(2 years, 8 months ago)
Lords ChamberThe noble Lord is right. Community and volunteer groups of all shapes and sizes play an important role. Since April 2020, we have continued to grow the membership of the Tackling Loneliness Network to over 150 members. Last year, we published our Tackling Loneliness Network action plan, setting out actions that members of the network committed to take to tackle loneliness during the pandemic. We will continue to review that and see how that work can be furthered.
There can be no more lonely experience than that of CFS/ME sufferers, for whom crushing fatigue is just one of a long list of symptoms that interfere with—and I would say prevent—normal social interactions. NICE recently issued guidelines for CFS/ME sufferers. Will the Minister agree to contact NICE to see if it would consider adding a section on loneliness for these particular sufferers—as I understand it, it did not include that issue within its guidelines?
I shall follow up that point with my honourable friend Nigel Huddleston and colleagues at the Department of Health. The noble Baroness is right: we know that people with long-term health conditions are significantly more likely to report feeling lonely. Through our loneliness funding, we have supported groups that work with people with disabilities and long-term health conditions to support them to feel more connected, including Mencap, the National Autistic Society, the British Deaf Association and the RNIB, to name just a few. I will follow up the point that she makes about NICE as well.
(3 years, 7 months ago)
Lords ChamberNoble Lords are aware that Amendment 40B seeks to create a data-sharing firewall, so that the personal data of victims of domestic abuse that is given or used for the purposes of their seeking or receiving support is not used for immigration control purposes. Amendment 40C introduces a conditional commencement procedure, so that the firewall comes into force only once the review into current data-sharing procedures has been completed and following a vote in both Houses.
While I appreciate the case that the noble Baroness, Lady Meacher, and other noble Lords have been making, the Government remain of the view that Amendments 40B and 40C are premature, pending the outcome of the review of the current data-sharing arrangements, as recommended by the policing inspectorate following its December report on the super-complaint from Liberty and Southall Black Sisters.
In an effort to meet the noble Baroness half way, the Government tabled Amendments 40D, 40E, 40F, 40G, 40H, 40J and 40K in lieu to which the Commons has agreed. Amendment 40D places our review of data-sharing arrangements on to a statutory footing, with a duty to lay a report before Parliament on the outcome of the review by 30 June, a little over two months away.
In addition, Amendment 40E confers a power on the Secretary of State to issue a code of practice relating to the processing of domestic abuse data for immigration control purposes by specified public authorities. Persons to whom the code is issued, notably the police and Home Office immigration staff, would be required to have regard to that code. I assure the noble Baroness, Lady Meacher, that although the new clause provides for a power rather than imposes a duty to issue a code, it is the Government’s firm intention to issue such a code, following the completion of the review. Noble Lords will note too that Amendment E also places an obligation on the Secretary of State to consult the domestic abuse commissioner, the Information Commissioner and others before issuing the code.
We are on track to publish the outcome of our review by the end of June. As part of our review, we have given a commitment to engage with domestic abuse sector organisations and the domestic abuse commissioner to better understand concerns about why migrant victims might not feel safe in reporting their abusers to the authorities for fear of enforcement action being taken. We have tabled amendments, now agreed by another place, to place the review on to a statutory footing and to provide for a statutory code of practice relating to the processing of domestic abuse data for immigration purposes.
I hope noble Lords will see that we have listened and acted. I ask the noble Baroness, Lady Meacher, and the whole of your Lordships’ House to support Motion B.
My Lords, I shall respond to the Minister and the Government’s amendment on the safe reporting of crimes by domestic abuse victims who have uncertain immigration status. I am very grateful to our Ministers for their sympathetic handling of this Bill and for the incredibly helpful meetings that we have had with all of them in previous weeks, and to the Government for tabling the compromise amendment. Of course, it does not achieve the reassurance that we sought with our original amendment, but it paves a way forward that could help these most vulnerable of women.
I welcome the fact that the report on the government review of this issue will be laid before Parliament and that this is put in statute by the Government’s amendment. That is definitely a step forward. I hope that the Minister can assure the House that the review will seek to identify the depth of fear of many of the victims of concern here. That is important—about half do not report crimes because they are too frightened, in particular in situations of modern slavery, for example. A concern in the field is that the six-month possible extension for the publication of the review could be used by the Government to prevent anyone making progress in the meantime. Three months would be greatly preferable. Does the Minister have any comment on that? Do they really need six months to complete this? If it means that they will do a more thorough job, I suppose we must be grateful.
Turning to the code of practice, I am concerned about subsection (1) of the proposed new clause, which says that the Secretary of State
“may issue a code of practice”
rather than that they “shall” issue such a code. Again, I am grateful to the Minister for emphasising in his remarks that the Government have a clear intention to issue such a code. It would also be helpful if he could indicate in his closing comments a timeline for the code of practice and confirm its purpose—again, this is an important point—to provide protection from the immigration system for vulnerable victims of domestic abuse whose immigration status is uncertain.
The amendment makes it clear that the domestic abuse commissioner, the Information Commissioner and
“such other persons as the Secretary of State considers appropriate”
must be consulted in relation to this code of practice. I put on record the importance of consulting survivors and specialist organisations such as the Step Up Migrant Women campaign, which, incidentally, apart from doing a huge amount of work to support these women, has been a pillar of strength in the background, behind these debates in this House. It would be very helpful if the Minister could confirm that those survivors and organisations will be consulted. With the hope that the Minister can provide some assurance on these points, I will not oppose the Government’s Motion.
(3 years, 8 months ago)
Lords ChamberI thank the noble Baroness, Lady Meacher, and the other signatories of this amendment for setting out their case for a firewall so that the personal data of domestic abuse victims which are given or used for seeking or receiving support are not used for immigration control purposes. I was glad to have the opportunity to discuss the issue with the noble Baroness and the right reverend Prelate the Bishop of London, the noble Baronesses, Lady Hamwee and Lady Wilcox of Newport, and others after Committee.
While I appreciate the case they are making, the Government remain of the view that what is provided for in Amendment 67 would hinder the safeguarding of victims of domestic abuse and that it is premature given the process set out by the policing inspectorate following its report on the recent super-complaint about this.
I fully understand the sentiment behind the amendment, which is to ensure that migrant victims of domestic abuse come forward to report that abuse to the police and are not deterred by concerns that immigration enforcement action might be taken against them. As my noble friend Lady Williams of Trafford made clear in Committee, our overriding priority is to protect the public and all victims of crime, regardless of their immigration status. Guidance issued by the National Police Chiefs’ Council, which was updated last year, makes it clear that victims of domestic abuse should be treated as victims first and foremost.
The National Police Chiefs’ Council remains clear in its view that information sharing between the police and Immigration Enforcement is in the interest of the victim. Sharing information can help prevent perpetrators of abuse coercing and controlling their victims because of their insecure or unknown immigration status. In such circumstances, bringing the victim into the immigration system can only benefit them. This amendment would prevent that and could cut against other assistance that can be provided to domestic abuse survivors.
It might assist the House if I give one example of the possible unintended effects of this amendment. We will shortly be debating Amendment 70 in the name of the right reverend Prelate the Bishop of Gloucester. That amendment seeks to expand the destitute domestic violence concession so that any migrant victim of domestic abuse can apply for temporary leave to remain while making an application for indefinite leave to remain. I will leave the debate about the merits of Amendment 70 to my noble friend and the debate which will follow. For the purposes of this debate, I submit that an application under the destitute domestic violence concession is, in the words of Amendment 67, a request for
“support or assistance related to domestic abuse”.
Under this amendment, the Home Office could not lawfully process any application under the DDVC because the applicant’s personal data could be used for an immigration control purpose. I fully accept that that is not what the sponsors of this amendment have in mind but, were it to be added to the Bill, I fear that would be one effect.
More broadly, I hope that noble Lords will understand that the Government are duty-bound to maintain an effective immigration system, not least because of their obligations under the Immigration and Asylum Act 1999, which permits the Home Office to share and receive information for the purposes of crime prevention and detection and effective immigration control. As such, it was particularly disappointing to hear the noble Baroness, Lady Wilcox of Newport, say that the Labour Benches would vote in favour of this amendment, were it put to a Division. We have an obligation to protect our public services and to safeguard the most vulnerable people from exploitation because of their immigration status.
The public rightly expect that people in this country should be subject to our laws, and it is right that, when people with an irregular immigration status are identified, they should be supported to come in line with the law and, where possible, to regularise their stay. Immigration enforcement staff routinely help migrant victims of domestic abuse and other crimes by directing them to legal advice to help regularise their stay.
Articles 6 and 9 of the general data protection regulation and the Data Protection Act 2018 provide the statutory framework within which this information is exchanged. I remind noble Lords that the Government are committed to reviewing the current data-sharing arrangements in relation to victims of domestic abuse.
It was not very long ago that, in the Policing and Crime Act 2017, your Lordships’ House approved legislation establishing a system of police super-complaints. The first super-complaint to be considered under this new system was on this very issue. The outcome was published by Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services in December 2020. It made eight recommendations in total: five for the National Police Chiefs’ Council, two for the Home Office and one jointly shared between them. HMICFRS said that the Government should respond within six months—that is, by June—and we are committed to doing just that. However, having legislated for the super-complaint process, we should not now undermine it by not allowing it to run its proper course.
It is only right that we take account of the recommendations in the report in proper detail. In response to the report, we have committed to reviewing the current arrangements, and, as I have said, we will publish the outcome of the review by June. The right reverend Prelate the Bishop of London lamented the fact that this would be too late for this Bill, but I reassure her that it is highly probably that the outcome of the review can be implemented through further updates to the National Police Chiefs’ Council guidance or other administrative means—so action can be taken swiftly.
We understand the concerns that have been raised about migrant victims who do not feel safe in reporting their abusers to the authorities for fear of enforcement action being taken. The noble Baroness, Lady Meacher, has proposed undertaking further research into the experiences of this cohort of victims, which we are committed to doing. We will engage with domestic abuse organisations to understand those concerns and assess what more we can do to allay those fears. We welcome the input of all noble Lords as we conduct this research.
In conclusion, while we understand the concerns that lie behind it, we respectfully believe that this is the wrong amendment and at the wrong time. If adopted, it would prevent victims of abuse from obtaining the support that they need, whether under the DDVC or other routes, and it prejudges the outcome of the super-complaint process, which was endorsed by your Lordships’ House just four years ago. I would be glad to undertake to keep the noble Baroness, Lady Meacher, and others informed about the progress of the review and to discuss its conclusions with them. On that basis, I hope that they might yet be willing to withdraw their amendment today.
My Lords, I thank most of all the many noble Lords who have contributed so powerfully in support of Amendment 67. I also thank the Minister for his response, but I do not accept at all his view that it would reduce the support or protection for victims of domestic abuse. It very clearly talks about the information process
“for the purpose of that person requesting or receiving support or assistance”.
Obviously, that information being passed from the police to the immigration officials would be unacceptable under this amendment. On the other hand, if the victim were to go to the immigration officials with a representative and with their information, saying, “I want you to sort out my immigration status”, the immigration officials could of course proceed absolutely without any problem. As such, this is a bit of dancing on a pin, if I may put it that way. Basically, I do not accept that at all.
The Minister referred to working to allay the fears of victims of domestic abuse. This is not about allaying fears; it is about removing a very real risk for these very vulnerable victims of domestic abuse. As such, simply trying to allay fears really does not deal with the problem at all.
The Minister suggested keeping us informed; certainly, that would be helpful, and I hope that Ministers would do that. However, in view of the very disappointing response of the Minister, I want to test the opinion of the House.
My noble friend makes a very topical point. She will have seen our right honourable friend the Prime Minister’s speech on this very issue on Tuesday, when he talked about the new lifetime skills guarantee and addressing the gulf between so-called academic and so-called practical education. As he said, we want to end that bogus distinction between HE and FE. It is particularly topical because my right honourable friend the Secretary of State for Education is making a Statement on it in another place with further detail as we speak.
My Lords, following the excellent example of the noble Baroness, Lady Randerson, instead of locking up students and placing security officers outside their doors, does the Minister agree that students in Covid hotspots should be prioritised for double testing, whether or not they have symptoms? If they tested negative, they could get on with their lives; if positive, they would of course need to self-isolate. When will that be possible?
As I said, we are prioritising testing. On double testing, I am afraid I cannot say more, but we will certainly take that back and reply more fully to the noble Baroness. Decisions on what measures are applied and where have to be made by local public health teams, based on the information that they receive through NHS Test and Trace. Universities themselves are not decision-makers there. As I say, we are asking the same of students as we are of any other adults around the country in these trying times.