Regulation of the European Parliament and of the Council on the Fund for European Aid to the Most Deprived: EUC Report

Baroness Stowell of Beeston Excerpts

Thursday 13th December 2012 Grand Committee

[Baroness Stowell of Beeston]

My Lords, I am grateful to the noble Lord, Lord Boswell, and indeed the EU Committee for scrutinising the proposal from the Commission and producing the report that we are debating today. Along with the noble Lord, Lord McKenzie, I am grateful also to the noble Lord, Lord Boswell, for his very clear introduction to this debate. Because he was very comprehensive in going through the history of how we got to the present position, I will not spend any time repeating that history, not least because we are all feeling the chill in this Room and brevity is the key. However, first, it is essential to make the point that the Government share the committee’s view that this Commission proposal is not consistent with the principle of subsidiarity and that we support the Motion put forward today.

In 2011, the Commission sought to extend the existing scheme. It is worth reminding ourselves, as I think the noble Lord, Lord Boswell, already has, that the French and German declaration at that time stated that they considered that the conditions were not met for a proposal for a new programme after 2013—even though they had supported at that time the extension of the existing programme—and that they could not agree with legal and financial proposals by the Commission for such a programme in future. In response, the Commission issued a declaration saying that it,

“takes note of the opinion of a significant group of Member States not to pursue the program beyond 2013”,

and that:

“Without prejudice to its right of initiative under the Treaty, the Commission will take account of this strong opposition to any legal and financial proposal of such a program in the future”.

The Commission has now produced a proposal but it is very difficult to see how the Commission has taken account of this strong opposition that was stated at the time. We have to ask what the main changes are in the new proposal.

First, the new scheme is presented as an instrument to promote social cohesion and to contribute to the European 2020 target on reducing poverty, whereas the current scheme has an agricultural legal base. Secondly, the fund will no longer be financed from the CAP but from the structural and cohesion fund, as has already been mentioned, for the 2014-20 budget. Thirdly, the fund will be used to purchase basic consumer goods for the personal use of homeless people or children, as well as to provide food aid. Fourthly, the new fund will be obligatory—this is a key point—whereas the current scheme is optional. Each member state will receive a financial allocation and be required to set up a single national programme to implement the fund in 2014-20. Fifthly, not only will the fund be obligatory, but member states will be required to provide matched funding of at least 15% of the costs of their national programmes—in other words, on top of the welfare programmes we already have in this country. The fund from the European budget will contribute only up to 85% of the costs of the scheme being proposed in most cases. Sixthly, the new fund will be implemented along similar lines to the structural and cohesion funds.

Despite these changes, the Government’s view has not changed. We remain unconvinced as to the merits or appropriateness of this proposal. The principle of subsidiarity, currently enshrined in Article 5 of the Treaty on European Union, states that the EU should act collectively only where the objectives of the proposed action cannot be sufficiently achieved by the member states acting on their own, and that they can therefore be better achieved by action on the part of the Union.

We consider that measures to assist the neediest members of society, as set out in this proposal, can be better and more effectively delivered by individual member states through their own social programmes and not at EU level. The member states and their regional and local authorities are best placed to identify and meet the needs of deprived people in their countries and communities, and to do that in ways that are administratively simple and efficient. We will therefore oppose this proposal on the grounds that social measures of this sort are a matter for individual member states.

We are also concerned that the proposal does not represent value for money and would be burdensome to administer. Using EU structural and cohesion fund processes to deliver this instrument would lead to heavy and costly administrative burdens on member states and partner organisations, without adding value to existing arrangements in member states.

Not only is this fund inconsistent with subsidiarity, it will use resources that would be better deployed at national or local level. It is worth pointing out that if this fund were removed from the proposals, the UK could argue for an equivalent reduction of €2.5 billion from the EU budget over the seven years of the multiannual financial framework.

I underline that the Government strongly support measures to tackle poverty and social exclusion and certainly agree with the points made by the noble Lord, Lord Boswell. In the UK, we have a full range of social security benefits and tax credits in place to cover financial needs for those who are both in and out of work. We are investing £400 million in the current spending review period to help local authorities prevent and tackle homelessness. We are committed to eradicating child poverty and are taking a new approach to tackling the root causes, including worklessness, educational failure and family breakdown.

On food aid, the Healthy Start scheme provides a nutritional safety net in the form of vouchers for basic healthy foods and free vitamin supplements for pregnant women and children aged under four in disadvantaged and low-income families. Initiatives such as FareShare and FoodCycle are good examples of the essential work that charities are doing to support communities to relieve food poverty.

The noble Lord, Lord McKenzie, asked a couple of questions. I know that he directed them to the noble Lord, Lord Boswell, but it is perhaps worth me responding to them. He asked whether each member state provides for the three issues that the new fund would cover. Obviously, I will allow the noble Lord, Lord Boswell, to respond as he sees appropriate on behalf of the committee. From the Government’s perspective, it is clearly not for us to comment on other member states’ ability. Our approach is to tackle the root causes of poverty, as I just said. Any future proposal will have to be considered on its merits and in the circumstances at the time. If an alternative proposal were put forward by the Commission, we would want to consider it rather than set out our views now on whatever alternative might be proposed.

[Lord McKenzie of Luton]

Just to pick up on that point, a moment ago the Minister said that it is accepted that the EU can act where objectives cannot be sufficiently achieved by member states acting on their own. Does that imply some understanding of the resources that are available to individual member states? Is that part of the judgment about whether, acting on their own, they can deal with the issue?

[Baroness Stowell of Beeston]

The principle of subsidiarity is clear. I set that out clearly in my previous remarks and the noble Lord, Lord Boswell, has done the same. It is not for this Government to comment on whether other individual member states feel that they are in a position to be able to fulfil the objectives of the proposed fund.

[Lord McKenzie of Luton]

I am sorry to interrupt, but who can therefore make that judgment and how? If the judgment is about whether it can be sufficiently achieved by member states acting on their own—that is what the Minister has just said—who makes that judgment and on what basis? If we are saying that each individual member state has to ignore what the resources are and what the position is in each other member state on this issue, how on earth does that make sense of trying to make that evaluation, which she says is important?

[Baroness Stowell of Beeston]

The Commission itself, in bringing forward a proposal, has no doubt made a judgment in order to inform its decision to put forward this proposal to fund the scheme. I am saying that it is not for us as a member nation to comment on the ability of other member nations as to whether they can meet the objectives that the fund is there to meet. It is our view, from the position of a member state, that we are can provide for our citizens in the way that we are. We think that the issues to be addressed are better addressed by nation states and by local communities or regional bodies within those nation states because of the nature of the issue. That is the point that I am seeking to make.

I conclude by saying that we agree with the committee that the Commission has provided no convincing argument that its proposal meets the principle of subsidiarity. I restate that I thank the committee for its report and all its members who have contributed to this debate. I repeat that the Government support the Motion on the reasoned opinion.

Enterprise and Regulatory Reform Bill

Baroness Stowell of Beeston Excerpts

Wednesday 12th December 2012 Grand Committee

Amendment 24BL not moved.

[Baroness Stowell of Beeston]

My Lords, this may be a convenient moment for the Committee to adjourn until Tuesday next week at 3.30 pm.

Committee adjourned at 7.47 pm.

Arrangement of Business

Baroness Stowell of Beeston Excerpts

Tuesday 11th December 2012 Lords Chamber

[Baroness Stowell of Beeston]

My Lords, as noble Lords will see from the Order Paper, provision has been made for a short delay between Second Reading and the remaining stages of the Police (Complaints and Conduct) Bill. The Public Bill Office has not yet received any amendments for the Bill’s Committee stage but will accept any amendment tabled within the next 30 minutes—that is, until 6.38 pm. The House will return to the Bill when the Statement and the QSD have concluded—I suggest that that will be not before 7.38 pm—either to go into Committee if amendments have been tabled or to take the remaining stages formally if not.

Equal Marriage Consultation

Baroness Stowell of Beeston Excerpts

Tuesday 11th December 2012 Lords Chamber

[Baroness Stowell of Beeston]

My Lords, with the leave of the House I will repeat a Statement given by my right honourable friend the Minister for Women and Equalities in another place earlier today.

“With permission, I would like to make a Statement on the government proposals to enable same-sex couples to marry. Not so long ago, Mr Speaker, talk of marriage as one of the building blocks of society was dismissed by some as out of date. Of course, those of us in this House who have taken a closer interest know that marriage remains something which most people aspire to. So, far from being a peripheral issue, the future of marriage is something that should concern us all. Today we are setting out how the Government will extend marriage to same-sex couples.

This is a consultation that has been the subject of much debate within the House and outside it. I am immensely grateful to the many honourable Members who have taken the time to discuss these proposals with me, adding their voices to the 19 petitions received by the Government and the record 228,000 individuals and organisations who responded to the consultation.

For some, this is a contentious and radical reform, or, indeed, a reform too far. But the historical facts show that over the generations marriage has had a long history of evolution. In the nineteenth century, inequalities prevented Catholics, atheists, Quakers and many others from marrying except in the Anglican Church. When this was changed, was that accepted without protest? No, I am sure that it was not. In the 20th century, when the law was changed to recognise married men and married women as equal before the law, was that accepted without fierce protest? No. In each century Parliament has acted—sometimes radically —to ensure that marriage reflects our society to keep it relevant and meaningful. Marriage is not static; it has evolved, and Parliament has chosen to act over the centuries to make marriage more equal and fair. We now face another such moment and another such chance in this new century.

For me, extending marriage to same-sex couples will strengthen, not weaken, this vital institution. The response I am publishing today makes clear that we will enable same-sex couples to get married through a civil ceremony. We will enable those religious organisations that wish to conduct same-sex marriages to be able to do so. This will be on a similar ‘opt-in’ basis as is available to them for civil partnerships. That is important for the obvious reason that it would be wrong to ban organisations that wish to conduct same-sex marriages from doing so.

I am under no illusions. I am fully aware that the proposals set out today to allow same-sex couples to marry are contentious. I am also clear that there should be complete respect for religious organisations and individual religious leaders who do not wish to marry same-sex couples. The Government have to balance the importance of treating all couples equally and fairly with respect for religious organisations’ right to their own beliefs.

We need to be fair to same-sex couples. The state should not ban them from such a great institution. Equally, we need to be fair to people of faith. Our religious protections, which I will set out, will ensure that fairness is at the heart of our proposals. Churches have a right to fight for and articulate their beliefs and to be under no compulsion to conduct same-sex marriages. As the Prime Minister has said, we are 100% clear that if there is any church, any synagogue or any mosque that does not want to conduct a gay marriage it will not—absolutely must not—be forced to hold it. That is why as part of our response we will have a quadruple lock, putting into English law clear and unambiguous protections.

I will go into the detail of those locks, but before I do that I want to reiterate my comments yesterday concerning Europe. I know that many honourable Members are worried that European courts will force religious organisations to conduct same-sex marriage. The law is complex but that complexity is absolutely no excuse for misunderstanding the facts. The case law of the European Court of Human Rights and the rights as set out in the European Convention on Human Rights put protection of religious belief in this matter beyond doubt.

The Government’s legal position confirmed that, with appropriate legislative drafting, the chance of a successful legal challenge through domestic or European courts is negligible. I have therefore asked the Government’s lawyers to ensure that this is the case here. Our response sets out clear safeguards—a quadruple lock of measures to protect religious organisations. The Government have always been absolutely clear that no religious organisation will be forced to conduct same-sex marriages. This system of locks will iron-clad the protection in law, adding to the existing protections in European legislation, so that those who do not want to conduct same-sex marriages will never have to.

First, we will write on to the face of the Bill a declaration that no religious organisation, or individual minister, can be forced to marry same-sex couples or to permit this to happen on their premises. Secondly, I will amend the Equality Act so that no discrimination claims can be brought against religious organisations, or individual ministers, for refusing to marry a same-sex couple or allowing their premises to be used for this purpose.

Thirdly, the legislation will make it unlawful for religious organisations, or their ministers, to marry same-sex couples unless the organisation has expressly opted to do so. As part of this lock, a religious organisation will have to opt in as a whole and then each individual minister will have to opt in too. Therefore, if a religious organisation has chosen not to conduct same-sex marriage, none of its ministers will be able to. However, if an organisation has chosen to do so then individual ministers are still under no compulsion to conduct a same-sex marriage, unless they wish to do so.

Finally, because the Churches of England and Wales have explicitly stated that they do not wish to conduct same-sex marriage, the legislation will explicitly state that it would be illegal for the Churches of England and Wales to marry same-sex couples. This provision recognises and protects the unique and established nature of these churches. The church’s canon law will also continue to ban the marriage of same-sex couples. Therefore, even if these institutions wanted to conduct same-sex marriage, it would require a change in primary legislation at a later date and a change in canon law—an additional protection that cannot be breached.

I feel it is important also to directly address other concerns raised by religious institutions. Other legal cases, including provision of services such as bed and breakfast or the wearing of religious symbols, have no bearing on the legal situation regarding marriage. This is because, for most religions, marriage is a commitment made before God; it is at the heart of religious belief. There is clear protection under Article 9 of the European Convention on Human Rights and there is clarity in case law that the European Court of Human Rights considers same-sex marriage a matter for each member state.

Faith has underpinned British society for centuries and it is as important to me as equality for all before the law. These proposals will allow both to co-exist without threat or challenge to the other. People of faith hold views which must be respected. That is why I have always been absolutely clear that I would never introduce a Bill which encroaches or threatens religious freedoms. It is with these strongly held views in mind that the proposals presented here today have been designed.

I believe that these proposals strike the right balance by protecting important religious freedoms while ensuring that same-sex couples have the same freedom to marry as opposite-sex couples. By making it available to everyone, we will ensure that marriage remains a vibrant institution. Our changes will allow more people to make lifelong commitments and enjoy the benefits of an institution that has for centuries lain at the heart of our society”.

That concludes the Statement.

--- Later in debate ---

[Baroness Stowell of Beeston]

My Lords, I am grateful to the noble Baroness, Lady Thornton, for her support. I recognise that her Government did much to enhance equality in this country during their time in office, and I am pleased that we are able to do more and that we have her support in doing so. However, I do not want to polarise this debate. I and the Government have absolute respect for religious freedoms and those who object to same-sex marriage on principled grounds. I want people to feel able to express any concerns that they may have or to raise questions, because I think that many people want to support same-sex marriage and will do so if they can be reassured that religious freedoms are protected. I certainly see that as my responsibility.

The noble Baroness asked a few questions, which I am happy to respond to. On her point about the conversion of civil partnerships to civil marriages, it is certainly our intention to propose in the Bill that the 50,000 or more people who have entered into a civil partnership since that was enacted will be able to convert it to a marriage. There will be a process for them to follow, and I am pleased to confirm that it will not be time-limited.

The noble Baroness also asked about the consultation responses. Today we have published the Government’s response to the consultation document, and that provides some details of those responses. Clearly, having received more than 228,000 responses, it is not our plan to publish all of them individually, but I hope that the details of the consultation document will provide the sort of information that noble Lords will be interested in.

She also asked about the Equality Act and why it was necessary for us to amend it, as we have proposed as part of the quadruple lock. This is necessary because we need to introduce a safeguard specific to the conducting of same-sex marriages so that anyone, such as a member of a religious faith, who chooses not to do so on religious grounds is not in any way at risk of any kind of legal challenge.

I think that covers all the points that the noble Baroness raised. I restate that obviously I am here to respond to questions. I hope that all noble Lords will feel free to express any views and that they will be reassured that those views will be respected today.

[Baroness Northover]

My Lords, I remind noble Lords that Statements are a time for brief comments and questions. Could noble Lords please show consideration to each other to enable as many as possible to contribute?

[Lord Laming]

My Lords, I thank the Minister for repeating this measured and very welcome Statement. I hope that she will understand that many of us in this House were brought up to believe that all people are equal in the sight of God, and that some of us are deeply saddened that some churches have given up their responsibility of being at the forefront in promoting equal opportunity.

That being so, I ask the noble Baroness—somewhat unusually for me—to convey to the Government my personal thanks for the thoughtful and sensitive way in which they are dealing with this matter, especially in providing the churches that want them with a remarkable range of safeguards, while the rest of us can go on enjoying and celebrating love and lifelong commitment among adults who love and care for each other.

[Baroness Stowell of Beeston]

I am very grateful to the noble Lord for his support and also for his comments about the way in which we are bringing forward these proposals. I hope that he will forgive me if I do not seek to respond on behalf of the right reverend Prelates in the House today and I am sure that he would not expect me to.

[The Lord Bishop of Leicester]

My Lords, those of us on these Benches entirely share the view of the noble Lord, Lord Laming, that we are all equal in the eyes of God. That is why many of us supported civil partnerships, as we believe that the rights and obligations that flow to those who wish formally to mark and celebrate their commitment to each other should not be denied to people simply because of their sexuality.

However, civil partnerships, while conferring virtually the same legal benefits, are not the same as marriage. Marriage is not the property of the Government, nor is it the property of the church. While the forms and legalities around marriage have evolved over time, as the Minister has pointed out, one fundamental feature has remained the same throughout—that marriage is a union of one man and one woman. It is a social institution that predates both church and state and has been the glue that has bound countless successive societies together.

Does the Minister recognise that our concern here is not primarily religious conscience or the protection of the Church of England’s position but, rather, a more fundamental concern for stable communities? Can she assure us that teachers in church schools, for example, will not be disciplined for upholding traditional religious teaching? Can she assure the House that, in spite of the accelerated pace of this process, proper time, even over a Christmas holiday, will be given for adequate consultation with the Church of England’s canon lawyers on the legislative drafting? Can she assure us that the great majority of members of the Church of England and other faiths will not be labelled as prejudiced against gay people for taking a traditional stand?

Perhaps most troubling is the fact that the Government and the Opposition have together in proceeding with this measure led to division not only within the country, where polls consistently show that around half the population is against this change, but also between the political class and the vast majority of practising religious people. What plans do the Government have for working towards some greater degree of consensus on this matter?

[Baroness Stowell of Beeston]

My Lords, I am grateful to the right reverend Prelate for setting out his view on behalf of the church. I acknowledge that people have concerns about some of these proposals, but the safeguards that we are putting in place to protect religious freedoms are there directly to address those concerns. We are not in any way redefining how religious organisations see marriage. Nothing that we are proposing affects any religious faith or teaching in a faith. We are not changing society. We are bringing forward changes to reflect society as it is. We are seeking to do so in a way that is respectful and understanding of different views.

The right reverend Prelate asked me about teachers and faith schools. I can reassure him that nothing that we are doing in this legislation will bring about any change to the approach for teaching in schools. A faith school would be able to continue to describe its belief that marriage is between a man and a woman while recognising that same-sex couples can marry.

The right reverend Prelate asked me about allowing proper time for consultation with canon lawyers. I can absolutely give him that assurance. It is our intention to make sure that we have watertight legislation that addresses all the concerns that religious faiths may have.

Finally, I say to the right reverend Prelate and to all Members of this House that there is absolutely no way that we as a Government would seek to label anybody who did not support same-sex marriage as prejudiced. We are trying to make marriage available in civil ceremonies to same-sex couples and to protect the religious freedoms that are rightly there for all faiths to continue to act in accordance with their beliefs, and we would not seek to change that in any way.

[Lord Lester of Herne Hill]

My Lords, will the Minister accept from these Benches our wholehearted congratulations on and support for this Bill? It was, of course, we who began civil partnerships though my Private Member’s Bill, which was taken over by the Labour Government. This is a further example of progress. The Act of Uniformity in the 17th century forbade religious marriages of any kind except those in the Anglican faith. It was in the 19th century that that began to change through Lord Brougham’s Bill of 1855. This is a further step forward. Will the Minister accept from me that the safeguards that she has just mentioned will be wholly compatible with the European Convention and will pass full muster before the European Court of Human Rights if anyone was silly enough to take a case there?

[Baroness Stowell of Beeston]

I am grateful to the noble Lord for his support, and I recognise what he has done over many years to bring forward the rights of others and to ensure that we continue to progress equality in this country. I am also grateful to him for his very clear statement about the compatibility of the safeguards with the European Court of Human Rights.

[Lord Collins of Highbury]

My Lords, I thank the previous Government, who enabled my husband and I to have the same legal rights as married couples. I welcome this next small step towards equal marriage and full equality under the law. My husband and I have been through two civil partnerships in recent times on the path towards equal marriage, and I very much welcome the cross-party support for this move. Having gone through a GLC civil partnership and a civil partnership under the law, my husband is determined that we have a proper marriage and a full ceremony in the local town hall. Will the Minister be able to guarantee that for me and my husband?

[Baroness Stowell of Beeston]

I am very grateful to the noble Lord for setting out why he feels as strongly as he does about this. I am pleased to be able to confirm to him that if the Bill passes through Parliament and becomes an Act, not only will he be able to marry in the local town hall but he will be able to convert his civil partnership into a marriage and will legally be able to call his partner his husband.

[Lord Deben]

As a practising Catholic I wholly support the church’s teaching on marriage, but I am also pleased that the Government have decided to bring in this Bill. The right reverend Prelate is right to say that marriage is not owned by either the state or the church. It is owned by humanity. Surely our understanding of sexual relationships and sexuality should lead us to understand that there is an extension of natural law from that understanding. That extension should lead us to be prepared in the state to allow people of the same sex to marry. It is wrong to suggest that there is something unnatural for them to wish to take this step. Therefore, I congratulate the Minister on repeating the Statement. I think she will have considerable support from Christians of all denominations, not least from Catholics.

[Baroness Stowell of Beeston]

I am very grateful to my noble friend for his remarks and support. He has very eloquently described why this is an important step forward and why—with the right safeguards in place to protect religious freedoms—we will be able to bring forward a right that many people should feel is theirs and which they can enjoy.

[Lord Morgan]

Like others in the Labour Party, I declare my support for this measure, which is liberal, humane and in accordance with the progressive consensus in our society, particularly among young people. This is not a young House and it is important that we strike a chord with younger people.

However, the Statement contained a quite absurd historical error: it referred to the established church in England and Wales. In Wales, the church has been disestablished since 1920. I declare an interest as the only living author of a book on that subject, and I hope I did not put quill to parchment in vain. I just wonder what the situation will be in Wales.

[Baroness Stowell of Beeston]

As the noble Lord was speaking, my heart started to miss a beat. I only hope that I read out a version that had not been corrected by my right honourable friend. I am absolutely clear about the noble Lord’s point that the Church in Wales is disestablished now, but the safeguards apply to the Church in Wales as they do to the Church of England because the Church in Wales has a duty to marriage in the same way that the Church of England has. Therefore, all limbs of those safeguards will apply to the Church in Wales.

[Lord Harries of Pentregarth]

Is the Minister aware that, notwithstanding the official position of the Church of England on this, a good number of its members warmly welcome the Government’s position on this? Is she aware that privately, a fair number of individual bishops in the Church of England also support it, but are not able to say so publicly at the moment because of the political situation in which the Church of England now finds itself?

[Baroness Stowell of Beeston]

I am grateful to the noble and right reverend Lord for making those points. I obviously note them, but I leave it to the church to comment on its own position on this matter.

[The Marquess of Lothian]

May I enter a slightly dissenting note in what otherwise appears to be a consensus? I fully accept the merits of civil partnership in our society, but are the Government aware that in moving towards this legislation, they will create two distinct and potentially divisive forms of marriage—statutory marriage on the one hand, which this legislation will create, and real marriage between a man and a woman on the other, which cannot be redefined by statute any more than night can be redefined as day by statute, or fiction as fact?

[Baroness Stowell of Beeston]

There is only one form of marriage and what we are setting out here is that it will remain a matter for religious faiths as to how they define marriage within their own faith. There is only one legal type of marriage and that will apply both to couples of opposite sexes as well as to couples of the same sex.

[Lord Cormack]

My Lords, notwithstanding what was said by the noble and right reverend Lord, Lord Harries, and my noble friend Lord Deben, the fact is that for the majority of Christians in this country, at the heart of their religious belief is the belief that marriage is between a man and a woman. In that context, can the Minister assure us, first, that the 500,000 people who signed the petition that was reported in today’s press will be taken into account? Secondly, will she assure us that every member of Her Majesty’s Government, as well as Back-Benchers, will have a free vote on this issue?

[Baroness Stowell of Beeston]

I have tried to make clear that in bringing forward our proposals we recognise and respect the religious freedoms of those who are committed to their faith and the position that their respective faiths take with regard to marriage. Perhaps it is worth reminding my noble friend that the consultation was about how we bring about same-sex marriage and not about whether we should. The huge response was the largest that we have ever had to a consultation. In the consultation document that has been published today, we are very clear that in addition to the 228,000 who responded many others signed their names to a petition. We are firmly of the view that we are moving forward in the right way and taking account of everyone’s position on this. On my noble friend’s final point, I can confirm again that it will be a free vote.

[Lord Northbourne]

My Lords, does the noble Baroness agree that a very significant element in marriage concerns children? Will she give an assurance that the position of adopted children in single-sex marriages will not be changed for either better or worse by a partnership entering into a civil marriage?

[Baroness Stowell of Beeston]

We have been clear that what we are bringing forward will focus on allowing same-sex couples to marry. That is the purpose of this legislation and where the change in legislation will occur. There will be no impact on any adoption laws whatever.

[Lord Eden of Winton]

My Lords, where exactly did the pressure come from which has persuaded the Government that this proposal is a sensible, or even a desirable, thing to do? Why are they taking this further, beyond what I understand is already a very good provision that allows for civil partnerships to receive a blessing in the church? The union can therefore be blessed in the sight of God in a place of religion. Surely it is not necessary to go further than that. In proposing to do this, are the Government not requiring a complete redefinition of marriage as laid down in the Church of England?

[Baroness Stowell of Beeston]

I understand the points made by my noble friend. I can only restate what I have already said. As regards the Church of England or any religious faith, we are putting in place safeguards to prevent any change to their religious definition of marriage.

As to why we are doing this and why it is different from civil partnerships and allowing civil partnerships to take place on religious premises, while civil partnerships were a significant step forward, and were embraced and welcomed by many people, especially those who have taken advantage of a civil partnership, there is still a distinction between a civil partnership and marriage. We believe that marriage should be available and accessible to two people who love each other, and who want to spend their lives together, and that they should not be discriminated against just because they are of the same sex. That is why we believe that it is right that a same-sex couple should be able to marry and to define themselves legally as married, as do other people who have the same feelings for the one they love.

[Lord Mackay of Clashfern]

Apart from the name, what difference is there to be between a civil partnership, as enacted during the tenure of the previous Government, and the proposals made here?

[Baroness Stowell of Beeston]

The key issue is that two people of the same sex will be legally defined as married in the same way as two people of the opposite sex. There will be no difference in the definition of their relationship in future.

Disabled People’s Right to Control (Pilot Scheme) (England) (Amendment) Regulations 2012

Baroness Stowell of Beeston Excerpts

Monday 3rd December 2012 Lords Chamber

Moved By

[Baroness Stowell of Beeston]

That the draft Regulations laid before the House on 24 October be approved.

Relevant documents: 9th Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 26 November

Motion agreed.

Violence Against Women

Baroness Stowell of Beeston Excerpts

Thursday 29th November 2012 Lords Chamber

[Baroness Stowell of Beeston]

My Lords, this has been a very powerful and timely debate, coming as it does within the 16 days of action following last Sunday’s UN International Day for the Elimination of Violence against Women. I congratulate my noble friend Lady Jenkin on securing this debate and on setting out so comprehensively the massive problem that we are trying to combat and its effects. I also pay tribute to all noble Lords who have contributed today. I know that this is an opportunity for me to respond, and lots of questions have been put to me, but I also consider it an opportunity to listen and learn, which I have certainly done.

We have covered a wide range of issues. In responding, I will talk briefly about international issues later on but will concentrate on the domestic—by which I mean national—front. I will write to all noble Lords if I fail to cover any of their points, which I know I will do. I know for sure that I am not going to be able to respond to the questions from the noble Baroness, Lady Crawley, about the action plan.

I think it was the noble Baroness, Lady Bakewell, who said that the scale of the problem was not being matched in global terms by action. In global terms, that is evident and it is why we continue to raise this issue and put it right at the top of all agendas. I will respond right at the start to the noble Lord, Lord Brooke, who asked a specific question about the number of domestic homicides and whether that has increased recently. I am not aware of any increase in those numbers, and certainly not in the last published crime statistics.

Violence against women is not a political issue; it is too important for that. Combating it for good is a real ambition that we all share. This Government’s strategy, which we first published in 2010 and which has been referred to by many noble Lords today, has that as its clear purpose. It can be explained quite simply in three parts: it seeks to help prevent violence against women happening in the first place; to provide adequate levels of support where that violence, regrettably, occurs; and to bring perpetrators to justice. All our work in these areas is in partnership with many other agencies and voluntary organisations, some of which noble Lords have referred to today.

Our strategy and our commitment to it is underpinned by the guaranteed funding of £40 million, which we have allocated until 2015, for specialist local domestic and sexual violence support services, a range of national phone lines, existing rape centres and developing some new centres, where there are gaps in provision.

While I am talking about funding it is probably the right moment to answer some of the points that the noble Baronesses, Lady Thornton and Lady Crawley, made about funding. Of course I understand people’s concerns about potential cuts to any kind of local authority funding. I can absolutely see why people would raise that. However, we do not recognise the 31% figure that has just been quoted. Many local authorities are not making cuts and indeed some are increasing their funding. I point to Westminster as one example, which is putting its funding for outreach work up from £440,000 to £760,000. All that said, to try to understand the situation around local funding further, the Home Office is holding a round-table meeting with the Local Government Association in January.

While we are talking about local services and local provision, I make it clear that it dismays me as much as everyone else to hear of any woman who is turned away if they are seeking refuge. I do not want to hear that; none of us does. I would like to think that provision exists to meet everybody’s needs. While some women may be turned away from some of the refuges designated as local authority refuges, they are not the only place where women seek refuge. If refuge is not available to them there, it is often available elsewhere. We fund a database delivered by Women’s Aid which enables those working with victims to identify appropriate services and refuge vacancies.

If I have misunderstood the point on refuges and housing benefit, I shall come back to it in the letter with which I shall follow up the debate. The concern expressed by women and women’s groups about women in refuges who are in receipt of housing benefit has now been addressed. It was a legitimate concern and it is my understanding that it no longer remains a problem.

The noble Baroness, Lady Stern, asked about the future of SARCs—sexual assault referral centres. These have been locally commissioned up till now on a collaborative basis by police and NHS primary care trusts. We have decided that, for the future—at least in the short to medium term—responsibility for them will rest with the NHS Commissioning Board.

The noble Baroness also asked what role PCCs would play in tackling violence against women. I shall not go into great detail about this, because I answered a Question on it recently. The best way in which I can respond is to point to what Boris Johnson has done here in London, because he has been the nearest example that we have had to a PCC before those who were recently elected. It has been striking how, in working with London women’s groups, he has diverted some of his own funding alongside national funding to increase the number of rape centres in London. He shows us that there is real potential for violence to be tackled through the new police and crime commissioner structure.

If we are to end violence against women and girls, we need to challenge attitudes—that has been made clear by many noble Lords today—and raise awareness of abuse and educate young people. There is always more that we can do in this area and we have to keep looking for new opportunities to do so. One of the things that we are doing in the 16 days of action is to restart this very weekend the teenage rape prevention advertising campaign. Its target audience is 13 to 18 year-olds and it will run until the end of January. The noble Baroness asked about the website alongside that. That will be available and be part of that campaign.

My noble friend Lady Bottomley raised questions about awareness of domestic violence in the workplace and the noble Lord, Lord Brooke, said that it was important that we debate domestic violence. I hope that we can encourage employers to do this in the workplace and encourage women who may be feeling isolated to come forward. I have taken on board that point.

The noble Baroness, Lady Howe, and my noble friend Lady Hussein-Ece referred to sexualisation of women and children. This is of course a matter of great concern. Since the controls on online pornography recently introduced by ISPs, the Government have reconsulted on online controls. Fairly soon we should be making public some new thoughts on the way forward to build on what has already announced. We are very aware that this is something that continues to concern all parents. With regard to child sexualisation, one useful initiative was the launch of ParentPort—a single website for complaints and feedback to regulators if parents see any inappropriate advertising located where children might see it.

Obviously we can use the law and strengthen it to prevent violence against women and girls. My noble friend Lady Brinton referred to the new stalking offences. I share with her and those others who commented on this the fact that we as a Government are proud to have introduced these new laws but we recognise the contribution made by so many people to make that happen, including Members of this House.

I will skip along because I am running out of time. We are introducing lots of new measures in terms of new laws. One of the most important ones is about extending the definition of domestic violence to include 16 and 17 year-olds, and another is for the definition to include coercive control—or mental cruelty, as other people might recognise it.

My noble friend Lord McColl made a very interesting proposal about the collection of data on potential domestic violence. I have already asked my colleagues in the Home Office to raise that with the Department of Health because my noble friend was kind enough to give me advance notice of it. I will certainly come back and write to him about that.

The noble Baroness, Lady Rendell, spoke in great detail about female genital mutilation so I will not go over that in any detail myself. I am so pleased that she welcomed what Keir Starmer announced at the weekend; we very much share her view that this is absolutely vital. Having that law in place is not enough. We need prosecutions, and action to bring prosecutions to bear.

On the international agenda, my noble friend Lady Jenkin trailed the Commission on the Status of Women next year, the focus being on the elimination and prevention of all forms of violence against women and girls. I hope it will give some comfort to the noble Baroness, Lady Bakewell, and my noble friend Lady Hussein-Ece that my officials have already started preliminary work to ensure that this agenda moves on next year and is not just something that we have ambitions for that are not fulfilled.

Also in the international arena next year, the UK will take the presidency of the G8. As my noble friend mentioned, the Foreign Secretary is using the profile of that forum—the world’s richest countries—to promote the UK’s initiative on preventing rape as a weapon of war. I am so pleased that someone of that rank in the Cabinet has taken this on board and will take it forward. If noble Lords have not yet had the opportunity, I urge them to read the speech that he gave about that earlier this month.

Lots of questions have been asked; I have a pile here of things that I need to come back on. Forgive me that I am not able to cover them all now. In closing, we are committed to maintaining our strong lead on both the national and the international stages. Ending violence against women and girls is not possible for Government alone. The progress that we have made would not have been possible without the hard work of so many people, including Members of this House. The challenge now is to sustain that collective commitment, to challenge the inequalities and attitudes that can encourage violence against women and to drive improved service for those victims. I believe that we are on the right path to creating a society where no women or girl need live in fear, but we are clearly far away from actually getting there.

House adjourned at 7.39 pm.

Small Pension Funds

Baroness Stowell of Beeston Excerpts

Tuesday 27th November 2012 Lords Chamber

[Baroness Stowell of Beeston]

My Lords, one of the great advantages of being a Government Whip is that we get to learn about lots of new areas of policy that we may not have been exposed to before. However, it also brings the great responsibility of sometimes having to respond to debates where those who have participated are far more experienced and provide greater expertise on the matter than the Minister in charge. That is particularly so in this debate. I congratulate the noble Baroness, Lady Greengross, on securing this debate and pay tribute to her for all her work in the world of pensions for so many years.

I reinforce and share the views of my noble friend Lord Patten. I, too, am very concerned about people who have done the right thing and saved hard for their pensions. This is one of the reasons why I am pleased to be here tonight and to participate in this debate. I also note the important point made by the noble Lord, Lord Lipsey: we are talking about people with small pots and, to many people, the small amounts of money that we are talking about make big differences. Like the noble Lord, Lord Kirkwood, I acknowledge that the topic of pensions does not lend itself to politics, and nor should it. However, the Government want people to be able to get the maximum benefit from their pension savings and we recognise that people can, understandably, find making decisions about their pension and the process of securing an income in retirement complicated.

We need to be clear that professional financial advice is not, and never has been, free, as has been acknowledged by many noble Lords tonight. Even though many people may have thought in the past that the advice that they were receiving was free, the cost of paying for advice may outweigh the benefit of receiving it. This is particularly important for those with small pension pots and we should not assume that paying for financial advice is the right option for everyone. It is important that consumers can make a decision about whether approaching a financial adviser represents good value for money. To do this, they need to understand how much it will cost and that the adviser’s interests are aligned with their own. The Government support the Financial Services Authority’s retail distribution review—or the RDR as it is commonly called—which seeks to bring transparency to consumers on these issues. In response to the point made by the noble Lord, Lord Lipsey, and repeated by the noble Lord, Lord McKenzie, that poor people should not receive poor advice, one of the added benefits of the RDR is that financial advisers will be required to have a higher level of qualification to ensure that the quality of their advice is better.

We also need to bear in mind the basics of what people need to know to make these decisions. As has been mentioned, understanding the options available and the language alone can be overwhelming. That is why, as the noble Baroness, Lady Hollis, made clear, the free, generic information and advice offered by the Money Advice Service and the Pensions Advisory Service are so valuable. The advice that is available from those two services, and particularly the Money Advice Service, includes helping people to think about whether professional advice is appropriate for them, because it may not necessarily be necessary.

Clearly it is important that professional financial advice is available for those who have decided that it is appropriate for them. However, we should be wary of overstating the problem about access for those with small pension pots. A recent survey by the FSA revealed that 63% of advisers are planning to continue to offer advice to those with savings and investments of between £20,000 and £75,000. A further 38% of advisers plan to continue offering advice to those with less than £20,000. I will come back a little later to the point made by my noble friend Lord Patten about pooling and whether it is possible to pool in order to access advice.

People have big decisions to make at retirement. I am pleased to say that this Government have already taken steps to ensure that people have more flexibility and better information to support those decisions. Of course those with pension savings below £18,000 have an additional flexibility in their options, which is that they can take their savings as a lump sum. For those who want to be able to guarantee an income for life, from 1 March next year the process of buying an annuity from an ABI member will include making customers consider their options for both the type of annuity that they need and which provider to purchase it from. This is what is known in the jargon as the “open market option”, which, as several noble Lords have said, is all about helping consumers to shop around.

The new ABI code of conduct, as part of the package of measures announced by the OMO review group in March, provides a real step change in the requirements placed on providers and in assistance to annuitants. The package has been developed to ensure that people approaching retirement will receive much greater support to get the best possible retirement income.

The noble Baroness, Lady Greengross, asked whether the Government would set up a forum to discuss the issues that have been raised in this debate. The noble Lord, Lord Kirkwood, in his usual colourful way, wanted me to be sure that there was cross-party working on this area. There is already a group similar to that described by the noble Baroness, which is alive to the issues raised. That is the aforementioned jointly led DWP-Treasury open market option review group. The group includes representatives from industry, consumer organisations, regulators and the Government and has met to discuss these issues since 2007. That has prompted a laugh from the noble Baroness, Lady Hollis. I have noted that.

The group has collaborated to deliver a number of key outcomes over the past five years, including the package of measures announced in March. It was responsible for the joint letter that was sent to the ILC on these matters earlier in the year. The OMO review group is now in the process of agreeing an evaluation strategy for this package. This will include assessing both the impact and success of the new measures but will also aim to consider the extent to which there are issues that remain to be addressed.

Of course, the decisions that someone can make at retirement will always be limited by what they have done and how much they have saved before retirement. That is why the Government have taken steps to encourage a culture of saving. The introduction of automatic enrolment will hopefully see between 6 million and 9 million people newly saving or saving more into a pension. The Government have also established NEST, which has been referred to, as a high-quality, low-cost pension scheme to support this. However, our work continues.

For example—the noble Baroness, Lady Hollis, spoke very passionately about this—people change jobs and will tend to leave small dormant pots behind them in their former employers’ schemes. The Government believe that as individuals move jobs their pension pots should follow them, as far as is possible. Consolidating pension pots helps to drive down administrative costs and boosts engagement with saving for retirement. The DWP is working with the pensions industry to develop an automatic transfer system for these small dormant pension pots. The aim is to develop an efficient and cost-effective system that minimises the risks to individuals and works to drive down charges.

This is probably an appropriate point at which to respond to the idea put forward by my noble friend Lord Patten about whether the Government would support an industry initiative to pool pensioners’ assets and increase purchasing powers. The Government welcome innovations to the industry that meet the needs of consumers, so my noble friend’s idea is certainly one that we would want to consider further.

The noble Baroness, Lady Hollis, and the noble Lord, Lord McKenzie, asked in relation to small pots whether legacy pots are yet in the scope of automatic transfer. They are not at this time, but we have not ruled out the option that they will be brought into scope in future. In addition, as of April 2012, up to two small personal pension pots of £2,000 or less can be taken as a lump sum by those aged 60 or over, even where people have other savings.

[Baroness Hollis of Heigham]

I was looking earlier today at the 2009 regulations, which may be what the noble Baroness is referring to. She may wish to follow this up by letter, but my understanding is that those pots have to have been earned in the previous three years. The problem with legacy pots is that they could have been earned 20 or 30 years before. I realise that this is a policy issue currently under discussion and that the noble Baroness will almost certainly wish to take advice from colleagues, but it would be hugely helpful to all of us if the Government could find a way to bring those legacy pots that are not covered by the 2009 changes into any future system, so that people do not find that some of their smaller pots remain inaccessible.

[Baroness Stowell of Beeston]

On a matter such as that, I will have to write to the noble Baroness.

[Lord McKenzie of Luton]

Perhaps the Minister might write on another point: whether or not the automatic transfers—be they legacy pots or otherwise—could be transferred into NEST.

[Baroness Stowell of Beeston]

I will certainly write to the noble Lord about that matter as well.

The noble Lords, Lord Stoneham and Lord Kirkwood, referred to the Government’s Reinvigorating Workplace Pensions strategy. As they acknowledged, the Pensions Minister, Steve Webb, announced a range of proposals to restore people’s confidence and trust in pensions and to encourage savings. The most significant, in terms of scale, is the defined ambition scheme. I absolutely acknowledge the point made by all noble Lords tonight that there is a serious issue about lack of trust and confidence in pensions and savings; that is something on which the Government are very clear. For me, however, perhaps the most important point made in that strategy—indeed, it is one specifically raised by the noble Lord, Lord Stoneham, although others mentioned it too—was the Minister’s call on industry to use plain language when sending information to its members. As a new reader on this topic, I absolutely share people’s view that the jargon around pensions can create a real barrier.

I have very little time left but would like to say in response to the proposals from the noble Lord, Lord Patten, about perks—as he described them—for well-off pensioners that I will of course highlight to my right honourable friend the Chancellor what has been said. However, if I may beg the indulgence of the House, as my mum will definitely be watching on a matter such as this, I would be doing her a great disservice and be in huge trouble if I did not say that many of her friends, as pensioners, make the point to me on many occasions that they feel passionately about their bus pass. I want to mention that for my mum.

In conclusion, the number of stakeholders who have engaged with the Government in developing all these policies is indicative of common goals and a real drive by all to ensure that consumers can engage with the choices that they need to make about their retirement income. In the future, the FSA will be closely monitoring the impact of the RDR on consumers’ engagement with the market through its post-implementation review. An evaluation strategy will be agreed for measuring the success of the open market option package of measures, including the code of conduct. More generally, the Government remain committed to ensuring that everyone has the information and tools that they need to make responsible and informed decisions at retirement. I will of course follow up this debate with any letters to cover the issues that I have not been able to cover today.

House adjourned at 8.44 pm

Child Support Management of Payments and Arrears (Amendment) Regulations 2012

Baroness Stowell of Beeston Excerpts

Monday 26th November 2012 Lords Chamber

Moved by

[Baroness Stowell of Beeston]

That the draft regulations laid before the House on 15 October be approved.

Relevant document: 8th Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 20 November.

Motion agreed.

Disabled People’s Right to Control (Pilot Scheme) (England) (Amendment) Regulations 2012

Baroness Stowell of Beeston Excerpts

Monday 26th November 2012 Grand Committee

Moved by

[Baroness Stowell of Beeston]

That the Grand Committee do report to the House that it has considered the Disabled People’s Right to Control (Pilot Scheme) (England) (Amendment) Regulations 2012.

Relevant document: 9th Report from the Joint Committee on Statutory Instruments

[Baroness Stowell of Beeston]

My Lords, for the record, I should like to begin by paying tribute to the noble Baroness, Lady Campbell of Surbiton. Although she is not here today, it was her work that helped shape this policy and it was she who chaired the Advisory Group on Right to Control until earlier this year.

The purpose of these amendment regulations is to make two changes to the main Right to Control regulations, which were made in November 2010. The first change is to extend the period of the current pilot from December 2012 to December 2013, and the second is to remove Oldham Council from the list of local authorities delivering Right to Control.

In November 2010 your Lordships considered and supported the Right to Control (Pilot Scheme) Regulations. The purpose of the 2010 regulations was to pilot giving disabled people in certain parts of England a legal entitlement to choice and control over some of the public services they receive. Rather than providing disabled people with what we think they need or what is most convenient for the service provider, the Right to Control pilot gives the power to the disabled person to decide how money is best spent to meet their needs. For many, this right has been empowering. However, others have concluded that they do not want the responsibility of managing a personal budget and are happy for the services they need to be purchased and managed on their behalf. A third group may have been keen to take control of the funding allocated for them but have felt that they lacked the knowledge or experience to do this. This is where the support of their peers, perhaps from a disabled people’s user-led organisation, has helped them to gain the skills and confidence to take control of their funding.

The purpose of running a pilot scheme is to test what works and what does not, and Right to Control is no different. Seven trailblazing areas in England are currently testing the right. The results from the pilot will be used to inform decisions about the long-term future of Right to Control. The pilot scheme is currently due to end in December 2012, and when the 2010 regulations were made we thought that two years would be enough time for the pilot to show us what has worked best and how. However, while a great deal of progress has been made since the pilots began, there is still insufficient evidence on which to make an informed decision about the long-term future of Right to Control.

This view was informed by the interim evaluation report, which was published in February of this year, and by our ongoing monitoring, review and discussion with all the trailblazing areas. The interim evaluation identified some early successes as well as some areas for improvement. Moving from the start-up phase to a steady-state environment took longer than originally envisaged and the trailblazing areas also told us that the cultural change required proved to take far longer than had been anticipated.

Although progress continues to be made and more than 34,000 people have benefited from Right to Control, we concluded that there was insufficient evidence on which to make a firm decision about the best way forward. As a result, we decided that the best solution was to extend the pilot scheme by a further year, taking it to December 2013. This will enable us to gather more information and evidence of what works best, both for disabled people and for the authorities and organisations delivering Right to Control.

At this point, I should reassure the Committee that the primary legislation in the Welfare Reform Act 2009 places an overall limit of 36 months on the pilot. To be clear, it is not possible, even if it were our intention, to come back in another year with a proposal to extend the pilot again. The Welfare Reform Act 2009 also requires us to consult on any draft regulations about Right to Control. So between June and September of this year we consulted on the draft regulations before the Committee today. Although the number who responded to the consultation was low—only 40— those who did respond were in favour of extending the pilot by a year. We also consulted with, and sought the agreement of, each of the local authorities currently delivering the right, and all but one agreed to continue in the extension period. Oldham Council decided that it did not want to remain as part of the pilot but, importantly, its participation so far will be captured in the evaluation. The experiences of disabled people living in Oldham and of Oldham Council will feed into the formal evaluation and the overall lessons learnt from the pilot. We will use the extension period to continue to collect management information and to monitor progress. The results from this, together with the results of the full evaluation exercise, which is due next spring, will enable us to make a final, evidence-based decision on the way forward.

In conclusion, we see the extension of the pilot scheme as a key factor in reaching the right decision about the future of Right to Control. I am satisfied that the draft regulations are compatible with the European Convention on Human Rights and therefore I beg to move.

[Lord McKenzie of Luton]

My Lords, I thank the Minister for the introduction of these regulations, which have our full support. Right to Control is an important new right for disabled people, giving them greater control and choice over the support they receive to go about their daily lives. It results from the powerful advocacy, not least from the noble Baroness, Lady Campbell of Surbiton, who the Minister rightly referred to, which was advanced during the Welfare Reform Bill 2009 and from the approach of co-production which helped frame these important opportunities. We were also supportive of Right to Control being piloted through trailblazers prior to being rolled out nationally, with the inevitable lessons and challenges that emerge from its practical application.

As the noble Baroness has said, we have had the benefit of the interim evaluation of the trailblazers. However, although not published until February 2012, this related to field work undertaken between June and September 2011, not long after the trailblazers had started. The interim evaluation is therefore inevitably influenced more by start-up issues and less by what might become the steady state. Nevertheless, there are some encouraging messages, even from this early assessment, around changes in culture, encouraging partner organisations to work together and positive influences on how delivery staff work with disabled people. The evaluation identified co-production as having long-term benefits for the design and delivery of services for disabled people.

However, at the early stage the evaluation pointed up some big challenges, including lack of awareness and understanding of Right to Control among staff, including front-line staff. This extended to a lack of certainty over process, a lack of differentiation from previous personalisation initiatives, and a lack of knowledge about legal entitlement.

There was also a lower than expected take-up of Right to Control in the Work Choice and Access to Work funding streams, although it was noted that young people’s access might be through their college rather than through Jobcentre Plus. There was caution on the part of some delivery staff about investing time if the future of Right to Control is not assured. There was the perception of conflicting priorities with the belief by some that it made it more difficult to safeguard vulnerable adults. For some trailblazers some funding streams were already tied into block contracts. Moving away from these has resource implications at a time of severe financial constraints. Budget cuts, redundancies and organisational restructuring have affected trailblazers, making implementation and delivery of Right to Control more difficult.

The Minister said in the other place, and the noble Baroness has reiterated it this afternoon, that the Government continue to monitor the position and to collect management information. Perhaps we can hear how matters are progressing on those above issues. What proactive steps are the Government taking to overcome some of these difficulties and challenges? Collecting information is all very well but there needs to be something more positive, particularly around awareness and understanding. Clearly, trailblazer authorities and stakeholders have a role in this, but so do the Government. Is it still the Government’s intention to see Right to Control being rolled out nationally?

As I said, we support these regulations and the extension of the pilots for one year—as we have heard, the maximum permitted under the 2009 Act. However, we would not wish that to be an excuse for doing nothing in the mean time to help make a success of Right to Control.

--- Later in debate ---

[Lord Addington]

My Lords, I have listened to what has been said. It is very nice to discuss the continuation under this Government of a good idea that originated with the previous Government. Clearly, the political class has reached a degree of understanding on this issue. We should all applaud that. Most of the points that I was going to make have already been made. Indeed, the principal one has just been made by the noble Lord, Lord Low, which concerns what we are going to use the information for outside the immediate study area. People often say yes to something in a certain area but forget that it will apply across to something else. This information will be held not only within the subsets of a particular department but will be passed across departments. That often takes a great deal of time. I hope that in responding my noble friend will give us some idea of how the information will be used and will give a guarantee that it will be used not only throughout the relevant department but throughout the Government, or at least that it will be made available to all government departments. I would be very relieved if that were the case because this information is used to allow people to function independently. At the very least it should be brought forward to the start of the assessment process and not just kept for when a decision is implemented.

[Baroness Stowell of Beeston]

My Lords, I am very grateful to noble Lords for their contributions. I am particularly grateful for the support that has been expressed by the noble Lords, Lord McKenzie and Lord Low, and my noble friend Lord Addington. This is an important matter and, as has been pointed out, it achieved cross-party support when it was first put forward a couple of years ago. It is heartening to know that that support continues.

I shall try to deal systematically with some of the points that have been made. The noble Lords, Lord McKenzie and Lord Low, asked what the Government’s view is on whether they will be able to roll out Right to Control nationally. Obviously, because we are continuing this pilot, we do not currently have a view on whether Right to Control should be rolled out, because there is insufficient evidence to make a firm decision on its future. But the very fact that we are continuing this pilot and want to gain more evidence and information, because as a principle this is something that we support, I hope provides some confidence to all noble Lords.

The noble Lord, Lord McKenzie, asked how the pilots will be monitored during the extension period. The process will continue to include monthly reports and management information submitted by the trailblazers to DWP, monthly meetings between the project managers and DWP’s Right to Control project team, six-monthly reviews of individual trailblazers by the team and, of course, monitoring and support given to them by the team back at DWP.

The noble Lord also asked about awareness. After highlighting, as he did, the good things that had come out of the interim evaluation and the advantages that had been delivered by Right to Control so far, he went on to summarise some of the things that were perhaps less encouraging. He asked whether people were aware of this opportunity and what efforts we were going to make to raise further awareness. The legislation requires that, once it has been decided that a person is eligible for a Right to Control service, the responsible authority must inform them that they have a right to control—telling them which services are included and the likely monetary value of the support for which they are eligible—and about organisations that can provide advice and information about Right to Control and what it involves. The trailblazers also have a programme of awareness training for staff, and in the department the Right to Control team has facilitated the delivery of events for practitioners from all funding streams where learning and good practice in delivery has been, and will continue to be, shared.

The noble Lord also asked how many people have benefited from Right to Control. As I said in my opening remarks, until June 2012, over 34,000 disabled people have exercised their right; the latest management information for the period to the end of September, which is currently being evaluated, indicates that at least 37,000 now stand to have benefited.

The noble Lord, Lord Low, sought further information about how Right to Control is being evaluated. He made an important point, referring me to the fact that “no decision about us should be taken without us”. There are three elements to the independent evaluation; it is quantitative and qualitative, and there is a cost/ benefit analysis. The views and experiences of staff involved in the implementation and delivery of Right to Control will be taken into account, as will those of providers, customers and their carers, and, of course, disabled people’s user-led organisations. So everybody involved will be properly consulted as the evaluation continues.

The noble Lord, Lord Low, also asked about potential conflict between different benefits that someone might be entitled to, and their operation within Right to Control. It is worth making the simple but important point that Right to Control is about services and not benefits. On Access to Work in particular, this is currently part of Right to Control within trailblazing areas, and we will consider the future of Access to Work and Right to Control together.

The noble Lord, Lord Low, raised concerns around the impact of changes in structure in the department and the local authorities, and their effect on the delivery of Right to Control. While it is correct that there have been some inevitable changes in staff in local authorities and the DWP, some staff have also been working on Right to Control throughout. We have tried to ensure that there is best practice and learning both when people are replaced and between the different trailblazing areas. In the same vein, the noble Lord, Lord Low, asked about joined-up working and the efforts we will make to break down some of the institutional barriers. I can confirm that officials in the DWP are in regular contact with their counterparts in other government departments and that they have also facilitated the delivery of events for practitioners from all funding streams where learning and good practice regarding the delivery of Right to Control can be shared.

The noble Lord, Lord Low, also asked about the level of control that people can have over their support. People can choose different degrees of control. For example, they might choose to continue to allow the public authority to arrange support on their behalf, whether it is an existing or a different service. They might choose to receive a direct payment or might prefer, as some people surely would, a mixed approach, with some funding taken as a direct payment while continuing to use some services arranged by the authority.

My noble friend Lord Addington asked whether any local authorities act as control sites for the purposes of evaluation. I can tell him that seven local authorities have agreed to be matched as comparison sites for the trailblazers. The outcomes of deserving people and their Right to Control trailblazer areas will be compared with a group of disabled people who are eligible for services included in the Right to Control pilot scheme but who do not live in the trailblazer areas. These individuals will be drawn from the matched comparison areas that have been selected because they are similar to the trailblazer areas. That information will be used when considering the final decision along with the formal evaluation.

The noble Lord, Lord Low, asked whether I would meet disabled people’s organisations to discuss choice and control more generally. Of course, I would be delighted to do so and I am sure that my honourable friend Esther McVeigh, who is the Minister responsible for disabled people, is in regular contact. I would happily join her in meeting representatives of organisations to hear more from them and to see what more we can do. As I said at the beginning, the principle of Right to Control is one that we can support, and I hope to see an extension of the pilots and to receive a full and comprehensive evaluation of something that might be part of the future. On the basis that I have addressed all the points raised, I beg to move.

Motion agreed.

Children: Child Protection

Baroness Stowell of Beeston Excerpts

Thursday 22nd November 2012 Lords Chamber

[Baroness Gale]

To ask Her Majesty’s Government what measures they are taking to ensure that children are protected against physical and sexual abuse.

[Baroness Stowell of Beeston]

My Lords, child protection is an absolute priority for this Government, as indeed it is for all Governments. It is also a priority for the police and local authorities, who have a statutory responsibility to safeguard and promote the welfare of all children. Following the Munro review of child protection, we are supporting local agencies to free professionals from central prescription, focus on early help, develop social work expertise, strengthen accountabilities and promote learning. The Government’s child exploitation action plan also outlines a range of measures to tackle this particularly pernicious form of child abuse.

[Baroness Gale]

I thank the Minister for her reply. Does she agree that children who are subjected to sexual abuse and have the courage to report that abuse must always be believed and should be treated as victims? Will she further agree—perhaps she could ask the Government this—that when the nine inquiries into child abuse are completed, the Government need to have an overarching review of lessons learnt from those inquiries so that all our children will know that they have someone to go to, that they can report abuse and that they will be believed? The level of child abuse in our country at present, and in the past, is a national disgrace.

[Baroness Stowell of Beeston]

My Lords, I agree with the noble Baroness that all victims must be treated with respect and that their allegations must be taken seriously. The Prime Minister and the Home Secretary have been very clear in another place and at all opportunities when speaking recently about this issue, that anyone who is or has been a victim of abuse or has relevant information about any abuse must go to the police. As for a full review after the various investigations and inquiries are completed, my right honourable friend the Prime Minister has not ruled that out. However, we wish to wait for the outcome of the various reviews before deciding what further steps to take in light of that.

[Lord Roberts of Conwy]

My Lords, we have appointed children’s commissioners in Wales and England. Is it not time that we reviewed their powers? It seems that at the moment all they can do is listen to the victims and write about them. They should have more powers of inspection.

[Baroness Stowell of Beeston]

My Lords, perhaps the best way of responding to my noble friend is to refer to a very powerful speech that my right honourable friend the Secretary of State for Education, Michael Gove, made at the end of last week, in which he set out very clearly our great concern about child abuse. He said that although all Governments have tried hard to tackle it, the state is currently failing in its duty to protect children. He made various statements in order to provoke debate and discussion. One of the areas that he focused on was accountability, the structures that are in place and the different roles for different people. He did not refer specifically to the children’s commissioners, but I know that because he feels so strongly about this matter, as we all do, he is very open to proposals which would lead to a greater and more effective approach to dealing with child protection.

[Baroness Howe of Idlicote]

Does the Minister agree that the police are regarded as not being sufficiently effective in this area? Will she ensure that the new police and crime commissioners have this issue as a top priority?

[Baroness Stowell of Beeston]

As the noble Baroness may recall, when I recently answered a Question about the role of police and crime commissioners with regard to dealing with various different kinds of abuse, I had the opportunity to make the point that there is a clear statutory requirement on the police to ensure that they safeguard the welfare of children. This is a very important matter and a priority. Under the heading of child abuse—other noble Lords may wish to ask about this—there are things to do with child exploitation, which is a specific issue within child abuse. If that is what the noble Baroness is referring to, after the recent government review on this, CEOP has taken the lead in ensuring greater training of the police in the area of child sexual exploitation, and that is being rolled out in all police areas in the country.

[Baroness Walmsley]

My Lords—

--- Later in debate ---

[Baroness Stowell of Beeston]

The noble Baroness makes an important point because child sexual exploitation is a specific type of child abuse. As noble Lords will be aware, this form of abuse is very pernicious because those who are affected by it often do not consider themselves to be victims of that abuse. As the noble Baroness rightly suggests, it is very important that we ensure that the relevant agencies are properly briefed and made aware of what to look for. That was a recommendation that came out of the original government action plan, which was published a year ago. We are considering carefully the report published yesterday by the deputy Children’s Commissioner, and we will look to build on the action we already have in place.

[Baroness Walmsley]

Will the Minister join me in condemning those who called yesterday’s excellent report “hysterical”? The evidence was extremely sound. Will she encourage those who inspect local authorities to ensure that if authorities do not take into account the very clear evidence about the factors which lead to a young girl being abused, they should be downgraded when they are inspected?

[Baroness Stowell of Beeston]

I am grateful for the opportunity to make it absolutely clear that the report published yesterday by the Office of the Children’s Commissioner is very important. The Government will consider it carefully and seriously, and will respond later this year. As to the point made by my noble friend about inspections, as the House may or may not be aware, Ofsted carries out inspections of local authorities as regards their provision for child protection. The noble Baroness makes an important point; namely, that inspections have to be rigorous. Certainly, in recent times, the criteria and the way in which Ofsted has carried out these inspections has been tightened. We no longer accept a level of standard that clearly was not adequate to tackle this issue.

[Baroness Butler-Sloss]

I should like to pick up on the point made by my noble friend Lady Howe. What are the Government going to do about what appears to be the culture of the police, certainly in Rotherham and Rochdale, where girls under the age of 16 were treated as bad girls, rather than appreciating that criminal offences were being committed by these men? The girls, being under 16, were victims and were not just acting as prostitutes. It is a very serious matter that the police were not recognising criminal offences.

[Baroness Stowell of Beeston]

That is absolutely right. Forgive me if I did not respond in a way that properly acknowledged that point. If there was any ambiguity in my response, it was because, as I was trying to make clear in my response to another question, there is both child abuse and child sexual exploitation. Child sexual exploitation, to which the noble and learned Baroness referred, until fairly recently has not been properly tackled for all the reasons that she gave. In light of the review and the action plan that the Government produced just over a year ago, much more is going on in the police services to make sure that the police are properly aware and take the action that they must to tackle this serious crime.

[Baroness Smith of Basildon]

My Lords, I listened carefully to the Minister’s answer to the noble Baroness on the Liberal Democrat Benches about the Government’s response to the Children’s Commissioner’s report. It makes extremely grim and worrying reading that thousands of children and young people have or are being sexually abused, or are at risk of sexual exploitation. I am not sure that I heard the Minister condemn the Government’s source’s response to the report as being “hysterical” and I hope that she is able to do so. Does she agree with the comments in the report that many parents feel that they are ignored, or are assumed somehow to be at fault, if their child has been sexually exploited? Parents also must be involved in the solution.

[Baroness Stowell of Beeston]

I absolutely agree with the noble Baroness that the parents of those who have been abused have an important role to play in helping us to tackle this serious crime. Certainly, the recommendations made by the Office of the Children’s Commissioner in this report will be taken very seriously. We want to address this absolutely dreadful behaviour. We certainly will, as we already are, do everything that we can to make sure that this is addressed properly.