(2 years, 1 month ago)
Lords ChamberTo ask His Majesty’s Government what the responsibilities of the Minister for Equalities will be, and whether they will update the gov.uk website to list those responsibilities.
The Minister for Equalities’ role represents all aspects of the women and equalities portfolio in Cabinet. The portfolio has not changed and includes all areas of his predecessor’s portfolio. This was confirmed by the Prime Minister’s spokesperson shortly after the appointment of the Minister for Equalities and has been reflected on GOV.UK. The Cabinet role will be supported by the newly appointed Minister for Women in the other place and by me here in the House of Lords.
I thank the Minister for that Answer, but I am still curious as to why Minister Zahawi is nervous of having women and equalities in his job title; you would think he would be proud to carry a title showing concern for over half the population. Even more puzzling—maybe it shows the priority this Government are giving to equalities issues—is that it took six weeks and my questions for the responsibilities to be put on GOV.UK. Well, better late than never. When can we expect an equalities impact assessment of the mini-Budget and how it will affect women, black and minority ethnic communities, disabled people and others with protected characteristics?
I do not know when an impact assessment will be available, but I am sure one will be. On the whole question of having “women” in the title, the designation of job titles is way above my pay grade. I cover all aspects of the portfolio in the Lords, and I would rather be defined by what we do and not what we are called.
My Lords, there is nervousness about using the word “woman”. Last night at the PinkNews Awards, Keir Starmer declared that he would make it a crime to misgender. That means people might use the word “woman”, but nobody will define what a woman is. Maybe that nervousness is because people are frightened of misgendering and getting dragged into the gender wars. Can the Minister assure us that “equalities” means that biological women will not have their rights sidelined by an equalities agenda based on gender identity?
One at a time, please. As far as I am concerned, I agree completely with the noble Baroness and will try to ensure that that happens.
(2 years, 1 month ago)
Lords ChamberMy Lords, I think the Minister has probably got the idea now that an old persons’ commissioner might be popular. I would have thought that the Government might be looking for popular things at the moment. Will the noble Baroness meet representatives of the WASPI women—the 3.6 million women whose pension age unexpectedly rose? I would also like the Minister to take this opportunity to clarify for the House whether the triple lock is to be kept or abandoned.
On the request to meet the WASPI ladies, the noble Baroness will understand that I will need to go back and talk to our new Minister for Pensions. I will put that request in and come back to the noble Baroness; I will write and put a copy in the Library. In 2019, the Government were elected and committed to the triple lock. As our Prime Minister has confirmed today, we will honour that triple lock for 2023-24 and the remainder of the Parliament.
(2 years, 8 months ago)
Grand CommitteeHe was. We have heard some powerful, moving and challenging questions today from across the Room, and I thank all noble Lords who have contributed. The richness of this debate shows how important it is that we have the opportunity to mark International Women’s Day and highlight the wide range of challenges that disproportionately affect women and prevent them accessing the opportunities to help them thrive.
I will deal with one of the elephants in the room, which is not having this debate on the day that so many wanted it. I remember being asked about this in an Oral Question. I went to find out and am advised—I have no reason to disbelieve it—that the usual channels agreed time for the debate as soon as was possible. I will make the case, as much as I can, to have it on a better day.
I have agreed to meet you to do that and I stand by that.
I will start by talking about Ukraine; there are many things to talk about in that respect. The noble Lords, Lord Clement-Jones and Lord Loomba, and others mentioned it. We are absolutely committed to supporting Ukrainian women and girls, recognising the critical contribution that women are making on the front line and in communities affected by the conflict. Somebody told me that women were making Molotov cocktails to try to keep back the Russians. All power to their elbows.
We are particularly concerned about the impact of the conflict on women and girls. They will be more exposed to the risk of violence, particularly sexual and gender-based violence. We acknowledge the vital work of civil society organisations. I think I am a poacher turned gamekeeper in that respect, so noble Lords can be assured of my support for good civil society organisations.
I reflect that, when I stood with the Ukrainian ambassador to the UN on Monday, he asked me to do one thing: come back here and ask everybody, regardless of whether they were politicians or not, to help these women and children integrate into our communities when they come to our country. If we do not, sex traffickers will get hold of them. They will be forced into prostitution, there will be forced adoptions—the list goes on. I gave him my word that I would do that. I ask noble Lords to get that message out to make sure that we can stand by the ambassador’s need.
I did not attend all of the concert at the Met but I was there. A Ukrainian bass sang the Ukrainian national anthem. He fell into the arms of the conductor afterwards, such was the depth of despair he felt. Let us all continue to stand by these dear people who need us.
I will answer the question about the Istanbul convention. The UK remains strongly committed to ratification of the Istanbul convention. Almost all the obstacles to ratification have now been removed. We should be in a position to ratify the convention quite soon. [Laughter.] I did not think that was funny; I was being serious.
The noble Baroness, Lady Gale, and the noble Lord, Lord Purvis of Tweed, mentioned political representation. They gave some figures about the balance of people. We must congratulate the Greens on their 100% record; that is worthy of mention. We will come later to the issue of women in political life and the abuse that goes with it, if I get to answer that. The Government continue to keep Section 106 of the Equality Act 2010 under review but remain of the view that political parties should lead the way in improving diverse electoral representation through their own selection.
The noble Lord, Lord Purvis of Tweed, talked about the development strategy having women and girls right throughout it. The Government will publish a new international development strategy this spring. That will guide our work for the coming decades and beyond. The new strategy will prioritise spending on life-saving humanitarian aid and support women and girls. The Foreign Secretary is committed to that, and will go through the business plan and strategy development.
The noble Baroness, Lady Armstrong, the noble Lord, Lord Purvis, and others talked about an equality impact assessment of the ODA cuts. We treat equality issues seriously. The UK is a leading global voice on women and girls, LGBT people, disability and wider human rights. We have processes in place through spending reviews and FCDO business planning to ensure that we meet our legal obligations. The equalities assessment was a snapshot in March 2021 aimed at predicting how spending decisions for 2021-22 would have an impact on protected groups. As we move through the project cycle, we will review the actual impact of the spending.
On scrutiny and transparency, which was also raised, we fulfil our international legal and public transparency commitments and continue to be accountable to Parliament and taxpayers for how we spend UK aid and to mandate our partners to be transparent.
The right reverend Prelate the Bishop of Durham mentioned Lesotho. One thing that came out of this week was that someone asked the question: why are women not in the room when decisions are made, because the decisions would be very different? We want women in the room, women in the chair and women in the lead.
I come to the question asked many times by the right reverend Prelate about the two-child limit. The last time I answered it, I got told off for being a little discourteous, so let me be as polite as I can. Nothing has changed since I answered the question last time and there is nothing else I can say that will help him.
The right reverend Prelate the Bishop of Durham and my noble friend Lord Sandhurst mentioned childcare. This will be critical to get women in work, back to work and into better jobs. I had the pleasure of talking to people from Australia, New Zealand, Canada and Denmark, and we formed what you could call an unholy alliance. We will exchange information about what happens in our countries and see whether we can learn from each other to make improvements. Childcare is critical, because this issue is stopping women taking more hours and progressing, and we should redouble our efforts to find solutions to make that better.
The right reverend Prelate asked about the official development assistance budget for women and girls. The Foreign Secretary has been clear that we intend to restore funding to women and girls and to humanitarian programmes. Our spending review 2021 highlighted that we will increase aid funding for our highest priorities. We are bound by the International Development (Gender Equality) Act 2014 to ensure that gender equality remains at the heart of the UK’s work on international development and humanitarian crises.
In November, the Foreign Secretary announced that she would restore ODA funding for women and girls to pre-cut levels. The baseline year and timing of restoration is under discussion as part of the Foreign Office’s business planning process. So it will be done, but I cannot say when. That is one that I will not let go until he gets the answer he needs.
To mark International Women’s Day, the UK was proud to launch new funding for women’s rights organisations and civil society actors, and there is a £220 million pot of humanitarian aid, to which we are making our largest ever aid match. It will contribute to the Disasters Emergency Committee Ukraine Humanitarian Appeal, matching the first £25 million donated, so it is not insignificant.
My noble friend Lady Hodgson asked about the new convention to hold perpetrators of sexual violence to account. As part of the network of liberty, the preventing sexual violence in conflict initiative remains a key focus for the UK Government, and the Foreign Secretary has made tackling sexual violence in conflict one of her top priorities. In November 2021, the Foreign Secretary announced her intention to work towards a new convention on sexual violence in conflict, and it is an opportunity to strengthen the international response to prevent such atrocities, support survivors and hold perpetrators to account.
My noble friend Lady Hodgson and others asked about Afghanistan and what is going on there. I will write on that point.
The noble Baroness, Lady Armstrong of Hill Top, talked about a rollback of rights. The UK is recognised as a world leader in defending and promoting women and girls’ rights. We have a reputation for addressing often neglected or difficult issues on the global stage, such as sex education and relationships, access to safe abortion, female genital mutilation, child marriage and gender-based violence. In negotiations at the UN and in other multilateral fora, the UK stands firm against organised attempts to undermine women and girls’ rights, including a big discussion at this year’s Commission on the Status of Women.
I also say to the noble Baroness, Lady Armstrong, that I would be very pleased to learn about the VSO, so if she would like to jack up a meeting, I will be there. I was listening to a very powerful story from a Minister from Chad about how their water has completely run out, so they cannot grow food or look after themselves. It was heart-rending.
On engaging with women’s organisations, I have held a series of round tables with women across England to discuss the impact of Covid-19. I also hosted a round table at the UN with civil society organisations. If there is an organisation noble Lords think I should speak to, please let me know and I will endeavour to meet it.
The noble Lord, Lord Hussain, mentioned Kashmir. We recognise that there are many human rights concerns in Indian-administered Kashmir and Pakistan-administered Kashmir. We encourage all states to ensure domestic law is in line with international standards. The British high commission in New Delhi and our network of deputy high commissioners work closely with Indian civil society and non-governmental organisations to promote gender equality and tackle gender-based violence. The noble Lord asked me to write, so I will do so afterwards. Time is not on my side today, that is for sure.
My noble friend Lord Farmer made a really good point about somebody—I cannot say her name, so I will not embarrass myself. She is a sign and we should make sure that we give our support in that way. My noble friend also spoke about sport. It is something that everyone in the country should feel able to take part in. It is for sporting bodies to set the guidelines about trans people in sporting competitions.
The noble Baroness, Lady Kennedy—I nearly called her a noble friend, as that is what often comes out; we are friends—talked about violence against women, women not being able to walk down the street for fear of what might happen and the terrible verbal and physical abuse women experience. I will take back the point she made about what is going on in Scotland. I am advised that we will be publishing a new hate crime strategy in due course, which will take the Law Commission’s recommendations into account. Let us be under no illusion: it is serious stuff and needs to be dealt with.
The noble Baroness, Lady Cox, who I agree is an inspiration on international issues, asked about support for Burma. Myanmar is a focus country for the UK National Action Plan on Women, Peace and Security, as well as the Preventing Sexual Violence in Conflict Initiative. The UK has sought to integrate support for GBV survivors across its humanitarian and development programme and has provided flexible funding to women and LGBT-led organisations. The UK is also supporting the UN LIFT Fund to reduce the risk of trafficking and support survivors. The term “deaf ears” was mentioned, so we will turn the volume up on that and do our best.
My noble friend Lord Sandhurst and the noble Baronesses, Lady Kennedy and Lady Thornton, raised the issue of sexual harassment. It is just not on: every woman should be able to live without fear of harassment or violence in the workplace as much as anywhere else. As the debate about the future of the workplace proceeds, the Government are committed to making sure that people feel safe and supported to thrive.
The noble Lord, Lord Clement-Jones, made a very important point about freedom of speech. I fully support him, and I know that I can count on all noble Lords to be respectful of each other’s views. If we do not show respect, we will not get the debate that we need. We might not agree with each other on certain things, but we have to have an open and honest debate.
The noble Lord, Lord Loomba, was delighted that he was working with Rotary International and Rotary in this country. It is a great organisation, and sometimes the things it does do not get the credit they deserve, so perhaps he will go back and thank them from me for what they are doing with his efforts to make money for this important appeal.
The noble Lord, Lord Purvis of Tweed, raised the issue of South Sudan. On Sudan, Her Majesty’s Government are committed to continuing to support sexual and reproductive health rights for 2022 and 2023, and our female genital mutilation funding will continue until next year. On South Sudan, as part of our humanitarian assistance and resilience-building, we have a programme called HARISS. We fund a six-year, £25 million UK-funded programme. International medical corporations work with communities and local authorities to raise awareness of gender-based violence to improve safety for women in their communities, and to provide confidential and survivor-centred case management and psycho-social support.
I am out of time, and I am feeling that I have failed noble Lords miserably in answering their questions, but I have the answers, so, as I said, I will write to noble Lords and make sure that all their questions are answered—so my officials will have homework to do. They will not be passing me notes but writing letters. If I may bring the debate to a conclusion, I thank all noble Lords for their contributions. I stand ready to do my bit as much as I am able to on this particular issue and, especially, to stand up for women. With that, I beg to move.
Motion agreed.
(3 years ago)
Lords ChamberI wish I had known about this before, because somebody could have bought it for me for my birthday. I will go out and find that book, and I will read it. As for changing bias and the distortions in salaries between men and women, no one needs to push our door on that—we are there. As the good man Sir Winston said, those people who can change their mind can change anything.
I join other noble Lords in wishing the noble Baroness a happy birthday. Research by the Fawcett Society found that three out of five women who had been asked about salary history believed it damaged their confidence in negotiating better pay and believed a low past salary was coming back to haunt them. Does the Minister recognise that, when companies ask about salary history, it can mean that past pay discrimination follows women, people of colour and people with disabilities throughout their working life? Does she share my concern that this issue means new employers replicate pay gaps from other organisations? Could the Government consider this matter and allow it to be part of the influencing of their policy?
I completely agree with the noble Baroness. You can sit in front of an employer and tell them what your salary is, and then they think they can get away with paying you just a little bit more. That is not on. I share the noble Baroness’s concerns, and I will feed those back into the policy-making process.
(3 years ago)
Lords ChamberThe Government are firmly committed to best practice for all disabilities. Although progress has been made in recent decades on accessibility and inclusion, far too often obstacles remain. When the Minister for Disabled People was appointed to our team in the DWP, one of the first things I did was ask her to meet Peers. She has agreed to do that. Give her time to get her feet under the table, and noble Lords will have ample opportunity to discuss all those things with her.
My Lords, it is great to be back here at the Dispatch Box dealing with women and equalities issues, which have been added to my very small brief of health. Given that the Paris Agreement, and before that the Cancun agreements, acknowledged that disabled people are disproportionately adversely affected by climate change—of course, this was an organisational and rather shaming failure at COP 26 —can the Minister inform the House whether disabled people have been involved and heard at COP 26? Will their needs be fully integrated into the delivery plans as they emerge and are implemented?
I, too, have had Minister for Women and Equalities added to my responsibilities, which I am very pleased about. On the issue the noble Baroness raises, we have to include disabled people in considerations about climate change. I will ask my colleagues in the environment department to write and confirm that to the noble Baroness.
(6 years, 1 month ago)
Lords ChamberMy Lords, I have added my name to Amendments 31 and 48 from the noble Baroness, Lady Jolly. Apart from supporting the amendments and regarding the approved mental capacity professional as an issue of great importance in the Bill, I did so to be able to ask a few questions.
It might be simply that I do not understand, but my concern is this: how will the person who cannot object, but who needs to object, do it? The Bill states that people can automatically access the approved mental capacity professional if they object, but what happens for the person who cannot object but probably ought to? Who decides that a person’s family or those around them will be consulted to make sure that, if there is a need for an objection, it is heeded, which then puts them in the right place to access the AMCP? Those concerns have been expressed by lots of our colleagues in different ways. It is still not clear to me how that will happen. How will that person be protected under those circumstances?
My Lords, I thank all noble Lords for initiating this discussion about approved mental capacity professionals and providing me with an opportunity, for the first time ever, to respond to amendments to a Bill.
I thank my noble friend for that intervention. I have been hugely impressed by the commitment on all sides of the House to interrogate this Bill to make sure that it is fit for purpose and does the right job for the people we all seek to serve.
The amendments from the noble Baronesses, Lady Thornton, Lady Jolly and Lady Finlay, would have the effect of requiring that, in each and every case referred to an approved mental capacity professional, the AMCP would have to explicitly consider whether the case should be referred to the Court of Protection. We are clear that if a person wants to challenge their authorisation in the Court of Protection they have the right to do so. However, part of the reason we are creating the approved mental capacity professional role is so that cases where the person is objecting to the proposed arrangements can be considered outside having to go court, which we expect to be in line with the people’s wishes. It is always good to remind ourselves—as has been done many times during today’s business—of what we are trying to achieve and what we are trying to avoid. If we can avoid going to court, as has already been said, but serve people well, then we will have achieved something.
I am conscious that we do not want to create a situation where approved mental capacity professionals defer their responsibility to the Court of Protection and individuals have to undergo court procedures unnecessarily, particularly as we know this can be burdensome for people. In the short debate about this group of amendments, we have all agreed that we should avoid court at all costs, not only fiscally but because of the burden, stress and blockages that it puts into the system. However, I would like to reassure noble Lords that the responsible body has a responsibility to ensure that individuals who want to bring a challenge, in line with their Article 5 rights, have access to the Court of Protection, and the approved mental capacity professional would be important in identifying where this will be the case.
The amendment of the noble Baroness, Lady Barker, would have the effect of requiring the approved mental capacity professional to meet with the cared-for person unless there is agreement with consulted persons that it is not necessary or appropriate to do so. We are clear that our intention is for approved mental capacity professionals to meet with the cared-for persons in almost all cases. Exceptions would be extreme circumstances, such as if the cared-for person is in a coma or clearly expresses a wish that they do not wish to meet with the approved mental capacity professional. I am sure that noble Lords agree that in these exceptional cases it is right that the approved mental capacity professionals do not meet the person.
To reflect this, we have imposed a duty to meet the person where it appears to the approved mental capacity professionals to be appropriate and practical to do so. I understand that the intention of the amendment is to limit the circumstances in which an approved mental capacity professional does not meet with the cared-for person. However, I am conscious that there could be situations—for example, where the AMCP and all consultees bar one agree that it was not necessary or appropriate to meet the person. However, if one consultee did not agree, it would mean that one consultee would effectively have a veto and the AMCP would be required to meet the person. We will ensure that guidance regarding that rare circumstance where it is not practical and appropriate is included in the code of practice.
The amendment of the noble Baronesses, Lady Barker and Lady Hollins, and the noble Lord, Lord Hunt of Kings Heath, requires the person completing the pre-authorisation review, where this is not an approved mental capacity professional, to meet with the cared-for person regardless of whether this is appropriate or practical. We appreciate that there may be circumstances—
I am not sure whether my question has been answered so I will repeat it. Does this mean it is automatic that the cared-for person will see the AMCP? Is that what the noble Baroness is saying? She has started tying me up in knots. Will it be automatic? Except, obviously, in the cases that have been mentioned, is that what will happen?
Let me confirm that they will not automatically meet with the AMCP.
I was saving my answer to that question for the end of my speech, but as the noble Baroness is pushing me, I shall respond now. Since I have been in this House I have always been advised that when you do not know something, you fess up to it. So I have to tell the noble Baroness that I cannot answer that question right now unless someone to my left has a magic piece of paper that will get me out of jail free on this one. More seriously, I will come back to the noble Baroness because it is a very pertinent question, if that is acceptable to her.
That is a very good point. I will speak to my Amendment 44A, which is in this group. My amendment provides for a pre-authorisation review to be carried out by an approved mental capacity professional if the cared-for person is in an independent hospital and receiving mental health assessment or treatment. Where a person is in an independent hospital for the purposes of assessment and treatment for mental disorder, they may need to come under the liberty protection safeguards, and there must be an independent assessment by an AMCP.
I am concerned about the lack of independent assessment and oversight to guard against conflicts of interest in these settings. It is an issue that I know that organisations supporting people with learning disabilities and autism—Mencap and others—are also very concerned about. It is recognised that too many people with a learning disability and autism are stuck in assessment and treatment units and other in-patient settings due to the lack of the right support in the community.
Following the learning disability abuse scandal at Winterbourne View hospital, the Government and NHS England promised to tackle this issue and reduce the number of people with a learning disability and autism in these settings. Through their Transforming Care programme, they have committed to developing the right community support to reduce the number of in-patient beds. However, to date there has been little reduction in the number of people in these settings. Often, high levels of restrictive practices are used in these settings. It is recognised that children, young people and adults with a learning disability and/or autism in in-patient settings are at risk of overmedication, restraint and being kept in solitary confinement, as we have seen in the press in the past couple of days.
The average length of stay for assessment and treatment is nearly five and a half years. The Learning Disability Census 2015 stated that 72% of people in in-patient units had received antipsychotic medication, but only 29% were recorded as having a psychotic disorder; 56% had experienced self-harm, an accident, physical assault, hands-on restraint or being kept in seclusion. A recent shocking BBC “File on Four” programme revealed highly restrictive practices in these settings. It had obtained information that there had been a large increase in the use of restrictive practices between 2016 and 2017. This is of great concern.
According to the latest NHS digital data, 2,375 people with a learning disability or autism are in in-patient settings. Of those, 1,045 are in independent hospitals. The data show that currently, most are detained under the Mental Health Act, but of course there are people who are under DoLS in these settings, and who will be under the liberty protection safeguards in these settings in future. It is vital that there are robust independent assessments for people in these settings who may fall under the liberty protection safeguards. It is therefore essential that there is a requirement for an AMCP to undertake an independent assessment in these situations.
Can the Minister clarify: under the liberty protection safeguards, who will be responsible for signing off the LPS authorisations for people in independent mental health hospitals?
My Lords, many exam questions are coming out this evening. Let us hope we can answer them to your Lordships’ satisfaction.
We want to ensure that the noble Baroness gets the full context of what it is like dealing with amendments in Committee.
I appreciate that very much; I am touched and can confirm that you have passed that exam with flying colours.
This is clearly another important element of the Bill, and I thank everyone for their contributions. I pick up the point about independence in the system, and have always been of the view that when you have situations like this, some independence is greatly helpful. Without wishing to make you laugh or belittle what we are trying to do, I say that I have just spent some time in the States and was subject to the awful rigours of President Trump and the Kavanaugh situation. I can tell you there was no independence there whatsoever. So I am absolutely at one with all noble Lords about independence when making judgments and trying to help people improve their lives.
I think the noble Baroness, Lady Hollins, made a terribly important point. Where somebody is having something explained to them and does not feel comfortable objecting, or feels the environment is not right—I doubt there is one of us who has not been in that position at one time—it is horrible. We have to make sure the environment is correct and healthy for people to do so.
I think the points the noble Baroness, Lady Barker, made, in referring back to the evening exam question asked by the noble Baroness, Lady Thornton—how do people know?—have to be answered. I take on board the point raised and think we must get to the bottom of that. However, I can tell you that approximately 30% of people do object to their DoLS review, if that is helpful. Also, the noble Baroness, Lady Barker, raised an important point about evidence base. In a job once, someone wanted me to get the evidence for what we thought we were doing, and I was terribly nervous about it because I thought I would be out of a job. Actually, when we got an independent group in to look at it, we were just blown away by the evidence, which you could not argue with. I know it is costly to gather evidence, and I have no idea if it is practical or realistic here, but I have no doubt the case will be stronger one way or the other for having some evidence. The noble Baroness, Lady Finlay, made numerous excellent points today, but the independence and the review is what is resonating in my mind. I am glad to confirm to the noble Baroness, Lady Barker, that harm to others is included.