(7 years, 9 months ago)
Lords ChamberMy Lords, I thank the noble Baroness, Lady Shields, for initiating this debate and for her generous introduction to it. I think that we all enjoyed it and learned from it.
It seems only yesterday that I had the privilege to stand before your Lordships in this very Chamber to mark the 100th anniversary of the International Women’s Day movement. Today, I begin with a quote from the esteemed American historian, Laurel Thatcher Ulrich, who once famously said:
“Well-behaved women seldom make history”.
Her quote sits well with this year’s International Women’s Day theme, “Be Bold for Change”, for millions of women across the globe will be coming together at this time in March for a common purpose—equality of opportunity. They all know a simple truth: that if we are mindful of our todays, then we are duty bound to make change to improve our tomorrows.
I will concentrate on women whose skin colour is black because they carry the burden of double discrimination. Over the years I have been fortunate enough to witness many advancements in the old world of race relations and the modern one of diversity and inclusion. Back in 1971, just 2% of the UK population were identified as not white. Today, that figure is 14%, and by 2030 it is expected to be nearer 20%. Despite this, ethnic minorities make up only 6.2% of the country’s small and medium-sized enterprises, contributing £25 billion to £32 billion to the UK economy per year, whereas women-led enterprises add around £70 billion per year to the economy. Yet I remain mindful that if women of the world are to win the global change we seek, battles closer to home must be won. With women making up 51% of the population in the UK and being responsible for the majority of household expenditure, closing the gender pay gap provides us all with a clear opportunity to tackle one of the challenges closer to home that we must win to allow our daughters and our daughters’ daughters to be seen as equal in the eyes of society.
They say that necessity is the mother of invention. After the Second World War, the colonies were invited to support the mother country yet there was no special service provision for them. One of the hardest issues was the need for hairdressers to look after their hair. One of the problems with coming to a cold country when you have African Caribbean hair is that you have a lot of work to do to get it right. African Caribbean women throughout our metropolitan cities faced financial exclusion and were told by bankers, “We do not on principle lend money to black people”. They were forced to use the kitchen stove and the hair comb to straighten their hair so that they could cope in society. They needed to do that as the weather was bad. The fact that they needed help but did not get any did not stop them. Today, you can find hairdressers and beauty salons run by black women on the high streets of the towns of this country.
I know what those women suffered because I came here in 1951 and witnessed immigration. They had to help themselves. However, they received support from some people. Black women have set up groups such as Black Women Mean Business and the European Federation of Black Women Business Owners to facilitate progress. I have the honour to be the patron of the latter body. I hope that noble Lords will forgive me for talking about it because it comprises an amazing group of women. Never having been involved in business, I find it very difficult to know what that body is doing but, by God, it is good. Each year we hold several meetings with people who are trying to ensure that we take our place lawfully, but wilfully, in a nation that still carries double discrimination: skin colour—and noble Lords know the other one.
Young women from across the spectrum are taking science, technology, engineering and mathematics, otherwise known as STEM subjects, in far greater numbers than in the past. We, in Parliament, must continue to encourage young women to be fearless in resisting the “geek” label and continue this trend, ensuring that the engineering and science careers of the future do not remain solely male bastions. Noble Lords will know from the newspapers that young black women play a great part in that.
On 13 March 2013, 1 had the temerity to raise the question of black women on boards in this Chamber. I will not tell the House the response that I had from some Members of the House. Noble Lords may read it for themselves in Hansard. However, I am pleased to say that there are instances where the number of black women on boards has improved. Sir John Parker’s recent review into ethnic diversity on UK boards, Beyond One by ’21, recommends, among other things, a deeper trawl of talent and an improved pipeline to spot black and minority ethnic gifted individuals to be boardroom directors of the future. In addition, the report of the noble Lord, Lord Davies, Women on Boards, has been a huge success, helping the nation to exceed its targets in enabling more women to hold seats in FTSE 100 companies. When I first brought this question to the House, I was pooh-poohed, but it has happened. I am pleased to congratulate the people in this House who supported me at that time. However, we must continue to nurture black female talent, helping them to move beyond the “Imposter Syndrome” in the workplace, which is a novelty to the men of this world.
(10 years, 11 months ago)
Lords ChamberMy Lords, noble Lords who have spoken in favour of this amendment have produced a gamut of compelling reasons why your Lordships should support it. I will briefly focus on one aspect of the amendment and the original draft as produced to your Lordships, that of the court that has to interpret and apply the provisions, a function of which I have had fairly long experience in my time. The words “nuisance” and “annoyance” are what a distinguished jurisprudent called “weasel words”. They are highly subjective and are liable to be interpreted by different people in different ways, which is a recipe for judicial inconsistency and an invitation to those who wish to oppose people expressing opinions that they dislike. In my experience, that would be certain to lead to litigation and to further harassment through the courts.
I am reminded of a remark made by a former First Minister of Northern Ireland, subsequently a Member of this House, who said in his Parliament that people were offended by something that he had said that was rather controversial at the time. He added sweetly: “A lot of people came from a long distance to be offended”.
How are the courts to carry out their function of interpreting and applying the words “nuisance or annoyance”? To put oneself in the shoes of a judge, it is worth remembering that a lot of these cases, perhaps a large majority, will come before junior courts, which have neither the time nor the resources to enter into long jurisprudential arguments. I have long maintained that judges should be given discretion and that, whatever the legislation is, it should not circumscribe the discretion of a judge too closely but should leave a modicum of room for the judge to come to a proper conclusion on the facts of the instant case. However, this should operate within the parameters of reasonable certainty of the law. The principles that a court is asked to apply should be sufficiently clear for both the court and, equally important, those citizens who seek to know the obligations that the law places on them.
The provision of “just and convenient” would go no further. It would not satisfy the principle of reasonable certainty of the law. Indeed, a court should seek to achieve that in any decision, on an injunction or any other part of the law. It does not reduce the deficiencies in the substantive provision.
For those reasons, and for others that your Lordships have expressed, I strongly support the amendment. The provision in the Bill without the amendment is too uncertain and too wide. The amendment gives a proper degree of certainty and security of the law.
My Lords, I am not seeking to annoy or cause a nuisance, but I believe that it may well be the will of the House now to hear from the noble Baroness, Lady Smith, on behalf of Her Majesty’s Opposition, and then the Minister.
My Lords, it is my right to speak. People have mentioned cats and dogs; nobody has mentioned race. If this is the wish of the House, I will not.
I rise to support the amendment in the name of the noble Lord, Lord Dear. I believe that the Bill will allow the law enforcers to use subjective prejudices to harass and even charge persons as young as 10. This law does not take on board the fact that this nation is now multicultural but still has not unlearnt its racial prejudices. The clause could have as damaging an effect as the sus laws which black people have fought and struggled to have repealed. We are not unaware that the sus laws are still enforced by a change of language, as was done at the Notting Hill Carnival in 2013.
Britain is now a land of many cultures, and what one culture will subscribe to is not always acceptable to others and may easily be interpreted as annoyance and nuisance. Anyone with a racial bias could misinterpret the actions of anyone, especially someone of colour, as being offensive and feel it within their right to accuse them of breaking the law. Such actions as the Bill proposes could criminalise many innocent persons and further damage the fragile gains that we have made in this country.
A child as young as 10 may not even know that he or she is breaking a rule. This happened under sus many times—because I have worked in the community, I speak from within. This is what happens when people are given the wrong law. A group of young people speaking loudly or displaying high spirits of any kind could be accused of causing a nuisance or annoyance to others who are not aware of the culture. They could be young people gathering together to chat, especially on housing estates where there is not an awful lot of room. Young people are more prone to be victims of this law because they feel deeply and express it. Others in society, I agree, also feel deeply, but they have the means of concealing their real feelings.
I should like to quote Assistant Chief Constable Richard Bennett of Thames Valley Police, who said he would not expose anyone to the obscenities he had hurled at him at times when he was delivering the law. I worked in the community as a human being. I am not representing the black community. I know what I had hurled at me and the discomfort it caused people that I was engaged in trying to help right the wrongs that were going on.
My motive for speaking here so openly and frankly has been curtailed, and I will not delay your Lordships longer. This clause, if unchanged, will have serious effects on the black community and divisions will be even further stretched, as under the sus law.
My Lords, I wish to take very little time to make a point which is worth making and has not yet been made. I express my complete support for the main thrust of paragraph (a) of the amendment of the noble Lord, Lord Dear, but I wish to express my reservations about paragraph (b) of that formulation. Paragraph (b) refers to anti-social behaviour being,
“in the case of an application for an injunction under this section by a housing provider”—
“housing provider” is defined in Clause 19 of the Bill—
“conduct capable of causing nuisance or annoyance to any person”.
I think that paragraph (b) is ill advised and would be better left out.
The Housing Act 1996, amended by the Anti-social Behaviour Act 2003, provided for “relevant landlords”. That expression is much the same as, but not identical to, the definition of “housing provider” in the Bill. It provided that the courts, on the application of a “relevant landlord”, could grant an anti-social behaviour injunction if the person in question, the respondent, had engaged, or threatened to engage, in housing-related conduct capable of causing a nuisance or annoyance. There we have the expression “nuisance or annoyance” in the amended 1996 Act. Housing-related conduct is defined as meaning conduct directly or indirectly relating to or affecting the housing management functions of the relevant landlord.
There is no repeal provision in the Bill, so these provisions relating to the actions that relevant landlords, as defined, can bring will remain as part of our law, notwithstanding the Bill becoming an Act. Moreover, it is common in tenancy agreements for there to be a covenant by the tenant not to engage in any conduct that might constitute nuisance or annoyance to the surrounding dwellers in flats or houses. That too will remain. There is no repeal provision so far as that is concerned either. The new right being given by this Bill to persons who suffer from the behaviour, whether it is nuisance or annoyance or, as the amendment of the noble Lord, Lord Dear, would have it,
“conduct that has caused, or is likely to cause, harassment, alarm or distress to any person”,
is new. For my part, I do not see why the actions in that regard should not apply as much to housing providers as to anybody else. If housing providers are relevant landlords they can bring the actions referred to in the 1996 Act as amended. If they are not, why should they not be in the same position as anybody else? That is the point I make. This amendment would be improved and would be more consistent with the current law if paragraph (b) was removed.
(11 years, 5 months ago)
Lords ChamberMy Lords, I can understand the concern of my noble friend, who speaks from considerable experience of these matters. As he will know, the Home Secretary has set up the College of Policing, one of the principal tasks of which is to review police ethics and to establish within the policing profession a code of ethics that will guarantee that within the police force itself there is an acknowledgement of what is proper and what is acceptable in policing terms. I share my noble friend’s concern; it is the reason why we are taking things which happened in the past so seriously. We recognise that if we do not eliminate these issues from policing practice, there is a risk that we could see events similar to the ones that we have to talk about today.
My Lords, I can tell the House that on the night that Stephen was murdered, I was the community relations officer detailed to keep an eye on what was happening. A week after the murder, I was invited to meet the Minister for race relations in the Home Office, the then Mr Peter Lloyd. I was asked if I could say something about what was happening in Greenwich. I explained to him that the Lawrence family were the epitome of any British family. They were married, they had three children who went to school regularly, and they played tennis. Five Englishmen set upon their eldest son and murdered him in the street. At the time the community, in its grief, was concerned about how the police were reacting to the death of an 18 year-old. On the night of the murder, I went to the hospital and had to drive along the road, but the police had not cordoned off the area where Stephen had been murdered. I have said this many times, but today I can say it publicly: we were all very concerned.
After I had explained in detail what was happening, we were told that Peter Lloyd was so moved that he appointed a Member of this House to visit Greenwich. The Member called into the police station and spent a day with the police, and he said in his report that the police were doing everything they could. He did not contact the local council, he did not contact the community relations council and he did not contact the community. He did none of those things. We were outraged because we knew that something was wrong.
I stayed by the Lawrences in their struggle for 10 years, at which point I felt that they were strong enough. I would like to ask whether the Member of this House who spent a day with the police will be questioned during this inquiry. He gave the police confidence that they were doing a good job. The community knew that they were not, the race relations people knew that they were not, and the council knew that they were not.
For the black community, the police perjuring themselves in the way they have done is well known. A lot of young people were disenfranchised because of how the police treated them. They would arrest them, but when they asked, “What have I done?”, they would be charged with obstructing the course of justice. There was a time when the Metropolitan Police made it impossible for a young black person to walk the streets of London. If the Government are taking this seriously, and I am sure that they are, this cannot be a “surface” inquiry. I feel that the House deserves to know how a Member of this place could give the police such a good report while the families were suffering. I thank all noble Lords for listening.
My Lords, it has been a privilege to listen to the noble Baroness, who has recreated some of the fears and anxieties which the Macpherson report sought to address. There have been few more damning indictments of an institution than that report. What is currently being alleged is that there may have been some aspects of policing at the time which were not reported to Macpherson, including this particular unit and its activities. These are matters of great concern. I have to be brief because other noble Lords want to come in, but I am pleased to have listened to the noble Baroness.
(12 years, 7 months ago)
Lords Chamber
To ask Her Majesty’s Government whether they will encourage HM Inspectorate of Constabulary to undertake a thematic review of race relations policies within police forces in the United Kingdom.
My Lords, the Government take recent allegations of police racism very seriously. The firm actions taken by the Commissioner of the Metropolitan Police are exactly those that we would expect other service leaders to take if faced with similar issues. We do not believe that a thematic inspection by Her Majesty's Inspectorate of Constabulary is necessary at this stage.
I thank the noble Lord for his reply. He will recall that on 29 November he assured the House that there was no racism in the police force. Circumstances have shown that he was wrong. Will he consider again encouraging the police force to begin racism awareness training among the constabulary? We need to get rid of the Aryan myth of white superiority once and for all and I believe that it is necessary that we should all understand what that is.
The Commissioner’s statements were very encouraging. Is the Minister able to arrange a meeting between those of us who are very interested in this subject and the commissioner so that we can explain to him what is really meant by institutional racism and the recommendations in Macpherson can be acted on?
My Lords, I owe the noble Baroness an apology if I suggested that there was no racism within the Metropolitan Police. It is obviously wrong to suggest that any organisation has no racism within it. What I was trying to get over on that occasion, and on the two occasions last week when I dealt with questions of this sort, was that institutional racism within the Met has largely been dealt with. It was encouraging that the most recent cases of racism were reported by the police themselves and therefore this was a strong sign that these matters were being dealt with.
I would be more than happy to assist in arranging a meeting between the noble Baroness and others and either the Commissioner or the Deputy Commissioner, whomever she considers the most appropriate person to deal with these matters. Meanwhile, as I made clear on the Question from my noble friend Lord Sheikh and the Statement that I made on another occasion when I believe the noble Baroness was present, I believe that the Met is making considerable strides in this area.
(13 years ago)
Lords ChamberMy Lords, as I made clear, I do not believe that the police are guilty of racism. The police should, quite rightly, arrest those they think are committing offences and the criminal justice system should prosecute those people, irrespective of the colour of their skin, their gender or anything else.
My Lords, since the closure of the CRE, what steps have been taken to assist the police in dealing with the institutional racism that was clearly declared in the Scarman report?
My Lords, I think the noble Baroness is referring to the Macpherson report, not the Scarman report. Allegations were made about institutional racism at that time. The police have addressed that matter and I do not believe that there is racism within the police service as a whole.
(13 years, 1 month ago)
Grand CommitteeMy Lords, I thank the noble Baroness, Lady Hussein-Ece, for providing this opportunity to discuss such an important subject and for her carefully crafted opening to this debate. I will use my few minutes to share with you some of the insights I got on the subject while working as a councillor in the community. However, first I invite the Committee to consider how for centuries mankind has sought control. The way of controlling has been by the cracking of the whip by bosses, parents and school teachers. Today, we are very lucky that some of these controls have been removed. At the base of discipline, the end result has been to show who is in charge. Taking control is the key factor. Such behaviour may emanate from a number of causes, including a sense of entitlement, often supported by sexist, racist, homophobic and other discriminatory attitudes. I well remember a case of a father battering his son to death when he disclosed to him that he was gay. His words to me were, “I accepted my son had grown up, but I had no control over his sexuality, and I had to bear the shame”. He said this over and over again. “When did I lose control of my family? I did all I could for my son, and now he has brought disgrace, he has brought shame to our family. My wife was too soft”. He then turned and attacked her.
It is always clear that the abuser is responsible for the violence. However, I believe conditioning may be at the root of uncontrolled abuse. How do we begin to address such conditioning? Domestic violence can be defined to include any violence to children, mothers or other members of the family. Domestic violence is dangerous. It is more so when the perpetrator is the man who sees himself as the breadwinner and the supporter of the family. He asks himself how he can become big when he can no longer play that role. He feels helpless, he loses the control he has always had and the power of being in charge which has always been there. If it appears to be slipping by losing one’s job, by feeling that others in the workplace are getting better breaks, or even by having a nervous breakdown, then the abuse can start.
When discussing the issue with women, most always want to blame themselves. The perpetrator is in no doubt that it is not the woman’s fault. Nevertheless this is so well accepted that the woman herself believes that she is the reason that his control has gone. Although this perception is changing in women, they are still reluctant to report the abuse. Children in households are often sworn to secrecy. Women can always recount cases of others who have been brave enough to seek redress, only to find that even where cases have been proven, somehow the danger they and their families are in hardly ever penetrates the legal system. The abuser either escapes jail, or if he is incarcerated, he serves half a sentence and returns to take vengeance on them, which often leads to their deaths. One young woman opened her door without even knowing that the man who had abused her was out, and he shot her as the door opened.
Our society appears to be becoming very violent. Many learned men and women have written in great detail about the causes of violent behaviour, blaming family breakdown, the loss of Christian values, the influence of the media, drugs and criminality as a whole. During this time of recession, can the Government be the voice for change on violence against women? We know from research that the vast majority of domestic violence is perpetrated against women and children, and women are considerably more likely to experience repeated and severe forms of violence and sexual abuse. Women may experience domestic violence regardless of their ethnicity, religion, class, age, sexuality, disability or lifestyle. The main perpetrators, as we know from research, are always men. Abusers choose to behave violently to gain control. A perfectly reasonable man can resort to domestic violence if he feels that he is losing that control. The mentally ill can also resort to violence as in their illness they perceive that their control is slipping away from them. The victims of stroke can also become very violent indeed. Does the Minister have any plans to end that sort of violence against women at this time, perhaps by bringing forward new legislation so that at least we can have the final say on the abusive acts that men perform against women?