All 18 Debates between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth

Wed 14th Jun 2023
Illegal Migration Bill
Lords Chamber

Committee stage: Part 3
Tue 4th Jun 2019
Tue 21st May 2019
Tue 14th May 2019
Mon 1st Apr 2019
Mon 11th Jun 2018
Thu 22nd Mar 2018
Tue 13th Mar 2018
Tue 6th Mar 2018
Wed 24th Jan 2018
Secure Tenancies (Victims of Domestic Abuse) Bill [HL]
Lords Chamber

Committee: 1st sitting (Hansard): House of Lords
Tue 9th Jan 2018
Wed 1st Mar 2017
Wed 21st Dec 2016

Illegal Migration Bill

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth (Con)
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My Lords, I will speak to Amendment 139D in the name of the most revered Primate the Archbishop of Canterbury; the noble Lord, Lord Blunkett, and the noble Baroness, Lady Kennedy of The Shaws, are also signatories.

In passing, I note that it is highly undesirable that Peers have been forced to withdraw from speaking to amendments and giving their views because of the way that things have been organised. I do not lay blame anywhere for that, as I know that the usual channels have tried to accommodate it, but I hope that, when we reach Report, we can have a more reasoned way of dealing with the hours that Members are sitting and the way that we are approaching these things. That would be highly desirable.

I declare my interests as set out in the register. I am strongly of the view that a 10-year strategy is appropriate. I do not quite understand the Minister’s stance of not wanting a long-term strategy. As the most revered Primate set out, we have strategies that are long-term on all sorts of things. We also currently have a strategy for the refugee convention; it has been there for 70 years, and successive Governments have supported it. It seems to me that, rather than have individual approaches by countries around the world on such a global and international issue, it is clearly of interest that we all come together to work on a global and international solution. This problem is not going to go away; it will get much more serious as time goes on, as is clearly the case, with climate change refugees and issues of food security, gender-based violence and so on.

I accept that the Government are doing individual things, but I do not understand why they cannot be developed into a strategy in relation to both trafficking, which we looked at in the last group of amendments, and to the refugee convention, which we are looking at in this group. I anticipate that the Minister will not be any warmer towards this amendment than he was to the last one, but I hope that I stand to be corrected; perhaps I am wrong on that.

It seems to me that on something such as this there is truly an international scenario after 30 years of the refugee convention. Admittedly, the convention has a protocol, but, in essence, it was introduced to deal with the aftermath of World War II and issues related to the Holocaust and so on. We are living in a very different world, and we need a different solution; we need a different strategy to be developed to deal with this issue. I hope that the Minister will see that point, but it seems to me that he has set his face against dealing with something so obvious, and I do not understand why. As I said, I hope I am proved wrong.

We need that international effort. The noble Lord, Lord Coaker, talked about regional solutions as well, which is part of it, but, clearly, the UN would be the most appropriate way of bringing this towards some sort of international order and of dealing with what will be a much more serious problem than we have seen hitherto. It is absolutely right that it has affected the UK—I accept totally that we need to do something about it—but it has not affected us nearly as much as our European neighbours, and certainly not as much as many countries around the world.

The idea that we can deal with this in a piecemeal way, with every single country doing something differently, is for the birds. In fact, where we have had success at all—I accept that we have had some—is in talking to partners, including France. I do not understand why the Government set themselves against dealing with this on a broader front. The Minister shakes his head; if he wants to intervene on me, I am very happy to take an intervention. I hope that he can accept the case for international action being necessary.

We have had differences of opinion during the debates on the Bill—understandably, passions have been running high; it has very often been fractious—but here we have a chance to unite as a House and to say that this is something that can be done in a very constructive way to meet the challenges of the future—and, I hope, to deal with some of the issues that have been dividing the House as we have moved through the debates. Frankly, what we have at the moment is something that appears to be an ad hoc approach to dealing with the issue, of coming up with a conglomeration of different ideas, of throwing paint at a wall Jackson Pollock-like and hoping for the best, rather than developing something with a bit more vision of Michelangelo about it.

I hope that the Minister will respond in a positive way, particularly given the ecumenical way that we have been developing, with two new bishops nominating themselves and my noble friend Lord Deben and the noble Lord, Lord Coaker, wanting to join the Spiritual Benches—which shows the fluid nature of the House. As I say, I hope we will be able to come back on Report with something a bit more constructive than the Minister has given us sight of so far. I know that the Minister’s intentions are good. I am sure that he will be going back to the department to seek to convince the Home Secretary, who I know will be listening carefully, how we can move on these issues.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, I very much welcome this amendment. I should say that this is not a bid to join the Bishops’ Benches and I thank the most reverend Primate for introducing it. I want to make just three points.

The first has been implicit in quite a lot of what has been said by the most reverend Primate and by other noble Lords on the previous amendment. It is that, if we are to have a global, collaborative strategy, it has to be from a different mindset from the one that underpins the Bill, because that mindset would prevent such a global strategy. We have to stop acting as if we are somehow uniquely burdened by this global refugee crisis. The figures have been given showing how other countries are pulling their weight much more than we are. Countries with far fewer resources than we have are doing so, yet with the Bill we act as if somehow the poor UK is under siege from this global crisis. To think globally means thinking differently, and we have to think and act with compassion. Compassion has certainly been lacking in this Bill and in the approach being taken.

My second point, which links with this, is that we have to start using a different language. The point has been made a number of times during our debates: people are not illegal and journeys are not illegal, but they are being turned illegal when they arrive here. Please let us not talk about “illegal routes” or “illegal migrants”. They are coming by irregular routes but they are not illegal. This goes right back to the beginning, when we talked about the language that is often used by some politicians and by the media: the language of invasion, cannibalisation and so forth.

It reminds me that I spoke in an even later debate—I think it was at about 2 am—on Albania. I met a group of young Albanians and have just discovered the notes I made from that meeting. I could not find them anywhere, and now I have. They talked about how disturbing they found the way that they were talked about in the media. In one newspaper—I leave the Committee to guess which—they were called “vermin”. I wrote down what they said: they felt violated, unsafe, scared, despised and unwanted. It is dreadful that young people feel that because of the way that we talk about them, so we have to change our language when we talk about the future migration strategy. The research of HOPE not hate suggests that every time politicians or the media talk negatively, it leads to a spike in far-right activity against migrants. Again, that is no basis for building a strategy.

Thirdly and perhaps more positively—this goes back to something that the right reverend Prelate the Bishop of Durham said earlier—if we are going to develop a strategy, and I hope that we will, we will have to involve refugees themselves in its development. We need the expertise of their experience of what it is like to flee countries and start a new life elsewhere. We have to base our strategy on that understanding, and it involves what the right reverend Prelate referred to earlier as “co-production”. It is not good enough for politicians to sit in their offices and come up with a strategy, then talk to politicians in another country and say, “Right, here’s our strategy”. We need to work from the very start with those people who are experiencing this. That is simply all I want to say.

I wish we could have had this debate at a better time. I am very sorry I was not able to be part of the debate that the most reverend Primate instigated in December, but I have read it and know that there were some inspiring speeches and lots of ideas that could go into the strategy. As I said in my earlier intervention, this is not requiring the Government to do X, Y and Z so that the next Government have to do X, Y and Z; it is simply saying that there has to be a strategic framework, and then Governments work within that. It does not matter what the complexion of the Government is. I certainly hope that my party in government would want to develop a strategic approach towards refugees and, as I say, one that works with refugees in building that.

Council Funding

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Tuesday 4th June 2019

(4 years, 9 months ago)

Lords Chamber
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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I did not have the privilege of watching the programme to which the noble Baroness refers, but I have indicated the challenge we face on social care. She will acknowledge, I am sure, that £10 billion for the three-year period ending in 2020 has made a significant difference, but challenges still exist. I am sure she will also acknowledge that we have increased children’s social care spending beyond what it was in 2009. I am the first to agree that there are challenges, but I cannot comment specifically on Somerset as I did not see the programme.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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Despite what the Minister has said, the IFS report says that cuts have been larger in more deprived areas than in more affluent areas. These are areas where local welfare assistance schemes to replace the national Social Fund are most needed, yet this ultimate safety net is being shredded and the Government say they have no responsibility. Will they now take responsibility, ensure that local authorities have a duty to provide such schemes, provide the funds for them to do so and ring-fence those funds?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, that was a pantechnicon of questions; any that I miss I will endeavour to cover in a separate letter to the noble Baroness. I am sure she would be the first to acknowledge that the IFS report is very balanced. There are certainly areas where it raises the issue of additional funding, including the possibility of local income tax. I am not sure of the noble Baroness’s position on that; my own, and that of my party, is that we do not think it would be a good idea. There are challenges on funding. Some will be met, I am sure, by increased spending via the comprehensive spending review; some can be met by innovation in delivery on which the IFS has commented favourably in the past; and some will no doubt by met by the direct funding which I have referred to such as the Stronger Towns Fund, the Future High Streets Fund and so on.

Homelessness

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Tuesday 21st May 2019

(4 years, 10 months ago)

Lords Chamber
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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, as I indicated in one of my previous answers, there is very much a link between homelessness and mental health. I am pleased that as a general provision we are looking much more seriously at mental health. We marked Mental Health Week recently. This pervades all government policy, and certainly pervades housing spending. The noble Lord will know because he serves on the rough sleeping advisory panel—I thank him for that—that we are keen to address this issue. We have referenced this with various charities, local authorities and metro mayors—Andy Street and Andy Burnham serve on that panel—to try to get advice on some of these issues.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, I note the Minister’s acknowledgment of the link between homelessness and benefits. Evidence of the ways in which the Government’s social security policy undermines their homelessness strategy is growing. Most recently, a group of organisations including the Local Government Association, Crisis and the Chartered Institute of Housing called on the Government to restore the local housing allowance rate to at least the 30th percentile of the local rental market as a matter of urgency, because it is too low to cover private rents in most parts of the country. Will he convey that message to his colleagues in the Treasury and DWP?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I regularly do so. There is spending in this area, some targeted at assistance, and that is having some success. I accept what the noble Baroness says about this area of spending, and no doubt the Chancellor will look at it in the spending review as we come out of austerity, because it is money well spent.

Domestic Abuse

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Tuesday 14th May 2019

(4 years, 10 months ago)

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I thank my noble friend for that point. I very much agree that we must ensure that the aggressor—the controller, the person perpetrating the domestic abuse—is appropriately excluded from the home if that is what the domestic abuse victim wants, as it often is. We have sought through guidance to take care of that issue in advance of this Statement. It will often be appropriate for the domestic abuse victim to stay in the home. It is not always appropriate for them to go to a refuge; that is often not what they want.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, I welcome this Statement, which is good news, and the Prime Minister’s pledge—already cited by my noble friend—that:

“Whoever you are, wherever you live and whatever the abuse you face, you will have access to the services you need to be safe”.


Can the Minister give an assurance that this means that no domestic abuse survivor will be denied help because of the rule about making no recourse to public funds, which is of such concern to organisations in the sector? The implication of the consultation document is that they will still be denied access to the services they need, in contravention of the Istanbul convention—which, as we heard earlier, we are finally going to ratify.

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I first thank the noble Baroness. I know she has done a tremendous amount of work in this area; indeed, we have worked together on some aspects of domestic abuse coverage and on ensuring that it is dealt with. I agree with her that the important point about this consultation on the action we propose to take is that any victim of domestic abuse—this will often include children, who, of course, are victims too—will be covered by this. This is the essence of what we seek to do, so I give her that assurance and encourage professionals and others to look at all the cases—there are many complex cases that will need taking care of in the statutory provisions—so that when we look at the consultation over the summer we will know that every area has been covered.

--- Later in debate ---
Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I thank the noble Lord for what he does in an important area of activity and an important area geographically. He is right that we need continuing oversight to make sure that we continue to deliver. It is anticipated that the local partnership boards, which will be responsible for delivering the statutory duty locally, will make annual reports and be held to account. As one would expect, accountability is a key part of the consultation. It runs through the consultation document that accountability is extremely important. To do this effectively we must ensure that it is working not only locally but nationally. Another key feature, without going through it in detail, is the need to work across local authority borders. Consideration will be given to the devolved areas—this issue is essentially devolved in Scotland and Wales—to make sure that we are joined up at the borders. However, effectively, there is no border, so we need to make sure that we have effective provision in those areas as well,

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett
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My Lords, perhaps I may have another go. The noble Baroness, Lady Burt, asked about ring-fencing and I do not think the Minister answered. Yesterday the Secretary of State said:

“I remain open-minded about how we look at this as the consultation develops”.—[Official Report, Commons, 13/5/19; col. 41.]


From my quick read of the consultation document, I cannot see any question about ring-fencing. If I am right, can the Minister assure us that the Government will consult on whether this money should be ring-fenced? I do not expect an answer now. However, if the money is not ring-fenced, hard-pressed authorities will inevitably be tempted to use the money in other underresourced areas.

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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The noble Baroness is right that the Secretary of State, in answering questions in the other place, indicated that he is open-minded on this issue. Obviously, we will seek to understand what people want. From memory, I think question 29 in the consultation would perhaps allow something on that but the noble Baroness is probably right that there is nothing specific on this issue and it will be a matter for the spending review. It is an important consideration but I come back to the fact that there is a statutory duty and, to deliver it, the money will have to be spent. However, we are open-minded and we have certainly not ruled it out.

Homelessness: Local Authority Spending

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Thursday 2nd May 2019

(4 years, 11 months ago)

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, the noble Lord refers to a particular area where there is certainly a problem: social care. We await the social care Green Paper, which will helpfully inform us in this particular area. He will acknowledge—as will many other noble Lords across the Chamber—that this year, for the first time in a long while, there has been an increase in local government core spending. It is welcome, and I hope it will continue as austerity comes to an end.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, what progress have the Government made in their assessment of the impact of social security cuts and restrictions on levels of homelessness and rough sleeping?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, as always, the noble Baroness raises a very valid point. It is important to look at the link between different government departments and different areas of activities. This is a complex area. It is not just about spending; there are issues of addiction as well. I will write to the noble Baroness on that particular point, and copy it to the Library.

Rough Sleeping

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Monday 1st April 2019

(4 years, 12 months ago)

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, the noble Lord referred to the statistics and said that there were 4,677 rough sleepers in 2018, but he did not go on to say that that was a fall since 2017, when there had been 4,751. The trend is in a downwards direction, which the noble Lord omitted to say. Also, he cited Tower Hamlets, which is of course receiving money as a rough sleeping initiative area, which he will be pleased to know. That money will have a continuing impact as we see those figures coming down. He is right that more needs to be done, but we are investing more money. We have just announced another 53 areas that are benefiting from the rapid rehousing pathways money, which is part of the initiative. We are looking at a review of the Vagrancy Act. I can offer the noble Lord comfort on that point.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, a few months ago the Secretary of State for HCLG acknowledged that there might be a link between rough sleeping and so-called welfare reform. He said that we,

“need to ask ourselves some very hard questions”.

What steps are the Government therefore taking to investigate and act on the links between social security cuts and rough sleeping, identified by both research and organisations on the ground?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I know that the noble Baroness has done much work in this area. Indeed, we have done some work in a related area. I know she will be pleased about the money being invested, particularly regarding women rough sleepers, which is part of this area. There are many different aspect to this; it is across the board. Obviously in MHCLG we are focusing on money specifically for the housing aspects, but she is right that we need to look at a broader front, and we are doing so.

Specialist Domestic Abuse Services

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Monday 4th March 2019

(5 years ago)

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I pay tribute to the noble Baroness and her interest in this area, which I know is considerable. On specialist services, she will be aware that Women’s Aid has said that a good job is being done, but that is not to say that more could not be done. Ensuring that we fund adequate bed space is an issue. She will be aware that we are reviewing how that is provided to ensure a balance between accommodation-based services and provision for those who may wish to stay at home, of whom there are some.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, the briefing I have been given suggests that the situation is rather less positive. It states that services of particular national importance such as those for BME women or disabled women have felt the impact of funding cuts most acutely. Given that, as my noble friend has asked, what will the Government do to ensure that these services, which are absolutely vital to the welcome domestic abuse strategy, are adequately and sustainably funded?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I pay tribute again to the noble Baroness, who I know has long taken an interest in this area; indeed, she has helped with legislation recently. She cites disabled victims of domestic abuse, and money is going in to provide a helpline. However, she is absolutely right—we need to ensure that adequate resources are provided. As the noble Baroness, Lady Healy, indicated, a broad range of government departments are involved and hopefully, we can bring all that together during the passage of the Bill to ensure adequate focus and, indeed, adequate resources.

Citizenship and Civic Engagement (Select Committee Report)

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Monday 19th November 2018

(5 years, 4 months ago)

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Lord Bourne of Aberystwyth Portrait The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)
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My Lords, I thank everybody who has participated in a debate of exceptional quality, touching on some very important issues. I echo what has been said about the excellent work of what is clearly a turbocharged committee, so well led by my noble friend Lord Hodgson. I thank others for their thanks around the House: it was clearly an exemplary committee in the work that has been done. I also offer my thanks, in opening, for the massive amount of work that has been done by the noble Lord, Lord Blunkett, on the National Citizen Service: he is coming to the end of a very distinguished tenure there. I also offer congratulations to the noble Lord, Lord McNicol, on taking up work at the National Citizen Service Trust, the successor body.

It struck me, listening to the debate, that one of the problems—for the large part understated—that we have in this area, a problem that has bedevilled successive Governments, is the silo thinking that we have in government departments. This contributes to a sense that there is no obvious responsibility for the conglomeration of policy areas that this involves. I note the recommendation made by the committee, a recommendation that has been picked up and is being acted on by the safe and integrated communities committee, which will take up responsibility in this area—indeed, it has just done so at its most recent meeting. I hope that that will help with some of the very serious issues that have been touched upon in this debate.

In preparing for this debate, because of what I just said about silo areas, I prepared a lot of varied areas and I will set out four or five of them that I think dominated the debate. They are values, citizenship education, citizenship itself and the fees that attach to it, and English language teaching. Other points were made along the way but I think that those were the dominant ones and I will try to deal with them. In so far as I miss any points relating to those four areas, or anything else that was brought up—for example, the noble Lord, Lord Hylton, raised the issue of honours, and I will try to cover that as I go along—I will pick them up later, if I may.

The issue of values is obviously fundamental to the matter of citizenship of our country. Let me say, in parenthesis, that there was perhaps a misconception on the part of some noble Lords: we have not yet issued our response to the Green Paper on integration. The integration action plan will come out before Christmas. Obviously, some matters that were raised in the course of this debate will be dealt with there, not least on the subject of values. I remember when the most reverend Primate the Archbishop of Canterbury, in a debate that he led some two years ago, used the term “British values”—I do not think he necessarily used the word “fundamental”, I cannot remember that. Those British values could be classified as core values or international values and they encompass a whole range of different aspects, I readily accept.

The noble Lord, Lord Judd, in talking about Gareth Southgate, mentioned an emotional intelligence that is relevant here. The noble and right reverend Lord, Lord Harries of Pentregarth, talked about international values. The noble Lord, Lord Russell of Liverpool, in what I thought was an extremely helpful contribution, talked about the independence of the judiciary. I could not agree with him more about how fundamental that is as part of the separation of powers in this country. A country that does not have a free judiciary—we can all think of some—ceases to operate as an effective democracy in the way that Britain does. In those haunting words:

“The whisper wakes, the shudder plays/Across the reeds at Runnymede”

whenever the independence of that judiciary is challenged.

Other people raised other aspects. My noble friend Lady Stowell talked about the importance of individuals, as did the noble Baroness, Lady Royall, who said that it was not just about setting public policy. The noble Lord, Lord Greaves, talked about civic duty and the neighbourhood planning policy as an example of that. I agree. The noble Baroness, Lady Lister, talked about the outward-looking importance of this area. My noble friend Lady Eaton talked about integration rather than assimilation. All these things are relevant and I wholly accept that the use of language is key. That will be reflected in our action plan when it comes out before Christmas.

The second aspect of the debate was the importance of citizenship education and the citizen service—the two melding together to some extent. I wholly agree. I think a country that neglects the importance of citizenship is in grave danger. I particularly appreciated the points made by two very distinguished former Education Secretaries—the noble Lord, Lord Blunkett, and the noble Baroness, Lady Morris—which went to the core of this. The noble Lord, Lord Wallace, talked about the National Citizen Service as a backdrop to how important it is that everybody has that sense of belonging. I forget who it was—I think it was the noble Lord, Lord McNicol—who mentioned that important sense of belonging as a nation. I think it goes to the heart of that.

Much is happening in the National Citizen Service to illustrate the importance of this. On Armistice Day—the commemoration of 100 years since the end of the First World War, just a week ago—it was great to see the 100 National Citizen Service graduates who were there as volunteers. There is no better example of how effective this is as part of our cohesion as a society. Last year, a significant number of volunteers went overseas to mark the centenary of the Third Battle of Ypres.

My noble friend Lord Norton asked some specific, detailed—and fair—questions about citizenship education, which I will write to him about. It was perhaps the noble Lord, Lord Alton—it might not have been—who said that no man is an island, in his very moving speech, and how important that is. My noble friend Lady Eaton talked about civics being taught at school. I do not think I was actually taught civics but it was much the same thing. I remember as a nerdy teenager memorising all the Labour Ministers—in and out of the Cabinet—and the Conservative shadows, which enabled me to be part of the winning team at the Braintree Carnival quiz. It is funny how these things stick. I seem to remember that Tom Urwin was one of those Ministers—that has been corroborated by my noble friend Lord Young. That is a small example but it illustrates how cohesive communities are around this shared interest in citizenship.

Much is happening. Just recently the King’s Leadership Academy in Warrington has done significant things on citizenship education. But I accept that it all needs to be pulled together. That is what we need to look at and perhaps what this committee should turn its attention to now that it has this responsibility.

The noble Baroness, Lady Royall, talked about the importance of moving this forward. In two days’ time, my honourable friend Victoria Atkins, the Equalities Minister, will launch a resource pack in relation to citizenship on the suffrage movement as part of national curriculum key stages 3 and 4. As I say, things are happening, but perhaps they need to be pulled together.

The issue of citizenship fees was brought up. I will have to write to people about the specifics on where there are exemptions. There certainly are some; I know that some exemptions arose recently in relation to the Windrush issues, to see where payments have to be made and where they do not. I merely say that a balance has to be struck. I think it is reasonable enough to cover costs, and it may be that these could be calculated in different ways, but I take seriously some of the points raised in the debate. If people could bear with me, I will follow those up because it seems that there is an issue to be addressed there.

Perhaps I may move to the fourth substantive area: English language tuition. I am visiting an ESOL class tomorrow in Tower Hamlets. It is a coincidence, believe me; this has been long in the diary. Those I have seen elsewhere—in Bradford, Peterborough, Whitechapel and Westminster, at least—have been uniformly excellent. There was some criticism of them, perhaps a blanket criticism from the noble Lord, Lord Greaves, who was uncharacteristically somewhat unfair. We are at pains to make sure that we are getting the best value for money. It is done without fear or favour between public and private providers. Those that we use, and we use many from both areas, are extremely good. I am sure that the noble Lord would agree that getting the best value for money is the right way. I have worked on this with, for example, the noble Lord, Lord Knight of Weymouth, who has some expertise in this area. Points were raised about the importance of this by my noble friend Lady Eaton and the noble Lords, Lord Hodgson and Lord Alton. The noble Lord, Lord Judd, again made a powerful contribution on that matter.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett
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A number of noble Lords made the point that one of our key recommendations was that the Government should restore the level of funding for ESOL to its original level, otherwise it is just warm words. Can the Minister perhaps address that recommendation?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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That is not the only pot used in relation to English-language funding. In my own department, for example, as part of the integration policy we are putting in substantial sums in relation to the teaching of the English language and working with the Department for Education. If I may, I will write to the noble Baroness with more detail but I simply say that it is not just about the one pot. It is about working together to ensure that we get the best value for money.

I turn to the point made by the noble Lord, Lord Hylton, about honours for volunteering. I think he was tying that to some reduction in the fee for further or higher education. His essential point was that volunteers would get credits which they could then use for some abatement of fees, or something of that nature. On the surface, it seems a very constructive suggestion which I would like to look at. At the moment, as he would know, we reward—if reward is the right word—or honour people through the “Points of Light” programme for outstanding volunteering, which has an award every day. However, I appreciate his point in tying that to education and I will come back to him on that, if I may.

The noble Lord, Lord Beecham, raised a point about the voting age. He will perhaps know from the nature of the committee’s recommendation that the view he holds is not universal. But certainly some people hold it and, regardless of where the voting age should be, I think we would all agree that it is desirable to encourage democratic participation even before people are voting. A fair point was made there.

I think those were the main points. I fully accept that there are some issues to be looked at. As I say, this is work in progress so I would not want people to think that the Government regard it as a done deal. I am certainly not complacent. I fully accept that there is much work to be done—a substantial amount.

Grenfell Tower

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Monday 11th June 2018

(5 years, 9 months ago)

Lords Chamber
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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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I thank the noble Lord very much indeed for that and shall seek to deal with the points that he has raised. On remediation, I do not disagree with him on the importance of ensuring that any appropriate measures take account of the need for proper insulation and ensuring that we meet our climate change targets, and so on—but the most important thing here is the target of ensuring that people are safe. That is the remediation that we are talking about. That work in relation to the public sector has started on two-thirds of buildings. In relation to the other third, interim measures will be in place; for example, 24/7 security workers will be there to ensure that fire wardens are there.

I shall seek to cover the point on the timescale in a letter, if I may, with some more detail that the noble Lord asked for. One reason why the work might not have started on one-third of the buildings is that it may displace tenants—so full account must be taken of that. Suffice it to say, appropriate interim measures will be agreed with fire and rescue authorities in relation to those that have not had work started on them yet.

The noble Lord asked for a debate on the social housing Green Paper, and I hope that we can accommodate that. Of course, there are means available to the Liberal Democrats and others, too, and I am sure that somehow we will make sure that there is proper consideration of this important Green Paper. One reason for the delay to which the noble Lord refers is that we were very keen to talk to people, through Grenfell United and others in the community, to learn about particular points that they may feel needed addressing in relation to the social sector—points that have been made in relation to dealing with complaints, and so on, that arise. That is one reason that it was felt appropriate to take that into account in working through the Green Paper.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, I welcome the Statement and, in particular, its acknowledgement of the anger felt by many in the area and many survivors. It says that it is,

“essential that people living in buildings like Grenfell Tower are not only safe but they feel the state understands their lives and works for them”.

I do not know whether the Minister read the Observer yesterday—just to add to his reading list—but there were some very moving interviews in it, including with a survivor called Mouna El-Ogbani. One of the things she said really jumped out at me. She talked about,

“how we were treated by the government, as if we are nothing .… It’s just box-ticking for them. They don’t look at us as humans, only as numbers”.

That suggests that the people of Grenfell do not feel that the state understands their lives and still do not feel that the state is really working for them. I welcome what the Minister said about talking to people around Grenfell about the forthcoming Green Paper, but what will the Government do now to ensure that both Grenfell survivors and social tenants generally feel that the state understands their lives and works for them?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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I thank the noble Baroness for some very valid points and for her general welcoming of the Statement, which refers to the anger felt by the community—an anger that we can all understand—and the fact that people feel that the state is not on their side. This is something that we must seek to put right and it is one element of the social housing Green Paper on which we can all come together and discuss how it is taken forward. I did not have the privilege of reading the Observer yesterday. The Sunday Times also had some very good articles on the Grenfell situation and on ensuring, as the noble Baroness said, that people feel that they are humans, not numbers. Whenever I have spoken to anybody from the Grenfell community, that message comes across loud and clear. I have seen the hours and hard work that people from all parts of the community have been putting in—not least civil servants—and the anguish that it has been causing them. I hope that that helps to convince people that we really do care about the people of Grenfell. The important thing is that we carry this forward and that nothing like this ever happens again, and I know that the House is united on that.

Grenfell Tower

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Thursday 22nd March 2018

(6 years ago)

Lords Chamber
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Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, I welcome the emphasis in the Statement on the need for the council to listen more to the community. However, two weeks ago I attended a meeting in Parliament with Grenfell survivors and the UN special rapporteur on housing, and the primary message that I took away was that survivors still do not feel that they are being listened to—they do not feel that their voices are being heard. What will the Government do to ensure that survivors really are listened to and to ensure that they feel they are being listened to and that their voices genuinely are being heard?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I thank the noble Baroness, Lady Lister, very much indeed, and I would be interested in talking to her further about that meeting. I know that Leilani Farha, the UN rapporteur, visited—we were, I think, unaware that she was coming and I do not think that she contacted the department or the Government. That said, in relation to the noble Baroness’s question, the Grenfell survivors Minister, Nick Hurd, certainly meets frequently with members of Grenfell United and with Grenfell survivors and bereaved. We are engaged in meeting the community. Civil servants from the department are still there on a permanent basis and are engaged in finding out what people’s needs are. As was indicated in the Statement, with the wide support of political parties here and in the other place, the welfare of the bereaved, the survivors and the community is central to the Government’s philosophy and policy.

Secure Tenancies (Victims of Domestic Abuse) Bill [HL]

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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That the Bill do now pass.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, as someone who has been heavily involved in this Bill, I should like to say a few words of thanks. I thank the Bill team and the members of the noble Lord’s private office, who have been unfailingly helpful throughout the process. I suspect that they will not be too unhappy not to be seeing my emails in their inboxes any more.

I thank noble Lords around the House who have been so supportive, particularly my noble friend Lord Kennedy, but also the noble Baroness, Lady Hamwee, and the noble Lord, Lord Shipley. I thank too the noble Baroness, Lady Evans of Bowes Park, whose assurances during the passage of the Housing and Planning Act eventually led to this Bill. She probably had a hand in this Bill seeing the light of day. Last but not least, I thank the Minister and, at the risk of torpedoing his ministerial career, emphasise how he has been a model of an open and engaged Minister committed to making this Bill the best that it can be.

I give the final word to Women’s Aid, which has been briefing us so well at every stage of the Bill. Straight after Report, Women’s Aid emailed me to thank noble Lords for the amendments made then, saying that these had really improved the Bill and ensured that this legislation can work effectively for survivors whose housing security is at risk from an abusive relationship. Thank you. I hope that we can maintain as constructive a relationship when it comes to debating the forthcoming domestic abuse Bill.

Secure Tenancies (Victims of Domestic Abuse) Bill [HL]

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Lord Bourne of Aberystwyth Portrait The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)
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My Lords, before I speak to the amendments in my name, and with the permission of the House, I will say a few words about a number of issues which arose during debates in Committee, and which I undertook to speak to again on Report.

During the debate, I said that I would like to come back on Report and say something in relation to housing associations. I appreciate that noble Lords desire to see parity for tenants of local authorities and housing associations, but it is important to be clear that the organisations are very different. They are subject to different drivers and challenges. Local authorities are public sector organisations, and in future they will generally be required by law to give fixed-term tenancies. Housing associations, on the other hand, are private, not-for-profit bodies and will continue to have the freedom to offer lifetime tenancies where they think them appropriate. The vast majority of housing associations are charities whose charitable objectives require the organisation to put tenants at the heart of everything that they do. Their purpose is to provide and manage homes for people in housing need.

Many associations take their responsibilities for people fleeing domestic violence very seriously. For example, two leading housing associations, Peabody and Gentoo, have set up the Domestic Abuse Housing Alliance together with Standing Together Against Domestic Violence, a UK charity bringing communities together to end domestic abuse. Their mission is to improve the housing sector’s response to domestic abuse through the introduction and adoption of an established set of standards and an accreditation process.

Housing associations play a critical role in delivering the homes that we need. They can help provide a home for people fleeing domestic abuse only if they have the homes to put them in. This means ensuring they remain in the private sector able to borrow funding free of public sector spending guidelines. Unnecessary control risks reversing the ONS classification of housing associations as private sector organisations.

On the issue of doctors’ fees, which I know the noble Lord, Lord Kennedy, will also return to later, the noble Lord raised the issue of letters of evidence of domestic abuse. In my response I said that as data subjects, which we all are under the Data Protection Act, individuals can lawfully ask to be provided with their medical records without charge, thus obviating the need for a letter altogether. As I said at the time, I had not had very long to look at the issue and would like to take the opportunity to clarify the statement.

It is true that, as a data subject, an individual can ask to be provided with a copy of their medical records. From 25 May this year, when the General Data Protection Regulation becomes directly applicable, a data subject—that is, an individual—cannot be charged a fee except where a request is manifestly unfounded or excessive, or where requests are made for further copies of the same information, in which case the fee must be reasonable and based on the administrative cost of providing the information. Therefore, the law as it will stand when this Bill comes into force will allow a victim to make a request for their records and not to be charged. However, the law on data protection as it stands at present allows an administrative charge to be made. Currently, the Subject Access Code of Practice states that a GP may charge a maximum fee of up to £10 if the information is held electronically, or up to £50 if it is held either wholly or partly in non-electronic form.

I thank the House for letting me put the record straight on this point. I think many of us feel that it is a very germane issue. I am sure that many GPs do not charge for this service—I should imagine that very few do. However, as a result of the exchange that we had and the general feeling that was evident, after looking at the issue I raised the matter with the Department of Health and Social Care in relation to a review of the doctors’ contract, because this issue is part of the doctors’ contract and I can understand that it would not want to look at this on its own. Successive Governments have looked at doctors’ contracts and obviously grouped issues together, but I know that the department will look at this. I have raised it with the department. The House will want to know that the process of looking at representations about the doctors’ contract commences in April this year, as I understand it, so the department will be able to take that issue on board very shortly.

During both Second Reading and Committee, we discussed co-operation between England and the devolved Administrations where victims of domestic abuse need to move from one country to another within the United Kingdom. I said that I intended to raise this at the next meeting of the devolved Administrations round table, which is to be held in Cardiff on 19 April. I can tell the House that I have written to my opposite numbers in the devolved Administrations to ask that this issue is put on the agenda for the April meeting in Cardiff. In particular, I have let them know that I would like to explore whether we could develop a joint concordat or memorandum of understanding between the four countries of the United Kingdom on our approach to social housing and cases of domestic abuse. I will be very happy to report back on that issue after the meeting on 19 April.

The next issue that I undertook to look at during Report was in relation to training. During Committee, noble Lords discussed training of local authority officials who will be responsible for the exercise of the duties contained in the Bill. I accepted the points raised by the noble Baronesses, Lady Lister and Lady Hamwee, and the noble Lord, Lord Shipley, regarding the need for consistency in training to ensure that victims of abuse get the support they need from front-line staff, which I shared with officials responsible for the homelessness code of guidance consultation. I also set out the numerous ways in which the Government are supporting local authorities to train their front-line staff to ensure consistency, including the funding we provided to the National Practitioner Support Service for domestic abuse awareness training in 2016, which resulted in the training of 232 front-line housing staff across nine English regions and the production of an online toolkit, and to the National Homelessness Advice Service—the NHAS—to provide training, which included courses covering domestic abuse and homelessness. This NHAS training is being updated to reflect the Homelessness Reduction Act, and we will ensure that the revised material draws attention to the strengthened guidance on domestic abuse contained in the new code of guidance.

I add that we have since published the updated statutory homeless guidance on 22 February. In case noble Lords are unaware of that, I will circulate it to noble Lords who participated in the debate and will place a copy in the Library. This will come into force at the same time as the Homelessness Reduction Act comes into force, on 3 April this year, so within a month. The guidance provides extensive advice to help local authorities handle cases that involve domestic abuse, including having appropriate policies and training in place to identify and respond to domestic abuse.

Amendments 1 to 4 are in my name and in the names of the noble Baronesses, Lady Lister and Lady Hamwee; I am grateful for the support. The Bill provides that local authority landlords must grant a lifetime tenancy if they decide to rehouse an existing lifetime tenant who needs to move because of domestic abuse or who has fled to escape domestic abuse. It delivers on the commitment made during the passage of the Housing and Planning Act 2016 to ensure that, where lifetime tenants move to escape domestic abuse, they will retain their security of tenure in their new social home. Where victims are still in their property and apply to move, they will also be covered by the Bill. However, we recognise that, where a victim has fled the property, she—it will generally be she, although it need not be—will be more vulnerable, first, because there may be situations in which she may be considered to have lost her security of tenure and, secondly, because she may have lost her lifetime tenancy altogether before she is rehoused.

To give examples of this, in the first case, where the victim has a sole tenancy the local authority may consider that the tenancy is no longer secure on the basis that, having fled, she no longer occupies the property as her sole and principal home and has no intention to return. In the second case, where the victim has a joint tenancy, the joint tenant who remains in the property may have brought the joint tenancy to an end, for example, because he—it will usually be he, although it need not be—can no longer cover the rent. This is likely to be most problematic for victims who spend a lengthy period elsewhere—for example, in a refuge or temporary accommodation—before they are rehoused, or where victims move to another local authority area.

As currently drafted, the Bill would not apply in these situations. That struck me as wrong. As I said previously, the Government’s aim in bringing forward the Bill is to remove an impediment that could prevent a victim leaving their abusive situation. However, it is not right that someone who takes the difficult decision to flee their home should by so doing risk losing the protection afforded by the Bill.

Amendment 1 will address this issue by extending the Bill to those who were previously lifetime tenants, as well as those who currently are lifetime tenants. Amendment 2 removes the requirement for the tenant to have applied to move, which is no longer necessary, consequent to Amendment 1, which recognises that the tenant may have left the previous tenancy some time ago.

Amendments 3 and 4 align the existing provisions in the Bill, which relate to victims moving to a new home, with the new provisions in Amendments 5, 7 and 8, which the noble Baroness, Lady Lister, has tabled, and which relate to victims who remain in their home. This will ensure a consistent approach across the piece.

Amendment 3 makes clear that the domestic abuse must have been perpetrated by another person. This is included to prevent a perpetrator seeking to profit from the provisions in the Bill by asking for a new tenancy on the basis that someone in their household was abused by them. It is necessary to provide a link between the abuse and the granting of the new tenancy to avoid local authorities having to grant a lifetime tenancy with regard to historic domestic abuse that has no relevance to the current housing circumstances.

Amendment 4 brings the wording of the existing provision in line with that of the new provision to be introduced by Amendments 5, 7 and 8. This will ensure consistency across the Bill while retaining the necessary link between the new tenancy and the abuse. We think that this will make it easier for those who have to interpret the legislation—local authorities, victims of domestic abuse and their advisers. I hope that noble Lords will welcome these changes. I beg to move.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, I am very pleased to be able to support these amendments. I shall speak briefly to Amendment 4 but will say a bit more about it when we come to the next group of amendments. The key issue here is to remove the notion of risk. Talking to Women’s Aid, it is clear that, in practice, having to prove risk creates unnecessary hurdles, and I can do no better than quote what it says in the briefing that it has provided for us:

“Women’s Aid has reported widely on the issues with a ‘risk-based’ approach to domestic abuse; static risk assessments fail to capture the changing risk and harm in these cases, and a risk based approach fails to provide appropriate support or meet the needs of victims assessed as ‘low’ or ‘medium’ risk”.


It makes the point that it places an even greater premium on good specialised training to be able to adequately assess risk in these circumstances. Therefore, I am delighted that the Minister was willing to make that change. As well as creating equivalence with the next amendment, I think that it improves the Bill overall.

Secure Tenancies (Victims of Domestic Abuse) Bill [HL]

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Lord Bourne of Aberystwyth Portrait The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)
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My Lords, I thank the noble Baroness, Lady Lister, very much indeed for bringing forward this amendment and for her positive engagement on this issue. I also thank the noble Lords, Lord Shipley and Lord Kennedy, and my noble friend Lady Manzoor who spoke in support of the amendment. I absolutely understand and support the intention of Amendments 1 and 3 to extend the Bill to offer protection not just to tenants seeking to escape domestic abuse but to those who remain in their existing home after the perpetrator has left. That issue was discussed at Second Reading. I absolutely support that intention.

Amendment 1 seeks to extend the Bill so that it applies where a local authority grants a further tenancy to a lifetime tenant in the same home. I listened carefully to the debate at Second Reading and I have found this further discussion in Committee very useful. Granting a further “sole” lifetime tenancy to survivors of domestic abuse who remain in their current home would go further than the original purpose of the Bill, which was to ensure that lifetime tenants were protected where they had to leave their home. However, I recognise that there is a strong, indeed overwhelming, case for ensuring that lifetime tenants who have suffered domestic abuse—I absolutely accept that usually these victims are women—and remain in their home are given the same level of protection as those who have been forced to leave. That is logical and sensible. It would safeguard against the perpetrator bringing the joint tenancy to an end—either tenant may terminate a joint tenancy by serving a notice to quit—or returning to the property. The noble Baroness, Lady Lister, made a very forceful point in that regard. It would also be in line with the Government’s wider policy of ensuring that victims of abuse and their families are provided with the stability and security that they need and deserve.

As I said at Second Reading, protecting victims of domestic abuse is a priority for the Prime Minister and the Government. However, while I am sympathetic to the intention behind these amendments, I do not think that they would work in practice as they presume that a local authority would be able to grant a secure tenancy where the tenant has an assured housing association tenancy—that is, in a property which the local authority does not own. This is because a “qualifying tenancy” in the Bill includes both secure local authority and assured housing association tenancies. This point is relatively technical but nevertheless important in terms of the amendment.

In addition, the link to removing the risk of further abuse is maintained. This may not be the most appropriate test where the victim remains in the home and the perpetrator has moved out. However, I am able to give an absolute undertaking that we will bring forward an amendment—or amendments, if necessary—on Report that will meet the intention behind these amendments and ensure that, where local authorities offer a new tenancy to a lifetime tenant in their own home, this must be a further lifetime tenancy where the tenant is a victim of domestic abuse.

I am very happy to work with the noble Baroness and other noble Lords to achieve what we clearly all want in this regard. I hope that the commitment I am giving to extend the Bill to include tenants who remain in their homes will give noble Lords and the noble Baroness the reassurance they seek. As I say, I will be very happy to work with noble Lords in this regard. On that basis, I hope that the noble Baroness will withdraw her amendment.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett
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I am very grateful to all noble Lords who have spoken in support of the amendment. In particular, I am extremely grateful to the Minister. I am very happy with his reassurance. As I said, I am neither a housing expert nor a lawyer, so I will certainly not argue about technicalities. The Minister has given a very firm commitment, which is exactly what I was hoping for. Therefore, I beg leave to withdraw the amendment.

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Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett
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I support this amendment. Towards the end of Second Reading I questioned the Minister about this issue during his summing up. He responded:

“The intention is for the legislation to cover that”.—[Official Report, 9/1/18; col. 161.]


Later on he said that,

“it is central to the legislation that we want to cover the Luton-to-Leicester situation”,

that I had referred to. I invite the Minister to say something rather more definitive now, because “intention” and “want” seem to me, as a non-lawyer, perhaps not to give quite the reassurance that somebody in this situation might look for in the legislation. Therefore, if it is necessary to spell it out more explicitly in the legislation, perhaps the Minister could give a commitment to come back on that on Report, or, at the very least, if the legislation covers it now, he could make a more explicit statement at this stage.

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I thank noble Lords who have participated in the debate on Amendment 2. I will try to deal with the various points that have, understandably, been raised on this. The amendment aims to ensure that the requirement to offer a lifetime tenancy would apply where the victim of domestic abuse applies to be rehoused in another local authority district.

Before I come on to that specific issue, I will deal with the housing association point that was made. I agree with the summary of where we are at the moment that was provided by the noble Lord, Lord Shipley, and I take the point he made about the gap. My noble friend Lord Porter also addressed this issue and asked me—kindly exaggerating my powers and talking them up—to come up with a form of words on housing associations. We covered this point to some extent at Second Reading, when I said that housing associations are of course now bodies that we cannot give directions to without compromising the position of being off balance sheet and that therefore the legislation has been designed with that very much in mind. That said, of course the Government are totally sympathetic to that position. If I may, I would like to come back on Report and say something in relation to this issue, but I do not want to hold out the hope of being able to do anything other than possibly indicating what we think is a morally defensible position.

I move on to the very specific and fair point made by the noble Baroness, Lady Lister, in relation to the legislation. My background is as a lawyer and I think I can say without fear of contradiction that this drafting provides for moving from, for example, Luton to Leicester. That is very much the intention and the reality of this legislation. We recognise that in many, although not all, cases that is exactly what somebody will seek to do—they will not want to remain in their local authority area because of the nature of the domestic abuse and the possibility of the perpetrator being in that area, there being difficult memories and so on. Therefore, this proposed provision is totally unnecessary —I will not say ineffective—because that is what the legislation provides for. I want to nail that down and, on that basis, I ask the noble Lord, Lord Kennedy, to withdraw his amendment.

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
- Hansard - - - Excerpts

I thank the noble Baroness, Lady Lister, and other noble Lords who have participated in the debate on this amendment, which relates to evidence and training. I understand what has motivated the amendment. I will deal with where we are at the moment and then what I propose to do in relation to it.

Local authorities are used to making decisions when people apply for social housing that require them to identify whether the applicant has been a victim of domestic abuse. While the Bill includes important protections for victims, it does not require local authorities to make decisions relating to domestic abuse which may be qualitatively different from those they already make. We have ensured that the definition of domestic abuse in the Bill is on very similar lines to the definition in the Homelessness Reduction Act 2017. This should help to ensure a consistent approach by local authorities. I appreciate that this is not the main point that has been made on consistency, but there is an issue here that it is important to address.

As the noble Baroness set out, the current 2014 statutory homelessness guidance recognises that local authorities may wish to seek information from a range of sources, including friends and relatives, social services and the police, but it also recognises that corroborative evidence of actual or threatened violence may not be available. That is a point that the noble Lord, Lord Elystan-Morgan, made—I was going to call him my noble friend; he is my friend, but not my noble friend—that corroborative evidence will often not be available, for example, because there were no adult witnesses and maybe because the applicant was too frightened or ashamed to report incidents to family, friends or the police. These are issues that I recognise do exist.

As the noble Baroness again pointed out, we have had a consultation on an updated homelessness code of guidance. It finished on 11 December last year. It will cover the Homelessness Reduction Act duties, integrate separate documents published since 2006, and update and streamline guidance on existing law. The consultative draft provides extensive advice to help local authorities handle cases that involve domestic abuse, including on what sort of corroborative evidence might be appropriate. This final code of guidance will be published in spring this year. I will of course ensure that noble Lords who participated in the debate receive a copy of it as it is made available.

In addition, I was very grateful to the noble Baroness, Lady Lister, for drawing my attention and that of the House to the domestic violence gateway for legal aid during Second Reading and for forwarding me a document prepared by Women’s Aid on evidence requirements regarding victims of domestic abuse, which I consider very helpful. In addition to the consultation and the evidence brought forward on the responses to it, I am ensuring that we consider the documents supplied by Women’s Aid with the other responses. I will be taking a close personal interest in the development of the code, as will the Minister in the Commons, my honourable friend Heather Wheeler, who is responsible for policy in this area.

The consultative draft of the homelessness code of guidance also advises local authorities about the need to have appropriate policies and training in place to identify and respond to domestic abuse. It advises that specialist training for staff and managers on domestic abuse will help them to provide a more sensitive response and to identify, with applicants, housing options that are safe and appropriate to their needs. In addition, the Government already provide funding to the National Homelessness Advisory Service to provide training on homelessness. This includes training specifically on domestic abuse.

We have provided funding to the National Practitioner Support Service to provide domestic abuse awareness training for front-line housing staff in local authorities in 2016, resulting in the training of 232 front-line housing staff across nine English regions. I recognise the point made, inter alia, by the noble Lord, Lord Shipley, about the need for consistency in ensuring that we have a national approach. I will ensure that that is fed in to the consultation.

In addition, a number of local authorities used funding from our 2016-18 £20 million fund for specialist accommodation-based support and service reform to meet the priorities for domestic abuse services to provide training programmes for their front-line staff. Much of the training is collaborative.

I do not believe that it is necessary to issue formal guidance to local authorities to support them to implement the Bill, but, as I have said, I accept the point about the need for consistency in training and will want to see that reflected in the guidance. It would not be helpful for local housing authorities to have different pieces of guidance on domestic abuse; we need to bring them together, as we are doing in this case.

With the undertaking to ensure that the Women’s Aid document is considered in relation to the guidance—I will also ensure that our debate in Committee is available as a further document in relation to the guidance— I respectfully ask the noble Baroness to withdraw the amendment. Although very good points have been made in relation to it, I remind noble Lords that this legislation has a laser-like focus on specific issues. Nevertheless, the department finds input on this very valuable and I will ensure that it is carried forward in relation to development of the code.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett
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I thank all noble Lords who have spoken and made helpful points to amplify the case that I put forward. I am grateful also to the Minister for engaging with the points made, as is his wont. I do not think that anyone is saying that there should be two separate sets of guidance—obviously, it makes sense to put them together—but what we are saying is that the existing guidance does not go far enough. It would need to go further anyway, but this Bill has helped point to that fact.

I am pleased that the Minister will look at what Women’s Aid has submitted. It would be helpful if at some stage officials could sit down with members of Women’s Aid to talk through some of the issues, because you can get a lot more out of face-to-face conversations than from something simply in writing. Perhaps the Minister might like to respond on that.

Given that later this year—no one quite knows when—we will see not just a domestic violence Bill but policy around it, thought might be given to how central government monitors the effectiveness of the current domestic violence legislation in relation to housing to make sure that the evidence requirements and the training are going well. At present, there seems to be a big gap between the theory of what local authorities are supposed to be doing and the practice. All of us want to see that gap narrowed. We should not have to rely on Women’s Aid, which has very few resources and probably fewer in future, to do that kind of monitoring. Although the Minister cannot obviously give a commitment, he might at least say that that would be considered.

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I am certainly very happy to meet with Women’s Aid, as I have in the past, and other organisations such as Refuge, Imkaan and so on. It is an open agenda, and this could well be on the agenda. Officials would as a matter of course be at the meeting as well.

Secure Tenancies (Victims of Domestic Abuse) Bill [HL]

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
2nd reading (Hansard): House of Lords
Tuesday 9th January 2018

(6 years, 2 months ago)

Lords Chamber
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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I thank all noble Lords who have participated in what has been an excellent debate across a range of issues connected with domestic abuse, sometimes going quite a bit further than the targeted and specific Bill before us. However, I will try to do justice to the contributions that have been made. Where I do not do so, either through lack of time, or more likely through lack of knowledge, I will make sure that those points are covered in correspondence to noble Lords and place a copy in the Library.

As many noble Lords have said, the evil and scourge of domestic abuse has come to the fore only relatively recently in the graphic terms it has. I am sure that in all quarters of the House, and indeed throughout the country, this issue is now very high on people’s agendas. As noble Lords have noted, most graphically the noble Lord, Lord Lipsey, the Prime Minister is very much wedded to ensuring that action is taken in this area to tackle what, as I say, is a real scourge. That point was also made by my noble friends Lady Hodgson and Lady Bertin, by the right reverend Prelate the Bishop of Gloucester in a powerful contribution, and indeed by the noble Baroness, Lady Lister. If this is what she can do on a day trip, imagine what she could do on a longer-term posting. I am not sure that the Labour Party will have the sense to ensure that that happens, but there we are. It has been a very good day’s work, if that is what it is—in all honesty, I think it has been more than that.

I also pay tribute to all the domestic abuse services throughout the country. I have seen some excellent examples of what has been done by local authorities over the last year to 18 months in Liverpool, Newcastle, Norwich, Fenland, Hampshire, London and elsewhere. I also pay tribute, as others have, to the work of some of our partner bodies: Refuge, Women’s Aid and many others that have worked incredibly hard on this area.

I thank noble Lords for their support for this targeted Bill. I repeat that it is very targeted—laser-like, almost. It is something I would like to see us bank. That is not to say that the other issues are not important, but to get this on to the statute book we have to keep it tight. That said, questions have been raised about the particular issue the noble Baroness, Lady Lister, raised on termination of a joint tenancy and somebody staying in the property. That is something I would like to have a look at, as I have indicated to her. Perhaps she and I, together with officials, could look to see a way forward there. I undertake to do just that.

Let me try to deal with some of the questions raised. For those that I am unable to deal with I will ensure that full responses go to noble Lords, who I am sure will appreciate that some of the questions are well beyond the department’s brief and certainly well beyond my knowledge, but I will make sure that full responses come forward.

I will deal first with the regulations. The noble Baronesses, Lady Lister and Lady Hamwee, in particular raised this, but many others touched on it as well, such as the noble Lord, Lord Shipley. As I said, we are working on those regulations. I will certainly cover in a letter to noble Lords exactly where we have got to on them. When the Housing and Planning Act went through I think we discussed one particular situation where people downsize. That is certainly something that we would want to cover. I will make sure that noble Lords are updated on that ahead of Committee.

I was also asked by various noble Lords about evidential requirements. I am always grateful for noble Lords exaggerating my powers, but I do not think I am in a position to pontificate on precise evidential requirements that come forward relating to establishing domestic abuse. This is something that local authorities have to identify. I will certainly cover this again in a letter, but the legislation deliberately does not go into this because those decisions are currently being made, as far as the department can see, very effectively. Obviously practice will vary from area to area, but this is a matter that is dealt with at present.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett
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I am sorry to interrupt the noble Lord. I do not think anyone is suggesting that it should be put in the legislation but, given that there has been a consultation on guidance to local authorities, which someone said has just ended, would it not be appropriate for that guidance to include guidance to local authorities about how to implement this Bill and the evidence they should be looking for? I think that is what noble Lords were saying.

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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I am grateful to the noble Baroness. As I said, this is something local authorities are doing already. They have to make decisions about identification of domestic abuse at present without this legislation. I am saying that the legislation is not altering the position. I will happily cover that in the letter, if I may.

There was a question regarding training for local authorities. Training goes on at the moment. The new code of guidance on homelessness will advise local authorities about the need to have appropriate policies and training in place. We provide funding to the National Homelessness Advice Service to provide training, which is taken up by many—probably most—local authorities. For example, we provided funding to the National Practitioner Support Service for domestic abuse awareness training for front-line housing staff in 2016. That trained 232 front-line housing staff across nine English regions. In addition, a number of local authorities used funding from our £20 million fund for specialist accommodation-based support and service reform to meet the priorities for domestic abuse services to provide training programmes. So training is going on at the moment. Again, I will expand on that in the letter that I will ensure goes to noble Lords.

Broader questions were raised, many of which I can understand and empathise with. The noble Lord, Lord Porter, said that I would have been disappointed if he did not raise the issue of supply. I am not sure that “disappointed” is the mot juste, but he is right that I would have been surprised. Clearly, there is an issue of supply, so perhaps I would have been disappointed; we cannot be complacent about the supply of housing across the piece, and we need to look at that.

Other noble Lords, including my noble friends Lord Farmer, Lady Manzoor and Lady Hodgson, raised broader questions about the need to ensure that this agenda is carried forward however hard pressed the legislative programme is. I certainly agree with that and give the undertaking that the Government will do so, because it is absolutely at the forefront of our thinking.

The noble Baroness, Lady Burt, raised some pertinent questions, some of which were picked up by the noble Lord, Lord Campbell-Savours. The noble Lord, Lord Shipley, is right that there is power in present legislation for perpetrators of domestic abuse to be forced out of the premises in question. I will endeavour to find out how that is being used, because, as noble Lords indicated, there is clearly a question about how effective it is. I will see what statistics we have and ensure that whatever evidence we have comes round before Committee stage. It is a valid point: we are tending here, understandably, to focus on the victim, but we want not to advantage the perpetrator of the domestic abuse. Often—perhaps not as often as one would like—there will be criminal proceedings and the perpetrator will end up in prison, but there is not any guarantee of that. As we know, some domestic abuse is more insidious; it is not always direct, physical violence, so I accept that there are issues of evidence and proof. I will see what I can find on that, because it is important to look at this issue further.

Grenfell Tower and Building Safety

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Monday 18th December 2017

(6 years, 3 months ago)

Lords Chamber
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Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, there was an emphasis in the Statement on the involvement of Grenfell residents in future decision-making. As the noble Lord, Lord Stunell, pointed out, part of the problem lies in the fact that the residents were not listened to in the past when they raised concerns about problems with the building. I was at the memorial meeting here last week, where I got the sense that many felt they were still not being listened to by local officials. Thinking about lessons for the future, what are the Government going to do to ensure that residents of social housing are listened to?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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I thank the noble Baroness, Lady Lister, for her question and for her attendance at the meeting. It was a very moving meeting indeed. As she said, there were understandably some raw feelings about the way residents had been dealt with. Looking to the future, in the aftermath of the Grenfell tragedy we have established there a victim support unit. Ministers are there on a regular basis—to be fair, so is the royal borough. We have responded very positively by ensuring the NHS is there to look to the health needs, not least the mental health needs, of the people there. On her wider point about ensuring that lessons are learned, they will be learned. We are looking to the future for a Green Paper on the social housing sector. We can expect some of these points on the obvious questions raised by the Grenfell tragedy to be taken up in it and some of the answers we have learned.

Immigration

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Wednesday 1st March 2017

(7 years ago)

Lords Chamber
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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, the noble Lord makes a very important point about our universities, which I think are the best in the world, independently of America. Many people in them are undoubtedly from overseas, including many students.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, the Minister rightly pointed to the contribution made by immigrants to the health service, but a growing proportion of households have someone needing care at home. A report today from the TUC suggested that 7% of social care workers are from other EEA countries, with others from outside the EU as well. What effect would it have on informal care in the home if immigration were significantly reduced?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, the noble Baroness makes a very valuable point about the care sector, a large number of the employees of which undoubtedly come from overseas—not just the European communities. The Government are well aware of this and it will inform our immigration policy. We recognise that we need significant numbers of the brightest and best people with particular skills for our public services and elsewhere.

Homelessness

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Wednesday 21st December 2016

(7 years, 3 months ago)

Lords Chamber
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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, the number of children living in temporary accommodation, which the noble Lord referred to, is indeed a challenge, although it is down from its peak in 2006. I have no doubt that, following our announcement of extra money in relation to homelessness, the noble Lord will want to welcome the Prime Minister’s announcement this morning in Southwark of tailored support for housing throughout the country, with 225 local authorities due to receive help.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, given that all the housing charities cite housing benefit cuts as a key factor in this alarming level of homelessness, what steps will the Government take to ensure that low-income people, in and out of work, are able to pay their rent?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, the noble Baroness is right about the serious challenge that we face. Key to this, of course, is building more, and she will know that we are committed to that, with 400,000 affordable homes and a target of a million new homes in this Parliament. That is part of it, but I acknowledge the importance of working with charitable partners, which we are committed to doing and are doing, as I saw yesterday on a visit to Chelmsford.

Immigration Bill

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth
Tuesday 1st April 2014

(9 years, 12 months ago)

Lords Chamber
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Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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My Lords, I speak very briefly in support of this amendment so that my noble friend Lord Judd is not on his own on these Benches in supporting it. The noble Lord, Lord Roberts, likened detention to hell, but it is probably more like purgatory because people are in limbo. The noble Lord, Lord Ramsbotham, referred to the mental health problems faced by people. Is it surprising that there are very serious mental health problems when people do not know how long they will be there? Just from common decency and humanity, I hope we will be able to support this amendment.

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth (Con)
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My Lords, nobody could be against the spirit in which this amendment was moved so persuasively and reasonably by my noble friend Lady Williams of Crosby, but I have one or two points to make. The Minister may wish to deal with them in summing up.

First, in relation to the European Union, there is probably a very good reason why the United Kingdom and the Republic of Ireland are the two countries which have not signed up to the return directive. That is because of our common law tradition. As the noble and learned Lord, Lord Lloyd of Berwick, very reasonably said, indefinite detention is unlawful, which is the position at the moment. People are able to apply for habeas corpus; to make, admittedly subject to the law, applications for bail; and are able to use judicial review. That is one reason at least why we appear to be out of line with other European Union countries on this point.