Baroness Hollins debates involving the Home Office during the 2019 Parliament

Tue 8th Mar 2022
Mon 28th Feb 2022
Nationality and Borders Bill
Lords Chamber

Lords Hansard - Part 2 & Report stage: Part 2
Wed 5th Jan 2022
Nationality and Borders Bill
Lords Chamber

2nd reading & 2nd reading
Mon 8th Mar 2021
Domestic Abuse Bill
Lords Chamber

Report stage & Report stage & Lords Hansard

Knife Crime: Violence Reduction Units

Baroness Hollins Excerpts
Tuesday 20th February 2024

(2 months, 1 week ago)

Lords Chamber
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Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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My Lords, the violence reduction units deliver a range of preventive work with and for communities, as I outlined in the previous two answers to my noble friend Lord Bailey. That can include families, which of course obviously involves fathers as well as young people, and includes a wide range of approaches, including mentoring and trusted adult programmes or intensive behavioural therapies and, as I mentioned earlier, sports-based diversionary activities. In London in particular, the VRU’s My Ends programme provides community leaders with resources to enhance violence prevention measures in their areas. In addition, the Young People’s Action Group, which is made up of young people from across London, works alongside the VRU to ensure that the voices of young people influence policy and funding decisions.

Baroness Hollins Portrait Baroness Hollins (CB)
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My Lords, a 2014 Scottish study by Professor John Crichton found that the kitchen knife was the most commonly used weapon. The author suggested that the introduction of knives without points as an effective public health strategy might positively affect the rate of death and serious injury. I quote:

“It would not be necessary to enforce an absolute ban on long pointed kitchen knives, but simply to limit availability, thereby making a lethal weapon less likely to be at hand in the context of unplanned violence”.


Is this something that VRUs are taking forward and that the Government would support?

Lord Sharpe of Epsom Portrait Lord Sharpe of Epsom (Con)
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The noble Baroness raises an interesting point. Of course, we keep all knife legislation under review, and noble Lords will be aware that moves have been made recently to ban, for example, zombie-style knives and machetes. Secondary legislation was laid in January, guidance will be available from 26 June and the ban will come into effect on 24 September. I will ensure that all forms of knives are kept very closely under review, particularly in view of patterns of use.

Homes for Ukraine Scheme

Baroness Hollins Excerpts
Monday 28th March 2022

(2 years, 1 month ago)

Lords Chamber
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Lord Harrington of Watford Portrait Lord Harrington of Watford (Con)
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We will publish the answer to that question very soon, I promise.

Baroness Hollins Portrait Baroness Hollins (CB)
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My Lords, I understand that a private provider is involved in the visa application process. I wonder whether the Minister could tell the House who that is?

I have another question, which is about health workers who come to this country from Ukraine. Will they be allowed to continue working immediately? They need to. It would mean their qualifications being recognised and, for those still in training, it would mean them being accepted into the medical, nursing and other training institutes as soon as possible so that they can contribute not only to the NHS but to the health of their own nationals who are settling here.

Lord Harrington of Watford Portrait Lord Harrington of Watford (Con)
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The noble Baroness asked two questions—the first one about an outside provider. As far as I know, the Home Office uses some agency staff to boost up staff; for example, with the night shifts we are doing. I do not know whether there is one general provider. There is not to my knowledge, but if there is, I will drop her a line and say so.

In answer to the question about health workers, we have a section in the welcome pack for Ukrainian refugees about recognising overseas qualifications and we have people who are doing that. Quite as to the specific healthcare qualifications that she mentions, I do not know—I think it depends on the nature of the qualification. But if we are not doing it, we should be, and I will do my best to make sure that happens.

Nationality and Borders Bill

Baroness Hollins Excerpts
Given the long-standing and very respectable genesis of ABE in that context—in fact, a psychologist who works with victims of torture told me it works very well as an approach—I hope the Government might accept that work on applying it in the immigration and asylum context would be valuable. I beg to move.
Baroness Hollins Portrait Baroness Hollins (CB)
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My Lords, this amendment, which I am pleased to add my name to, aligns well with the principles of my own earlier amendments on Report and in Committee. On all the previous occasions, the government response highlighted just how underappreciated the impact of trauma is on the health and recovery of refugees and asylum seekers.

Public Health England has produced advice and guidance on the health needs of migrant patients for healthcare practitioners. This was updated in August 2021 to include advice that practitioners should:

“Consider applying trauma-informed practice principles when working with migrants affected by trauma.”


The guidance emphasised the six principles of trauma-informed practice, including safety, trust, choice, collaboration, empowerment and cultural consideration. I will quote just one paragraph from the guidance:

“Trauma-informed practice is not intended to treat trauma-related issues. It seeks to reduce the barriers to service access for individuals affected by trauma. While more evidence is needed to gain an in-depth understanding of the effects of trauma-informed practice for migrant populations, there is evidence that services provided to vulnerable migrants without a trauma-informed approach can result in harm.”


Unfortunately, the recent report We Want to Be Strong, But We Don’t Have the Chance, published by the British Red Cross in 2022, stated that

“for many women, the UK’s asylum process is not sensitive to gender or trauma and does not provide the support they need.”

It gave examples, which I will not repeat at this time of night, but one of the key recommendations of the report is to

“Ensure each stage of the asylum process is trauma-informed and gender-sensitive”.


This amendment seeks to achieve consistency and accountability in achieving this, with the person at the centre, not the process. I urge the Minister to accept this amendment.

Lord Coaker Portrait Lord Coaker (Lab)
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My Lords, I will just make a couple of remarks about this amendment from the noble Baronesses, Lady Hamwee and Lady Hollins, which I support. It is a shame that we are right at the end of the evening—or in the middle of the night, or in the morning, or whatever—because it is one of those amendments that raises a number of really important questions for the Government. It is really quite an appropriate way—not at this time—to end the Report stage, because it encompasses so much of what has been debated on the Bill so far.

We are talking about people who are traumatised, fleeing war, risking their lives; people who have lost their homes and loved ones, experienced extreme violence, and children who have been trafficked and exploited. One of the criticisms throughout the passage of the Bill so far is that we are debating measures that we believe would remove support from these people, damage their credibility, penalise them for not providing evidence neatly to a deadline, as we heard earlier, and make it harder, for example, for modern slavery victims to report abuse. That is a point of difference between us.

I am sure the Minister will say that of course, people will take account of trauma, and they will interview, meet and discuss such issues with these individuals and support them in a way which reflects that. But what this really important amendment is driving at is the absolutely essential need to have a trauma-informed approach. If the amendment does nothing else but remind those who work with victims and survivors that that sort of approach is the best way forward, then it has served its purpose.

Nationality and Borders Bill

Baroness Hollins Excerpts
Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard (CB)
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I hope the Government accept the amendment from the noble Baroness, Lady Stroud, which clearly is supported all around the House. I believe it is supported in the higher ranks of the governing party. I quote from no less an expert than Mr Dominic Raab in the Spectator from 2 October:

“If they learn the language and they can work, they integrate much better and they make a positive contribution.”


Correct.

The noble Baroness, Lady Ludford, said it is a win-win. No less an authority than the Adam Smith Institute and Bright Blue said that asylum seekers pay increased tax and national insurance revenue and we pay them a lower asylum support payment, and that it is a win for the Exchequer. These are very Conservative arguments, and they happen to be true. It is a win for them and a win for us. I hope the Government accept the amendment.

Baroness Hollins Portrait Baroness Hollins (CB)
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My Lords, I rise to speak to Amendments 30A and 84A, but I also support the amendments from the noble Baroness, Lady Stroud, and I will explain why as I introduce these two amendments.

I first thank representatives from the Royal College of Psychiatrists and the Helen Bamber Foundation for their support of these amendments. The proposed new clause in Amendment 30A would make provision for the Secretary of State to

“commission a review of the processes and services”

that will be in place and their impact on

“the well-being of refugees and asylum seekers.”

We know a great deal more about the long-term impact of trauma on people’s mental and physical health, their memory and their ability to make sense of their experiences, adjust to a new situation, engage productively in work, advocate for themselves and avoid being retraumatised. The very system designed to protect them, whether by poor design or by poor execution, risks worsening the health of refugees and people seeking asylum, and increasing their vulnerability.

With respect to work, there is evidence that people with mental health problems of any sort who are out of work for more than six months have real difficulty getting back into work—ever. This is a really key, important point. Research by the Royal College of Psychiatrists has evidenced that people with significant mental illness, as well as those with evidence of torture or sexual or gender-based violence, are being detained despite their mental health-related vulnerabilities, and that their mental health is deteriorating further in immigration detention. This remains the case, despite the statutory guidance on adults at risk and associated caseworker guidance introduced by the Government in response to the highly critical Shaw report.

The health needs of refugees and those seeking asylum require close multidisciplinary working, continuity of care and a regular review of these processes to ensure that, unlike what happened in Napier barracks, these systems are working in the way intended. I urge the Minister to commit to a review of the processes and services in place with regard to the well-being of refugees and asylum seekers, carried out by a body with the necessary expertise.

Nationality and Borders Bill

Baroness Hollins Excerpts
Baroness Hollins Portrait Baroness Hollins (CB)
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My Lords, I have had helpful discussions with Professor Katona, the medical director of the Helen Bamber Foundation, an organisation working with survivors of trafficking, torture and other extreme human cruelty. Like me, he worked in the NHS for many years as a consultant psychiatrist. The foundation is very concerned about the impact the Bill could have on the mental health of survivors—particularly those who have experienced trauma—and that it could deny them the protection and support they need. I agree with its concern that the Bill will effectively punish and retraumatise asylum seekers and survivors of human trafficking for behaviour and actions that are inextricably linked to the human rights violations and trauma they have already experienced.

Asylum seekers who have come to the UK by what are termed “illegal” means—such as by small boat across the channel—will be given less protection. Even when their asylum claims are successful, they will still be disadvantaged, despite bravely taking the only means available to them to reach safety. I am unclear whether there are any legal routes available so, before I say more, I ask the Minister to explain in her conclusion exactly what legal means there are and how such routes could be made clearer to people seeking asylum and to protect them when they are the victims of people smugglers and traffickers. How can it be humane to grant people recognised as entitled to refugee status only a temporary form of status simply because of their means of arrival? How can it be fair to restrict their rights to both family reunification and financial support? The loss of hope caused by these actions plus leaving such asylum seekers in a state of limbo and permanent fear of return, unable to rebuild their lives, can only add to their mental distress and will build up problems for all our futures. This is manifestly cruel, particularly in the apparent lack of legal means of arrival.

With respect to the proposal that accommodation centres be used to house those seeking asylum, a review of the evidence by the Helen Bamber Foundation shows that accommodation of this kind has similar adverse effects on mental health to those associated with immigration detention. Offshoring can be expected to have similar, but even worse, effects on mental health to those associated with accommodation centres in the United Kingdom. Evidence from Australia’s use of offshoring has shown how it results in severe harm to people’s physical and mental health. More fundamentally, it would result in major limitations on the human rights of the individuals concerned and would give them little or no chance of subsequent transfer to the UK, even if their asylum claims were successful.

On the idea of so-called late evidence and late claims being treated as lacking in credibility or unmeritorious, this ignores the substantial evidence that trauma and other mental health problems make it emotionally very difficult, if not impossible, for survivors of human rights violations—particularly those whose trauma has a sexual component—to disclose fully what has happened to them unless they are given sufficient time and support to facilitate such disclosure. This is so well evidenced for victims of trafficking and of torture. The assessments provided in reception centres already pay scant attention to the mental health of new arrivals, and staff are unlikely—to be polite—to have the skills or time to enable disclosures. Just the retelling of trauma is retraumatising—I know that from my personal experience. Disclosures of abuse and torture require a relationship of trust and the possibility of sensitive and sustained psychotherapeutic help. To give a parallel example, the average time from abuse to disclosure for survivors of child sexual abuse in one inquiry was 35 years.

I do not expect the Bill’s drafters to have been fully aware of the complexity of the mental health risks faced by asylum seekers, but I seek an assurance from the Minister that the impact of some of the Bill’s provisions on the mental health of asylum seekers will be thought about again and the Bill amended accordingly.

Domestic Abuse Bill

Baroness Hollins Excerpts
Baroness Altmann Portrait Baroness Altmann (Con)
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My Lords, I pay tribute to the noble Baroness, Lady Campbell, and other noble Lords, including my noble friend Lord Shinkwin and the noble Baroness, Lady Grey-Thompson, who have spoken in favour of these amendments. They seek to ensure that domestic abuse, as defined in Clause 2(1), covers those people who are disabled—and often, perhaps, elderly—as well as all other groups.

Such citizens can be in a deeply intimate yet non-sexual relationship, due to their need for someone to care for them, perhaps in their home. They need someone to care for them just to survive, and so that they can live their life as independently as possible. If these people are abused by someone who helps them in their own home, why would they not be covered in exactly the same way as other groups, including spouses, friends, partners and their children, who currently meet the definition in the Bill?

In this country, there is sometimes a cultural disinclination to talk about or engage closely with the issue of people who need care or who live with disabilities. This may even explain why social care reform is constantly pushed into the proverbial long grass. Yes, this can be a complex subject, and not everybody wants to discuss it, but why would someone who is cared for by another, who may be paid or unpaid, not be entitled to the same protection as a spouse who is abused by their partner? If the Government wish to support people who live in their own home, especially as we have an ageing population, and to be in the community, which disabled or elderly people usually want, developing a strong system of protection for cases of abuse is essential. This landmark Bill is an ideal place to start.

The vast majority of carers are angels. They are heroes, who carry out their demanding and often draining role with compassion, dedication and sensitivity. However, as other noble Lords have explained, there are distressing examples of when they have abused highly vulnerable adults in their care.

I support the rights of disabled people, as I know the Minister does. I know that she cares passionately about this group of wonderful individuals in our society, but I find it difficult to understand why the Government are resisting the inclusion of disabled people within the protections of a Domestic Abuse Bill. Such situations should be placed squarely in the remit covered by this ground-breaking Bill. Is it not time to tackle all cultures of domestic abuse and offer widespread remedies to all citizens? Surely this group should be part of that.

Baroness Hollins Portrait Baroness Hollins (CB) [V]
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My Lords, I know from my personal family and professional experience of people with learning disabilities that domestic violence can involve both paid and informal carers, including family members. I will not repeat the excellent points made by the noble Lord, Lord Curry. I am very pleased to support my noble friend Lady Campbell and to follow such powerful speeches.

The weakness in the Government’s position is that it underestimates the important similarities between carer relationships and those already in the Bill. It perhaps assumes that local authorities or the CQC will have sight of all carer arrangements, particularly for informal care, but this is just not true. I quote the January Stay Safe East report on discrimination, which says:

“The current definition of domestic abuse has a discriminatory impact on disabled victims of domestic abuse by non-family carers, who have no access to an Independent Domestic Violence Adviser, refuges or other domestic abuse services or to the network of therapeutic and other services open to other domestic abuse victims.”


The exclusion of carers from the definition of “personally connected” not only is blind to the reality of the closeness and complexity of carer relationships but would be discriminatory to disabled people on the receiving end of domestic abuse from carers, because they would be excluded from services. The exclusion fails to recognise that the significant relationships of disabled people may be different from those of non-disabled people. This also applies to people with learning disabilities.

My remaining point has already been made, so I will not take up time with it.

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB) [V]
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My Lords, it is a pleasure to follow all the speeches already given, because these important amendments close a loophole in our current framework. They do not criminalise carers; let us be clear about that. They simply recognise the reality that, when a person is living in their own home with others coming in to assist with activities of daily living, including the most intimate of care, that person is potentially vulnerable to exploitation. People also need help with indirect activities for daily living as, without this assistance, the person’s environment would rapidly deteriorate. Carers can be closer to and have more power over a person than a person’s family.

The Care Act 2014 Section 10(3) states:

“‘Carer’ means an adult who provides or intends to provide care for another adult (an ‘adult needing care’); but see subsections (9) and (10).”


Then subsection (9) states:

“An adult is not to be regarded as a carer if the adult provides or intends to provide care … (a) under or by virtue of a contract, or … (b) as voluntary work.”


The issue is that those employed, under direct payments or privately, or who exploit a vulnerable person with offers of help and support, are not known to the local authority and it has no authority over them. Even if the local authority becomes aware, Section 42 of the Care Act did not create any new powers to act to protect disabled people from abuse and neglect, merely a duty to make inquiries and to consider exercising existing powers.

This amendment recognises the power differential between the person who is vulnerable and the person coming into their home, on whom they depend and by whom they are being emotionally, psychologically or physically harmed. The person may be frightened and intimidated, not knowing who to turn to, and frightened by threats of all kinds. This is not just mild bullying or cajoling. This is serious, and there needs to be a way to ensure that those who have close and intimate access to the person cannot continue their exploits of mal-intent without serious consequences in law. There is no reason to discriminate against those who are disabled and cannot escape their situation, enduring abuse in their own homes, by leaving them without the adequate protection that this important landmark Bill aims to provide.

As I said, these amendments do not criminalise carers; they criminalise behaviours of mal-intent that cause serious harm—behaviours which are completely unjustified. They are behaviours of abuse behind closed doors in a person’s home by someone on whom they are dependent and personally connected and who has access to the most personal and often intimate aspects of their body and life. Without these amendments, we leave a loophole in protecting those with disability, as so clearly laid out by the noble Baroness, Lady Campbell, and others. I hope the Government will simply accept these amendments as they are, but otherwise I will support a Division.

--- Later in debate ---
Lord Haskel Portrait The Deputy Speaker (Lord Haskel) (Lab)
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The noble Lord, Lord Cormack, has withdrawn, so I call the noble Baroness, Lady Hollins.

Baroness Hollins Portrait Baroness Hollins (CB) [V]
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My Lords, the noble Baroness, Lady Stroud, has summarised some of the extensive research which associates abuse—including emotional abuse—of mothers during pregnancy with resulting poor outcomes for the child. What happens to children in utero may affect them for the rest of their lives and cause longer-term developmental delays and both mental and physical health problems, and may even lead to criminality.

My noble friend Lady Finlay has also pointed, quite rightly, to the role of alcohol. As the noble Lord, Lord McColl, suggested, opposition to Amendments 7, 8, 9 and 90 may be because the unborn child is not afforded the same rights as a newborn child. Indeed, an unborn child is bestowed with few rights, so it does not seem to make sense to include them in this Bill. Or, if the mother is the victim of domestic abuse, she will be in scope of the provisions of the Bill in any case, therefore the amendments would have little effect because the child affected by domestic abuse during pregnancy is not perceived as a victim.

It is important that we recognise the effects of domestic abuse on children, in order that we can intervene at a young age and act to mitigate some of the harms that will flow from domestic abuse. The Government’s amendments recognising this are welcome. However, in the same spirit and in the spirit of consistency, the scope of this Bill should include children in utero, because the rationale is much the same as for other children and it would be a significant blind spot to exclude them.

I turn now to Amendment 78 and the duty to provide therapy for new parents. I consulted my daughter, who is a psychiatrist specialising in parent/infant mental health. We know a great deal about the importance of early caregiver relationships on a child’s developmental trajectory, attachments and physical health. This amendment is about targeted early intervention and the mitigation of domestic abuse-associated future harms. All children need sensitive and responsive parents who are emotionally available and can help them feel safe and understood.

The priority for treatment is to treat, reduce and prevent parental conflict with accessible therapeutic interventions and practical support for families. Therapies and couple interventions to consider include video interaction guidance, child/parent psychotherapy, Hold Me Tight and OnePlusOne and, in complex situations, the NSPCC’s UK programmes, LIFT and GIFT. Family-based therapy with children should always be considered, when possible, although it is no replacement for other kinds of general parenting support. The noble Baroness, Lady Newlove, mentioned the importance of health visiting. This seems to be much less available today than it was when I had my children many years ago.

I strongly support all the amendments in this group and hope that they will bring new opportunities to really respect the Conception to Age 2 manifesto and work, and all the other initiatives concerned with the health and well-being of babies in utero and infants.

Lord Mackay of Clashfern Portrait Lord Mackay of Clashfern (Con) [V]
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My Lords, I strongly support Amendments 7, 8, 9, 78 and 90. We have heard the very informed opinions of my brethren, including the ladies, about the dangers that exist at the beginning of life, including the time that a child is in utero, from the effects of domestic abuse surrounding them.

It is very important to remember that the idea of putting something in guidance depends on whether it is already included in the statute. Guidance cannot extend the scope of the statute and I think that these amendments are really concerned with the legal necessity of having these beginning-of-life children in the statute. Therefore, I support them very strongly because I think it is generally assumed that they need to be looked after and that looking after them involves a degree of involvement that is essential for success.