of “personally connected”. I am not sure that the Bill as we see it includes all those people who could be included as personally connected.

Amendment 9 is about domestic servitude and I should declare my interest as a deputy chairman of the Human Trafficking Foundation, along with the noble and learned Baroness—domestic servitude has been a long-standing issue for us. I recognise that there are other possible categories of people who are in the same household. My understanding of the word “domestic” is that it means “in a home”, so “domestic abuse” should cover those people who are ordinarily staying in that household, which is why I have put down Amendment 10.

The Minister may well say that some of these instances are already covered by other Acts and I would not think that that was not necessarily the case, particularly in connection with the other amendments dealing with disabled people and carers. However, I remind my noble friend that, when we were working on the early stages of Modern Slavery Bill, one of the reasons for the Bill was to put all the legislation together so that it was less confusing not only for the courts but for the police and other authorities. I ask that we have a serious look, before Report, at how “personally connected” could be better defined.

I would also like to speak to Amendment 8 on forced marriage, which is again in the name of the noble and learned Baroness, Lady Butler-Sloss, and which she explained admirably, as always. I watched a compelling drama on television a few months ago, which was based on fact, about honour killing. Watching that shocked me, and we have to take every opportunity to try and address something like that—though that ultimately ended in murder and was dealt with by the appropriate legislation—which in many ways starts with abuse.