Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Baroness O'Loan and Lord Morrow

Report stage
Wednesday 21st June 2023 Lords Chamber

[Baroness O’Loan (CB)]

My Lords, today, the Day of Reflection, was proposed many years ago by Healing Through Remembering. It is a very symbolic day, as noble Lords have noted, for families of victims, and we tonight, as they remember the dead and support the injured, are debating a Bill which takes away the rights they have under the law. They do not want the Bill; it is important to say that.

I thank the Minister for the amendments he has tabled that reflect my earlier comments during the passage of the Bill. On behalf of the noble Lord, Lord Hogan-Howe, who cannot be here today, I thank him for the meetings he held with the noble Lord and with me.

It may seem desirable—admirable, indeed—that the Minister has introduced a requirement in government Amendment 2 that the principal objective of the ICRIR in exercising its functions is to promote reconciliation. However, it seems to me that there may be a contradiction between the promotion of reconciliation and the conduct of an investigation. How does one conduct an independent, impartial investigation with the principal objective of promoting reconciliation? Does that objective detract from the duty to investigate fearlessly, regardless of what the outcome of an investigation may be, so that people can be assured that the Government act in accordance with their obligations under the rule of law?

Investigation can lead to the exposure of matters that were hitherto unknown or unconfirmed but which may demonstrate, for example, that a named individual or individuals were responsible for a particular atrocity, and that can cause massive concern, particularly in circumstances in which terrorist perpetrators regard their activities as justified by circumstances, or where state actors did not take action to prevent a planned murder of which they were aware. It may certainly lead to hostility and distrust, rather than promoting reconciliation. I do not know what the answer to this is, but I think there is a conflict there, or a dissonance.

I welcome the two government Amendments 85 and 86, which provide for victim statements and the publication of those statements. The Government have yet to provide, as the NIHRC has stated, that victims or family members are informed when an individual has applied for immunity. Victims or family members are not currently expressly required to be informed of the outcome of the immunity request. There is no express requirement for the independent commission to provide reasons why it is or is not granting immunity, and there is no proposed option for an individual requesting immunity, or an interested person, to appeal a decision on immunity made by the ICRIR. In short, the Bill still does not comply, in this context, with the requirements of the victims’ rights directive in its provision for victims.

[Lord Morrow (DUP)]

My Lords, the Minister was at pains to point out that Amendment 2 is all about reconciliation, yet no matter how much you search through the Bill, there is no definition of reconciliation in it. I am having difficulty, as are my colleagues, in being reconciled to the Bill and to have reconciliation with it, but I hope the Minister will—and I am sure he will—when he is winding up on Clause 2, give his definition of reconciliation. It seems to me that reconciliation means different things to different people. I am sure he will have observed that all the victims groups that have spoken about the Bill have not spoken in favour of it; therefore, I think he has a job to do. However, as my noble friend Lord Weir has said, we will not be dividing the House on this, but I earnestly ask the Minister why there is no definition of reconciliation in the Bill.

Domestic Abuse Bill

Debate between Baroness O'Loan and Lord Morrow

Report stage
Wednesday 17th March 2021 Lords Chamber

[Lord Morrow (DUP) [V]]

My Lords, I again commend the Government for bringing forward the Bill, as I have done throughout its passage through this House. I thank the Minister for the work that has been undertaken thus far. However, as the tragic events in Clapham so shockingly remind us, speed is of the essence when it comes to changing the attitude of men and boys towards women and girls in our society.

The Minister has been keen to point out that the Government’s own pornography research does not prove causation—how could it? It does demonstrate a clear association between pornography consumption and male aggression and sexual violence, as does other research in the field. In this context, addressing the impact of pornography consumption on male aggression towards women must form part of a credible legislative approach to violence against women and a credible response to the outpouring of stories that we have all been moved by this week.

In recent debates, much has been said about how Part 3 of the Digital Economy Act protects children from pornographic websites through age verification. That is certainly very important because, if Part 3 was in place now, children today would be less likely to be exposed to pornographic websites. It would therefore be less likely that they would move into adulthood with the expectation that violence is a natural part of sexual relationships, with all that this means for behaviour.

However, after the events of last week, it is also important to stress that another feature of Part 3—namely, the regulator’s power to take robust action against websites showing illegal extreme pornography, regardless of age verification—is important, because it will help foster an environment that challenges the normalisation of violence against women. It is a vital change that women and children could benefit from right now, that could have brought huge benefits from last year and, crucially, that could bring huge benefits very quickly, for reasons I will explain, if the Government implement Part 3.

The latest letter on this from the Minister comes with an estimated timetable of between 22 and 27 months for implementing Part 3 of the Digital Economy Act 2017, with a new regulator. This is perhaps the finest example of a cannot-do, rather than a can-do, attitude to emerge from Whitehall since Sir Humphrey Appleby took his retirement. It is deeply problematic for at least two reasons. First, it clearly draws out the process to the greatest possible extent, making it as long as possible. Secondly, it rests upon a strategy that hopes that none of us will be cute enough to spot the elephant in the room.

The truth is that, if the Government were prepared to redesignate the BBFC as the regulator for Part 3 during the interim period, while the online harms Bill is being developed, then women and children would benefit within a matter of months from the very important protections that this House has already sanctioned in relation to pornographic websites. The taxpayer would also see a return on the £2.2 million investment in the steps taken in preparing for implementing Part 3.

The question the Government must answer is this: is bowing to their preference that Ofcom be the regulator, rather than the BBFC, so important that they are prepared to demand that the price for it is that women and children should be denied the protections that this House has sanctioned for them for a period of years? We can argue about how long it might take for the online harms framework to reach the point of implementation, but if we use the Digital Economy Act as a model, we can assume that the time from the arrival of the primary legislation in Parliament to the point at which it and the attendant secondary legislation and guidance are passed will be about three years. Is the Prime Minister prepared to tell the women and children of the United Kingdom that his preference for Ofcom over the BBFC is so great that women and children should be denied these important protections from pornographic websites for some years, even though he can still have Ofcom when the online harms regime comes into play? Is he prepared to ignore Women’s Aid? Are the Government saying that, because they cannot consent to this, we should cease support for this amendment and all those who want implementation now?

I trust that the Prime Minister still has his political wits about him. I trust that he will think better of taking a different position from all these bodies and the noble Baroness, Lady Benjamin, whom the people of this country hold in such high regard. Redesignation would take 40 days, as per Section 17 of the 2017 Act, where it was agreed that we should give the websites three months to get ready.

By my reckoning, if the Government show a fraction of the determination that we saw at the vigil in Clapham on Saturday night, Part 3, with all its protections for women and children, could be in force before this House rises for the Summer Recess. It is my great hope that the Government will do the right thing today and tell the Minister before she gets to her feet that she can announce that the Government will now implement Part 3, so that the noble Baroness, Lady Benjamin, whose leadership on this issue demands our great respect, can withdraw her amendment.

[Baroness O’Loan (CB) [V]]

My Lords, I am pleased to speak today in support of the amendment in the name of the noble Baroness, Lady Benjamin. I am grateful too for the powerful briefings and extensive correspondence on this amendment that I have received from several organisations and individuals.

Like other noble Lords who have spoken, I have seen the Government’s letter of 8 March. I found it unconvincing and I am concerned that there is a danger of completely missing the point of the amendment. As we saw over the weekend, the country is very concerned about attacks on women. I think, too, that we are all concerned about the level of violence against children, and indeed against men, in our society. It is clear that the consumption of pornography is associated with aggression and violence against women, men and children. This is an issue on which we can act today.

Had the Government implemented Part 3 of the Digital Economy Act as planned, we would have had a functioning regulator today. He or she would have been able to take a series of robust actions against any pornographic website showing illegal extreme pornography. We would have seen the introduction of age verification on pornographic websites.

Today, 14 women’s organisations, including Women’s Aid, have written to the Prime Minister asking him to instruct his Ministers to respond to the debate by making a commitment to implement Part 3 of the Digital Economy Act as an interim measure to protect women and children, treating them with dignity between now and when the online harms regime will be ready, probably in three years.

The suggestion in the Government’s letter that

“commencing Part 3 of the 2017 Act as an interim measure would … create a confusing and fragmented regulatory landscape”

is unconvincing; it is also regrettable.

The online harms Bill is not yet before Parliament; it will take time to pass through Parliament and, even if it is passed as suggested and the Government commence implementation immediately, the interim arrangements proposed today would be in place and working for two or three years before it would be realistically possible for any benefit to be experienced through such an Act. That would be years of additional protection before any further legislation was operative.

If providing a greater measure of protection for women and children is a critical issue, as the Government have said, they cannot continue to argue that the legislation that we have passed should not be implemented now, even as work proceeds on developing even better legislation for the future. With child-on-child sexual abuse, we know that between 2012 and 2016 there was a 78% rise in England and Wales. Research from 2017 on preventing harmful sexual behaviour involved interviews with young sexual offenders, asking them what might have stopped them. Their answers included “help in management of pornography”. Implementing Part 3 would do this; it would help to save and protect until new legislation is enacted.

I urge the Government to respond positively to noble Lords who have spoken in favour of this amendment and the many women’s groups that have written to the Prime Minister today, and I shall support the noble Baroness, Lady Benjamin, if she divides the House on this amendment.