European Union (Withdrawal) Bill

Debate between Baroness Kennedy of Shaws and Baroness Lister of Burtersett

Report: 3rd sitting (Hansard): House of Lords
Wednesday 25th April 2018 Lords Chamber

[Baroness Kennedy of The Shaws (Lab)]

My Lords, this amendment relates to the incredible collaboration that takes place across Europe relating to violence towards women and girls—and, indeed, boys as well as girls. Here we are talking about the ways in which this kind of violence, which we know exists in our society, can now travel across borders. There has been real co-operation between the nations of the EU in creating orders that protect people who are vulnerable to abuse and violence, and that work has been essential progress towards the creation of better societies. It has certainly provided a great deal of protection for very vulnerable people.

Noble Lords will see that in the amendment, in which I am supported by others, I have called for this House to ensure that the Government in no way introduce law that would diminish the protections in relation to protected persons that are set out in our own legislation where we adopt European protection orders. I am going to speak about this amendment in relation to two other amendments that also bear my name, Amendments 67 and 69, which also deal with the issue of tackling violence against women and girls.

The special protection orders that have been created across Europe have been very important in the area of domestic violence, particularly where there are marriages, partnerships or relationships across borders where, after the breakdown of relationships, there can often be pursuit of victims who have returned to their families living elsewhere. That could be British women returning to Britain or in the opposite direction, where they are fleeing the kind of trolling and pursuit that is put in place by partners who will not accept the end of relationships and who inflict violence upon women and their families. Protected persons orders have been hugely important in dealing with this across borders, and because of mutual recognition they can be enforced in other places apart from the place in which the order has come into being. We are anxious that the regulations that have created that should not be vulnerable to change without the scrutiny of Parliament because they are so important to protection.

I turn to the other matters that link to this. In Amendment 67, I have sought to do something that I have done in other cases too. Many of us who are lawyers and who see how the working of law across borders has been so effective are anxious that arrangements may be made where it is possible that we will see that they are not working only in the aftermath, in the period immediately afterwards. We need to have some kind of safety nets, particularly where we are talking about vulnerability to violence. We need those safety nets to ensure that matters can be brought back into review and monitored carefully after we leave Europe.

Therefore, in Amendment 67 I call for a reporting back to monitor the effectiveness of whatever is put in place of what we have now—which I hope will follow closely what we already have. The concern is that we cannot legislate for reciprocity; we need something else to ensure that reciprocity is working. There may be a commitment to it, but we must ensure that it is working. That is why we are calling for, within a month of the passing of the Act and then every calendar year thereafter, the laying before Parliament of a report on the continued co-operation with the European Union on tackling violence against women and girls.

I remind the House that what we are talking about here is maintaining common rights of victims of domestic violence and sexual abuse who move across borders—and that includes trafficking. We are also talking about reducing female genital mutilation, which is one of the areas on which we have had very close co-operation because of the movement of girls to other parts of Europe and sometimes then outside Europe. Even within Europe people have been taken across borders to places where female genital mutilation frequently happens. The orders are also used to reduce child sexual exploitation and to enable data sharing between agencies about this kind of abuse. We should monitor to ensure that we do not let this work fall between the slats once we have left and simply rely on good will and co-operation, which may not actually work in the aftermath.

Amendment 69 deals with the funding for ending violence against women and girls. Again, colleagues and I are calling for a report to be made to both Houses of Parliament by the Secretary of State, within a month of the passing of the Act and thereafter once a year, to let us know about the position with regard to the loss of EU funding. The loss of that funding will have serious consequences for the work done in this area. European money goes into very real research, service provision and other activities relating to the ending of violence against women and girls. I have seen this up close, in the academic world but also in organisations that do that important work. If the money is not going to come from Europe, I want to know whether there will be comparable resources for all those elements that we have been working on. Will there be funding from the Government for that? There will be an awful lot of calls on government funding, and it is important that money is not taken away from this area.

Half the population care about this sort of stuff. They care about preventing violence towards women and girls, and they want to see that work continue. It is best done in collaboration with other countries, so I would like to hear from the Minister what is planned for the future, and whether there could be a commitment to reporting back on a regular basis so that we can keep these matters within our sights. I beg to move.

[Baroness Lister of Burtersett (Lab)]

My Lords, I support my noble friend, and will speak in particular to Amendment 69. In Committee, I asked a number of questions about the future of domestic abuse funding, and when the Minister did not answer them in her wind-up speech I asked if she could write to all who had spoken in the debate—but letter came there none. So forgive me if I repeat those questions now.

First, what criteria will be used to decide whether future structural fund commitments will be met up to 2020, so long as they, as the Government put it, represent value for money and align with “domestic priorities”? Surely domestic abuse projects must align with domestic priorities, given the proposed domestic abuse strategy—even though the consultation document on that strategy says nothing about the future of EU funding. Can the Minister confirm that they will be considered to be in alignment with those priorities, so they will be protected until 2020?

Secondly, will the Minister give an assurance about the future of the Rights, Equality and Citizenship Programme, which supports progress on equality and human rights, including through front-line services for people experiencing domestic abuse? At the end of her speech, she gave some crumbs of hope when she said that she would look at Hansard and see whether the Government could provide any further comfort on the back of the debate we had then. I hope, too, that she might have been able to read the debate on the recent Question for Short Debate on domestic abuse, in which most speakers from all parts of the House emphasised the importance of adequate funding for domestic abuse, and expressed fears about current proposals for reforming the basis of that funding.

That is the context for this amendment. If the Government are not willing to accept, in particular, Amendment 69, which is incredibly modest in what it asks for, that will send out a negative message to survivors of domestic abuse, and to the organisations such as Women’s Aid that work with them.

Immigration Bill

Debate between Baroness Kennedy of Shaws and Baroness Lister of Burtersett

Tuesday 15th March 2016 Lords Chamber

[Baroness Kennedy of The Shaws (Lab)]

I rise to speak to Amendment 81 standing in my name. I also support the amendments just spoken to which concern the ways in which these charges are having a serious impact on women’s lives.

The House will remember that on a previous occasion I raised the issue of access to higher education for young people leaving care who have leave to enter and remain in the United Kingdom. I was deeply concerned about the way in which these opportunities would be unavailable to certain categories of people. In response to my previous amendment, the noble Lord, Lord Bates, very kindly agreed to set out the position in relation to home tuition fees. I was concerned that people who have leave to remain and have been in care are expected to pay the fees as if they were overseas students—as if they were Americans choosing to come to study in Britain. That, of course, is not the case. The fees are very much higher and cause serious detriment to those who want to have the opportunity to undertake education.

I am grateful to the Minister for setting out his rationale and that of the Government. I should make it clear to the House that the Government consider that there is already generous provision for those who have been granted refugee status. So those who have gone through the process and obtained refugee status can get home fees and access the student support regulations, which means that they can get a loan. That is also available to those granted humanitarian protection, if they can demonstrate that they have been lawfully in residence—ordinarily resident—in the country for three years.

But what came through in the reply to my concerns was that local authorities would be prevented from paying the higher education tuition fees of adult migrant care leavers who are not refugees and do not meet the humanitarian criteria. I ask the Government to think again on this, and I shall explain why. By preventing this discretion—which is used very sparsely by local authorities—to provide assistance in the few cases where this situation arises, we are blighting the lives of many talented young people.

I have mentioned before that I am the president of a foundation bearing my name which provides bursaries to very disadvantaged people, including young refugees, young people who have fled humanitarian crises and those who have leave to stay. One such person is a young man, Ade, a Nigerian, who was trafficked to the United Kingdom when he was a child of 14 or 15 for the purposes of exploitation. He managed to escape but was on the streets and was homeless. He was taken into care at the age of 16 and classified as a looked-after child by Salford local authority. He subsequently claimed asylum and was granted limited leave to remain.

As a looked-after child, Ade received full financial support from Salford. He was recognised as being a very clever high achiever and was offered a place at the University of Salford, where he successfully negotiated a full tuition waiver. He was not eligible for student finance due to his immigration status but he got the waiver. Salford local authority covered the additional costs of studying by providing his accommodation and living costs. If he had not had that support, this young man would have been unable to complete his education at university. He graduated with a 2:1 and went on to do a master’s degree. He received his master’s with a merit just last summer. He is now seeking employment. If he had not had that support from Salford local authority and the Article 26 campaign group, which has also supported him, we would not have this young graduate, who will contribute to life here in Britain. He is now applying for British citizenship, as I said.

I ask the Government to think again because there should be exceptional circumstances in which the very able are given the kind of support that Ade has had. If it had not been available, at the very best he would be seeking to embark on his journey at this stage of his life rather than when he was able to. As I said, he is an incredible young man.

I want to impress on the Government that care leavers who have had leave to remain, and whose future lies in the United Kingdom, should be able to access student finance and home fees, and should not be expected to pay overseas fees as they are now. We could, for example, apply the three years’ ordinary residence in their cases, too—because Ade had been here for three years. I really want to impress on the Government that by having a blanket rule that local authorities cannot do this we are going to visit hardship on deserving cases.

[Baroness Lister of Burtersett]

My Lords, I will speak briefly in support of Amendments 79 and 80, to which I have added my name. The noble Baroness, Lady Doocey, has already made a very powerful case, as has the noble Lord, Lord Alton. While I appreciate the care taken by the Minister in his letter of 3 February, I am disappointed that the Government were not willing to budge an inch on what I—perhaps naively—thought was a rather small, albeit important, couple of amendments.

In Committee, the noble Baroness was rightly dismissive of the administrative arguments to justify refusal. Will the Minister give the House some idea of what the exact administrative costs are likely to be and what assumptions the Government made in deciding that it would be too administratively costly? Will he also give some idea of how many people in a year meet what he himself has described as the “narrowly defined” test to qualify for exemption on destitution grounds? While I prefer clear, legal entitlements, in the spirit of what the noble Baroness, Lady Doocey, suggested, I wonder whether there is room for building on the destitution exemption.

For example, if an applicant could demonstrate the difficulties that an up-front payment would cause, short of meeting the destitution test, they should be allowed to pay in a limited number of instalments. This would be clearly circumscribed. In some cases, we are talking about really large sums, but even where it is just the most basic payments, it is still a lot for someone with very limited means to pay as a one-off. That point has not been adequately taken on board.

What I am suggesting would get round the fear, expressed by the Minister, of people being able to use payment by instalments as an interest-free loan, regardless of their capacity to pay up front. We are not suggesting that anybody can come along and say they would like to pay in instalments—just those who may not fail the destitution test but who would clearly face real problems.

On the domestic violence exclusion, how many people have been exempted under the rule—brought in, according to the Minister’s letter, in April 2015—that exempts treatment needed as a consequence of domestic violence? Would it not be simpler just to exempt all those who have been a victim of domestic violence, rather than making applicants prove that any physical or mental health needs are a direct consequence of it? We know, from other contexts, how difficult it is to prove these impacts—particularly on mental health—in a way that satisfies authorities. It can also be very distressing to have to provide that proof.

I have received an email expressing support from the Royal College of Nursing, which is very concerned about the workings of the health surcharge. One of its concerns is to know what mechanisms exist, and what assurance the Government can offer, that the revenue generated is redirected back into the NHS.

Finally, I support Amendment 81, tabled by my noble friend Lady Kennedy of The Shaws. I quote from the conclusions of a study carried out by the UN High Commissioner for Refugees and the Council of Europe, which adds to the strong case already made and states:

“Access to education should be better supported, including, where necessary, after young unaccompanied and separated asylum seekers and beneficiaries of international protection have reached the age of majority, as it plays a critical role in their transition”.

We had an example of that from my noble friend. It is important that we support these young people in such a difficult transition period.

Immigration Bill

Debate between Baroness Kennedy of Shaws and Baroness Lister of Burtersett

Wednesday 9th March 2016 Lords Chamber

[Baroness Lister of Burtersett]

My Lords, I support Amendment 57. I will not repeat all the arguments I made in Committee in support of this most basic of civil rights—the right to be able to undertake paid work. I simply want to respond to a couple of the arguments that the noble Lord, Lord Ashton of Hyde, made in response in Committee.

As the noble Lord, Lord Alton, noted in so ably moving the amendment, the main argument seemed to be our old friend, the pull factor, which dominates policy-making in this area. Since that debate, my attention has been drawn to the only piece of research I am aware of that has explored with individual asylum seekers and refugees the factors that informed their decision to seek asylum in the UK. The report Chance or Choice? by Heaven Crawley was published a few years ago by the Refugee Council. I will quote from it in the interests of evidence-based policy-making. Her broad finding was that, contrary to the assumptions on which policy is premised,

“the choices asylum seekers make are rarely the outcome of a rational decision making process in which individuals have full knowledge of all the alternatives and weigh them in some conscious process designed to maximise returns”.

Professor Crawley found no evidence from this or other research that work acts as a pull factor. Instead, she concludes that,

“the policy change introduced nearly a decade ago to prevent asylum seekers from working whilst their claim is determined has had no measurable impact on the level of applications received”.

The report said of asylum seekers,

“the inability to work was the biggest difficulty they faced in rebuilding their lives. Lack of access to work has psychological and social as well as economic consequences”.

It quoted a woman from Zimbabwe who said:

“Sometimes I just cry. It’s like I am worthless, like I am just this piece of junk”.

Another said:

“My mind has gone rusty. I am not able to look at a meaningful life anymore. I look at it and I think, oh what a wasted life”.

It is terrible that people are having to feel this.

The noble Lord, Lord Alton, cited a range of cross-national evidence that does not support the argument that enabling people to work acts as a pull factor. No doubt the Minister will respond with the other argument given twice in Committee:

“It is important that we protect the resident labour market for those lawfully present in the UK”.—[Official Report, 20/1/16; col. 850.]

But asylum seekers are lawfully present until they are deemed otherwise. To suggest they are not plays into the popular tendency to conflate asylum seekers with undocumented economic migrants.

This leads to my final point. A number of noble Lords and organisations outside have expressed the fear that by denying asylum seekers access to legitimate paid work, sheer need and desperation will push them into the shadow economy where they are prey to exploitation. I raised earlier my concerns that they could now also be caught by Clause 32, which will criminalise them.

To conclude, like the noble Lord, Lord Alton, I do not believe that the Government have made their case that current policy is, to quote the noble Lord, Lord Ashton of Hyde, “fair and proportionate”. On the contrary, it is unfair and disproportionate when compared with the position in most other EU countries, and in its short-term and long-term impact on asylum seekers and refugees whose subsequent integration into British society is impeded by it, as we have already heard. As Ian Birrell, former speech writer for the Prime Minister, wrote earlier this week:

“The key is to let refugees work legitimately, so they can build a fresh start—wherever they are. After all, what human being wants life trapped in limbo … Refugees may have escaped hell, but that does not mean we force them into purgatory”.

It feels as if, too often, we do just that. This amendment would help asylum seekers out of the purgatory of enforced idleness and impoverishment.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I, too, support this amendment. I frequently find myself addressing immigration issues at public meetings because these issues are in the public’s mind and attract a lot of attention, particularly in relation to law. As soon as you draw the distinction between economic migrants and those seeking asylum, the public always recognise the importance of the ability to work, and support it. There is a misconception among politicians’ and public commentators’ understanding of the public mood on this issue. The public generally think it is right that those seeking asylum should have the opportunity to make a life, to work and to have that dignity which everyone has spoken about. They do not see this as just a compassionate issue but as one of good sense in relation to this country and its needs. I urge the Minister to look at this issue carefully, especially given the speed with which these applications are now being dealt with, as the Labour Front Bench mentioned, and which we commend. This is one of the ways in which we can show that we are capable of making a distinction between economic migrants and others; that we will not allow this confusion to arise in the public’s mind; and that we recognise the public’s desire to ensure that those seeking asylum, to whom we are giving a home, should have the opportunity to live among us, work, and thereby make a contribution to their own lives.

Modern Slavery Bill

Debate between Baroness Kennedy of Shaws and Baroness Lister of Burtersett

Monday 8th December 2014 Lords Chamber

[Baroness Lister of Burtersett]

I support Amendment 85A in the name of the noble Lord, Lord Patel, to which I was pleased to add my name. I also express my support for the case made by the noble Lord, Lord McColl, and pay tribute to him for his role in bringing us as far as we have got.

The Joint Committee on Human Rights made the case for a guardian or advocate system for all unaccompanied migrant children in its report Human Rights of Unaccompanied Migrant Children and Young People in the UK. In that report we pointed out that,

“the UN Committee on the Rights of the Child called for the establishment of a system of guardianship in its General Comment No. 6. It says a guardian should be present in ‘all planning and decision-making processes’ to provide ‘the continuum of care required by the child’. The presence of a guardian was also a specific recommendation to the United Kingdom in the UN Committee on the Rights of the Child’s State Report in 2008, which called for an independent system to ensure that a child’s best interests was considered throughout the decision-making process. The UNHCR insisted that a guardian would help ‘best interests remain a primary consideration throughout the procedure’”.

We repeated our recommendation in our report on the Modern Slavery Bill. In essence, the argument is very much that put by Sarah Teather MP in the Public Bill Committee that any unaccompanied child is vulnerable. This is recognised in other European countries, including Scotland. Indeed, these children become vulnerable to trafficking, a point made by the EU Agency for Fundamental Rights. It argued that unaccompanied children and children without parental care living in residential institutions are at higher risk of being trafficked. In response to the question raised by the noble Lord, Lord McColl, I suggest that that is perhaps one reason why it is appropriate for this amendment to be in the Bill.

I understand the Government’s fear, as expressed in the Public Bill Committee, that this would risk diluting the advocates’ skill set and expertise and that spreading the expertise too thinly could mean trafficked children not receiving the support that they need, a point made by the Minister, Karen Bradley. However, I think that this argument is weakened by the powerful argument put by the noble Lord, Lord Patel—it is an argument that civil society groups, particularly those in the Refugee Children’s Consortium, have put to us—that we do not always know who is a trafficked child. In order to ensure that trafficked children are not falling through the net, it is important that the advocate or guardian is not restricted only to helping trafficked children. Again, I hope that that meets the reservation expressed by the noble Lord, Lord McColl. It is essential for trafficked children for this to be widened. I hope that the Minister will address this argument and think a bit further about the argument about dilution, which I think is misplaced.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I support these amendments, including the amendment in the names of the noble Lord, Lord Patel, and the noble Baroness, Lady Lister. I, too, pay tribute to the noble Lord, Lord McColl, and the noble and learned Baroness, Lady Butler-Sloss, who have been at the forefront of this commitment to there being an advocate for children.

I want to emphasise some of the things said by the noble Baroness, Lady Lister. I, too, sit on the Joint Committee on Human Rights and we took evidence on unaccompanied migrant children. The concerns about dilution are somewhat misplaced because the experience of people who are doing this kind of work—and I am speaking about colleagues at the Bar—is that children, like adults who have been trafficked, in the first instance because of fear of those who have trafficked them, do not immediately disclose. It is often after some trust has been developed that children will eventually disclose matters that show that they have, in fact, been trafficked and that they are precisely the kind of child whom we should be concerned about. If a child is unaccompanied, almost invariably there is a back story and it takes time to gain the confidence of the child for the full story to become clear. It is important that we recognise that the role of the child advocate should be from the very point of dealing with the child arriving in the country or identified in the country as being unaccompanied but being a migrant.

I want to reinforce some things that were said by the noble and learned Baroness, Lady Butler-Sloss. Local authorities often, I am afraid, fail to understand or respond adequately to the needs of trafficked children. Of course, they have their own problems now financially and so they are feeling particularly hard-pressed. A legal advocate has to have powers to compel the council to act; otherwise we will see real gaps in the provision for these children, who need to be properly assessed and supported. Without having that power, the advocate will be no more than a pleader to local authorities and there will be times when children will fall through the net.

I also press on the Government the importance of having a power to instruct legal representation. These things are complicated. The law around this is not simple and I think at quite an early stage there is going to have to be support from experts in the field of immigration law. Invariably it is about immigration law but also children’s law. If the power is not there to be able to access the right kind of legal representation for a child, then the child’s rights may not be properly argued. We often talk about international conventions. It is an area of law that is not straightforward. I hope that the Government will listen to the pleas being made by noble Lords moving these amendments, which I strongly support.

Criminal Justice and Courts Bill

Debate between Baroness Kennedy of Shaws and Baroness Lister of Burtersett

Wednesday 30th July 2014 Lords Chamber

[Baroness Kennedy of The Shaws]

Can the Minister address the following concern? A distinction has been made between those who voluntarily intervene, in that they approach the court and indicate that they might be able to contribute something of special value, and those invited to participate. I chair the council of Justice, which, as this House knows, is an absolutely cross-party and no-party organisation—it is an independent organisation of lawyers, one of the organisations regularly described as acting as an intervener. It does so because of its commitment to the rule of law and the recognition that it is a lawyers’ organisation that has things to say about law which may be missed in the kind of judicial review where a particular issue is being raised that may have much more generalised concerns.

I am concerned that every so often Justice will identify an issue in an action that is not immediately obvious and will therefore draw the court’s attention to that fact; consent is then given to its intervening. I am, therefore, very worried about this distinction between the voluntary and the invited-in. Often it is the volunteer organisation saying, “We think there is an issue here that the court should hear”, which is of great value. I shall give an example of that. Noble Lords heard from organisations such as Justice and Liberty during the torture case. I know that it went all the way through but there are cases where there are legal issues, and when my noble and learned friend Lord Mackay—I refer to him as a friend because he is a dear friend—raises the issue of why we have seen some growth. It is because our world is more complicated and because we are dealing with issues such as international terrorism and more complicated issues in medicine that interventions from specialist organisations can be useful. Often, however, the courts do not know how they could be assisted until the voluntary suggestion is made that something of value is on offer.

[Baroness Lister of Burtersett]

My Lords, I asked a number of practical questions that had been put by Justice. I want to save the Minister from jumping up and down and I do not want to come between your Lordships and lunch, so perhaps he could write to all those who have taken part in the debate with the answers.