(8 months, 1 week ago)
Lords ChamberMy Lords, I rise because of the speech of the noble Lord, Lord Hodgson. He suggested that those of us who have worries about the Bill are in some way wanting to stop anything of this kind. I want to make it clear that I do not have a theological or philosophic objection to the concept that you might have a system to deal with these problems which involved some other country. My problem is fundamentally this: I hope that, in all the years as a Minister and as a Member of Parliament, I never told a public lie—and I am being asked here to tell a lie.
The Government have told us that Rwanda is not a safe place at the moment but is going to be one. Indeed, the Minister himself explained that to us. However, they are asking us to say it is a safe place now. At the same time, the Government are pointing to the Supreme Court and saying it is perfectly reasonable to disagree with it, because the information which we now have makes a decision now different in kind from the one that the court made, because it did not have that information. Evidently, it was perfectly right for the Supreme Court to say that it was not a safe place then, but now we are in a different position. However, the Government have not provided us with any of the evidence which makes that different position tenable.
All the Government have done is said: “We have signed an agreement. That agreement is going through, and we are in the course of ensuring that that agreement is carried through in Rwanda”. I do not much mind how we do this, but what I want to be able to do is to vote to say that Rwanda would be a safe place if all these things are carried through. I want to make sure that there is a mechanism for checking that.
I also want to make sure that, if things should change, we could deal with that—after all, Governments change. Africa has been known to have very significant changes. Indeed, the present Government of Rwanda are a very hopeful change from what they had before. We need to have a mechanism whereby, should the situation alter, we would be able to deal with it. Normally, the courts would be able to deal with it, but the Government have specifically excluded the courts. Therefore, we need to have something of this kind in the Bill. The mover of this amendment is absolutely right in saying that the amendments can all be carried through without holding up the passage of the Bill.
I want to ask my noble friend very directly: given that this is not going to hold anything up; given that he is going to allow himself to tell the truth, instead of not telling the truth and, given that he can allow me to tell the truth, why does he not just allow us to do it? Many of the other issues are of high political and legal concern. This is a terribly simple, basic fact. Will you allow us to say that Rwanda is a safe place, when you can provide the information to allow us to tell the truth? For goodness’ sake, let us tell the truth.
My Lords, I am standing to tell the truth. As a member of the Joint Committee on Human Rights, I was also in Rwanda very recently. We had a packed programme. Everyone we met told us that Rwanda is a safe country. This included women’s rights and the LGBT organisation, which told us that that is how they felt. We were also told that Rwanda has the largest LGBT community in Africa. Many people from that community flee neighbouring countries to go to Rwanda because they feel safe.
Critics also tend to overlook the fact that Rwanda has one of the lowest levels of corruption in Africa and that it is committed to the rule of law. It has more women participating in the labour market than in any country in Africa. The Supreme Court's decision, mainly based on the UNHCR report, failed to take any of those factors into account. The UNHCR representative we met admitted that Rwanda was at the forefront of improving its legal system and Rwanda was a safe country as such, but not safe enough to accept relocated individuals from the UK, as the current system was not capable or experienced enough to deal with them.
I need to point out that this was before the new agreement, in which a lot of the concerns of the Supreme Court have been addressed. She also pointed out that refugees from the UK came from different backgrounds to refugees from neighbouring countries. That comment was in direct contradiction to all the positive attitudes we witnessed. Everyone who we met expressed genuine readiness to accept and welcome the refugees coming from the United Kingdom.
The UNHCR representative’s conclusion, which I found most revealing, was that the UK should accept all immigrants arriving to its shores, rather than sending them off to Rwanda. But it is unrealistic to say that the UK has a responsibility to accept all asylum seekers, particularly if they come to our shores for economic reasons and line the pockets of traffickers. We are one of the most generous countries when it comes to refugees, but we have a responsibility towards our citizens, which includes securing our borders to ensure that no one takes advantage of our system.
Most of the people we met in Rwanda were surprised, if not deeply hurt, by the negative attention their country has received from both Houses and the media. I have to say that I was embarrassed. I felt that we are criticising a country that has had a terrible genocide and, in the past 30 years, has done so much to improve everything. It is so willing to accept new migrants. I was embarrassed. To be honest, Kigali is a beautiful city—I fell in love with it. It is clean, tidy and well organised. It has a young population full of optimism, looking forward to its future. I would not mind living there. I recommend that noble Lords who criticise Rwanda should go there, check for themselves and decide what they think, rather than making observations on hearsay and possibly—
The noble Baroness referred to the LGBT situation in Rwanda. Can she indicate to the House which LGBT organisation she met?
We met the Rwanda Women’s Network, which was very interesting. We also met the Hope and Care Organization, the Rwanda Men’s Resource Centre and My Rights Alliance. They campaign for LGBT rights.
I thank the noble Baroness for that and will not detain the House any longer, but it is important to put this on the record. I say this with some knowledge of Rwanda, having been the chief election observer for the European Union in Rwanda in 2008, with subsequent knowledge since. The noble Baroness quoted the Hope and Care Organization, which does do a great deal of work. But I thought your Lordships should be aware of a recent quote. I will not name the individual, for fear of placing anyone at risk—but it is in my records if anyone needs it. It reads:
“Homosexuality is not criminalized in Rwanda, but many LGBTI people keep their sexuality and gender identity secret in an attempt to avoid rejection, discrimination and abuse, which in the long run inevitably denies them their basic human rights”.
I am not LGBT, so I have no idea, but from the evidence we heard it seems to be a little frowned upon among the older generation or in the countryside—probably like in the United Kingdom. But, in Kigali, the capital, we were told that two men walking in the street holding hands is absolutely fine. This was the report we received.
Again, I shall not detain the House, but I shall refer to this situation and the expression of one’s sexual identity in a later grouping—the fifth grouping. I thank noble Lords for their patience.
(1 year, 4 months ago)
Lords ChamberMy Lords, I, too, welcome this important debate and the excellent speeches we have heard so far. I shall express my concern about the alarming increase in violence against women and girls due to gender identity ideology, as the noble Baroness, Lady Fox, highlighted so well.
At first, we took it as being inclusive and kind, but in the space of a few years, it has become a dogma which we should all accept without questioning its validity. This ideology alleges that biological sex does not exist and that males can become females and females males. As a result, women and girls, as my noble friend Lady Stedman-Scott clearly said, are no longer safe in female-only spaces as biological men who identify as women, despite having full genitalia, are allowed into them.
Even our language has been altered. We are no longer referred to as women, but as “adult persons”. We have been given new labels, such as “cis”. We are no longer breastfeeding our babies but are neutral “chest feeders”. Only biological men who identify as women seem to be allowed to use the word “women”. They are calling themselves “transwomen”. The irony is that, as Matt Walsh’s documentary, which I highly recommend, has revealed, those who have endorsed this theory that transwomen are women cannot actually define what a woman is. This is quite a conundrum. Talk about a circular argument!
Since the beginning of time, no one has dreamt of disputing the indisputable: the fact that sex is binary and immutable. Human beings cannot change their sex, yet today, anyone who dares question gender ideology is instantly labelled as a bigot or transphobic. This is not party political. It is not right wing versus left wing. This is indoctrination of the masses by a small group of activists. It is reminiscent of oppressive regimes such as Communism and Nazism. While I shy away from drawing direct comparisons, it is disconcerting to witness a similar pattern emerging in our society and how, as happened then, our children are being indoctrinated with a single truth based on ideology rather than factual evidence. We have all read recent reports of children being taught that there are hundreds of genders and that anyone can identify as anything they want—human, animal or object. This is not only dehumanising but is pushing children towards experimental surgery that has long-term and irreversible consequences.
Of course, we must be compassionate and understand that some children’s biological sex is a great source of distress for them, and of course they should be protected and helped, but it is not those children I am talking about. I am talking about children who may simply be going through the often difficult stages of puberty being told that their problems will be solved and disappear if they change sex. As many noble Lords have pointed out already, those children are being exposed to violent pornography and it is not surprising that, as a result, some of them reject the idea of womanhood and seek to escape their own bodies.
Is it not time to investigate how pharmaceutical companies are able to rack up billions while our girls are being mutilated? Is it not time to act to protect our women and girls against this form of violence? Does my noble friend not agree that it is the responsibility of our Government and legislature to make sure that children do not end up mutilating their bodies? Does he not agree that the Equality Act 2010 must be updated to clarify the definition of sex?
(2 years, 7 months ago)
Lords ChamberI can confirm that checks are being carried out as we speak on sponsors before refugees arrive in their homes, and that local authorities will be carrying out further checks in the weeks to come.
My Lords, I too welcome my noble friend Lord Harrington to the Front Bench. On the previous question about languages, given that not all Ukrainians’ first language is Ukrainian, can the Minister assure us that there will also be a Russian translation?
I cannot give my noble friend that undertaking because I am not sure, but I will know within minutes of sitting down what the answer is. We have certainly ensured that there are welcome signs and packs available at the airports for those who need Russian. However, we have been told that many Ukrainians are quite offended by the use of the Russian language, so we have to be careful.
(2 years, 8 months ago)
Lords ChamberMy Lords, when history books are written, the United Kingdom will be judged as much by its humanitarian response as by its supply of weapons to Ukraine. Can my noble friend the Minister assure the House that instructions on how to apply for visas are written in clear English, in Ukrainian and in Russian, and that the new online service will not crash as soon as it opens on Tuesday?
I can certainly undertake to do that for my noble friend.
(2 years, 8 months ago)
Lords ChamberI think that what the noble Lord has done is outline how the people of Ukraine would actually like to get back to Ukraine. His suggestion about small charities that are able to help, whether here or in Romania, is really sensible. In terms of the numbers crossing into Romania, I cannot verify those figures, but I am absolutely sure that it must be a very high number indeed. On the subject of the morning briefings, he must be able to lip-read, because my noble friend Lord Ahmad and I were in fact talking about that just before we stood up.
My Lords, given the extraordinary nature of our times, exemplified yesterday by the eloquent and historic address by President Zelensky, might the Home Office not rise to the moment and welcome Ukrainian refugees in Calais with open arms, instead of chips and KitKats?
(2 years, 10 months ago)
Lords ChamberMy Lords, I rise to speak against this amendment. We should remind ourselves that when we talk about trans women and trans men, we are talking about men and women who have faced very difficult choices about their identity and whom they believe themselves to be. Once they face that choice and make the decision, the transition is a very lengthy process and, again, it is not undertaken lightly because, as we have heard, so often it leads to gender reassignment.
I occasionally go on Twitter. I have read the tweets and received messages from people who, in relation to what we are discussing tonight, have said that if they thought that they were going to prison as a trans woman or a trans man, they would rather commit suicide than face what they believe would be inhumane treatment within the United Kingdom Prison Service. We have to deal with these fears. We are being asked to deal with fears on both sides of this argument, and I want us to deal with both equally. The balancing of rights always poses for us the greatest problem, but I believe that the Ministry of Justice, in its policy on assessing trans prisoners, has got it absolutely right.
It is late and we have other important work to do, so I will begin to wind up. But I wish to associate myself wholeheartedly with the comments of the noble and learned Lord, Lord Hope, and the noble Lord, Lord Pannick. I could go through the policy section by section stating why I believe it is right. I am not going to do that, but if your Lordships wished to return to it, I would do so.
I will finish with these reflections. This amendment, even though it has been placed in good faith and, as the mover said, with good intention, deeply concerns me because it perpetrates the stereotype of trans women and trans men as sexual predators—as a threat to other women, and trans men as a threat to the wider society. It also, as was said in debate on the previous amendment, creates further inequalities; it does not reduce them.
My Lords, I support this amendment, and the first thing I want to say is that we are talking only about men who have not transitioned to women, which is quite different.
Although we have come a long way since the 2007 Corston report to improve conditions for women in prisons, we are now failing them. Indeed, something has recently gone badly wrong. Women prisoners have a right to the security of a single-sex space. By definition, women are deprived of this security if men are admitted to their prison, including trans women prisoners of male sex, whether or not they have the benefit of a GRC. By the same token, a women’s prison is no place for vulnerable at-risk males. Prison policy must provide for the protection of everybody, and this amendment makes that clear.
How then have we allowed prison policy to be captured by a concern for the protection of trans prisoners at the cost of imprisoned women’s most fundamental rights? There is no balance or fairness in that. The answer of course is that government departments have allowed themselves to be influenced, even intimidated, by noisy and modish pressure groups, whose wilful ignorance of basic science has all the features of a cult.
I have never visited or been to a prison, but as a woman I can imagine how it must be to be incarcerated and threatened. On this note, I very much support this amendment and thank my noble friends Lord Blencathra, Lord Farmer and Lord Cormack for tabling it.
My Lords, I have visited a number of prisons, both women’s prisons and male prisons. I have also sat where the noble Lord, Lord Wolfson, sits and answered a number of difficult questions about where you house those who have transitioned, or purport to transition, usually from the male gender to the female gender. It is an incredibly difficult task that the Ministry has to perform, and it requires assessment and nuance. As a young barrister, I had the privilege of representing April Ashley, a pioneer in this field who died about three weeks ago. She changed from a man to a woman after pioneering surgery in north Africa and had lived successfully as a woman for 30 years when she was arrested by the police and thrown into a male jail. She was philosophical about the unfair charge, but less philosophical about the desperately inconsiderate approach that was shown by the police.
(3 years, 8 months ago)
Lords ChamberMy Lords, I rise to speak to the amendment tabled in my name and kindly supported by the noble and learned Lord, Lord Mackay of Clashfern, the noble Baroness, Lady Altmann, and the noble Earl, Lord Lytton, which I very much hope the Government will consider positively.
The reason I was sent to this House was my 19 years of work on family and children’s issues. Every day for nearly two decades I stepped through the wreckage of relationships destroyed by one parent poisoning the mind of a child against the other parent. Sometimes the abuser was a man, sometimes a woman. The gender was irrelevant. The horrific irony is that all parties—the abuser, the abused and the child—end up victims in their different ways, with lives wrecked and psychological damage beyond measure. For some the only way out is suicide. The Government say that there is no need to include an amendment as this form of abuse is already covered by implication in the Bill. But why should it be covered by implication and not explicitly?
In Clause 1(4) there is already detailed reference to “economic abuse”, by which one partner or spouse seeks to use money to coerce and control the other. How can economic abuse merit mention when the weaponising of children for the purpose of coercion and control by one parent over the other goes unmentioned? No one has put it better than the distinguished family court judge, His Honour Judge Stephen Wildblood QC, who said
“The problem with Parental Alienation is that it’s not about the child at all. It is about the adults … It’s using children as an instrument of that parent’s skewed emotions.”
In my book, there are few forms of domestic abuse more callous and damaging than that. Are we to draw the conclusion that money matters more than the lives and souls of the victims of domestic abuse—men, women and children? That surely cannot be the case.
This has nothing to do with creating a hierarchy of behaviours, as the Government fear. It is to ensure that through an Act of Parliament the issue of children as the victims of domestic abuse is not buried under a barrage of gender politics and misinformation. This debate needs to be broadened, not narrowed. There is a crying need for the justice system to be better equipped to distinguish between false and authentic accusations of alienation: between children who for good reason do not want to see one parent, and children who have been indoctrinated to say so. As the noble and learned Baroness, Lady Butler-Sloss, put it in our previous debate:
“A little more time might be spent teaching magistrates, district judges and circuit judges a little more about it”.—[Official Report, 25/1/21; col. 1403]
“It”, of course, is parental alienation.
There is the rub: the dreaded words “parental alienation”. I regret to say that rational debate around this term has been made well-nigh impossible by the controversy and emotion that it attracts. That is why my amendment, instead of using the term, in effect describes what my supporters and I mean by it—that is,
“a parent’s behaviour deliberately designed to damage the relationship between a child of the parent and the other parent.”
Seen in that light, I cannot believe that any reasonable person can object to our amendment.
Of course I have every sympathy for women who fear that men will use parental alienation as a defence against well-founded claims of abuse. The last thing that I want to do is to make life easier for an abusive and dishonest man—to the contrary: I believe that our amendment, far from disarming women victims, will strengthen their defences. But it is plain wrong to assert that so-called parental alienation is a stratagem used exclusively by men against women. For example, Judge Wildblood was reported as saying in 2019 in an alienation case that the children would suffer “significant and long-term” emotional damage, adding that
“the cause of that harm lies squarely with this mother”.
Alienation exists; to deny it would be to deny that the earth is round. More to the point, noble Lords have all seen the petition signed within a matter of weeks by over 1,400 fathers, mothers and grandparents, begging the Government to hear their voices and to include in the Bill a reference to this vile form of abuse. Every day I receive emails asking for that. If that is not persuasive enough, I have an abundance of proof in hundreds of peer-reviewed research papers and scholarly articles, to be found in the written evidence that I have circulated. This body of work comprehensively refutes the so-called expert advice submitted to the Ministry of Justice—advice that says on the one hand that there is no such thing as parental alienation and on the other that it benefits men only.
This is a Bill that, if it becomes law, will deeply determine the well-being and mental health of families across the land for years to come. It is therefore vital that we have complete clarity about its intent and reach. Can my noble friend the Minister agree that the family courts would benefit enormously from having parental alienation defined in law? Can she further agree that the use of children as a weapon in adult conflicts is a form of child abuse and that this matter should fly above all politics and issues of gender, since it equally affects men and women, their children and their wider families? Lastly, can she confirm that parental alienation will remain in the final version of the guidance to the Bill and that Cafcass—that is to say, the experts and not the ideologues—will play a central role in advising the committee that will examine the guidance? I beg to move.
My Lords, first, I would like to thank those who put their names to my amendment: my noble and learned friend Lord Mackay, my noble friend Lady Altmann and the noble Earl, Lord Lytton. I also thank everybody who spoke today, particularly those who spoke in favour of the amendment. It has been a very interesting debate and I thank everybody for participating.
In the light of the conclusions reached, I now realise that my job has not been done whatsoever. There is still a huge misunderstanding about the point of my amendment and what parental alienation—call it what you like—is about. We are talking not about false allegations but real allegations. We are talking about parents who have been abused by the other parent using the child; this is a terrible form of abuse.
Listen to the London Victims’ Commissioner, who has actually been attacking all the mothers and fathers talking about parental alienation; look at the Twitter war that has been going on; it has been very ugly. I am really hurt that people say that you have to listen to the victims, but they are choosing which types of victims. Hordes of parents, some of whom are probably listening now, have been emailing me and signing letters saying, “Please stand for us”. Their voices are not heard.
I am really disappointed that the Government have not listened and understood what I was trying to do. I understand that some mothers are worried that this could be used against them, but, as everybody has said, the courts could make a decision. The courts obviously need a bit more training but because this issue is so complicated, we also need to involve psychiatrists.
There is a deep misunderstanding about what constitutes an alienated—or whatever term you use—child. Usually, those children have been separated from and have no access whatsoever to one of their parents, and their parent is constantly telling them that the other parent does not love them. Some have even been told that their other parent is dead. In my submission I had letters about people who committed suicide and letters from parents of children who committed suicide.
I hope that, as a minimum, the Minister can guarantee that this issue is going to be addressed in the guidance. More debate and conversations need to take place, because it needs to be understood better. In the light of the evidence before me, I will withdraw my amendment, but I very much hope that something will be done. I will probably come back to this issue because I have fought for it for 19 years and I have still not communicated what it is really about. I think I still have a war ahead of me. However, I beg leave to withdraw the amendment.
My Lords, I thank the noble Baroness, Lady Stroud, for leading on these amendments, with the aim of highlighting the impact of domestic abuse on babies, including exposure in utero, and to meet the needs of babies and parents in the first 1,001 days before babies reach the age of two. We know that domestic abuse often starts or escalates during or soon after pregnancy and that it is correlated with other risk factors for babies and their families. Domestic abuse during pregnancy is associated with poor obstetric outcomes and is a strong risk factor for ante-natal and post-natal depression. We now know that a mother’s emotional state can have a direct influence on foetal development. I remember being shocked the first time that I saw the brain scans of such children, only visible to us as researchers in the last 20 years. The ongoing stress of domestic abuse can disrupt babies’ neurodevelopment, which in turn can adversely affect behaviours and emotional outcomes.
My noble friend Lady Finlay has outlined the issues relating to alcohol and domestic abuse so ably that I will not repeat her arguments, but I declare my support for her analysis. Early intervention is crucial for babies born into such circumstances, to support and work with families to break traumatic development cycles. The Institute of Health Visiting is strongly supportive of these amendments, to safeguard against, prevent and address the traumatic impact of domestic abuse on babies.
My noble friend Lord Bird often reminds us that investment of the public pound early in any abused child’s development is a far better investment than significant input in later life. These amendments are designed to address what has been described as the “baby blind spot”. I urge the Minister to seriously consider these amendments and support their incorporation into the Bill. They are designed to safeguard the early development of all babies and to provide therapeutic intervention to empower parents who have experienced abuse themselves to break the cycles of domestic abuse, surely something that we would all support.
My Lords, I support Amendments 7, 8 and 9, tabled by my noble friend Lady Stroud. Why? Because unborn children and small babies are as much at risk of domestic abuse as any other child, yet they have been largely excluded from this Bill. There seems to be no specific reference to them.
A very recent research paper published by the First 1001 Days Movement highlighted the fact that there are “baby blind-spots” in policy, planning and funding, where protections for children often do not work for babies. As my noble friend Lady Stroud mentioned, 30% of domestic abuse cases begin during pregnancy. That is a big number, but it is hardly surprising.
The prospect of having a child radically changes the dynamic in a relationship. The partner is suddenly faced with new responsibilities, both financial and emotional. Maybe the pregnancy was never discussed and comes as a complete surprise. The partner may feel duped or resentful, trapped in a relationship he never intended.
As we have heard throughout these debates, domestic abuse can take many forms. But just imagine how it feels when, at your weakest and most vulnerable point—which is how most women feel when pregnant—you are confronted by a partner intent on abusing you. When I was pregnant with my sons, I remember worrying that somebody would bump into me on the tube or I would fall and somehow injure that little being growing inside of me. I used to walk with my arms in front of me, shielding my stomach and my unborn child; it is a mother’s natural instinct. Imagine how frightened and helpless a mother must feel if her partner is a constant threat, not only to her but to her baby.
I remember my mother telling me when I was pregnant that I should only read happy stories, watch cheerful movies and listen to soft music. She strongly believed that the child absorbed everything its mother experienced and that this would affect the child’s development. Today it is an established fact that a baby’s development is as much affected by the mother’s emotional state as by what she eats and drinks, as we heard earlier.
As the First 1001 Days Movement attests, these are decisive moments in the life of a baby. Emotional abuse of the mother can damage the mental or physical health of the child, while physical or sexual abuse can lead to miscarriage. These soon-to-be-born human beings cannot be consigned to the category of “out of sight, out of mind”. If this is to be a piece of landmark legislation, our duty is that much greater to ensure that it recognises babies, the very young and the unborn. That is why I support the amendment.
My Lords, I support all the amendments in this group. I declare my interests as an officer of the All-Party Parliamentary Group for Conception to Age Two, and, like the noble Baroness, Lady Stroud, I have the privilege of being a member of Andrea Leadsom’s taskforce. We will be producing our findings imminently. I did not speak in Committee because, frankly, I thought I would leave it to people who know rather more about it than myself, including many contributors who have given birth. While I am capable of many things, that is one thing I am not capable of.
I studied the Minister’s answer in Committee very carefully and was not hugely impressed, so I was intending to stand up this afternoon and be slightly critical. However, I have had a quiet word beforehand with the noble Baroness, Lady Stroud, and in the Chamber one has a great advantage: I was able to see the body language of the Minister when the noble Baroness, Lady Stroud, was making some comments, and it was extremely positive. I do not think those of us in the virtual world can see that—one of the benefits and privileges of being in the Chamber. Having studied the answer very carefully, I thought that what came out of it was something that concerns me and is worth flagging up.
The Minister tried to reassure us that all children will benefit from the Bill and that new guidance, which may be issued by the Secretary of State—it does not have to be—will cover all children, including those in utero. She then talked about the existing guidance which has been in place for some time. The Working Together to Safeguard Children initiative makes it clear that local authorities must have protocols in place to assess the needs of children in utero. She also specifically mentioned Section 47 inquiries under the Children Act 2004, which allow for a child protection conference if there are concerns for an unborn child.
(3 years, 9 months ago)
Lords ChamberMy Lords, I rise to speak to Amendments 2 and 4. I thank the noble Baronesses, Lady Altmann and Lady Watkins of Tavistock, and the noble Earl, Lord Lytton, for their support.
I would like to start by telling you a story. In 1994 a mother—a British citizen—sent her two sons aged nine and seven to spend their holiday with their father in Germany as per their custody agreement. The children never returned. After four months of separation, in which the father blocked all contact between mother and sons, even on the telephone, they met again at a German family court. The older son greeted the mother by hitting and kicking her. The younger son turned his head away and refused to look at her. When they had set out for Germany, they had been normal loving sons.
This was the beginning of a long separation that lasted for nine years—until the day when the older son, having reached his majority, came to London with his younger brother to see the mother. During those nine years, the mother had a few snatched meetings with her children—a total of 24 hours and always in Germany in the presence of a third party. The children were not allowed to visit her, and the mother was never allowed to reach them on the telephone, even to wish them a happy birthday or a merry Christmas.
The mother went to the courts time and again to find justice—to no avail and to her financial ruin. She was repeatedly blocked by the argument that her sons did not want to see her any more. The argument was sustained by the children’s apparent hostility towards the mother, a hostility instilled by the father’s relentless denigration of the mother and her family.
That mother was me. This is the reality of parental abduction: my lived experience. Today, unlike many fathers and mothers who have suffered in the same way, I am happily reunited with my sons. But make no mistake—it has been a very difficult road. It took more than our years of separation to repair our relationship, and it has scarred me for life. It also led me to create a charity to fight the evil of missing and abducted children and the use of children as weapons of war by one parent against the other. These campaigns led me to be appointed to this noble House and compel me to address this issue today.
There is much debate about parental alienation. Cafcass, which has first-hand experience of dealing with children, defines it as a situation where
“a child’s resistance or hostility towards one parent is not justified and is the result of psychological manipulation by the other parent.”
It is precisely this type of psychological manipulation that should be explicit in the Bill. Parents in abusive relationships should not have to endure what I did, and neither should their children; that is the purpose of these amendments.
There is an argument that these matters fit better in legislation dealing with child abuse. I do not agree—we must distinguish means from ends. The Serious Crime Act 2015 condemns coercive, controlling behaviour in a relationship; what behaviour could be more coercive and controlling than a parent using a child as a means to overwhelm the other parent? It is domestic abuse, fair and square. As his Honour Judge Stephen Wildblood QC put it:
“The problem with Parental Alienation is that it’s not about the child at all. It is about the adults. It is about adult issues. It is not child-focused ... It’s using children as an instrument of that parent’s skewed emotions; it is in every sense wrong”.
I am aware that some in this House are concerned that parental alienation is used by men as a tool to silence victims of domestic abuse, but that is why we have judges: to give careful consideration to all the evidence and distinguish truth from falsehood. Section 1 of the Children Act 1989 tells us to treat the child’s welfare as “paramount”. How can judges possibly do that if they cannot tell the difference between a genuine case of parental alienation, another concocted by an abuser-parent and yet another where a child is justified in accusing a parent of abuse?
I agree with the noble Lord’s very balanced view. It is absolutely right that we do not undermine what is very good legislation by acting in haste and regretting at leisure. The case study the noble Lord outlined was in the back of my mind as well.
My Lords, I have made so many notes that I do not know where to start. I thank all those who spoke very kindly, particularly those who support my amendments. Listening to the people who oppose them was really interesting. It made me realise how some people are quite misinterpreting their purpose. They are not about disarming women confronted by abusive men—quite the opposite; I am such a woman. False accusations are quite a different issue.
As I mentioned, it is for the courts to decide in their investigation or fact-finding hearings whether a situation is parental alienation, purposefully done by one parent using the child as a tool against the other. I do not know whether noble Lords can imagine how that feels. I know that the noble Baroness, Lady Bennett, said that she was in a situation like that, but it probably was not very much; it was probably a grandmother telling her that her mother was not very nice. However, many children are indoctrinated. Some people talk about children being in a cult, being constantly and continuously indoctrinated by being told that the other parent and the other family are bad. Those children live in fear of the disapproval of the parent who is alienating them.
The point I am trying to make is that parental alienation is about control; it is about one parent wanting to control the other. This is coercive behaviour. We might regret refusing to include parental alienation in the Bill because we would put children most at risk. My noble friend Lady Helic said that there is no data to prove parental alienation. I believe that there is, because many people are talking about it and are worried about it being used in some cases. Thousands of studies have been done, and I can gladly send them to the Minister. Noble Lords talked about Dr Gardner, who has been dead for 20 years. He was talking about parental alienation syndrome, but things have moved on since then. The fact that he came up with one idea that was then, properly, rejected does not mean that all the other research done afterwards is invalid.
I understand that some people feel very strongly that this is misused, but I go back to the point that it would be up to the courts. That is why we have courts and why, as the noble and learned Baroness, Lady Butler-Sloss, said, it is very important for more judges to understand what parental alienation is about. This is why we have Cafcass, and why this is recognised and in law in many countries. I do not know why we are having such a strong debate against it here. It fits in the Bill because it is used against one parent. Imagine being the parent against whom it is used: you are in a terrible position because your child dislikes you, he objects to seeing you and you cannot force the situation because you will upset him even more. It is a very efficient way to control one parent.
Lastly, the guidance will not help judges because it is not statutory. If parental alienation is just in the guidance it will not help to solve the issue earlier on.
I hope that the Minister and her department can talk with me about parental alienation to find another way to include it somewhere in the Bill—not in the guidance, but somewhere more prominent—and to make it clear that this is not anything to do with gender. I very much fear that this whole debate against parental alienation and a lot of stuff in the Bill are gender biased; there are male victims. I am talking here about children. I hope the Minister will accept discussing this further, so that we can find another way to include it in the Bill.
At this time, I beg leave to withdraw the amendment, but I look forward to coming back to it at the next stage.
(3 years, 10 months ago)
Lords ChamberMy Lords, first, I pay tribute to the right honourable Theresa May for introducing this Bill. She has been a tireless campaigner and champion on this issue.
I have long been concerned that, when people talk of domestic abuse, their frame of reference is exclusively adults. Unfortunately, children are the collateral damage from an abusive adult relationship. I therefore welcome the Government’s amendment to include in the definition of domestic abuse victims
“a child who … sees or hears, or experiences the effects of, the abuse, and … is related to”
the individuals. This is a step forward but it is not enough. It does not capture the full horror of when the abuser parent uses the child as their weapon of choice.
In my almost 20 years of running a charity, I saw this happen time and again. The abuser will typically put pressure on the child, denigrating the other parent or telling the child that the other parent does not love it anymore. Indoctrination of this kind, as easily perpetrated by an abusive father as by an abusive mother—this is not gender related—is not just the poisoned fruit of a thirst for revenge. It is also deliberately intended to persuade the child to bear witness against the other parent in family court proceedings.
Of course, there are circumstances in which a child is fully justified in not wanting further contact with a parent, but I am talking about a situation in which a child’s hostility towards one parent is the result of psychological manipulation by the other parent. That is known as parental alienation. Just imagine the distress and confusion that it causes the child. Caught in a conflict of loyalty between the child’s two parents, the child is vulnerable and easily coerced into making false allegations in court, destroying the life and reputation of the abused parent and denying them all contact with the child for no good reason.
I have seen close up some of the devastating consequences of parental alienation, not only on adults but on the children themselves. I know of a 14 year-old boy who committed suicide because the pressure was unbearable. My charity produced several documentaries based on interviews with adults who had been alienated from one of their parents when they were children. They all suffered from severe mental health issues: feelings of guilt, low self-esteem, depression, lack of trust, fear of abandonment and many other symptoms. You may say that all this is child abuse, but when a child is converted into a weapon in an abusive adult relationship, is it really sensible to try to distinguish between domestic abuse and child abuse? Surely it is not. This is why I would like to put forward an amendment, which I very much hope the Government will consider positively.