Nationality and Borders Bill

Baroness McIntosh of Pickering Excerpts

Lords Hansard - Part 2 & Committee stage
Thursday 27th January 2022 Lords Chamber

Moved by

[Baroness McIntosh of Pickering]

25: Clause 9, page 11, leave out lines 33 to 36
Member’s explanatory statement
This amendment deletes the proposed new sections 40(5A)(a) and (b) in the British Nationality Act 1981.

[Baroness McIntosh of Pickering (Con)]

My Lords, I will speak also to Amendment 26 in this group and I look forward very much to hearing other noble Lords speak to their amendments in this group, which are very much on the same theme.

My amendment is perhaps a little more radical than some in this group, so, for the purposes of clarity, I am seeking to delete from the amendment to Clause 9 that was carried in Committee in the other place the proposed subsection (5A), which states that the notice to be given to a person to be deprived of citizenship, thereby notifying that their citizenship is to be withdrawn,

“does not apply if ... the Secretary of State does not have the information needed to be able to give notice under that subsection”

or if it is not

“in the interests of the relationship between the United Kingdom and another country”.

I will set out my reasons for doing this.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

My Lords, what I think I have tried to explain today—and it will be obvious that are clearly differences between us—is that, where the highest harm individuals can rely on another citizenship, the Home Secretary has within his or her power the ability to remove that citizenship. Of course, the one citizenship that is protected is when someone is only a British citizen and of no other territory.

[Baroness McIntosh of Pickering (Con)]

My Lords, this debate has been very moving in parts and extremely thoughtful, and I thank everybody across the House who contributed.

I, for one, am not unsympathetic to what the Government are trying to do. To tackle my noble friend Lord Hunt full on, I think he said that if Parliament does not accept Clause 9 then the Committee, or Parliament, will try to stop the Government from doing it. From what I have heard from the debate today, I think that is precisely the mood of the Committee and the conclusion that we have reached.

There are a number of alternative amendments. The noble Lord, Lord Blunkett, and the noble Lord, Lord Moylan, have come to blows, if you like, as to the purport of Amendment 27. There are parts of the amendments tabled by the noble Lord, Lord Anderson, that I find attractive, in particular removing the whole of Clause 9.

White Ribbon Campaign

Baroness McIntosh of Pickering Excerpts

Thursday 25th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

The collection of data is obviously crucial. It is something we talked about a lot during the passage of the Domestic Abuse Act. I go back to the original point that the noble Baroness makes about repeated offending. One of the things we have tried to do through the Act is to stop the cycle of offending through DAPOs and other interventions and, returning to the original point made by the noble Baroness, Lady Crawley, to make men own the problem of repeated violence against women.

[Baroness McIntosh of Pickering (Con)]

I congratulate my noble friend on her bravura performance last night and during the whole of yesterday. Does she recognise the figures that, in the past year, one-third of women have suffered sexual harassment and that one in eight crimes involves domestic abuse? Against that background, does she believe that the current legislation is fit for purpose?

[Baroness Williams of Trafford (Con)]

I certainly think the current legislation is fit for purpose because noble Lords and Members of the other place helped to take it through. It is a very good piece of legislation. We said at the time that it was the start, not the end, of the interventions that we had to make to prevent violence against women and girls, but I am very proud of what we have achieved.

UK–EU Trade and Cooperation Agreement: Foreign Workers

Baroness McIntosh of Pickering Excerpts

Wednesday 10th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I will not add to what I said to the noble Baroness, Lady Chakrabarti, but our departure from the European Union will not diminish the UK’s engagement with the Council of Europe. We are committed to the European Convention on Human Rights and to improving the effectiveness of its court. We are a leading player, a founder member and one of the five major financial contributors, having given €34.2 million this year. We use the Council of Europe to hold member states to their human rights obligations and deliver messages to them, in public and in private.

[Baroness McIntosh of Pickering (Con)]

Does my noble friend agree that foreign workers or their employers coming to fill vacancies as lorry drivers, forklift truck drivers, nannies or au pairs have to pay for their visa? Is that not proving to be a barrier to them coming to the UK, and will this be reviewed?

[Baroness Williams of Trafford (Con)]

I do not agree with my noble friend. We do not have any shortage of people who want to come here. We do have shortages in certain sectors due to supply chain issues and we are remedying that.

Metal Theft

Baroness McIntosh of Pickering Excerpts

Thursday 14th October 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

We at the Home Office carried out a review of the Act in 2017 and found that it had been effective in addressing metal theft and should be retained, but now on top of this we have the NICRP, and I hope that the combination of the two will help drive down what is in many cases the very dangerous activity of metal theft, given the types of metal that they target.

[Baroness McIntosh of Pickering (Con)]

I declare an interest as I sit on the rural affairs group of the Church of England. Does my noble friend share my concern that the theft of lead from church roofs has literally gone through the roof? I know this is a matter that she takes incredibly seriously. Lead has a special significance on church roofs, as it protects many historic buildings, and the cost of the damage in rural areas of restoring and repairing the building is great. Will my noble friend use all the resources available to her to ensure that we can find out at what point this metal is entering the market? The Act, as the noble Lord said, is simply not fit for purpose at the moment.

[Baroness Williams of Trafford (Con)]

I say to my noble friend that the various measures I have outlined today have helped to tackle these types of thefts, but also the sentencing guidelines on theft highlight that, where theft is of a heritage asset or causes disruption to infrastructure, this should be taken into account when assessing the level of harm. I say to my noble friend, as I said at the beginning, that the market for different types of metal is changing and therefore theft patterns are changing. That is why catalytic converters in particular, which contain precious and rare metals, are being targeted at this time.

E-scooters

Baroness McIntosh of Pickering Excerpts

Wednesday 26th May 2021 Lords Chamber

Asked by

[Baroness McIntosh of Pickering]

To ask Her Majesty’s Government what assessment they have made of the number of e-scooters currently being used illegally in London; and what steps they intend to take to address such use.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, enforcement of road traffic law in London is an operational matter for the Metropolitan Police, according to local policing plans. The Government will continue to support the police by ensuring that they have the tools needed to enforce road traffic legislation, including relating to electric scooters.

[Baroness McIntosh of Pickering (Con)]

Does my noble friend accept that it is totally illegal to use e-scooters in public areas in London at this time, yet they are widely used on pavements, in parks and on roads, risking casualties and deaths? The law is simply not being enforced. Will she use her good offices to ensure that before the pilots start in June for rental scooters in London, the use of e-scooters—which are illegal when owned and used in public places—is properly regulated and policed as a priority, and that the law is enforced? Is she aware that as they are not currently regulated and insured, dealing with any casualties will be a drain on the resources of the Motor Insurers’ Bureau?

[Baroness Williams of Trafford (Con)]

I totally share my noble friend’s concerns. Of course, there are two categories of scooter: the rental scooter, which can be insured, and the privately owned scooter. It is perfectly legal to purchase them, but they cannot be insured. Trials have been going on all over the country, but I hope the trials going on in London will clarify the situation once and for all and prevent the problems my noble friend outlines.

Domestic Abuse Bill

Baroness McIntosh of Pickering Excerpts

Consideration of Commons amendments
Tuesday 27th April 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow the noble Baroness, Lady Finlay of Llandaff, and thank her for all the work and passion that she has shown in bringing this series of amendments to the House. I am also grateful for the support shown across the House, especially by the noble Baroness, Lady Burt, the noble Lord, Lord Ponsonby, and others on all Benches. I also thank and pay tribute to my noble friend Lord Wolfson of Tredegar in his absence. Without his particular personal interest in the issues before us we would not be where we are today. I therefore ask my noble friend Lord Parkinson to pay fulsome thanks to him.

It is important to welcome the fact that there will be some movement. I say that especially as vice-president of the National Association of Child Contact Centres and co-chair of the All-Party Group on Child Contact Centres. However, I regret that, under the terms of the amendments before us in the name of my noble friend on the Front Bench, it may be two years before we see any change whatever. It is welcome that all of us across the House are united in wanting to ensure that children can continue to see absent parents in the event of a family breakdown in safety.

However, I regret that there is no sense of urgency, such as that which we have seen with the Private Member’s Bill that will go through in this parliamentary Session, which makes sure that there are national standards and safeguards for all those working with 16 to 19 year-olds. It is bizarre and slightly concerning that they are being treated preferentially as compared with those in a younger age group, infants and those possibly up to the age of 18, seeking to meet parents in child contact centres and settings.

It is important that we establish that contact centres and services, as outlined by the noble Baroness, Lady Finlay, are subject to the same basic minimum safe- guarding, training, DBS and criminal checks, and enhanced checks as all others working with children, including childminders and nurseries. The Bill will leave the House today with the addition of these amendments, which I welcome in so far as they go, but it does not go as far as it should.

I shall quote the statement issued yesterday by Sir James Munby, as president of the National Association of Child Contact Centres, and former President of the Family Division. He stated:

“The government’s reservation to support Baroness Finlay’s amendment, which has been drafted in partnership with the National Association of Child Contact Centres, would be a missed opportunity to address an anomaly in safeguarding children and improving standards in general and specifically in regard to domestic abuse…The amendment is seeking is to ensure the same standards of safeguarding, accreditation, checks and training for all child contact centres and services whether in a public or private setting, and on the same basis as those who work with children as child minders, in nurseries and now with 16-19 years olds in education.”


Perhaps the most disappointing omission in the Government’s amendments is that we have failed to alert them to certain essential facts. DBS checks already apply to those setting up contact centres through an accredited service. However, if one is not accredited, one can go ahead without getting DBS checks. Therefore, amending the regulations will not move matters forward. That applies also to enhanced DBS checks. About one-third of families who attend child contact centres are self-referrals, so they have no-one to guide them to an accredited centre unless they go on to the NACCC website. Also, in tune with what the noble Baroness, Lady Finlay, said, the weight placed on the judicial protocol means that guidance will need to change to the equivalent of a requirement to ensure that it can support the expectation being placed upon it. The essential fact is this: if there is no one to check whether someone has DBS certificates, how would anyone know whether they have them or not?

I simply end with a question to my noble friend. If evidence comes to light within the two-year period he has allowed for the review, which is welcome, will the regulations that the Government are empowered to apply through the Ministry of Justice be put in place? Secondly, why is a higher bar being asked for in the evidence required for the younger age group of infants to 18 year-olds than that required in the Private Member’s Bill introducing safeguards for 16 to 19 year-olds? However, I welcome the movement that has been made and hope that we can work together with the departments concerned in this regard.

[Baroness Burt of Solihull (LD)]

My Lords, I am grateful to the noble Baronesses, Lady Finlay of Llandaff and Lady McIntosh of Pickering, for their tenacity in protecting the interests of vulnerable children and abuse victims. Their knowledge and experience have fuelled their tenacity and insistence that a solution be found. The noble Lord, Lord Ponsonby, has used his great experience in the family courts, and I have had, if not exactly the same level of experience, raw enthusiasm in backing the cause.

However, that would have all been to no avail if the noble Lord, Lord Wolfson of Tredegar, had not only seen what we were trying to achieve but gone the extra mile in seeking a solution, despite the fact that we did not have all the incontrovertible evidence he sought. I am sorry that he is not in his place, but I know that the Minister will pass on these remarks. When we suggested that the Government, not the NACCC, should obtain the evidence, he has come up with the amendment, which I hope the noble Baroness, Lady Finlay, will be minded to accept, to go and get the evidence. The widening of the definition of a child contact centre will catch many informal organisations—those that we are most concerned about—in the net.

All that any of us wants is to protect our children at a most difficult and vulnerable time, to ensure that unskilled and even unscrupulous people do not get anywhere near those children, and that those children are received into a welcoming environment manned by skilled, trained and compassionate people. We are not there yet and, as the noble Baroness, Lady Finlay of Llandaff, said, the movers of the original amendment will be setting two-year reminders in their diaries after the passing of the Bill, so the Government can expect timely reminders if the report has not appeared as the deadline looms.

Domestic Abuse Bill

Baroness McIntosh of Pickering Excerpts

Report stage
Monday 15th March 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I could not believe the three opening speeches we had. Listening to the noble Baroness, Lady Royall of Blaisdon, I thought, “Well, that’s unbeatable.” Then we heard the speech of the noble Baroness, Lady Brinton, which was equally unbeatable, and then from the noble Baroness, Lady Bertin, who was also unbeatable. I am not sure that I have very much to contribute except that, over the past week, I have had several hundred abusive emails. Those men—virtually every single one was a man—felt that it was all right to send to my parliamentary account the most incredible abuse. I am well aware that some women MPs at the other end have this sort of thing all the time, sometimes thousands of emails every week. It is just staggering that these people think that they can write this abuse, send it and let someone else read it. I am absolutely astonished at this.

The problem is that misogyny is embedded in our society, and we have not dealt with it. The only way we can deal with it is through education, and this is education that starts with children—but it also starts with educating our police force. We have heard these stories about how the police just do not take it seriously, because they do not understand it. Just as there is a lot of misogyny in wider society, there is misogyny in the police. Many times, 20, 30 or 40 years ago, one would hear police officers saying about domestic abuse incidents, “Oh, it’s just a domestic.” It sounds very much as if they are not taking it seriously now, all these decades later.

I am going to repeat myself—and I know that I am not allowed to do so on Report—but I have said on several occasions that police forces should have mandatory training on how to recognise and deal with domestic violence. Some forces have done it and, where they have done it, it is noticeable that they have a better attitude to women, but we also see the prosecution and sentencing of male offenders increase dramatically. Nottinghamshire Police has had that training and improved its rate of prosecution of male abusers, and it behaved phenomenally well on Saturday night, when our dear Met police really messed up.

Here we have these amendments, which pose the question: how seriously do we want to take domestic abuse and domestic violence? There are processes in place administered by specialists for managing and monitoring serious sexual and violent offenders, and I do not understand why this apparatus is not being used for domestic abusers and stalkers. The noble Baroness, Lady Royall, said that best practice does not work, but why does it not work? I just do not understand. Perhaps the Minister can explain why it is not working.

It is high time that we got serious about domestic violence. The perpetrators should wear a label and have to disclose it with anyone they try to form an intimate relationship with, and they should be monitored and managed in line with the seriousness of their offending behaviour. These people are generally very unlikely to display one-off behaviours of domestic abuse and violence; these patterns of behaviour are totally engrained into their personality, for whatever reason. Perhaps they saw domestic violence as a child or perhaps there is some other underlying reason—but whatever it is, it happens and we have to protect women against it.

We can have all the support for the survivors that we possibly could, but it is infinitely preferable to have a world where there are no perpetrators, rather than supporting survivors. Without stamping out the behaviour of perpetrators or forcing serious consequences on their behaviour, we cannot stamp out the evil of domestic abuse—and, yes, I am afraid that it has to be in the Bill. First, most of us do not actually trust the Government to do it if it is not in the Bill. Secondly, if it is there it is visible, and people understand that it is being taken seriously—so I ask the Government to accept these amendments. Obviously, the Green group will vote for whichever are brought to a vote.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I am delighted to follow the noble Baroness, Lady Jones of Moulsecoomb, and I associate myself with many of the comments made by previous speakers. I pay tribute to the noble Baronesses, Lady Royall of Blaisdon and Lady Brinton, and my noble friend Lady Bertin for being so brave as to share their thoughts and experiences. Obviously, we are all deeply touched by the murder of Sarah Everard. I also record my growing concern. In 2009, Claudia Lawrence disappeared on her way to work as a chef at the University of York and has never been found. No one knows whether she is alive or dead, and, very sadly, her father passed away without knowing any more. I am very aware of the extent of the concern about the crime of stalking and more serious offences against women.

Some of the thoughts I would like to share this evening are my own, but I am also grateful for the briefing I have received from the Suzy Lamplugh Trust. We should also remember the tragic loss of Suzy Lamplugh.

Domestic Abuse Bill

Baroness McIntosh of Pickering Excerpts

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I am delighted to follow the noble Baroness, Lady Jones. I too pay tribute to the noble Baroness, Lady Greengross. Once again, she has identified an area which is absolutely right for an addition to the Bill. I would be very interested to know whether the Minister has had a chance to study how these provisions have operated in Scotland and Wales. If they have operated effectively there, as it would appear, it seems timely of us to introduce them at this stage of the Bill, or certainly on Report.

As other noble Lords have rightly identified, how we can better protect older adults, particularly those receiving social care in their own homes—we know that that number will grow over the next 20 to 30 years —is worthy of attention. This is a good opportunity to tackle abuse and raise awareness of potential abuse among older people. I have no hesitation in commending Amendments 165 and 166 to my noble friend and congratulate the noble Baroness, Lady Greengross, and her co-authors on bringing them forward and allowing us the opportunity to support them today.

[Baroness Burt of Solihull (LD) [V]]

My Lords, these two small but important amendments are perfect examples of what I have been banging on about throughout the Bill and what my noble friend Lady Brinton kindly alluded to: the need for a joined-up approach on the part of all services to work together to help victims, particularly, in this instance, older people. Amendment 165 in the name of the noble Baroness, Lady Greengross, and other noble Lords requires local authorities’ staff who suspect abuse to notify social services or the police. I am grateful to her and to Hourglass for all the work that they do. As she said, Hourglass says that 40% of the calls it received in 2019 related to financial abuse—the most common type of abuse reported—but it often goes hand in hand with physical and psychological abuse. When victims reach out for financial support, those in the local authority must be trained not just to process the claim or recognise the signs of abuse, but to report it to a relevant social worker or the police.

The noble Baroness, Lady Meacher, illuminated the Committee with her telling description of how real-life long-term relationships can escalate, a point echoed by my noble friend Lady Hamwee, who linked back to the day-to-day regarding the need for training professionals.

Amendment 166, also in the name of the noble Baroness, Lady Greengross, tackles the issue of when a social worker is refused entry to premises and suspects that domestic abuse is being perpetrated. As we have heard, at present the social worker would need to ask the police to obtain a magistrate’s order, but there are several benefits of their being able to obtain entry themselves, not least not having to further burden an already overstretched police force. Research by King’s College, which has already been mentioned, identified that this could prevent escalation to the point where a more drastic intervention by police was needed and speed up the process of safeguarding inquiries. This power has already been trialled. As several noble Lords have mentioned, it was introduced in Scotland in 2008 and in Wales in 2016. It seems to work well and creates a greater expectation of compliance, which may obviate the necessity of obtaining an order at all. Obstruction of entry is rare but, on the occasions when it is needed, this no-messing early intervention can save lives.

--- Later in debate ---

The answer to the challenges faced by carers does not lie in providing a potential loophole for the abuse of disabled survivors. I look forward to further debate on the issue and to the Minister’s response.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I am delighted to follow the noble Lord, Lord Ponsonby, and the noble Baroness, Lady Grey-Thompson, who so eloquently and movingly spoke on this amendment. I am starkly aware that this afternoon is the first time that we have heard these figures on domestic abuse against disabled people. Disabled women are three times more likely to be abused by family members. This is deeply shocking and makes us pause for thought.

I am aware of the excellent work of the noble Lord, Lord Ponsonby, as an active and practising magistrate. My question to him and the Minister relates to this point. If we pass this amendment, which appears attractive in the way it has been moved and reads, and repeal provisions in the legislation for the so-called carers’ defence to the offence of controlling or coercive behaviour in intimate or family relationships, should cases be brought to court under the legislation, practitioners would be scrabbling around for other legislation, such as the Mental Capacity Act and other Acts to which noble Lords have referred. There is a certain neatness and ease of reference from keeping the defence in its place, although I hope that it does not have cause to be used.

I am conscious of the huge shortage of carers in the country at the moment, particularly those looking after vulnerable and disabled people. They have a sensitive and caring role to play, so the background to this amendment is particularly sensitive. With those few remarks, I would be interested to know, from the Minister, what the position would be if we removed this defence and, from the noble Lord, Lord Ponsonby, whether he thinks that it would cause a difficulty for practitioners.

[Baroness Burt of Solihull (LD) [V]]

My Lords, I am grateful to the noble Lord, Lord Ponsonby, and the noble Baroness, Lady Grey-Thompson, for raising this. Amendment 171 seeks to repeal the so-called carers’ defence in coercive and controlling relationships. I am grateful to Stay Safe East for its excellent briefing. The noble Lord, Lord Ponsonby, and the noble Baroness, Lady Grey-Thompson, highlighted the frequency of disabled people being abused compared to non-disabled. The noble Baroness, Lady McIntosh of Pickering, was shocked by these figures and so was I.

As we have heard, the so-called carers’ defence clause reposes in the 2015 Serious Crime Act. This defence can be employed by the carer if she can prove that she believed that she was acting in the victim’s “best interests” and that

“the behaviour was in all the circumstances reasonable”.

Stay Safe East maintains that this Act discriminates both directly and indirectly against disabled victims. It says:

“The purpose of legislation on domestic abuse is to protect survivors, rather than to defend the rights of abusers or alleged abusers.”


It is already hard enough to get a case involving a disabled victim to court, as so many difficulties and barriers stand in the way. To abuse a disabled person in the cause of their own “interests” surely must be one of the most patronising and demeaning excuses for perpetrating coercive control of the victim. It piles insult on injury, can prolong the abuse and ultimately denies justice to the victim. I do not need to add to the cogent and clear description, particularly by the noble Baroness, Lady Grey-Thompson, of what this form of coercive control looks like and how it makes the disabled victim feel. Let us shut that loophole and give disabled victims justice and their dignity back.

A carer can already claim the “best interests” defence without our having to enshrine it in law. I listened carefully to the remarks of the Minister on Monday and she seems to have prejudged the amendment without listening to the arguments, which is most unusual for her. In response, I say that the arguments that she uses can be used in favour of the amendment. She said:

“As is the case with all legal defences, it is for the courts and juries to decide merit on a case by case basis”.—[Official Report, 8/2/21; col. 123.]


Why not take this patronising defence out of English law and let the courts decide, as she suggests?

Domestic Abuse Bill

Baroness McIntosh of Pickering Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is always a pleasure to follow the noble Lord, Lord Rooker, particularly on this subject. I believe that there is an open door here when talking about the protection of abused people. At Second Reading, I stated that the Domestic Abuse Bill has the potential to deliver a step change in the national response to domestic abuse but that the legislation requires significant change to tackle gaps in the system and ensure equal protection and support for all survivors. I believe that this suite of amendments offers in a small way the opportunity to protect those who have been abused.

I support the amendments in this group in the names of my noble friends Lord Kennedy and Lord Hunt, as well as those from the noble Baroness, Lady Hamwee, and the noble Lord, Lord Paddick, as they are trying to strengthen the powers for dealing with domestic abuse.

Many people are abused not only at their place of residence but also at their place of work. In many instances, prior to the pandemic, people spent longer at work or an educational institution each day than at home. Strict provisions need to be put in statute to ensure that the person who is abused feels safe and is protected. If they have children at home, they should also be protected and should not be exposed to the type of abuse levelled at their mother, or be caught up in the tension that the abuse engenders. In particular, I refer to the amendments in the names of my noble friends Lord Kennedy and Lord Hunt of Kings Heath, which seek to ensure that those who make domestic abuse protection orders have discretion to consider the workplace as well as the home.

In many cases, the perpetrator will also seek out the person they wish to abuse, whether a former partner or an existing partner, in their place of work. I have some direct experience, involving an employee, of where the legislation was too weak. A lady who was a cleaner for us was deeply frightened and obviously did not wish to talk about it. The person carrying out the abuse stalked her place of work, waiting for her to go into and come out of work, and was quite intrusive when we were dealing with constituents who came into the office. Noble Lords can imagine that that type of abuse was levelled not only at his partner but at other people. The nature of the cleaner’s work meant that she worked in other places, and he followed her there and waited outside those houses until she came out. She was therefore continuously abused at her places of work. People in these circumstances deserve full protection under the provisions that may be made by the notices, and careful attention must be given to further provisions in the requirements that may be imposed by orders.

The Minister’s amendment, Amendment 75, while important and a welcome development, should include the workplace. I have no doubt that my noble friends Lord Kennedy and Lord Hunt will return to this issue on Report, when I shall be very happy to support them. Perhaps in winding up, the Minister can open the door further and accept these amendments as a means of trying to protect the abused person in the workplace and in educational establishments and to stamp out that level of heinous abuse.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I am delighted to follow the noble Baroness, Lady Ritchie of Downpatrick, who spoke with such passion on this group. I shall speak specifically to Amendments 75 and 78, and I congratulate the Government on tabling them as they will strengthen the actions against a perpetrator.

On a strict reading of Amendment 75, it would appear that its wording would cover work premises—an issue raised by the noble Baroness, Lady Hamwee, and the noble Lords, Lord Kennedy and Lord Hunt. I think that is the Government’s intention in including the words

“may not come within a specified distance of … other specified premises”.

It would be helpful to know that to put noble Lords’ minds at rest.

I particularly want to raise issues that are in the briefing from Refuge, for which I am extremely grateful. As the implementation of the new DAPO is likely to be complex, Refuge supports it being piloted. It will be interesting to hear how it will be piloted. Does the Minister share my view that in Amendments 75 and 78, which I welcome, we recognise that more DAPOs will be issued? Refuge has suggested that this is an area where we should look at adequate training and investment in police forces to ensure that they are using DAPOs wherever appropriate, that perpetrators are arrested and charged when these are breached, that the guidance is sufficiently clear and that the police are sufficiently familiar with how DAPOs are meant to work, which would be the case if there was a pilot in which any teething problems could be ironed out.

I commend Amendments 75 and 78 and thank the Government and my noble friends for tabling them. I will be interested to hear whether the Government look warmly on the suggestions I have made.

[Baroness Featherstone (LD) [V]]

My Lords, I support the amendments in this group, particularly Amendments 57, 58, 59 and 60, that seek to enable the consideration of the inclusion of workplaces in domestic abuse protection orders. It is a truly important and obvious step, which the Government have acknowledged, at least in principle, in Amendment 75.

The introduction of domestic violence protection notices and then domestic abuse protection orders heralded a real shift, or an intended shift, to the perpetrator being excluded and barred from entering the home and the breaking of such an order becoming a criminal offence. But as we have become more aware of the nature of domestic abuse, beyond just the physical—be it psychological and financial abuse, or coercion—we have addressed such issues as stalking and have, thankfully, moved to become more victim-centred, so that the victim can live their life and stay at home, rather than always having to go to a refuge, and the perpetrator is prohibited.

The Bill gives us the opportunity to move this agenda further forward and to protect the victim in their place of work. In a situation of domestic abuse, the workplace can be a refuge and a place of safety for the victim, but, sadly, that is often not the case. It is not uncommon for a victim to find that the abuse follows them to work—sometimes literally, by being physically followed, but often by abusive emails or phone calls, or the fear of the abuser turning up at the workplace, knowing what time the victim finishes. It is even more difficult if the abusing partner works at the same place. It does not stop at the victim; colleagues can find that they are bombarded with questions about the victim, have to cover for a victim’s absences or are threatened with harm. While all organisations and firms should have a domestic abuse policy in place, an order that would prohibit a perpetrator contacting the victim at their place of work or going to their place of work specifically, as noble Lords have mentioned, is a logical step to deepen the protection around the victim.

--- Later in debate ---

[Lord Ponsonby of Shulbrede (Lab) (V)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Finlay. Her introduction covered all the points that were made in the various briefings sent to me. I am also conscious that the noble Baroness, Lady McIntosh, is a long-standing expert in this area who has been pursuing the issue for many years. I thought that I would make a different point from that which is set out in the briefings.

I sit as a family magistrate in London. I am also the chairman of the Greater London Family Panel, which means that I have a pastoral responsibility for 300 family magistrates. About six weeks to two months ago, I sent all my colleagues the email address of the NACCC because I thought all that information would be a useful resource for them to use in their work in court. I specifically did this recently, while we have been moving in and out of lockdowns, because one issue that has been coming up in court a lot is the reasons for contact breaking down. We were told many times that the contact centres were not open. The truth of the matter is that it is a mixed picture and some forms of contact have been facilitated by different centres. Using the NACCC website, we have been able to check with the relevant contact centres to see whether what we had been told by the participants in court proceedings was indeed true. In some cases it was not true; the parents had not been facilitating contact when it was available.

I have given a practical example of how useful the information provided by the NACCC can be. I understand that the purpose of this amendment is to regularise and put it on a similar footing to other children-based services. I also understand that there is a long history of trying to regularise the status, if you like, of the NACCC. I am happy to have added my name to this amendment and hope very much that the Minister will give it a favourable response, so that people can be confident that only appropriately regulated services will be available for parents.

[Baroness McIntosh of Pickering (Con) (V)]

My Lords, I am delighted to follow the noble Lord, Lord Ponsonby, and pay tribute to his wealth of experience as a family magistrate. I too am delighted to lend my support to the amendment and I congratulate the noble Baroness, Lady Finlay of Llandaff, on introducing it so eloquently. It follows on from a Private Member’s Bill which I sponsored soon after I was introduced into the House. It called for the equalisation of standards for child contact centres; that is, centres offering public and/or private provision.

I am sure my noble friend Lord Wolfson will recall, from his early days in private practice, some of the heartrending cases we have all had to deal with of trying to allow and permit family relationships to continue. That is why I pay tribute to the National Association of Child Contact Centres and declare my interest as a vice-president. I join the noble Lord, Lord Ponsonby, in paying fulsome tribute to the work it does. I am also an officer of the All-Party Parliamentary Group on Child Contact Centres and Services, where we try and bring these issues to the fore in both Houses of Parliament.

This amendment is particularly appropriate to this clause in Part 4 of the Bill, which looks at local authority support. Children are often caught up as innocent victims of domestic abuse but it is essential they maintain contact, in so far as is safe and possible, with both parents in any family situation. What is clear at the moment is that public and private provision in child contact is not equal; it is important to ensure safeguarding is recognised and extended to both. The child contact system, as I understand it, is the only child service that is not nationally accredited or regulated, and addressing this is the purpose of Amendment 91. I accept this clause is looking at the “Support provided by local authorities”, but it is in these difficult situations that a child may have suffered through no fault of their own from the abuse of a parent—most likely, the non-resident parent.

I hope my noble friend Lord Wolfson, other noble friends and the Government will look favourably on this amendment. It seeks to rectify a situation to ensure all child contact centres will work to the highest standards and that those children who are separated from one or other parent, in these particularly sensitive situations, will continue to have access and contact with both parents. It seems entirely appropriate that we consider Amendment 91 against the background of Part 4. In these circumstances, I am delighted to lend my support to Amendment 91 in the name of the noble Baroness, Lady Finlay, and others who have lent their support.

[Baroness Burt of Solihull (LD) [V]]

My Lords, I too was delighted to add my name to this amendment. The noble Baroness, Lady Finlay, has already made an excellent case for why all child contact centres should be accredited, and I will not detain the House by repeating those arguments.

I have some difficulty understanding why the Government are reluctant to accept the case for all child contact centres to be accredited. It is not a cost to them, after all, and even if there were a cost attached, I would argue it would be worth it. This is the only example of a child service that does not require universal accreditation or regulation. But it places the child in a potentially dangerous and damaging situation because they may not be supervised by trained staff in an appropriate and consistent environment.

The Government, in a letter to the National Association of Child Contact Centres, confess to not knowing about the nature and extent of unaccredited child contact centres. So, they do not know the size of the problem or the standards that these centres are operating at. Of course, accreditation does not guarantee a child’s or a parent’s safety, but it would ensure safeguarding risks are accounted for. There would be quality and consistency in all child contact centres. We know that children, as well as mothers, get killed. Why on earth would we take the risk of having untrained staff manning unaccredited child contact centres?

The courts and Cafcass should refer children to accredited centres. We have the noble and learned Baroness, Lady Butler-Sloss, to thank for that. If an accredited centre is good enough for these children, why should it not be good enough for every child? Would the Minister reflect, before he responds, on whether he is willing to take the risk?

Domestic Abuse Bill

Baroness McIntosh of Pickering Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 27th January 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, when she introduced Amendment 21, the noble Baroness, Lady Finlay of Llandaff, talked about alcohol abuse and gave several examples of the distress that it can cause not only to the people involved in the relationship but also to the children. The noble Lord, Lord Brooke of Alverthorpe, also mentioned alcohol, and the noble Lord, Lord Marks of Henley-on-Thames, talked about the symbiotic link

“between substance abuse, mental health issues and domestic abuse”.—[Official Report, 25/1/21; col. 1495.]

The noble Lord, Lord Hunt of Kings Heath, pointed the finger squarely at the Government, blaming them for many of the problems that crop up simply because of their cuts to the funding of addiction services.

I come at this from a slightly different perspective. The Green Party recognises that, in the majority of cases, the limited use of drugs for recreational purposes is not harmful; it actually has the potential to improve well-being and even enhance human relationships and creativity. However, most harmful drug use is underpinned by poverty, isolation, mental or physical illness and psychological trauma—in these cases, harmful drug use can cause a vicious circle. As such, the Green Party focuses on minimising not only drug abuse but the social ills that lead to it—so we take a health-focused approach to it.

This group of amendments, tabled by the noble Baroness, Lady Finlay, is an important step towards minimising harms caused by problem drug abuse. My reading of them is that they focus on both abusers and survivors so that we can address the issues in a much more holistic and comprehensive way. The Bill will have a gaping hole if it does not properly address the complex relationships between domestic abuse and harmful drug use. The Government have shown willingness to adopt positive amendments and improve the Bill, so I hope that Amendment 21 and the others in this group will find favour with them and that we will see something come back on Report.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Jones of Moulsecoomb. She has an interesting perspective. I will speak to the amendments introduced by the noble Baroness, Lady Finlay of Llandaff. The noble Lords, Lord Brooke and Lord Hunt, have already spoken eloquently in their support.

We took evidence on this issue in the ad hoc committee on the Licensing Act 2003, which reported in 2017. Substance abuse in the form of alcohol was indirectly related to it—particularly when it was served to those who were already intoxicated.

I am sympathetic to these amendments. As the noble Baroness, Lady Finlay, mentioned, there can be—although not in every case—a relationship between the impact of substance abuse and addictions and the perpetration of domestic violence. This can lead to a severe deterioration in mental health, which may lead to the violent behaviour that, sadly, we often see.

I will focus my remarks on Amendment 94. This looks to local authorities to provide mental health support where necessary to the victims of domestic abuse where there is substance misuse. How might this work in practice? I am mindful of the helpful, comprehensive letter received from the office of the domestic abuse commissioner, which says, in relation to Part 4 of the Bill:

“The Commissioner has strongly welcomed the new statutory duty on local authorities to provide support to victims of domestic abuse and their children within refuges and other safe accommodation”.


Furthermore:

“The Commissioner has welcomed the funding secured by the MHCLG in the recent Spending Review of £125 million for councils to deliver this duty.”


If this group of amendments were to be carried, how they would work in practice? This is a question for the Minister and, indirectly, for the noble Baroness, Lady Finlay. I do not want to infer something that the domestic abuse commissioner has not said, but, reading between the lines, it appears that the approach set out in these amendments would not be unwelcome. How can we give practical effect to this group of amendments, given the limited budget available to local authorities and charities?

[Baroness Uddin (Non-Afl) [V]]

My Lords, I thank the noble Baroness, Lady Finlay of Llandaff, for her leadership, and my noble friend Lord Brooke of Alverthorpe for addressing the specific components of mental health, alcohol and harmful substance misuse associated with violence. I commend the work of the noble Baroness, Lady Newlove, and support her call for the commissioner to have comprehensive resources and staff, as well as advisers to manage the many complexities and demands in this area.

The Bill offers a unique opportunity to coalesce resources and enhance a more radical and holistic approach and a shift in our national attitude to service provision. I generally support this group of amendments. I am a practitioner and leader of service delivery, having led the national four-year pilot project, Breaking the Cycle, which provided early and long-term family intervention and support. It is a timely reminder that we need to bring our responses to significant hidden harms and violence, long associated with addiction, into the fold of service development.

During the recent lockdown, the statistics have been laid bare, as our attention has fallen on preventing alcohol consumption in pubs and bars, without critical additional support being made available to victims of those who are addicted. Numbers have risen exponentially. Alcohol and substance addiction affects all communities, regardless of faith, race or cultural background, with a pernicious impact which often remains hidden. Many women are fearful of exploring and explaining the secrecy surrounding addiction and of mastering the necessary courage to seek help. Many may experience additional anxiety and fear of the toxicity of discrimination or of children being taken into care. These complexities can prevent many women seeking help and reporting their emotional, physical, sexual and financial abuse and safeguarding concerns.

This is why I support these amendments and their fundamental, underlying principles, specifically Amendments 21 and 42, and Amendment 94 regarding the responsibility that a local authority must have to ensure that service provision is available to all. Since its inception, the “Breaking the Cycle” project has supported thousands of families with its expertise, with particular attention on addressing the impact on children, eloquently detailed by noble Lords. There are no easy, immediate solutions except to say that it is crucial to bring these responsibilities into the commissioner’s purview and remit, with specialist staff and advisers. This must, at its core, be a diverse team, given that the client base will reflect the diversity of our population. All services must take on board servicing all victims and survivors, as a matter of core principle. I am delighted to support these amendments.

--- Later in debate ---

[Baroness Hamwee (LD) [V]]

My Lords, I suspect that the Minister may tell us that Parliament will be quite adequately and properly involved, because the Secretary of State who sponsors—I think that is the term—the commissioner is accountable to Parliament.

Noble Lords who have spoken have all made the point about independence being absolutely crucial. We have already debated that in the context of the budget, particularly the other day, and the provision of staff, and of course it was central to the proposal that the commissioner’s title include the word “independent”. The Government have recognised that—not so far as to accept any amendments but they have recognised the point—and, I hope, the point about the commissioner being seen to be independent, which the noble Lord, Lord Rosser, has made today and I think I made on Monday, as I certainly intended to.

Our amendments propose reports going to both the Secretary of State and Parliament because, by nature and inclination, my noble friend and I want to find a way through this that might satisfy everybody. As my noble friend said, it is not unknown for Ministers not to respond promptly to draft reports and other material. In fact, I had Kevin Hyland’s experience in mind when we prepared these amendments. I am personally not wedded to 28 days. What is important is that there is a fairly tight maximum time limit.

On Amendment 35, I have thought about the situation a little more since we tabled the amendments. The commissioner is not actually required to give advice or assistance: “may” is the term in both Clause 9(1) and Clause 9(2), although there is a “must” about publishing advice to any person other than the Secretary of State—that is in Clause 9(4). I am a little worried about whether the prospect of advice being required to be published might constrain people other than the Secretary of State from seeking advice. So, as well as wondering why non-Secretaries of State are not on the same footing as the Secretary of State for this purpose, I am actually a bit concerned about the provision.

Is Clause 9(2) itself actually necessary—that is, the subsection which says that the commissioner may advise or assist someone else—especially as we are told that the list of powers at Clause 7(2) is not an exhaustive list? Can someone seek advice or assistance without it being published? There must be many situations in which that would be appropriate. Also, can the commissioner omit matters listed in Clause 9(6) of his or her own volition? Surely, they can. We have all been talking on the basis that the commissioner can and would do so, but it is a matter of the Secretary of State’s direction, which I find a little curious, in addition to the points made by other noble Lords. I hope the Minister can answer these questions, which, perhaps, go behind some of the words in the Bill, as well as the overarching issues raised by these amendments.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I am delighted to follow the noble Baroness, Lady Hamwee, I support a number of the comments she made and I look forward to the answers. I particularly support the amendments in the group in the name of the noble Baroness, Lady Burt, and the noble Lord, Lord Rosser, signed by my noble friend Lord Cormack and others. At another time and in another place, I chaired a Select Committee—on a completely different subject from that before us today—and the annual reports from organisations such as, in this case, the domestic abuse commissioner, are extremely important to Back-Bench Members of Parliament, giving them the opportunity to debate and scrutinise the work undertaken by these bodies.

I believe that these amendments are extremely important. To be honest, I do not know what the situation is if a report is simply made to the Secretary of State, rather than being made more freely available. If a report is made to Parliament, then Parliament and Select Committees have the right to debate it, either in Select Committee or on the Floor of the House, depending on the importance of the contents and of that particular body. I also underline that in other Bills that have come before the House in recent times—looking forward to Committee on the Environment Bill, I am sure this will be commented on again in respect of the Office for Environmental Protection—it is essential that a body such as the domestic abuse commissioner should operate independently of the Secretary of State and the department.