International Women’s Day

Baroness Massey of Darwen Excerpts

Thursday 1st March 2012 Lords Chamber

[Baroness Massey of Darwen]

My Lords, sisters and brothers, I am most grateful to the noble Baroness, Lady Verma, for introducing this debate. It is always an inspiring and important occasion, and I apologise that I shortly have to leave the Chamber for about an hour to attend a lunch. I am so sorry about that.

The focus today is on economic development and achievement. It is interesting that even the Gentleman’s Magazine in 1739 stated:

“If women were trained up to business from their early years, tis highly probable they would in general be more industrious, and get more money than men”.

We may reflect on that today.

I want to explore two principles. The first is that whatever women achieve is part of a history of building on achievement, whether it be in economics and finance, medicine, the arts, sport, politics or the law. What one generation does has an impact on the next and subsequent generations. We, today, men and women, are no exceptions. This is one reason why these debates are so important.

My second principle is that women need support to achieve, particularly in areas such as industry and commerce. Men, of course, also need support but women have had more battles. They often need organisation and advocacy for their efforts. This brings me to my main focus for today, which is how the principles of support and historical example are illustrated by the brave efforts of the suffragette movement. It is appropriate that now in the Royal Gallery we have an exhibition of historic documents relating to the suffrage movement. It is a tribute to our parliamentary archivist Mari Takayanagi and to Melanie Unwin from the works of art office that we have had these documents recognised by UNESCO as being of national importance. On Tuesday, they organised a suffragette walk through Parliament. One of the most moving sights for me was the windows in St Stephen’s Hall illustrating the history of suffrage, including portrayals of chains, force-feeding, and the “cat and mouse” Act.

The suffragette movement was born out of a good deal of frustration. The first petition to Parliament asking for the vote for women was presented in 1832, yet full equal rights to the vote, as we know, were achieved only in 1928. This is part of the principle of building support from one generation to the next, and for not giving up. It is possible that women today would not be here without that battle for the vote. The principle of support is also evident, not just from women; some men were also fundamentally involved in the effort to secure the vote. Some men, and probably even some women, were, of course, antagonistic—but strength and persistence won. We have a good example of persistence in Elizabeth Garrett Anderson—the daughter of one of 12 children of a pawnbroker, the first woman doctor in England and the first female mayor.

In a display case in the Royal Gallery is a poignant reminder of these struggles. It is the actual banner unfurled in October 1908 from the Ladies’ Gallery in the House of Commons. The protest took place behind a heavy metal grille, behind which women had to sit. The banner begins by stating:

“Whereas the Nation depends for its progress and existence upon the work and services of women as well as men”,

and goes on to emphasise the need for mutual protection of all citizens, and protection of the interests of working women and women in the home. Already, concerns beyond the achievement of voting rights are evident. Christabel Pankhurst stated that women wanted the vote for more than its symbolic value; it was about recognition of human equality. She concluded:

“When we have done that, then we will help the men to solve the problems of the 20th century”.

She was also aware of the need to be ambassadors of freedom for women in other parts of the world.

Women having the vote helped in many ways. Campaigning had proved successful, and organisations involved in winning the vote now turned to other issues of equality, such as employment. Male MPs now had women in their constituencies to whom they had to listen, and there were a few women MPs. Acts were passed allowing women to enter professions from which they had been barred. From 1919, women could become barristers and solicitors, accountants, vets and senior civil servants. There were also Acts which equalised inheritance rights, gave equal guardianship of infants rights to men and women, reformed marriage and divorce law, reformed the legitimacy and adoption law, raised the age of consent for marriage to 16 and introduced pensions for widows and orphans. Before 1918, little such legislation was considered.

Does the noble Baroness, Lady Verma, agree that without a women’s movement, exemplified by the suffragettes, women today would have less self-esteem, less confidence in their ability to reform, less trust in support and advocacy and less power to change situations, including economic and financial matters? I believe that most people now recognise the need for women’s talents, insight and persistence. Sylvia Pankhurst was indeed right about the need to recognise our human equality in order to solve problems.

Protection of Freedoms Bill

Baroness Massey of Darwen Excerpts

Wednesday 15th February 2012 Lords Chamber

[The Archbishop of York]

My Lords—

[Baroness Massey of Darwen]

My Lords—

[Earl Attlee]

My Lords, it is traditional to allow the Bishops to go first.

[The Archbishop of York]

My Lords, I most warmly support the amendment and welcome the tripartite negotiations announced by the Minister. I hope that speed will be of the essence and that we shall be informed of the outcome before Third Reading. I hope that he will not simply say, “Further negotiations are going on. We hope to make some practical arrangements”. I hope that the noble Lord, Lord McColl, will not let go of the matter and will keep an eagle eye on the negotiations.

The objective of the Bill—the protection of freedoms —is deficient unless, as the noble Baroness, Lady Royall, said, it protects the freedoms and interests of the most vulnerable members of society. It is hard to think of a more vulnerable group than children who have been trafficked. It is bad enough imagining the distress of an adult who arrives in a foreign country alone and oppressed and has to contend with traffickers, the immigration authorities and the police. How much more traumatic and inhibiting it must be for a child to face the same challenge.

In this situation, children need to be supported and represented so that their best interests are safeguarded. The issue at stake is whether we rest content with minimal provision, as required by the EU directive, or whether we seek an effective and properly resourced system of advocacy. I for one would go for the latter: a better system of advocacy for the children. I do not find the phrase “legal advocate” difficult. “Guardian” would be quite difficult to understand, but I can see what a “legal advocate” might do. However, other people may think differently.

Our recent performance in losing 32 per cent of trafficked children in local authority care between 2007 and 2010 suggests that we need to raise our game. How can so many be lost? It is too huge a loss. We should seek a better way, as outlined in the UNICEF definition of the role of a guardian and the standards set out in the various international instruments.

The amendment offers us that better way. The provisions of the Children Act 1989 are good as far as they go, but they do not meet the special requirements of children who have been trafficked. The noble Lord’s amendment sets out the duties of a legal advocate with admirable clarity and provides for suitably qualified and trained people to fill that role. It has the advantage, by drawing on employees of statutory organisations or volunteers with specialist NGOs, of keeping extra costs down.

I am grateful, too, for Amendment 57A, because there was a fear, generated in the margins of your Lordships’ House, that Amendment 57 would provide an incentive for opportunistic and misguided parents to traffick their own children in order to gain entry into the United Kingdom. There was that fear and the new amendment deals with that. Again, I do not know on what evidence that fear rested, but for me it would still be wrong to fail to provide support for genuine child victims simply out of fear that unscrupulous parents might take advantage of the provision.

To return to Amendment 57A, I am personally not convinced of the Government's argument that the status quo is good enough. I do not think that it is. The noble Lord, Lord McColl, and his supporters have given us an opportunity to remedy a serious gap in our provision for victims of trafficking, particularly children. I thank him for that and urge that we seize the opportunity with both hands. I am grateful for the consultation that will take place. I hope that the Minister will assure us that he will not kick it into the long grass.

[Baroness Massey of Darwen]

My Lords, I, too, support the amendment so comprehensively and competently set out by the noble Lord, Lord McColl, the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Hamwee.

I do not want to put the Minister in an embarrassing position. I know that he supports issues on trafficking because he has responded very sympathetically to previous debates. I agree that the Children's Commissioner is a good person to handle this, but I would like to be assured that there will be specific terms of reference, with possible extra resourcing. The commissioner must be able to draw on the expertise of organisations such Barnardo’s, UNICEF, and CARE that have done so much research on this issue. The most reverend Primate the Archbishop of York mentioned the long grass in his closing remarks. I always fear long grass when we have reviews and I would not want this to go into the long grass in any respect.

Your Lordships' House has debated and been concerned about the trafficking of children for many years. Indeed, there have been relevant debates quite recently, including the Private Member's Bill of the noble Lord, Lord McColl, and the debate of the noble and right reverend Lord, Lord Eames. The Minister responded sympathetically. I also recognise that much has been done by the local safeguarding boards, NGOs and the police in response to accommodation support, safety and employment needs. But I want to dwell for a moment, and I shall be brief, on the appalling state that trafficked young people find themselves in and why they need such support.

I declare an interest as a patron of the University of Bedfordshire child protection unit. In that capacity, I have met many young people who have been trafficked and who can and do set out their problems passionately. The concerns are well documented in the ECPAT booklet called Safeguarding Children: Top Ten Questions on Child Trafficking. One of the key issues that has been pointed out by other organisations such as CARE, Barnardo’s and UNICEF, is that children who are trafficked are,

“already vulnerable because of poverty, lack of education, few job opportunities or the loss of family support”.

I will return to that because it is a key issue. These children are likely to go missing, although I understand the figure has improved. They are certainly vulnerable to abuse and subject to abuse very regularly. Most have language and communication difficulties.

Of course they need support and advocacy as they are in a system that is too complex for them to understand. The UN Committee on the Rights of the Child recommends the prompt appointment of a guardian for unaccompanied children and says succinctly what such a person should do. Such a person should be consulted and informed about actions relevant to the child, have the authority to represent the child when plans or decisions are made, have expertise in childcare so as to protect the best interests of the child, act as a link between specialist agencies or individuals and provide continuity of care.

Human Trafficking (Further Provisions and Support for Victims) Bill [HL]

Baroness Massey of Darwen Excerpts

Friday 25th November 2011 Lords Chamber

[Baroness Massey of Darwen]

My Lords, I am most grateful to the noble Lord, Lord McColl, for introducing this Bill on human trafficking. He does a great service to this House and to Parliament. This is an all-party and cross-departmental issue. It is, as the right reverend Prelate said, an issue for our common humanity.

I am delighted that my guest appearance on the Front Bench is concerned with trafficking. It is an issue with which I have been associated, particularly in relation to children. It is an honour to be in this Chamber today following so many distinguished speeches full of compassion and concern about this horrifying issue. I know that the noble and learned Baroness, Lady Butler-Sloss, works tirelessly and organises meetings about trafficking. I appreciate her attempts to raise awareness of these issues, as I appreciate the efforts of the noble Lord, Lord McColl. Other noble Lords are also committed to improving the situation both nationally and internationally, as expressed by the noble Baronesses, Lady Doocey and Lady Young, and the noble Lord, Lord Bew.

This is a very serious issue. We have been presented with a wide-ranging Bill. I hope that the House will allow me, like other noble Lords, to dwell somewhat on the issue as it affects children. Children would have been the subject of my speech from the Back Benches, and now that I am on the Front Bench, I still want to dwell somewhat on children. Child trafficking is perhaps the most appalling aspect of trafficking. I want to touch briefly on the issues of safe accommodation, advocacy and employment.

I agree with the noble Baroness, Lady Berridge, about a national rapporteur and compensation, but she has covered that. I am of course pleased that the Government have made progress on trafficking. They have signed the EU directive on preventing and combating human trafficking, and they have produced a strategy. Indeed, the strategy has useful sections on identification and care, acting at the border, co-ordination of law enforcement efforts and child victims. However, as the noble Lord, Lord Sheikh, said, it needs an extra focus.

The Bill asks questions and plugs gaps. The noble Lord, Lord McColl of Dulwich, has already eloquently described the Bill, so I will simply touch on a few questions and areas of concern. I want to speak briefly about my experience of meeting young women and some young men, which illustrates the problems expressed by the Bill. One young woman I met was sold into a gang of traffickers in Nigeria. She was locked up in a room in London with others and was hidden away with no contact with the outside world except with men who came for sex—sometimes up to a dozen or more a day. She finally escaped and attracted the attention of a neighbour who went to the police. The girl was allocated to the support programme at the University of Bedfordshire. Others have also been saved by the police and other charities, including Barnardo’s and Stop the Traffik. Young men and boys involved with cannabis farms have been mentioned. It is simply outrageous that they may be given custodial sentences whereas the bosses get off. Last year a CEOP report found that children were being arrested and imprisoned for cannabis cultivation.

Prevention of trafficking is absolutely key. I hope that the Government will look into prevention measures very vigorously. Identification of children who are trafficked may be very difficult. They may be terrified and simply not know what to do or where to get help. This, of course, applies also to adults who are trafficked. The first 24 to 48 hours after identification of being trafficked are important as the child may still be under threat or coercion. This is particularly important as they are often groomed to mistrust police and social workers. They must have immediate access to legal aid and counselling. Children are often not told that they are entitled to legal aid. The Bill would address this. Trafficking cases are very complex and require expert legal advice and representation. This relates back to the Legal Aid, Sentencing and Punishment of Offenders Bill, which had its Second Reading in your Lordships' House on Monday. Legal aid is crucial. Child victims of trafficking may have immigration claims that are not asylum claims and will therefore no longer qualify for legal aid.

The government report and this Bill recognise that identification of trafficked people is important and that there should be a plan to safeguard and promote the long-term welfare of the child. Barnardo’s, which runs 22 services for children and young people at risk of sexual exploitation, found that identification of child victims of trafficking is low. The Bill seeks to address this.

Safe accommodation is dealt with in Clause 7(3). ECPAT has set out principles for the safe accommodation of child victims of trafficking. The principles include: that children should be asked about what makes them feel safe; safety measures should be implemented to reduce a child’s risk of going missing; and that such children should be given access to a range of psychological, educational, health, social, legal, economic and language support that brings safety to the child and helps them recover. Efforts to make children safe should involve the wider community in ways that help create an environment in which it is difficult for traffickers to operate. One of ECPAT’s youth groups has stated:

“Safety has to be taken seriously. I think it should be the main priority as there’s no future when you’re not safe”.

Like many others, I am concerned about advocacy not just for children. There should be a legal guardian for each child victim of trafficking. This would minimise the risk of trafficked children going missing, help to sever links with traffickers and build a foundation for recovery. Young people themselves support such a system. As we have heard, many children disappear without trace and are never seen again. Safe accommodation and guardianship could improve this situation. I hope that future strategies will address these issues, even though much has been made of the costs of such a system. The issue of costs was set out well by the noble Lord, Lord Wei, but we do not seem to know what the cost comparisons are of a legal advocate for a child in relation to a child going through criminal proceedings. That is just the financial costs. The cost in human terms would favour advocacy support. In Scotland there is now a requirement to ensure that children going through the children’s hearing system will for the first time be able to get advocacy support. Under existing legislation in Scotland, a child can take any person with them into a hearing and this person could be an advocate. Many children go into hearings unprepared, and advocacy support should be available to children and young people so that they can understand the process that they are going through before, during and after a hearing.

The Bill recognises that victims of trafficking need support, legal aid and guidance through systems of which they can have no knowledge or experience. I speak again of adults and children. It may seem initially costly, but we should think of the savings that might be made regarding the need for services at a later level and date—and of the costs of human suffering.

I should like to ask the Minister a few questions. First, will the Government accept that trafficking for sexual exploitation should be an offence anywhere in the world? Secondly, how will the government strategy be monitored in relation to the important issues it raises, particularly of prevention? Will the private sector be encouraged to record how it is trying to eradicate slavery and human trafficking from supply chains? Will the Government support charities and community groups that do so much to combat the terrible effects of trafficking? What the noble Lord, Lord Wei, said in this regard was very interesting indeed.

I welcome the Bill. I thank the noble Lord, Lord McColl, for his insight in bringing it to the House again, and for encouraging such a wealth of informed speeches. As many noble Lords have said, we need resolve and determination. We do not need just structures and strategies but wide-ranging, forceful, practical means to tackle this insidious and evil practice. I hope that the Government will take note of the Bill and this debate. I look forward to the Minister’s response and the progress of the Bill.

Child Trafficking

Baroness Massey of Darwen Excerpts

Thursday 9th June 2011 Lords Chamber

Asked by

[Baroness Massey of Darwen]

To ask Her Majesty’s Government, in the light of the adoption of the European directive on human trafficking, what specific measures they will take to combat the trafficking of children and to support those trafficked.

[The Minister of State, Home Office (Baroness Browning)]

My Lords, the UK already has a comprehensive system in place to combat this terrible crime and to ensure that child trafficking victims are identified and receive the necessary support. The Government will shortly be applying to the European Commission to opt into the directive. If the application is accepted, Government will work with the Commission on implementation of the directive. Arrangements will also be strengthened further through measures in the forthcoming human trafficking strategy.

[Baroness Massey of Darwen]

I thank the Minister for that response and I am delighted by the news that the Government are going to try to opt into the European directive. However, does she agree that there are issues that still need to be looked at and explored? One of these is guardianship. Will the Government support the article in the directive that requires a child victim of trafficking to have a legal representative, advocate or guardian to support them—as they do in Scotland?

[Baroness Browning]

I can assure the noble Baroness that we have studied very carefully the situation in Scotland, and we are continuing to monitor it—although so far, it looks from what happens in Scotland as though the term “guardian” is probably more represented by the term “advocate”. A “guardian” has a slightly different connotation to “advocate”, but we are continuing to look at this matter. Our view is that the UK is already compliant with the directive in terms of child guardians. Local authorities have a statutory duty to ensure that they safeguard and promote the welfare of children. However, I must tell the noble Baroness that while I have been encouraged by what we will do when we are able to opt into the directive and by what is coming forward in the new strategy, I am fully aware that in the welfare of children there is a need for a holistic overview, over and above issues such as the roof above their heads, security, food on the table, education, and those core things that statutory agencies of course supply. I will be following this very carefully to make sure that the holistic view is represented.

Human Trafficking: EU Directive

Baroness Massey of Darwen Excerpts

Thursday 24th March 2011 Lords Chamber

[Baroness Neville-Jones]

My noble friend is quite right: human trafficking is a concern for all constabularies. It is also a concern for the Serious and Organised Crime Agency, which operates internationally. He is right to say that this is a global issue. It is also a matter in which the police take a lead in our ports of immigration, most particularly in places such as Heathrow and St Pancras, ensuring that when there is suspicion that a child has been trafficked, the suspicion is picked up immediately and the arrangements to handle the case are put in place.

[Baroness Massey of Darwen]

My Lords, what discussions are ongoing between the Government and the organisations concerned with the trafficking of women and children into this country? How will the identification of the number of people trafficked, which is very vague, be improved? How will the Government tackle situations involving employment and housing, rather than just prosecuting people?

[Baroness Neville-Jones]

I think that the noble Baroness is referring to the desirability, with which the Government agree, of having, in effect, an end-to-end process in which one is able, through contacts abroad, to understand the systems for trafficking; to pick up the children being trafficked as and when they arrive in this country; and then to be able, with the local authority, to ensure that proper care is taken of them. That, in fact, is the Government’s aim, and we are trying to bring together a system that ensures that that happens. We are in very close consultation with those NGOs that take a strong and constructive interest.

Prostitution

Baroness Massey of Darwen Excerpts

Thursday 10th March 2011 Lords Chamber

[Baroness Neville-Jones]

My understanding is that it was one particular member of ACPO who commented recently on the subject and that his remarks focused more on management issues—in particular, the establishment of the database, how we fund it, how we get at information about how people are led into prostitution and what we then do about it—than on changing the law. The Government’s attitude to the legal situation is that given that there has been a recent change in the law, about which my party had some misgivings, we should now let the change settle down and see how it operates. However, we are doing that on the basis of very close evaluation of its effectiveness.

[Baroness Massey of Darwen]

Is the noble Baroness aware that women and children who are trafficked end up in prostitution? What is being done to make sure that the people who are trafficking women and children are prosecuted, rather than the women and children?

[Baroness Neville-Jones]

My Lords, trafficking people is a very serious offence, in which the Serious Organised Crime Agency takes a particular interest. I assure the noble Baroness that we are aware of the degree to which prostitution is fed by traffickers, and we will tackle it both at the trafficking end and the prostitution end where women unfortunately become involved. We entirely agree about how serious this is.

Children: Trafficking

Baroness Massey of Darwen Excerpts

Tuesday 27th July 2010 Lords Chamber

Asked By

[Baroness Massey of Darwen]

To ask Her Majesty’s Government what support they will provide for trafficked children.

[The Minister of State, Home Office (Baroness Neville-Jones)]

My Lords, this Government are committed to tackling human trafficking and to supporting and protecting the victims of this vile crime. Responsibility for the care, protection and accommodation of child trafficking victims falls under the statutory responsibilities of local authorities. They must ensure that the child’s needs are assessed, that they are placed in safe accommodation and that they are given social work support to plan for their care.

[Baroness Massey of Darwen]

My Lords, I thank the noble Baroness for that positive response. Does she agree that these children are among the most vulnerable in society and, therefore, that they need collaborative efforts to help and support them? What efforts are being made across government departments and across systems at a local level to provide that support?

[Baroness Neville-Jones]

I thank the noble Baroness for having given notice of her supplementary question and of the view she takes on the need for collaboration across government. We share that view. The previous Government issued extensive statutory guidance to local authorities and other interested parties—the latest guidance being Working Together, issued earlier this year—with precisely the aim of supporting closer working in areas such as finding suitable accommodation. We entirely agree that these children are extremely vulnerable and should get the best protection possible. I think it is true to say that CEOP is currently rolling out initiatives, the details of which I do not have, but I know that they are under way. At the national level, we are reviewing the operation of the national referral mechanisms—which I think my honourable friend the Minister with responsibility for immigration mentioned in the other place—with the aim of encouraging further co-operation among the agencies involved.