Children: Child Protection
Baroness Stowell of Beeston Excerpts(12 years ago)
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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 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.
Violence Against Women and Girls
Baroness Stowell of Beeston Excerpts(12 years ago)
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Baroness Gould of Potternewton
My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest as a joint patron of Everyman, an organisation working to overcome such violent behaviour.
Baroness Stowell of Beeston
My Lords, the government strategy to end violence against women and girls sets out our approach to responding to perpetrators of domestic violence and abuse. This includes: challenging attitudes and behaviours through communication campaigns; funding the Respect Phoneline, which offers support and advice to people who are violent and want help to stop; and developing intervention programmes for convicted perpetrators of domestic violence and abuse—programmes delivered in partnership with support services for victims.
Baroness Gould of Potternewton
My Lords, I thank the Minister for that reply, but does she believe that the prevention programme goes far enough? Surely she will accept that prevention is fundamental to reducing domestic violence, not only for the sake of the victims and their families but for reducing the financial cost to the NHS and local authorities. That is particularly important at this time, given the estimated 31% cut in support for refuges and support services for victims, which means that more of them will have to stay with the perpetrator. The Government need to help those perpetrators with a strategic prevention plan that includes a programme of education in schools.
Baroness Stowell of Beeston
I agree with the noble Baroness that primary prevention is vital. That is why we are trying to change attitudes that can lead to violence against women and girls at an early age through national advertising campaigns such as those against teenage relationship abuse and teenage rape. One of those campaigns will be starting again shortly. We are also working with partners to see whether more can be done to identify and support perpetrators at an early stage and encourage them into voluntary programmes to address their behaviour. However, as I am sure that noble Lords will acknowledge, we need to input a great deal of effort when perpetrators are picked up by the criminal justice system, because, while we want to try to tackle this before anyone commits this terrible act of violence in the first place, it is just as important that as soon as a perpetrator has been identified and has gone through the criminal justice system we have a robust programme in place to deal with these men to avoid them reoffending in future.
The Earl of Listowel
My Lords, does the Minister agree that drugs and alcohol are often important factors in domestic violence? Is she aware of the important work of the Family Drug and Alcohol Court, pioneered by the district judge, Nicholas Crichton, at the Inner London Family Proceedings Court, in addressing the issue of family drug and alcohol abuse? Will she look with her colleagues at ensuring that the funding of these courts is sustained over time? I apologise if the Minister is not aware of this initiative, but I recommend it for her attention.
Baroness Stowell of Beeston
I am grateful to the noble Earl for raising that matter and I will ensure that I am fully informed about it.
The Lord Bishop of Exeter
My Lords, I am sure that the Minister will agree that it is important that services working with perpetrators of domestic violence are delivered with a high degree of safety. Does she therefore share a concern and recognise that well meaning but ill thought-out attempts to do this work can end up doing more harm than good? What are the Government doing to ensure that where new services are developed, they are done well and meet agreed Respect service standards for practice and accreditation?
Baroness Stowell of Beeston
I am grateful to the right reverend Prelate for raising this matter. He will be aware that one of the things that the Government do is fund the Respect Phoneline, which is there for perpetrators or people who are inclined to carry out these terrible acts of violence. The Government also support Respect in its role in properly accrediting the kind of voluntary programmes that are important in local areas. We would certainly encourage anyone who wishes to follow one of these programmes to ensure that it has been fully accredited by Respect.
Lord Dholakia
My Lords, does the Minister accept that there is a lot of relevance to this question in the report published yesterday by the Children’s Commissioner? The perpetrators of violent crimes and abusive behaviour are predominantly male and the victims are predominantly female. Will she have a word with my noble friend Lord McNally to see how similar partnership projects could be promoted in our prison establishment to ensure that violent and abusive behaviour is tackled there?
Baroness Stowell of Beeston
I am sure that on another occasion my noble friend Lord McNally will respond in greater detail. As I said in response to a previous Question, as part of the offender management programme there are clear programmes to address those who have gone through the system and been convicted of these crimes.
Baroness Thornton
My Lords, I hope that the Minister is on some kind of productivity bonus, given the work that she is having to do today. I have two very quick questions. First, cuts to council budgets mean that half a million streetlights are having to be turned off, leaving women feeling unsafe when they are out at night and walking home. Will the noble Baroness write to local authorities to point out the issue about streetlights and safety for women? Secondly, we know that all the elected Labour PCCs have committed to a policy of making the fight against domestic violence a central part of their planning. Will the Minister write to all the other PCCs, inviting them to do the same? We would be very happy to let her have a copy of the policy.
Baroness Stowell of Beeston
I am grateful to the noble Baroness for her suggestion about streetlights. That is clearly an interesting idea. I will take it away and give it further consideration. On the role of the PCCs in taking the lead to address violence against women and girls, clearly the principle behind PCCs is that they are there to decide how to prioritise strategies in their local areas. However, local campaign groups have been very effective in raising those issues with PCC candidates, and I am sure that the organisation that acts as an overall body for PCCs will want to communicate this point to them as well.
Baroness Knight of Collingtree
My Lords, will the Minister bear particularly in mind the work done by Judge Crichton? His work is saving a lot of people and proving a lot more successful in its operation than other methods that have been tried. It would be dreadful if it were stopped.
Child Support Management of Payments and Arrears (Amendment) Regulations 2012
Baroness Stowell of Beeston Excerpts(12 years ago)
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Baroness Stowell of Beeston
That the Grand Committee do report to the House that it has considered the Child Support Management of Payments and Arrears (Amendment) Regulations 2012.
Relevant document: 8th Report from the Joint Committee on Statutory Instruments.
Baroness Stowell of Beeston
My Lords, these regulations were laid before both Houses on 15 October and will implement powers inserted into the Child Support Act 1991 by the Child Maintenance and Other Payments Act 2008, which was introduced by the previous Administration. A correction slip was published on 5 November, but the change was purely technical to correct a simple typing error in draft Regulation 3 concerning the amendment to the Child Support Information Regulations 2008.
I shall move on to the detail of the regulations in a moment, but first I will assure the Committee that the Government are determined to get to grips with the long-standing issue of child maintenance arrears. More and more parents are paying child maintenance, but we must ensure that those who do not are compelled to meet their financial responsibilities for their children and pay what they owe. To this end, we will shortly publish an arrears strategy, setting out our approach to preventing their accumulation and to collecting and enforcing them in future.
There are, however, some cases where child maintenance arrears are very unlikely ever to be collected in full, where we have no legal power to enforce them, or where they are no longer wanted by the parent with care. It is only these cases that the regulations we are debating today look to address. The regulations provide the ability for the department to accept a part payment in satisfaction of a child maintenance debt in full. When these regulations are introduced, the department will use them only in response to part-payment offers received from clients and will not take a proactive approach. Only once we are satisfied that we have a robust process in place will we consider how and when a proactive approach could be taken.
Where the department has exhausted all appropriate enforcement measures but has been unable to enforce the full amount owed, and where both parties are in agreement to a lesser amount being paid, this power will enable the department to bring cases to an acceptable resolution for clients. It is intended that the ability to accept such lower amounts will enable money to flow to children in cases where it may otherwise not have done and incentivise non-resident parents to come to agreements in respect of their arrears. As part of maintaining this principle of providing a real incentive for non-resident parents to pay, where a part-payment offer is made and the non-resident parent pays maintenance to more than one parent with care, they will have the ability to specify which parent they want the money paid to.
In plain English, what that means is that if the non-resident parent—for these purposes, let us assume that it is a man—is paying maintenance to two different parents with care—for these purposes, let us assume that they are both women—he will be able to choose which mother and child he makes the part payment to. However, I shall come on to a very important point about any parents to whom a part payment is not made. We will be clear with the non-resident parent that the arrears will remain owed in full and will be subject to enforcement. To make that absolutely clear, if a part payment is made to one parent with care—one woman—and there is another woman to whom the non-resident parent is paying maintenance, the other woman will not be in any way affected by this decision.
Where a part-payment offer is made, the department will consider on a case by case basis whether the offer made by the non-resident parent is reasonable, taking into account the probability of collecting all the arrears due and the non-resident parent’s employment status and income. The department will also obtain written consent from the parent with care in every case and will not accept any part-payment offer to which they have not given their explicit consent. So if the parent with care does not agree, it will not be forced upon them. This will continue to be the case if, in future, a more proactive approach is taken by the department in relation to part payment.
When the part-payment powers are introduced, they will only allow part payments to be made by non-resident parents in one lump sum. However, following the views of stakeholders in response to the public consultation, the department will introduce further regulations in future that will allow part payments to be made by instalments, once the required system changes have been made to accommodate them.
Moving on, the regulations also provide the power to write off some arrears of child maintenance, but only in the explicit circumstances set out in the draft regulations. The provisions of the 2008 Act limit those regulations to circumstances where it would be “unfair or otherwise inappropriate” to pursue enforcement of the arrears. An example of where arrears can be written off under these regulations is where the parent with care has explicitly informed the department that they do not want the arrears collected. Where this is the case, the department will ask the parent with care to confirm this in writing and ensure that it provides all the information necessary to enable them to make a fully informed decision.
In other circumstances covered by the regulations, such as where the non-resident parent has died and we cannot recover from their estate, there is no way of ever collecting the arrears. In such cases, where the arrears will never be collected, it is not sensible to allow them to remain outstanding. It is better to be open and transparent and write off the arrears. Where the department is considering writing off arrears it will inform both clients of this if they are still alive and, where appropriate, will give them 30 days to make representations. As my honourable friend pointed out in the other place, this period has been extended from 14 days following responses received to the public consultation on these regulations.
The department will then consider those representations and inform both clients of the decision on whether to write off the arrears. Cases will always be considered on their own merits and the views and information provided by clients will always be taken into account. All arrears written off under the write-off and part-payment powers will be carefully and fully recorded. Clients will be kept informed of what is happening in their case and why. Where appropriate, their consent will always be sought.
In summary, these powers are intended to address a minority of cases. They will be used only where the department is unlikely ever to collect the arrears in full, where all enforcement measures have either been exhausted or are not appropriate, and where clients have either been informed or, where appropriate, have given their consent. The department will continue to collect arrears whenever a parent with care wishes and it is appropriate and possible to do so.
I am satisfied that this statutory instrument is compatible with the European Convention on Human Rights, and I commend it to the Committee.
Lord McKenzie of Luton
My Lords, I thank the Minister for introducing these regulations in a comprehensive way. As she said, they derive from the provisions of the Child Maintenance and Other Payments Acts 2008. It was legislation of the previous Government, so we clearly support its thrust and that of the regulations. Incidentally, the “Other Payments” bit of the Act, as the noble Lord, Lord Kirkwood, will remember, was the no-fault scheme of compensation for sufferers of mesothelioma.
We have a few questions. One was prompted in particular by the Minister’s introduction, when she referred to the arrears strategy that will be published shortly. Can she give us a rough idea of what “shortly” means?
On the write-off of arrears, the Minister in the other place was clear, as was the noble Baroness, that the intent was that the power would be used only where the arrears were no longer wanted or where there was no legal way of enforcing the arrears owed. As example of the latter circumstance, the Minister instanced the PWC or NRP having died, or there having been an interim maintenance assessment. We have no questions on interim assessments, which were a mechanism designed to get some sort of payments out of non-resident parents who were not co-operating with the system. However, the new regulations also include circumstances, at paragraph 13G(f), where,
“the non-resident parent has been informed by the Secretary of State that no further action would ever be undertaken to recover those arrears”.
I am unclear whether this a separate circumstance rather than just an administrative requirement of the others. If it is not, what are the circumstances in which that would apply?
The death of the PWC raises the question—I cannot remember the answer although I asked it in the past—of whether the debt due from the non-resident parent is technically a debt due to the parent with care or to the CSA, or CMEC as it is now, which has a corresponding liability to the PWC. If the latter, is there any reason why it should die with the PWC? Even if the former, would it not be an asset of the estate—to the extent that it is collectable, of course? Presumably, if someone else takes on responsibility for caring for the child when the PWC dies, a new child maintenance assessment is potentially in point, unless a voluntary arrangement can be agreed. A similar power—which was referred to—applies when the NRP died before 25 January 2010, or where there is no further action which can be taken with regard to the NRP’s estate.
I presume that the January 2010 date is the relevant date under Section 43A, which was introduced to enable recovery from a deceased person’s estate. Will the Minister remind us of the status of such debts when the estate has insufficient funds to meet all outstanding debts and obligations? What will be the approach to compromising, or otherwise, on that which is owed under child maintenance arrangements? Before accepting part payment it is obviously important that the full rigour of the enforcement procedures available has been deployed. Doubtless the Minister will be aware of the considerable range of powers in the 2008 legislation. These include disqualification from holding or obtaining travel authorisation, curfew orders and disqualification from driving. Can we have an update on which of Sections 20 to 30 of the 2008 Act have been brought into force and when any remaining provisions are to commence?
Where part payment of arrears is to be accepted, whether or not appropriate consent is required, as I understand it, depends on the extent, if at all, that the amounts are due to the Secretary of State or to the PWC. It reasonably follows that where the amount of any payment is due to the Secretary of State—presumably for benefit recovery—then appropriate consent is not required for accepting a smaller sum in settlement. Will the Minister explain what safeguards are to be in the system to prevent any amounts being accepted as part payment in such a way as to leave the amounts which are collected due to, or disproportionately due to, the Secretary of State? If it is accepted that there must be a written agreement involving the PWC, what guidance and support will be available for them to make a judgment in these matters? Will amounts accepted in part payment always maximise the amounts due to the PWC, with the Secretary of State picking up any residue? Is there scope for the NRP to disagree with any allocation between the Secretary of State and the parent with care?
These regulations will presumably be applicable to the charging regime in due course. Again, what safeguards will be in the system to prioritise moneys for the PWC? As discussed in another place, the Explanatory Note envisages acceptance of part payment being by way of a lump sum—the noble Baroness referred to this in her introduction. However, it has been accepted that the primary legislation does not limit arrangements to lump sums. Nor, it would seem, does the order. The noble Baroness referred to bringing forward further regulations in due course. I am not clear, from these regulations, why that would be necessary and why the regulations cannot operate to cover a series of payments when the systems can cope with it.
If it is the intention to limit settlements to lump sums, this would appear to be a more limiting facility than is necessary. Would it not be the case that more NRPs are likely to be able to enter into some form of settlement if there were some prospect of spreading payments than if the compromise could only be by way of a lump sum? Indeed, it begs the question: if the NRP can make a payment in settlement of the arrears, what is defective in the enforcement powers that otherwise prevents these sums from being collected in the normal way?
We have followed the exchanges in another place concerning circumstances where the NRP may be obligated to make maintenance payments in respect of children in more than one family. Giving the NRP the right to allocate any settlement moneys is not an easy matter, but we see the thrust of the Government’s position on that, particularly as reinforced by the Minister’s comments in respect of the other parent whose arrears remain fully due and collectable.
As I said, we support the regulations. We are aware that they could be applied in a positive way to help move more money quickly for more children, but also in a negative way—the latter to avoid the grind of using to the full the extensive enforcement powers, with the temptation offered to PWCs to have the promise of some early money even if it is not their full entitlement. However, we note the assurances given by the Minister in the other place that the Government will only be reactive in the initial stages of using these powers, which again was reinforced by the Minister this afternoon. Nevertheless, when considering an offer from an NRP, what kind of assurances will be sought concerning full disclosure of the NRP’s current financial status? All in all, we are prepared to give the Government the benefit of the doubt, but we seek assurances on the monitoring of these provisions and regular reporting to Parliament.
Baroness Stowell of Beeston
My Lords, I am very grateful for the support I have received from the noble Lords, Lord McKenzie and Lord Kirkwood. I will endeavour to respond to the various detailed questions that have been put. I note the generous offer made by the noble Lord, Lord Kirkwood, that he will accept responses in writing to any questions that I am not able to address today. Of course, if that is necessary, I will ensure that I follow up in that way, although I hope that I can get through most of the points raised.
To try to make this manageable—for myself if no one else—I will take this in three chunks. I will start with what I would categorise as general queries, then move on to the small number of points made on the write-off part of the regulations, and finally I will deal with part-payment, on which I think most of the points were raised.
On the general questions, both noble Lords asked about the new arrears strategy. I can confirm that that will be published shortly and certainly in line with the deadline that the noble Lord, Lord Kirkwood, mentioned, which was this side of Christmas. The noble Lord, Lord McKenzie, asked about the commencement of the full range of enforcement provided for in previous Acts. As I think I have made clear, our primary focus is the delivery of the new scheme. We will consider what additional enforcement powers should be brought into effect after the new scheme is introduced. We have introduced deduction orders and are using them widely, so they are already in operation.
The noble Lord, Lord Kirkwood, asked how the exploration of a new means of reporting arrears was going—apparently a previous Minister referred to this. Following the recommendation of the independent arrears panel, we have begun a trial of the reclassification of arrears, based on an approach undertaken in Australia. This trial is still under way but once it is complete and we have undertaken a full evaluation of its results, the department will take a view as to whether the approach should be rolled out across the case load. That is something that is still ongoing.
I am new to the DWP but I am getting the impression that IT is a general theme, so I have put it under “general issues”. The noble Lord, Lord Kirkwood, asked whether the computer system can cope with part-payment. The answer is: yes, but not part-payment by instalments yet, hence the system changes that we are making. That is something that we acknowledge but are dealing with.
I will move on to write-off, although there are some things that I want to come back to. The noble Lord, Lord McKenzie, asked about the date under Section 43A and the deceased’s estate where a non-resident parent has died before January 2010. This is the coming into force date of the powers relating to recovery from a deceased’s estate. I apologise but I cannot quite remember the question the noble Lord put to me.
Lord McKenzie of Luton
I think that the noble Baroness has answered the question. Could she just confirm that that is the date from which recovery could be made against a deceased person’s estate? Prior to the 2008 Act, there was no facility for that. I seek confirmation only because it is the first time I have seen the date.
Baroness Stowell of Beeston
Yes, it is the coming into force date of the recovery from the deceased estate powers.
The noble Lord, Lord McKenzie, asked whether debt is due to the parent with care or to CMEC or the CSA, or should a debt die with the parent with care. The debt is due to the parent with care. Where the parent with care has died, we will try to find the executor of the estate, who may have an entitlement to the money. If we cannot find the executor, the debt cannot be collected. The reason I am hesitating here is that I am wondering if we have “parent with care” and “non-resident parent” in the right place in this answer.
The debt is due to the parent with care. Where the parent with care has died, we will try to find the executor of the estate, who may have an entitlement to the money. If we cannot find the executor, the debt cannot be collected. We have got to identify the person who would be legally entitled to that debt. We cannot collect on behalf of someone we have not been able to identify.
I shall move on to part payment and the various questions that were raised. Perhaps I may start with the points put by the noble Lord, Lord McKenzie—
Lord McKenzie of Luton
I am sorry to interrupt, but just so that we can tick the points off as we go along: in terms of write-offs, there is the issue around paragraph 13G(f) and whether that is an additional provision relating to write-offs and the circumstances in which that would apply.
Baroness Stowell of Beeston
This may be something I would prefer to write to the noble Lord about.
Again, moving on to part-payment, the noble Lord, Lord McKenzie, asked about safeguards and what guidance and support would be provided to the parent with care. The department will make an assessment of whether an offer is reasonable before passing it on to the parent with care. We will certainly not pass on an offer if we do not think that it is reasonable. In response to a later point raised by the noble Lord, Lord Kirkwood, in making that assessment, the agency will want to be clear about the status of the non-resident parent in terms of their current employment and so on.
The noble Lord, Lord McKenzie, asked how we will measure the success of these powers. The department will record all instances where a debt is extinguished as the result of a part payment agreement or under the explicit circumstances in the regulations which allow write-off. We will monitor the results carefully to ensure that the powers are being used correctly, effectively and only in appropriate circumstances. This information will be made publicly available as and when it is requested, for example in the usual way via a Parliamentary Question, and the department will be happy to answer any questions and to respond as we progress.
I was also asked in what circumstances the CSA has advised a non-resident parent that their arrears will never be collected. Advising non-resident parents that their arrears will never be collected is not standard practice in the CSA. We are, however, aware that this has happened on occasion. Where the non-resident parent can provide evidence to support their claim, it would be very unlikely that the department would be successful in enforcing a liability through the court in the future. The non-resident parent has been given a legitimate expectation that this would not happen and therefore the arrears should be considered for write-off.
Lord McKenzie of Luton
I think that deals with the point I raised earlier that the Minister was going to write to us about. There is a specific provision that says,
“the non-resident parent has been informed by the Secretary of State that no further action would ever be taken to recover those arrears”.
If that refers to what has happened in the past occasionally, that deals precisely with my query.
Baroness Stowell of Beeston
I am grateful to the noble Lord—he is demonstrating his experience in this area. That is one fewer letter for us to have to commission and I am sure that my friends behind me will be grateful for that. The noble Lord asked if there is scope for the non-resident parent to disagree between allocations to the Secretary of State and the parent with care. We will give the parent with care’s debt the priority and both clients will be informed of this. The non-resident parent can specify which parent with care, as I explained in my opening remarks, but the department will decide the priority hierarchy after that. Obviously, we will give the parent with care priority over the Secretary of State.
The noble Lord asked what was defective about the enforcement powers that might lead us to this arrangement for part-payment. The enforcement powers are not defective, but there are circumstances in which there is no suitable action to take; for example, where a non-resident parent is self-employed and has no assets. In this example, there is often no way of collecting the debt in full—I think that might address one of the points of the noble Lord, Lord Kirkwood, as well.
The noble Lord, Lord McKenzie, asked about the lump sum of part-payments and clarified why instalments have to be regulated for at a later date. This is one of those technical answers. If we regulated to allow for that now but could not facilitate it in practice I am advised that we could face legal challenge. We can therefore only introduce the legal power once we know that we can deliver it in practice. So we would if we could, but we cannot.
Baroness Stowell of Beeston
I shall ignore the remarks of the noble Lord from a sedentary position and keep moving on.
The noble Lord, Lord McKenzie, also asked how the department will stop non-resident parents using the part-payment powers to play the system—“Where are the risks?”. The noble Lord may not have used that phrase, but I think he was asking where the risks were in this. If a non-resident parent enters into a part-payment agreement and subsequently defaults, the legislation provides that the commission may cancel the agreement and pursue the non-resident parent for the total amount of the arrears that they owe. Both parents would be notified of this before entering into a part-payment agreement with the commission. A non-resident parent will therefore have an incentive to remain compliant with their part-payment agreement.
The noble Lord, Lord Kirkwood, talked about older cases and asked whether arrears in these cases will get the same priority as more recent ones. The strategy to which we have already referred, and which is due for publication soon, will set out what we plan to do to stem the growth of arrears and manage arrears in all types of cases. It is an issue that we recognise and it will be addressed. He also asked about any arrears that have built up on the existing schemes once a case has been closed. This subject will be brought before the House for debate next year—I look forward to debating it at that time and I will ensure that I am fully equipped to answer the noble Lord then. Arrears of maintenance accrued under existing schemes will continue to be owed to the parent with care unless that parent requests that it not be collected.
I have covered the points raised by the noble Lord, Lord Kirkwood, and I believe that I have done the same for the noble Lord, Lord McKenzie. I will conclude by restating my thanks to the noble Lords for their support for these regulations.
Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012
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Baroness Stowell of Beeston
That the draft order and regulations be referred to a Grand Committee.
EU Report: Women on Boards
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Baroness Stowell of Beeston
My Lords, first I congratulate my noble friend Lady O’Cathain on securing this debate so swiftly after publishing the committee’s report on Friday and ensuring that it is possible for us to discuss this important issue in a timely fashion. I also congratulate all noble Lords on their contributions today. Perhaps it is a reflection of the lack of time available to noble Lords that no one else mentioned this, but I thought it striking that in this debate about women on boards we have had contributions from nine men and seven women. That is interesting in itself.
On a topic such as this, lots of statistics have been mentioned and I will mention more in the course of my response, but with the exception of the remarks just made by the noble Baroness, Lady Thornton, it was also interesting that it was noble Lords rather than noble Baronesses who spoke in support of quotas. The noble Lord, Lord Giddens, as one of those noble Lords, referred to representation in the European Parliament. It is worth noting that, in the Commission, of the 26 Commissioners 17 are men and nine are women. I am not here to speak for them, but it is none the less worth mentioning.
As my noble friend acknowledged, the Government will want to consider the report’s findings carefully and respond in detail. Our immediate reaction is that the report is thorough and comprehensive and we welcome it. I am pleased that the committee concluded that quotas are not the way forward in bringing about change and that the voluntary business-led approach that we are taking in the UK is a much more effective way of achieving long-term, sustainable change.
Noble Lords raised a wide set of issues. To respond, it is probably best to start with the Government’s position on the proposed EU action. As we all know, a proposal was put forward by Vice-President Reding in October which was not voted on. As has been mentioned, it is expected that a formal proposal will be put forward tomorrow. I will not—I am sure noble Lords would not expect me to—respond to any speculation about what might come out tomorrow, although I acknowledge, as has been mentioned, that there is a report in the FT today speculating on what might be said. Our basic position is that we welcome a discussion at the EU level about the best approaches to increase the number of women on boards. We welcome the efforts by Vice-President Reding to keep this issue high on the political agenda. We want more women on boards and in senior positions.
My noble friend Lady Scott of Needham Market was the first to raise the question of competency in the remarks today. There is a role for the European Union to ensure that good practice is shared and data are collected. There is also competency for the EU under its responsibilities to ensure equality in member states. However, we do not agree that quotas are the answer to our desired objective to have more women on boards and we will resist any effort by the European Commission or European Union to impose them. We take that position and do not support quotas because many member states have recognised the need to take action and are doing that in ways that they think best suit their own national needs. In many cases they are making progress.
The noble Lord, Lord Giddens, mentioned the success of quotas in Norway. That is right and, if it works for those in Norway, who am I to stand in their way if they think that adopting quotas is right for them? We do not think that quotas are the right approach for the UK. It is also worth noting that, while they have had success in Norway in terms of non-executive appointments, they have not had a correlation in the success of executive appointments. Because we think that member states are best placed to take action, we therefore question whether, under the principle of subsidiarity, there is a case for the Commission to impose quota legislation. The noble Lord, Lord Kakkar, asked about that and I hope that I have been able to clarify the difference. He also referred to evidence that my honourable friend Jo Swinson gave to the committee. When she talked about competency, she was talking about the role of the EU in terms of governance arrangements on boards. As to his direct question about whether imposing quotas would be illegal, that is premature. We do not know what the Commission will propose and I would not want to set out what we might do until we know exactly what it will put forward.
We do not accept that quotas are right for the UK. Member states, like business, need to be able to respond to the changing environment and varying needs of the business community. An inflexible, one-size-fits-all quota system is not the answer. That point was also made by my noble friend Lady Scott of Needham Market. If countries decide that they want to adopt quotas, that is a matter for them. When there are different types of governance arrangements for boards in different countries, one size across all areas would not work. In this country, the majority of women are not in favour of quotas. Certainly we in the Government feel that quotas address the symptoms and not the cause of women’s progress. As mentioned by other noble Lords, women want to be appointed to senior positions based on their skills and experience, not because of their gender.
The representation of women on boards and in positions of authority in all sectors is important. At this point, I pay tribute to my noble friend Lady Miller of Hendon for all her work in promoting the cause of women in Parliament. She is right to remind us that it is not just in the public sector that it is important to have women in positions of authority. This point was also made by my noble friend Lord Freeman. I take on board his point that the Government and public sector need to take the lead in this area. As to what the noble Baroness, Lady Thornton, also said about the Civil Service, clearly there needs to be progress. However, although I do not have the statistics to hand, over the last 15 years there has been quite a significant improvement in the number of women in senior roles. While I would not suggest for a moment that this progress should not continue and that more cannot and should not be done, we must not believe that when a woman moves out of a post we are taking a backward step.
As much as we believe that it is right to have women in positions of power, we need to be clear why we believe that businesses would benefit from more women in senior positions. My personal view is that women need to hear that they are wanted. We are more likely to widen the pool of talent if we can spell out to women who perhaps would not naturally put themselves forward why having them in these positions is something that we want. We agree with the findings of the committee’s report that there is no causal link between more gender diversity on boards and stronger financial performance. It is difficult to find conclusive evidence for the economic impact of increasing the number of women on corporate boards. However, the correlation between strong business performance and women’s participation in management is striking. I noted the example given by the noble Lord, Lord Bilimoria, and his experience on the board on which he sits.
The report of the noble Lord, Lord Davies, has been referred to on several occasions. It is clear that the case for greater diversity hinges not only on the link with improved corporate performance, but also on ensuring that companies access the widest talent pool, are as responsive as possible to the markets that they serve and look to improve corporate governance. My noble friend Lady O’Cathain referred to other issues, including dealing with groupthink.
The Davies report is the approach that we are following here in the UK to try to improve the representation of women on boards. We believe that it is right to take the voluntary business-led strategy set out by the noble Lord, Lord Davies, in his report. As noble Lords know, he set out 10 recommendations aimed at increasing the number of women on boards and, 18 months on, women now account for 17.3% of non-executives in the FTSE 100 and 11.3% of FTSE 250 board positions, which is real progress. There are now only eight all-male boards remaining in the FTSE 100, which is down from the 21 of 18 months ago.
The voluntary code of conduct written by the executive search firms has played a key role in the progress that we have seen in the numbers of women attaining boardroom positions. It ensures that women are treated fairly within the recruitment process. In terms of our own learning, this is certainly something that we seek to share with other member states. However, a lot more still needs to be done if we are to meet the Davies target of having 25% on FTSE 100 boards by 2015.
I will make a couple of additional points on this. The noble Lord, Lord Haskel, pointed to the suggestion in the committee’s report of a target of 30% by 2020. In response, I would say that the report of the noble Lord, Lord Davies, was very much about minimum targets. That 25% is a floor, not a ceiling. Furthermore, the noble Lord and his committee went to great lengths to set a target that was both stretching but achievable by 2015. However, that does not rule out the possibility of going further. I would certainly not want to give the impression that that would be the end of the matter.
The noble Lord, Lord Clinton-Davis, asked whether quotas should be used if targets do not work. He is right to ask that—I think that the noble Baroness, Lady Thornton, also raised the question. It has been said both by the noble Lord, Lord Davies, and by the Prime Minister that there remains a last resort if all else fails. However, we want to pursue this voluntary approach and there is evidence that it is working. The most important thing is that if ever this country decided that it wanted to set targets, we should take that decision for ourselves and not have it imposed on us by Brussels. The noble Lord, Lord Giddens, asked whether there would be sanctions if the 25% target was not reached. My response is that, once we start imposing sanctions, we are inevitably introducing quotas by another name.
The pace of change needs to be accelerated. What has been acknowledged is that, while we are making real progress in the non-executive ranks of boards, we need to see much greater change among the executive director roles. That was mentioned by my noble friends Lady Noakes and Lord Freeman. Currently, women account for only 6.6% of those at executive director level of FTSE 100 companies, which is very disappointing. Addressing this issue is complex and it will take some time to see actual progress. However, the 30% Club and the Women’s Business Council—a group put together by this Government—are looking at this issue.
I went to a press launch today where the Conservative Women’s Forum announced that it would be looking into the barriers preventing more women from reaching senior executive positions. I think that we all want to understand which common barriers get in the way of allowing women to get into those senior management roles. As the Deputy Prime Minister announced today, initiatives such as greater choice around flexible working and flexible leave are issues that will have a positive effect once we are able to make progress in that area.
Because I am running out of time, I will just acknowledge that my noble friend Lord Moynihan mentioned women in board positions in sport. I will of course raise that with my right honourable friend the Secretary of State. I also want to make the point that transparency and monitoring are a very important part of ensuring that we make progress. I note what the noble Baroness, Lady Ford, said about seeing whether the new reporting requirements could be extended to search firms. I am not able to commit to that, but it is an interesting idea.
We will continue to work with businesses, investors, directors and chairmen to spread the word that diversity makes economic sense. Some success has been achieved, but we need to increase the pace and gain greater momentum. My noble friend Lady Miller said that women are on the edge of a breakthrough. I hope that that is the case. Certainly, boards can change, and they can and will change without regulation. If I have not been able to cover any point that has been raised today, I will write to noble Lords.
BBC: Resignation of Director-General
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Viscount Younger of Leckie
I thank the noble Baroness, Lady Jones, for her response. I entirely agree with her and appreciate very much the support she has given and the offer of cross-party support in this most difficult of times for the BBC. I entirely agree with her that we must allow for some stability and some calm, both for the trust and for the executive of the BBC, to allow them to see through these very difficult problems. I also agree entirely that we must not forget the precise issue that we are talking about, which is focused on the sexual abuse of vulnerable and young people. These, and the reasons behind them, are the issues which are to be investigated. It is vitally important that we get to the bottom of these, find out what happened and make some decisions accordingly. Clearly, there has been an endemic failure of leadership within the BBC. I have every confidence that my noble friend Lord Patten of Barnes has acted decisively and is making the right decisions to take things forward at this time.
The noble Baroness asked a number of questions. As for the level of severance pay for Mr Entwistle, it is up to him to decide whether he wishes to—how shall I put it?—give any money back that he will be receiving. It is entirely up to him. I agree with the noble Baroness about the job description of the director-general. It is not up to the Government to say what the job description should be and how it should be outlined. That is a matter for the BBC. There could well be a rethink of the job description and a relook at the current candidates. However, I again emphasise that that is a matter for the BBC to decide. We must allow the noble Lord, Lord Patten, to continue to work through these issues. He acted decisively yesterday to put in place a procedure for finding a new permanent director-general. I confirm that details of letters will be made public as and when they arrive.
Finally, I concur with the noble Baroness that the BBC is, indeed, a much loved institution. The priority, in a spirit of cross-party support, is to give every support that we can to the BBC at this time.
Baroness Stowell of Beeston
My Lords, before we start with the Back-Bench contributions, I will give the usual reminder that, as this is a Statement, noble Lords have the opportunity to make brief comments and questions only.
Crime: Violence Against Women and Girls
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Baroness Royall of Blaisdon
To ask Her Majesty’s Government whether they have considered what role police and crime commissioners may have in combating violence against women and girls.
Baroness Stowell of Beeston
My Lords, police and crime commissioners will be democratically accountable for cutting crime and ensuring that the policing needs of their communities are met. Given the prevalence of violence against women and girls across the UK, we expect PCCs to have a key role in tackling these crimes by setting the strategic direction, determining local budgets and holding their respective chief constables to account for the totality of policing within their force areas.
Baroness Royall of Blaisdon
My Lords, I am grateful to the noble Baroness for that Answer. Domestic abuse is still a hidden crime that occurs behind front doors on every street in every town, city and village. Is the Minister aware that every Labour police and crime commissioner who is elected will adopt an excellent five-point plan on women’s safety? While I hear what the noble Baroness says—that the Government expect police and crime commissioners to act on these issues—what will they do to ensure that all such commissioners, of no matter what party, make tackling violence against women and girls a priority?
Baroness Stowell of Beeston
My Lords, we all want to see violence against women and girls stamped out. For the first time ever, victims will have to be listened to before decisions are made about policing priorities in their areas. If noble Lords want to know how big a deal that is for victims of crime, I urge them to read the speech made last Thursday by my noble friend Lady Newlove in the debate about PCCs. Whatever PCCs decide to do locally will be on top of the commitments already made by this Government and in addition to the measures in the organised crime strategy. I point to what has happened in London, where the Mayor of London provides the nearest example of what PCCs will be able to achieve once they are in post. In his first term the mayor increased the number of rape centres from one to four, using some of his own funding, and set up a helpline and a website for victims. It is interesting to note the way in which the local violence against women group has engaged with him in putting together that strategy and holding him to account for delivering it.
Baroness Hussein-Ece
My Lords, does my noble friend the Minister share my concern that 10% of boys think it is okay to slap their girlfriends and that one in three teenage girls have experienced violence from their boyfriends? Does she not agree that more needs to be done to educate young men and boys in schools? The police should have a role in trying to ensure that crimes against girls in the form I have just described are reported by schools and there should be proper programmes whereby boys learn about respectful relationships with girls.
Baroness Stowell of Beeston
I certainly agree with my noble friend that victims of violence extend to young girls in relationships, and that boys need to be educated. In fact, I will next week answer a Question about what is being done to help men who are inclined to this dreadful behaviour. It is worth making the point that one of the changes that this Government have made is to extend the definition of domestic violence to include violence against girls who are 16 and 17, and that is a welcome measure.
Lord Richard
Does the noble Baroness agree, as a matter of principle, that the lower the poll the weaker the mandate? In those circumstances, if the poll in these elections turns out to be derisorily low, how does she think that police commissioners will be able to combat violence against women or, indeed, any other form of criminal activity?
Baroness Stowell of Beeston
Any mandate that the police and crime commissioners achieve will be stronger than the mandate that currently does not exist for the invisible police authorities.
Lord Laming
Will the Minister assure the House that when these changes take place, every encouragement will be given to chief constables to ensure that when they come across homes in which there is domestic violence and that have young children in them, steps will also be taken to refer those matters to social services to make sure that those children are protected from this behaviour?
Baroness Stowell of Beeston
Yes, my Lords. One of the advantages of the new regime of PCCs and devolving decisions on policing priorities in this way is that it will, I hope, lead to greater co-ordination between local agencies. Particularly with regard to children, it is worth reminding noble Lords that the noble Lord, Lord Laming, was successful in introducing an amendment to the Police Reform and Social Responsibility Bill to ensure that police and crime commissioners hold the chief constable to account for safeguarding children and the promotion of children’s welfare.
Baroness Browning
Notwithstanding the work of police and crime commissioners, will my noble friend confirm that the Government will centrally continue the valuable work they are doing to combat violence against women and girls?
Baroness Stowell of Beeston
Yes, I absolutely can confirm that. It is worth making clear that under this Government we have set aside £40 million of secure funding until 2015, and it is guaranteed funding that will continue. Within that £40 million, £10.5 million has been allocated to rape support centres located throughout the UK.
Lord Mackenzie of Framwellgate
My Lords, if a dispute arises between the police and crime commissioner and the chief constable, who would arbitrate? If the matter was not resolved, could that lead to a loss of confidence by the commissioner in the chief constable, which could lead to dismissal?
Baroness Stowell of Beeston
The noble Lord should be clear that operational decisions for policing remain very much the responsibility of the chief constable. The role of the police and crime commissioner is to be the voice of the local community and to make sure that, in setting the strategic priorities, the local community’s voice is heard.
Benefit Cap (Housing Benefit) Regulations 2012
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Baroness Stowell of Beeston
That the draft Benefit Cap (Housing Benefit) Regulations 2012 be referred to a Grand Committee.
Arrangement of Business
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Baroness Stowell of Beeston
My Lords, the next debate is time limited, as noble Lords have resolved today. As is clear on the speakers list, the Back-Bench contributions are limited to eight minutes, with the exception of that of the noble Baroness, Lady O’Neill of Bengarve. My reason for highlighting the eight minutes is that, as noble Lords will know, the Whips Office takes great care to ensure that the maximum amount of time is allocated to Back-Benchers within the constraints of the two-and-a-half hours. On this occasion, if everyone sticks to the limits that have been set out, we will have only one minute spare for the noble Baroness to respond. This debate is very tightly timed. Therefore, if when the clock shows eight minutes I look a little agitated, I hope noble Lords will understand why.
Arrangement of Business
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Baroness Stowell of Beeston
My Lords, the next business is not time limited. As noble Lords are aware, the Companion guidance on debates such as this states that the mover of the debate—in this case my noble friend Lord MacGregor of Pulham Market—has about 20 minutes in which to speak and the Minister responding has about the same time. All other noble Lords contributing to the debate can speak for up to 15 minutes. I and other Whips on duty this evening will do nothing other than help noble Lords to follow the guidance in the Companion. However, as the debate is starting just after seven o’clock and 22 speakers have signed up to it, noble Lords might like to know that if the House wishes to rise at about 10 o’clock this evening, the average time for people to speak in order to come in at around that time would be in the order of six to seven minutes. However, I stress again that the Whips on duty will not try to intervene in any way. I just thought that noble Lords would find it helpful to have that guidance.