Victims and Prisoners Bill

Baroness Lister of Burtersett Excerpts

Committee stage
Monday 5th February 2024 Lords Chamber

If we can establish this collaboration between statutory and community bodies, supported by government, for the well-being of victims of crime and abuse, we may be going some way to resurrect what a few years ago the then Prime Minister, now a Member of your Lordships’ House, so powerfully encouraged us to think of as the big society.

[Baroness Lister of Burtersett (Lab)]

My Lords, I support the amendments in this group specifically on domestic abuse services. The Justice Committee, in its pre-legislative scrutiny report, observed:

“Additional funding is required to enable services to meet demand and allow the Victims Bill”—


as it then was—

“to live up to its ambitions”.

As the noble Lord, Lord Russell of Liverpool, pointed out, a mapping exercise by the domestic abuse commissioner revealed just how patchy is the support available to domestic abuse victims and survivors from community-based services because of funding difficulties. Funding, such as it is, is often short-term and insecure, which reduces services’ capacity and ability to plan, with implications for effective service provision and the recruitment and retention of staff.

The mapping exercise also underlined the importance of community-based services, which was what most victims and survivors wanted. This chimes with the experience of organisations such as Refuge and Women’s Aid. The domestic abuse commissioner found that the weaknesses due to funding difficulties were

“compounded for victims and survivors from minoritised communities who face the greatest barriers to support, with specialist ‘by and for’ organisations increasingly defunded despite being best placed to meet their needs”.

In an earlier briefing on the Bill, she pointed out that such organisations

“are particularly ill served by local commissioning, where commissioners can favour fewer larger contracts to cover their whole population, or where there is not the critical mass of individuals from a particular community in a given geographical area for commissioners to commission a bespoke service”.

She emphasises that her mapping exercise shows that by-and-for services are

“by any measure, the most effective services for victims”,—[Official Report, Commons, Victims and Prisoners Bill Committee, 20/06/23; col. 7.]

especially those from minoritised communities.

Women’s Aid makes an important point that the distinction between specialist and generic VAWG services is recognised in Article 2 of the Istanbul convention and should be reflected in the Bill. Women’s Aid also argued that, on the basis of economic analysis conducted for it by ResPublica, the funding of specialist domestic abuse services can be seen as spending to save, given the savings it would generate elsewhere, as the right reverend Prelate underlined.

I return now to a point I raised at Second Reading on the significance of economic abuse. To the Government’s credit, this is now recognised in law. Community-based services need to be able to help victims and survivors of economic abuse, the impact of which can be devastating—even more so given the financial pressures so many families are facing. A Women’s Aid survey last year found that the cost of living crisis has hurt both specialist domestic abuse services, leaving many on their knees, and of course victims and survivors themselves. Of the women surveyed, 73% told them the charity it had either prevented them leaving or made it harder for them to flee. Some two-thirds said that abusers are now using the increase in the cost of living and concerns about financial hardship as a tool for coercive control, including to justify further restricting their access to money.

This underlines the importance of economic advocacy, both for those who have suffered economic abuse and more generally for domestic abuse victims and survivors. Surviving Economic Abuse has done so much to put the issue on the political map. It has made the case for including economic advocacy in the provision of community-based services, including by-and-for specialist services. It sees this as

“key to victim-survivors’ immediate safety as well as long-term economic independence”.

The charity warns:

“Post-separation economic abuse is the primary reason women return to an abusive partner”.


Economic instability affects the ability to access the criminal justice system and pursue a prosecution. Economic abuse, including post separation, makes rebuilding an independent life extremely challenging. The charity therefore recommends

“that the standard support offer in all domestic abuse services should include economic advocacy in partnership with money, debt, and benefits advice as well as financial services, to help victim-survivors establish … economic safety”.

Existing examples of such support show how it can help victim-survivors establish their economic safety and rebuild their financial independence.

As I have said, economic advocacy is important not just for those subject to economic abuse. The DAC’s mapping exercise found that half of victim-survivors wanting support for domestic abuse during the previous three years mentioned the need for help with money problems or debt. Of those, only 27% were able to get such support, which is almost the largest category of unmet need that the survey found. This suggests that higher priority must be given to funding economic advocacy generally; otherwise, there is a real danger that some victim-survivors will end up returning to an abusive partner because of the dire economic circumstances they face trying to establish an independent life free of abuse.

[Baroness Newlove (Con)]

My Lords, I wish to speak in support of Amendments 59, 60, 62, 64 and 65. When you become a victim of crime, your life is thrown into disarray in a moment, as I know only too well from bitter personal experience. Indeed, I had to become the main breadwinner as well as supporting my daughters through the most horrendous acts they had ever seen in their lives. What people need at this time is help and support so that they can attempt to pull their lives back together and to recover. The victims’ code gives all victims of crime the right to refer to support services. However, I am often told how difficult it can be to get access to these services. In fact, people do not even know they exist half the time.

In my victims’ survey, only 46% of people—less than half of the people who responded—said they were referred to victims’ services. Even if they are referred, getting that service does not prove easy, with only 43% of respondents agreeing with the statement, “It was easy to get access to victims’ services”. One victim told me that

“it took a really long time to get the support I needed at that time, as I was going through a very traumatic time and this was really impacting my mental health in such a negative way”.

I appreciate that there are, and will always be, constraints on funding, but the way victims’ services are funded contributes to the problems faced by many of these organisations. Victims’ support services are currently delivered via a complex network of statutory and non-statutory agencies, which compete with other providers for funding. There are huge regional inequalities for victims trying to access support services. Access to counselling—the most sought-after type of support—showed the biggest disparity, with 58% of victims in the north-east of England able to access counselling, compared with 37% in Wales. Demand is increasing for these services, but this increase is not being met by additional funding or capacity being allocated by the local authority.

We need long-term, sustainable funding for victims’ services. Importantly, these contracts should be for no less than three years. I feel that I am on a carousel, because I have been arguing for that since day one as Victims’ Commissioner. This would give these organisations the stability they need to be able to recruit, train, and, most importantly, maintain staff. Staff are given notices three months before this funding is even being put into accounts. Nobody in any job can absolutely go through that, when they have mortgages, children to feed and everything else. It is not acceptable.

In the victims’ funding strategy, the Ministry of Justice is committed to the principle of multiyear funding for core victim support services, and I welcome this. However, the short-term nature of contracts and the competitive tendering process really do have a damaging impact on organisations’ ability to deliver services—especially the smaller organisations, many of whom deliver by-and-for services. By-and-for services are extremely valuable in the support landscape, because these are organisations that are run and staffed by the marginalised communities they support. It is vital that victims feel supported and, more importantly, build relationships to feel they are being understood by getting support in an environment that is comfortable to them. For many, this means being supported by people who understand their culture or have similar life experiences. Again, in my recent survey, only 29% of victims told me they were able to easily find suitable services for their specific issues.

The commissioning processes fail these specialist by-and-for organisations, because the way in which they are structured favours bidders who can provide support at lower costs and have a larger reach in terms of numbers—not necessarily the best practice for victims. They can also force providers into partnerships and consortium arrangements in which by-and-for organisations are underresourced, silenced, marginalised or squeezed out. It is vital that these organisations can continue the vital work they do, and not be continually disadvantaged by short-term funding rounds. That is why I am in favour of ring-fenced funding. I know that the Government do not like ring-fencing—but a ring-fencing pot is essential for specialist by-and-for support services.

I also want the statutory guidance on the duty to collaborate to include direction to commissioners on the importance of commissioning practices that do not discriminate against smaller specialist services but encourage them to fund a range of services suitable for all victims.

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However, we know that not all victims’ needs are the same, and it is also right that services be commissioned at a local level based on specific needs and populations, as assessed. For that reason, we provide PCCs across England and Wales with annual grant funding to commission local services at their discretion, which can include specialist by- and-for services, based on assessment of local need. I contend that given the existing funding available, there is no need for a new cross-government by-and-for funding stream, and that government budgets and funding streams should continue to be decided through the spending review process, rather than through legislation.

[Baroness Lister of Burtersett (Lab)]

I am sorry to interrupt, and I realise that the Minister has had to take over the brief at short notice. He paints a rather positive picture whereby the Government are doing all these wonderful things. Why, therefore, is the domestic abuse commissioner so concerned about the patchy provision of services in general, particularly by-and-for services?

[Earl Howe (Con)]

That is clearly a concern, and we must listen to the domestic abuse commissioner very carefully. I have tried to set out how we have responded within existing powers and structures to improve funding across the piece. If one is not careful, there will be too much micromanagement from the centre. I always resist that, and we know that it can lead to perverse results in all sorts of contexts. I would be very happy to talk further to the noble Baroness about the domestic abuse commissioner’s concerns in this context after we finish the debate, as I am sure my noble and learned friend Lord Bellamy would also be glad to do.

Moreover, as part of the joint needs assessment in the duty, commissioners will be required to have regard to the particular needs of victims with protected characteristics. This could result in the commissioning of by-and-for services.

I am grateful to the noble Lord, Lord Russell of Liverpool, for submitting Amendment 64, which would introduce a statutory requirement for certain commissioners and sector stakeholders to be consulted before issuing statutory guidance on the duty to collaborate. The Bill already requires the Secretary of State to consult such persons as they consider appropriate before issuing the guidance, without specifying particular bodies or roles. This is because of the wide-ranging nature of the duty and the key stakeholders involved—a list of relevant consultees could be extensive and change over time. Naturally, the department would continue to engage thoroughly with the various key stakeholders as the guidance develops. Therefore, we do not need a legislative requirement specifying who exactly that should be to enable them to do so.

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Moved by

[Baroness Lister of Burtersett]

76: In subsection (2)(a), after “girls” insert “and domestic abuse as defined in the Domestic Abuse Act 2021, with specific reference to controlling or coercive behaviour and economic abuse”

[Baroness Lister of Burtersett (Lab)]

My Lords, I will speak also to Amendments 77 and 107 in my name, and in support of Amendment 80, to which I have added my name. I very much support Amendment 75, in the name of the noble Baroness, Lady Brinton, but believe it could be strengthened: first by specific reference to domestic abuse—in particular, to controlling or coercive behaviour, including economic abuse—and secondly by ensuring that such training is delivered by specialist providers in the violence against women and girls sector. I tabled my Amendments 76 and 77 on behalf of Surviving Economic Abuse—SEA—with which I worked closely on the Domestic Abuse Act and for whose help on the amendments I am grateful.

As an officer of the APPG on Domestic Abuse and Violence, I have been struck by how often the domestic abuse sector has referred to the need for “training” or “improved training” on domestic abuse—particularly coercive control, including economic abuse—for those working in the criminal justice system. According to SEA, 5.5 million women experienced economic abuse from a current or former partner in the previous 12 months. As I argued earlier, it causes significant hardship, damages mental and physical health and makes it harder for a survivor to leave the abuser, putting them and their children at increased risk of further harm or even being killed. It also often continues long after separation, yet for those who build up the confidence to report it to the police, the criminal justice system is not using all its powers to tackle controlling or coercive behaviour, including economic abuse.

The latest criminal justice statistics from ONS showed that there were nearly 44,000 reports of coercive control recorded by the police in the year ending in March 2023, yet there were just 611 court proceedings and 566 convictions handed down in the year ending the previous December. Evidence shows that in many cases, the police rank economic issues as “low” when it comes to risk. They tend to focus on gathering evidence of physical abuse, even when victims disclose economic abuse. This is leading to perpetrators not being held to account for this crime, and victim-survivors left without true justice and at risk of further economic abuse. It is also particularly concerning given that economic issues were identified in just over a third of intimate-partner homicides analysed by the Home Office.

SEA has demonstrated that, when training is developed and delivered by specialist providers and is informed by the lived experience of survivors, it can positively change practice. Following training it developed and delivered to domestic abuse champions in 10 police forces, in partnership with SafeLives, nine in 10 police officers could recognise economic abuse and knew how to gather evidence to support a prosecution. There is a real danger that the positive steps that the Government have taken to tackle this form of abuse will be undermined by a lack of understanding on the part of the police and others in the criminal justice system. This can be straightforwardly addressed through access to necessary training, so that criminal justice professionals can identify controlling and coercive behaviour, including economic abuse, effectively build a case for prosecution and make sure that victims are referred to life-saving specialist support. I hope, therefore, that the Government will look sympathetically on these amendments.

I have tabled Amendment 107 as a probing amendment, designed to explore the issue of the use of a victim’s personal data for immigration purposes. Its substance has been promoted consistently and forcefully by the domestic abuse commissioner, and organisations supporting migrant victims of crime. In his letter of 12 January to Peers, the noble and learned Lord, Lord Bellamy, acknowledged the importance of victims and witnesses being free to report crimes without fear, and that it is in the interests of the general public for all crimes to be fully investigated. But then he continued:

“We are, however, also duty bound to maintain an effective immigration system to protect our public services and to save the most vulnerable from exploitation because of their insecure immigration status”.


Can the Minister tell us how this is consistent with the repeated ministerial claim that domestic abuse victims/survivors must be treated as victims first and foremost, regardless of immigration status, given that the argument is, in effect, putting immigration status first—not “safety before status”, in the phrase used by the domestic abuse commissioner?

The reference to safeguarding those most vulnerable to experiencing serious crime because of their insecure immigration status simply does not make sense. As the DAC and all the organisations in the field, notably the Latin American Women’s Rights Service, point out, the absence of a firewall, in the DAC’s words,

“allows dangerous offenders to continue to abuse with impunity; safe in the knowledge that their victims … are too afraid of enforcement action to report to the police”.

The DAC has heard from many migrant victims and survivors that contact from immigration enforcement, particularly following a disclosure to the police or other statutory services, can instil fear and insecurity and prevent them coming forward for support in the future. In fact, recent data has shown that all police forces in England and Wales have referred victims or survivors of abuse to immigration enforcement in the last three years. Victim Support states that this is often the reason why victim-survivors do not seek support sooner.

The DAC’s concerns were echoed in the pre-legislative scrutiny report. This cited evidence from the organisation Imkaan that more than 90% of abused women with insecure immigration status had their abusers use the threat of their removal from the UK to dissuade them from reporting the abuse. It argued that the lack of a firewall denies safety to victims and witnesses and may allow perpetrators to commit further offences. No doubt the Minister will argue that these concerns will be addressed in the forthcoming immigration enforcement migrant victims protocol that the noble and learned Lord, Lord Bellamy, mentioned in his letter. It is disappointing that the protocol has still not been published, despite it originally being promised at the end of last year. According to a recent Written Answer to me, it is now expected in “early 2024”. But, given that the Home Office can be rather vague in its temporal references, can the Minister say what is meant by “early”?

However, as the noble and learned Lord, Lord Bellamy, said in his letter, we know it will put limits on immigration enforcement action against migrant victims. But that is not enough to satisfy the domestic abuse commissioner, who argued that victims would still be open to contact from immigration enforcement, meaning that the fear of any immigration enforcement is not removed, and nor is the risk of potential immigration action once criminal proceedings conclude—which, for the victims and survivors of domestic abuse, can be within days. In view of the DAC’s continued concern, I urge the Minister to look again at this.

Turning to Amendment 80, the domestic abuse commissioner told the Public Bill Committee that one of her main concerns when it comes to genuinely providing services for all is the continued exclusion of migrant survivors, which could, she argued, be

“fixed quite simply by allowing recourse to public funds for domestic abuse survivors”.

According to the briefing from Southall Black Sisters and four other on-the-ground organisations, these women continue to face a stark choice between domestic abuse or deportation and destitution. Many are unable even to enter a women’s refuge, as they cannot pay their rent or living costs, as they are not eligible for housing or other social security benefits. Women and their children are vulnerable to homelessness and exploitation and can be locked in new, dangerous situations or even driven back to abusive relationships.

We tried to address this issue with amendments to the Domestic Abuse Bill, which were resisted by the Government. The current amendment is much more limited so as to remain within scope; the hope was that the Government would look more kindly on it—yet still they resist it, or they did so in the Commons. When it was proposed in Committee there, the Minister responded that victims without recourse to public funds are eligible for support under the terms of the code. However, he acknowledged that the “no recourse” rule affects the ability of victims of domestic abuse with insecure immigration status to access some accommodation-based support services. He went on to pray in aid the pilot established in 2020, as if that negated the need for the amendment, but did not otherwise offer any substantive arguments.

That year—2020—the Government said that they would consider the pilot’s findings once the evaluation was published and develop sustainable options for the future. The independent evaluation funded by the Home Office was published last year, as was an academic evaluation for SBS. The pilot demonstrated the need for support for this group, and the evaluation found that for the most part it performed well in meeting the immediate and emergency needs of victims and survivors. But it also identified problems with, for instance, the level of subsistence payments—a particular issue for those with children, according to the SBS evaluation—and the provision of suitable accommodation within the constraints of a pilot.

With regard to the latter, the report for the Home Office noted:

“Refuges could almost never be covered within the accommodation budget, meaning that some victims/survivors were housed in a patchwork of other provision which might be unclean, unsafe, or unreliable”.


The evaluators made it clear that it was outside their remit to provide policy recommendations but concluded with the

“hope that the insights contained within this report will help to provide the support needed to victims/survivors with NRPF”.

Well, they will be disappointed, because instead of the long-term solutions, together with a clear timetable for implementation, to which the Home Office committed itself in principle back in 2022 following a DAC report, the response to the evaluations was to extend the pilot yet again—this time to 2025.

I asked at Second Reading for an explanation of why the Government have failed to come forward with the long-term solutions originally promised in principle, now that they have the findings from two evaluations. I did not get an answer; nor was there one in the detailed letter from the noble and learned Lord, Lord Bellamy, which simply set out the current position. I would be grateful if the Minister could provide an explanation now.

More fundamentally, could we have a clear explanation as to why the Government are rejecting this very modest amendment? In the Commons, Sarah Champion suggested that it was due to the hostile environment towards people from overseas. I hope that the Minister can assure us that this is not the case. Surely, whatever one thinks of the hostile/compliant environment, it should be irrelevant if policy is to reflect the ministerial mantra cited by the noble Baroness, Lady Williams of Trafford, in a Written Answer that

“anyone who has suffered domestic abuse must be treated as a victim first and foremost, regardless of immigration status”.

That point applies also to Amendment 107 on the firewall. I beg to move.

[Baroness Bertin (Con)]

I rise to say very quickly, because I know that we are trying to get through this, how much I support Amendment 75. To be perfectly honest, I find it deeply depressing that we have had so many debates and so much legislation on this issue and it is still so patchy. We have 43 police forces around this country, and we are still the victims of, or are at the mercy of, the priorities of those forces. We have a strategic policing requirement that includes violence against women and girls and domestic abuse, yet I am not sure that we are seeing it put into action. I wholeheartedly support this proposal, in the hope that the Government take it on board.

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[Earl Howe (Con)]

I will need to write to the noble Baroness—and to other noble Lords, of course—on that point, as I have no advice. I shall come on to Amendment 80 in a moment.

Amendment 75 in the name of the noble Baroness, Lady Brinton, and Amendments 76 and 77, tabled by the noble Baroness, Lady Lister, would require the Government to bring forward regulations to provide for certain persons in the criminal justice system to receive mandatory training in respect of violence against women and girls. My ministerial colleague and noble and learned friend Lord Bellamy has emphasised to me that we are deeply committed to driving improvements to the police and criminal justice response, which we know has too often not been good enough.

In that context, we recognise the importance of police officers and prosecutors having the right skills and knowledge to respond effectively to VAWG crimes. While the police and Crown Prosecution Service are operationally independent of government, we have taken action to help ensure that police officers and prosecutors are equipped to respond in three principal ways—through our tackling VAWG strategy and complementary domestic abuse plan, and the rape review. This includes funding the College of Policing, which is responsible for setting standards on police training, to develop and implement a new module of the specialist domestic abuse matters training for officers investigating these offences. This will enable further improvement in the way that police respond, investigate and evidence this crime. The domestic abuse matters programme has been completed by 34 police forces to date.

Ultimately, as has often been pointed out, this comes down to culture. It is therefore imperative that the right culture is in place. That is why the Government are driving forward work to improve culture, standards and behaviour across policing. That includes implementing recommendations from the Home Office’s police dismissals review to ensure that the system is fair and effective at removing officers not fit to serve. Given the significant work already under way that is expressly designed to strengthen both the police and CPS response to violence against women and girls, I hope the noble Baronesses will feel comfortable not to move these amendments when they are reached.

Turning next to Amendment 80 in the name of the noble Baroness, Lady Thornton, I thank her for raising this issue because it allows me to put on record how victims without resident status who do not have recourse to public funds are entitled to be provided with services in accordance with the victims’ code. The proposed new clause would state that victims of domestic abuse who do not have recourse to public funds can still receive services under the victims’ code.

However, I reassure the Committee, particularly in response to the noble Baroness, Lady Lister, that the code does not contain eligibility requirements linked to immigration status. It explicitly states that victims are entitled to receive services regardless of resident status, which means that victims who have no recourse to public funds are still able to receive support under the code. This includes right 4 in the code, which is the entitlement to be referred to and/or access services that support victims. However, we are aware that, in practice, the recourse to public funds rules in the Immigration and Asylum Act 1999 impact the ability of victims of domestic abuse with insecure immigration status to access some accommodation-based support services.

Victims with no recourse to public funds can access safe accommodation funding and can do so through our destitute domestic violence concession, which has been in place since 2012. It is a quick route to public funds and for those eligible to regularise their immigration status. Furthermore, the statutory guidance for the duty to provide safe accommodation under Part 4 of the Domestic Abuse Act makes it clear that this provision is for all victims of domestic abuse, including migrant victims with insecure immigration status.

We remain of the view that this amendment is not necessary, and I hope that what I have said goes some way to reassuring the noble Baroness of the various ways that the Government are supporting victims regardless of their resident status, especially victims of domestic abuse.

I turn to Amendment 107, tabled by the noble Baroness, Lady Lister, which I recognise covers a very sensitive issue. We remain determined that all victims and witnesses must be free to report offences without fear. However, this must be balanced with the need to maintain an effective immigration system, to protect our public services, and to safeguard the most vulnerable from exploitation because of their insecure immigration status.

It is the role of law enforcement agencies to protect victims, bring offenders to justice, prevent the commissioning of offences and preserve order. For them to discharge these functions, information sharing, very much on a case-by-case basis, must be allowed to take place, having regard to all the circumstances of the case. I say that especially because this information in some instances may help to protect and support victims and witnesses, including identifying whether they are vulnerable, and aiding their understanding of access to services and benefits.

However, we agree that more can be done to make it clearer to migrant victims what data can be shared and for what purpose. That is why we will set out a code of practice on the sharing of domestic abuse victims’ personal data for immigration purposes. This will provide guidance on circumstances when data sharing would or would not be appropriate and will provide transparency around how any data shared will be used. We will consult on this prior to laying the code for parliamentary scrutiny and approval by this spring.

That is not all: the Government are also committed to introducing an immigration enforcement migrant victims protocol for migrant victims of crime, which we aim to launch later this year. The protocol will give greater transparency around how any data will be shared.

Finally, Amendment 105 in the name of the noble Baroness, Lady Fox, seeks to ensure that the Secretary of State for Justice must issue guidance in respect of data collection to ensure that sex registered at birth is recorded for both victims and perpetrators of crime in respect of violence against women and girls. I was very interested to hear the statistics that she quoted on this issue and the arguments that she advanced—and I say the same to my noble friend Lord Blencathra about his powerful speech.

It may be helpful if I set out what the current system provides for as regards data collection. The Home Office collects, processes and analyses a range of national crime and policing data provided by the 43 territorial police forces of England and Wales. These collections form part of the Home Office annual data requirement—ADR. The ADR is a list of all requests for data made to all police forces in England and Wales under the Home Secretary’s statutory powers. The Home Office issued guidance in the ADR in April 2021 that sex should be recorded in its legal sense —what is on either a birth certificate or a gender recognition certificate. Gender identity should also be recorded separately if that differs from this. For consistency, this is based on the classifications used in the 2021 census for England and Wales.

Since implementing this guidance, the UK Statistics Authority has launched its own review on guidance given on the recording of sex, and that is expected to report this year. The Home Office will consider the new guidance in deciding whether or not changes are needed to the recording of the sex of victims and perpetrators dealt with by the police, including whether to move from the existing voluntary basis to a mandatory footing. I suggest that we do not need to amend the Bill to achieve what the noble Baroness seeks, in the light of the action under way to help address this issue. I hope she will feel a little more comforted than she was earlier as a result of what I have been able to say.

[Baroness Lister of Burtersett (Lab)]

My Lords, I gather that I am supposed to speak now, because I moved an amendment to the amendment. I did not realise that I would be responding, so I am sorry if I do not do it terribly competently. I thank the noble Earl for his very full reply, and all noble Lords who have spoken, particularly in support of my amendments. I shall be brief because I am conscious that there is other business waiting.

On training, I agree with the noble Earl on one thing, which is the importance of culture. But culture does not just come out of thin air—and, judging by what the noble Baroness, Lady Brinton, said, there will be a more amalgamated amendment on training coming down the track. She is nodding, so I am afraid we still think we need something in the Bill on that subject, but perhaps something broader than the original amendment.

On no recourse to public funds—this is not surprising, and I do not blame the noble Earl—what we have heard is what the Minister said in the Commons, which I argued against as inadequate. We just had the same again. That is what happens so often. There is an argument in the Commons, we argue why that is not enough, and then we get the same argument again.

I asked some specific questions, which I will not repeat now, but again, perhaps a broader letter could be sent to noble Lords covering the different things that were asked about. On the firewall, again there is the sense that we just go round in circles. When I asked for clarification on the protocol promised for early 2024, the Minister talked about later this year, which sounds rather ominous. It sounds later than early 2024.

So it feels that on both the recourse to public funds—the noble Lord, Lord German, spelled out at great length the saga on this and the history of it—and on the firewall, that we are just waiting for Godot. We just wait and wait and get nowhere. I do not know whether the domestic abuse commissioner is watching, but she will definitely read the debate and will be extremely disappointed, because the Minister may say that legislation is not necessary, but organisations on the ground such as Southall Black Sisters, which has been cited, and the domestic abuse commissioner feel very strongly that legislation is needed. It is disappointing, but I will leave it at that. I beg leave to withdraw my amendment to the amendment.

Amendment 76 (to Amendment 75) withdrawn.

Levelling-up and Regeneration Bill

Baroness Lister of Burtersett Excerpts

Consideration of Commons amendments
Monday 23rd October 2023 Lords Chamber

Finally, I turn to Motion W, on access to banking facilities for communities. We are very clear that closures of bank branches are commercial decisions for banks, and we do not believe that a blanket requirement on the Secretary of State to engage with local authorities to produce strategies to inhibit this would be effective or proportionate. Instead, His Majesty’s Treasury will continue to support the rollout of alternative services, such as banking hubs, which will ensure that communities across the country have access to the facilities they need. On this basis, I hope your Lordships will agree that Amendment 199 in the name of the noble Baroness, Lady Hayman of Ullock, is not needed. I beg to move.

[Baroness Lister of Burtersett (Lab)]

My Lords, I will speak to my Motion B1, under which Amendments 4C and 4D would amend government amendments 4A and 4B in lieu. I am grateful to the Government for going part of the way in meeting the concerns raised in the original amendments, which were supported by your Lordships’ House. The purpose of those amendments was to introduce levelling-up missions to address child poverty and health disparities throughout the life course. The latter was moved by the noble Baroness, Lady Finlay, who is unable to be here today, but we have agreed the amendments that I am proposing. Both amendments received strong support on Report, including from the right reverend Prelate the Bishop of Durham, who regrets that he cannot be in his place today.

I am grateful, too, to the noble Earl the Minister for the helpful meeting we had last week. I am only sorry that the noble Lady Baroness, Lady Scott, is still unable to be with us, and I send her my best wishes. I am, though, disappointed that the Government did not accept the compromise that we proposed—I emphasise that it was a compromise. This compromise no longer pushes for specific missions and it accepts the government amendments in lieu, but would add to them the words

“including child poverty, and health disparities throughout the life course”.

I think they are still necessary—indeed, essential.

In the Commons and today, Ministers have acknowledged that child poverty and health disparities are

“essential factors when deciding missions”.—[Official Report, Commons, 17/10/23; col. 182.]

The Government’s argument against our original amendments is that missions may need to evolve over time, so their details should not appear explicitly in the Bill. But does anyone in government really believe that child poverty and health inequalities will not continue to be essential factors in any levelling-up strategies for the foreseeable future?

Just this weekend, the president of the Royal College of Paediatrics and Child Health emphasised the importance of long-term action on child poverty and health inequalities in the context of the climate emergency. Earlier, the early years healthy development review and the Marmot review into health equity underlined the need for a long-term focus with regard to these issues. This amendment would help ensure such a focus, without introducing the kind of inflexibility that the Government are so frightened of.

Given the time constraints, I will not repeat the arguments we made on Report. Child poverty and health disparities are a terrible blot on our society. Child poverty damages childhood itself and children’s life chances. Health disparities diminish life chances and physical and mental well-being at every point of our lives from before the cradle to the grave. The reference to life expectancy is only one element of health disparities; it is not the whole story by any means. Action on both fronts should be seen as an economic and social investment in the future of our society and as key to any levelling-up missions.

Acceptance of our amendment by the Government would constitute recognition of the importance of child poverty and health disparities throughout the life course and help ensure that, whatever the future levelling-up missions, they take account of these essential factors in levelling up our country and improving the life chances of all its members. Unless the Government are willing, even at the last minute to accept this compromise—and I hope I can persuade the Minister to accept it—I give notice that I wish to test the opinion of the House at the appropriate time.

[Baroness D'Souza (CB)]

My Lords, I too speak to Amendments 4C and 4D in the name of the noble Baroness, Lady Lister. We are essentially discussing four non-contentious words: “throughout the life course”. The Government have gone out of their way to address most of the concerns expressed about the welfare of children, for which everyone is extremely grateful. However, it is puzzling why these four words continue to be resisted. We know that health disparities begin in pregnancy, even before birth, as the noble Baroness said, and continue until advanced old age. Surely any levelling-up Bill has to acknowledge that continuous investment at every stage will result in a healthier and more productive society. The Government argue that this is implicit in the Bill, but why not make it explicit in the Bill? I honestly fail to understand this reluctance on the part of the Government and, should the noble Baroness, Lady Lister, decide to press her Motion to a vote, I will follow her into the Lobby.

--- Later in debate ---

Moved by

[Baroness Lister of Burtersett]

At end “, and do propose Amendment 4C as an amendment to Commons Amendment 4A, and Amendment 4D as an amendment to Commons Amendment 4B—

4C: At end insert “, including child poverty, and health disparities throughout the life course.”

4D: At end insert “, including child poverty, and health disparities throughout the life course.””

[Baroness Lister of Burtersett (Lab)]

I beg to move Motion B1 because I am afraid that I am not satisfied by the Minister’s response. What policy? There is no child poverty policy. The health inequalities White Paper was abandoned. We need to focus on these issues. The Government have said that these are essential elements of levelling up, so I wish to test the opinion of the House.

Economic Update

Baroness Lister of Burtersett Excerpts

Wednesday 19th October 2022 Lords Chamber

[Lord True (Con)]

My noble friend, with his immense experience in the energy sector, has been something of a voice crying in the wilderness on energy policy over decades under different Governments. His point about volatility is critical and is one of the reasons why we must review the nature of support going forward. Obviously, we will need to talk, and are talking, to other energy producers. We have had a very sharp increase. There have been significant fluctuations. We introduced an energy profits levy, an additional 25% tax on the profits of oil and gas companies which, listening to people on the opposite Benches, you would not know had even happened. That is going forward and is not a one-off. It will raise £7 billion this financial year and £10 billion in the next. We are looking to iron out the contracts to help renewable energy industries and there is a package that I hope will come forward before too long.

[Baroness Lister of Burtersett (Lab)]

My Lords, the noble Lord did not answer the very specific question from the most reverend Primate about benefits uprating. On Monday, the Chancellor told MPs that

“all these decisions will be taken through the prism of the impact on the most vulnerable people in society.”—[Official Report, Commons, 17/10/22; col. 429.]

Many of the most vulnerable people in society rely on social security and, as we have already heard, the inflation rate they face is actually higher than the 10% announced today. Given this, is there not a strong case for the Government to announce now that they will uprate benefits in line with inflation to reduce the anxiety being faced by people who are, as we have heard, already struggling to make ends meet?

[Lord True (Con)]

My Lords, it is absolutely true that people across the United Kingdom are worried about the cost of living. I apologise if I did not answer the question from the most reverend Primate; I will answer it now, but it might not be the full answer required. It is not always easy to remember everything that one is asked at the Dispatch Box, so I sincerely apologise to the House. The Government have announced £37,000 million of support for the cost of living this financial year. We have the energy price guarantee and the energy bill relief scheme, which will help millions of households. We are supporting millions of vulnerable households, which will receive £1,200 in one-off support, with additional support for pensioners and those claiming disability benefits, as the noble Baroness knows.

However, obviously the issue of uprating benefits and other aspects of government spending are being considered in totality. The Work and Pensions Secretary is conducting her annual review of benefits and I promise the noble Baroness that more will be said on this in the medium-term fiscal plan.

European Union (Notification of Withdrawal) Bill

Baroness Lister of Burtersett Excerpts

Monday 20th February 2017 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I must admit, the sense of bereavement that I felt on 24 June was not to do with any question mark over our future in the single market or customs union, vital as that future is to the economic well-being and security of our fellow citizens, particularly those who will be increasingly left behind. Rather, the blow was to my identity. While I shall always feel like a European, I shall no longer be able to claim to be a European citizen. Many of the flood of emails I have received asking me to oppose or, at least, help amend the Bill—against just three in support—have expressed similar dismay at the loss of European citizenship. This is felt most acutely by those who have exercised their right to live and work or study in an EU country not of their birth. I believe the voices of the 48% need to be heard as well.

The unilateral provision of permanent residence and indivisible associated rights to EU nationals who are legally resident in the UK has been called for in the alternative White Papers prepared by groups of UK citizens in continental Europe and continental EU citizens in the UK, as well as in virtually every email I have received. To quote Heidi Allen MP, such provision is,

“the moral and right thing to do”.

This is argued also by the European Union Committee, which suggests that the uncertainty around the rights of EU nationals may be fuelling xenophobic sentiment as well as causing untold anxiety.

According to a European Parliament document leaked to the Guardian, permanent residency rights would make it more likely, rather than less, that the same rights would be accorded to UK nationals living elsewhere in the EU. Writing this into the Bill must surely be one of our bottom lines. But Brexit also raises wider important questions about human rights which, according to the Joint Committee on Human Rights, the Government are unable to answer, causing the committee to regret the lack of any clear vision as to how they expect Brexit will impact on the UK’s human rights framework. Of course, assurances that workers’ rights will be protected and even enhanced are welcome, but the EU has been the driver of many other rights, including some social and economic rights in the EU Charter of Fundamental Rights not covered by the separate European Court of Human Rights, which I believe it is essential we remain signed up to.

While no one is suggesting that the so-called great repeal Bill will repeal all those rights, what guarantee is there they will all survive without the underpinning of EU law, especially if we end up with the worst-case scenario of a no deal, deregulated economy? We will no longer benefit from the impetus of advances made at the EU level, such as the current consultation on strengthening parental leave. That point has been made by many, including the Equality and Human Rights Commission, which calls on the Government to commit to taking on board future rights-enhancing laws emanating from the EU where appropriate. Will the Minister clarify the Government’s position on these matters when he winds up?

It is not just a question of laws but, for instance, the emergent European pillar of social rights, designed to strengthen social Europe. It was suggested in a recent meeting in Parliament by a member of the UN Committee on Economic, Social and Cultural Rights that Brexit strengthens the case for ratification of the UN Convention on Economic, Social and Cultural Rights in order to protect social rights—especially important for marginalised groups. Refugees constitute a particularly marginalised and vulnerable group. Will the Minister give a commitment that, post Brexit, the UK will continue to respect and enable the family reunion provisions under the Dublin III regulations?

Talk of human rights may sound rather abstract, but we are talking about, for instance, women’s rights, disabled people’s rights—debated recently in this House—and environmental rights. Serious concerns have been raised by expert bodies about the future protection and enhancement of all these, yet, other than workers’ rights, they are virtually ignored in the White Paper.

The JCHR also raised the question of human rights standards in future trade deals, as has Amnesty, which argues that it is essential that any future trade agreements strictly embed the UN guiding principles on business and human rights. I cannot help but fear that, for all the warm words in the White Paper about protecting respect for human rights and dignity internationally, under a hard Brexit human rights would take low priority in the unseemly haste to strike new trade deals, including with countries with poor human rights records and with a US whose President has legitimised misogyny, racism and xenophobia, is happy to trample on the rights of refugees and immigrants, and condones torture. He has, in any case, made it clear that he will put America first in any trade negotiations, as noted earlier. To avoid such a scenario, it is all the more important that Parliament has a meaningful and effective vote and scrutiny over the Article 50 deal.

I have been struck by the number of those who have written to me expressing shame at what has happened to our country since the referendum. This strengthens my belief, for the reasons I have given and many others—including the three knights’ opinion on the constitutional implications of Article 50—that, to turn around the words of the Brexit Secretary, it is our patriotic duty to return the Bill to the Commons with key democratic and rights safeguards added.

Pensions: Tax Relief

Baroness Lister of Burtersett Excerpts

Tuesday 6th December 2016 Lords Chamber

[Lord Young of Cookham]

The ISA is indeed an acceptable vehicle for savings. It does not have the advantage of the pensions regime, whereby your own contribution is topped up by that of your employer; to that extent, pensions may be a better vehicle for some people than the ISA. Also with pensions, as my noble friend has just said, you get the tax relief up-front, which you do not get with the ISA. The important thing is that there should be a variety of savings vehicles with different advantages and different flexibilities, and people should make an informed decision about which is the right one for them.

[Baroness Lister of Burtersett (Lab)]

My Lords, surely the overwhelming case for a flat-rate approach is a distributional one. Pension tax relief disproportionately benefits the better-off in our society. At a time when the Government are cutting financial support for poorer people and saying, “We have no other choice because we have to save money”, surely they should be looking at this again.

[Lord Young of Cookham]

The Government have consistently reduced the cost of tax relief on pensions by introducing the lifetime allowance, which has now been reduced to £1 million, and the annual allowance, which has been reduced to £40,000. This year we made further savings of up to £4 billion over the lifetime of this Parliament by saying that for those who earn over £150,000 the £40,000 relief is tapered. So we have made substantial savings in the cost of pensions tax relief.

Young People: Mentoring

Baroness Lister of Burtersett Excerpts

Monday 25th April 2016 Lords Chamber

[Baroness Evans of Bowes Park]

As I said, later this year we will launch a new £12 million fund, through which we will look to provide funding to help scale up already proven mentoring programmes, and I am sure that a number of those the noble Baroness mentioned will be included. We are also planning to launch a high-profile campaign to raise awareness of the impact of mentoring among not just young people, but organisations, charities and businesses. We want to ensure that 25,000 young people who are most at risk of dropping out of education or underachieving have access to a mentor.

[Baroness Lister of Burtersett (Lab)]

My Lords, what effect are cuts in youth services having on engaging disengaged young people?

European Council: March 2016

Baroness Lister of Burtersett Excerpts

Monday 21st March 2016 Lords Chamber

[Baroness Stowell of Beeston]

The noble Lord raises a point of detail that I am sure is being properly addressed in the normal processes. If I have anything I can add to that, I will of course write to him.

[Baroness Lister of Burtersett (Lab)]

Will the noble Baroness explain how the agreement will effectively break the smugglers’ business model, when it appears that it will do little to reduce the underlying demand for those smugglers? Would it not be more effective, and more in line with human rights principles, to introduce safe and legal routes, as mentioned by the noble and learned Lord, Lord Wallace of Tankerness, including the expansion of family reunion, which we will be debating shortly? Would such an approach not do more to make the smugglers redundant?

[Baroness Stowell of Beeston]

This scheme is all about making those smugglers redundant. We do not want people to think that the only way for them to leave the camps and find refuge in Europe is to get into a boat and pay money to criminal gangs and put their own lives at risk. We want to ensure that in the neighbouring countries, whether Jordan or Turkey, those camps provide a suitable way of life, albeit not at all what anyone would actually want, temporarily for them until they can go back to their own countries. Ultimately we want to see a thriving Syria. We want Syria to be back up and running in the way that it was before this terrible war and outbreak of terrible atrocities took place. If we encourage everyone to come to Europe, that is not going to work.

Women: Representation

Baroness Lister of Burtersett Excerpts

Tuesday 8th March 2016 Lords Chamber

[Lord Dannatt (CB)]

My Lords—

[Baroness Lister of Burtersett (Lab)]

My Lords—

[Baroness Hussein-Ece (LD)]

My Lords—

--- Later in debate ---

[Baroness Evans of Bowes Park]

I absolutely agree that we want to encourage as many young people to vote as possible. I am afraid that I do not have the figures that the noble Baroness asked for but I will happily attempt to find them for her. But what is also important is not only that people vote but also to make sure that the organisations that they vote for are representative of the general population, which is why it is great news that we have the most gender-diverse Parliament at the moment. But we need to encourage more women to get involved in public life, particularly at local authority level, where only 31% of local councillors are women.

[Baroness Lister of Burtersett]

The suffragette Hannah Mitchell said that women will continue to be held back so long as they operate with one hand tied behind their back—that is, they have the main responsibility for care in the home. What more will the Government do to encourage men—fathers and others in the home—to do more of the caring and to take up paternity leave, which they are not doing at present?

Living Wage

Baroness Lister of Burtersett Excerpts

Monday 9th June 2014 Lords Chamber

[Viscount Younger of Leckie]

My noble friend makes some good points. The only real way of achieving sustainable increases in living standards is through focusing on economic growth, employment and reducing taxes for the low paid, as he said. Christine Lagarde, the managing director of the IMF, said recently that the IMF had,

“underestimated the growth of the UK economy”.

In a significant turnaround, the fund’s latest assessment found that the UK economy had rebounded strongly.

[Baroness Lister of Burtersett (Lab)]

My Lords, welcome as the Minister’s support for decent wages is, wages cannot take account of family size. What steps are the Government therefore taking to restore the cuts in child benefit that they have made in order to protect the living standard of low-paid workers with children without subsidising low-paid employers, in the way mentioned by my noble friend Lord Haskel?

[Viscount Younger of Leckie]

We know that some households, including those with children, are seeing the amount that they spend on food increase but there is much that the Government are doing to resolve this. The Government provide a number of schemes to help the most vulnerable to afford and have access to nutritious foods, such as the Healthy Start scheme and free school meals. However, we also recognise the extremely valuable work of civil society in supporting local communities. There has always been a tradition in this country of voluntary and charity organisations providing support to people, as the noble Baroness will know, in addition to the safety nets that the Government provide.

Public Disorder

Baroness Lister of Burtersett Excerpts

Thursday 11th August 2011 Lords Chamber

[Lord Pearson of Rannoch]

My Lords—

[Baroness Lister of Burtersett]

My Lords—

[Lord McNally]

I wonder whether we could hear from the noble Lord, Lord Pearson.

[Lord Cotter]

My Lords, 30 years ago, I had my small business premises burnt to the ground, under different circumstances, when a fire spread to my small firm. I can relate to this issue. It took me four years of really hard work to recover. I congratulate the Government and the Leader of the House on the announcement of support for small businesses. That is very welcome, very comprehensive and excellent. However, I ask the Leader and the Government to ensure that measures are taken very speedily, with minimum red tape and bureaucracy. I also ask the Government to consider help for those who are struggling, having suffered through the loss of day-to-day turnover, in the intervening period.

[Baroness Lister of Burtersett]

My Lords, I would like to support those who have said that we have a responsibility not simply to condemn but also to try to understand why this has happened. If we do not, we risk alienating further those young people who feel shut out, disfranchised and disrespected by the wider society. If we do not do that, this could happen again. I hope that the Government will not go down the road of dispossessing further the dispossessed by taking away social housing and social benefits. I would like to support my noble friend Lady Royall’s call for an inquiry, over and above the inquiry of the Home Affairs Select Committee in another place. We need an inquiry and I take on board what was said about it coming from communities; we need a special commission of inquiry which will go into communities, involve communities and will look at the underlying social, economic, cultural and political factors.

[Lord Northbourne]

My Lords, prevention is generally considered to be better than cure. A number of organisations and individuals are working successfully with young people who have become disengaged from society and those who are attracted by gangs and the like. Will the Government consider putting together a task force to draw together those organisations that are working successfully with these disadvantaged children in order that they can share their knowledge, and support them and encourage other organisations to do the same work?