Violence against Women and Domestic Violence

Baroness Sugg Excerpts

Thursday 1st December 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I should make it clear that the Government regard the victims first and foremost as victims, so of course those considerations are being taken. We are far from alone in making reservations; 25 other countries have also done so on ratification or indicated their intention to do so when signing. As I have said, we will be considering that decision in the light of the migrant victims scheme pilot evaluation, which is being looked at.

[Baroness Sugg (Con)]

My Lords, I am pleased to hear that the Government are reconsidering the reservation. Is the Minister able to give any more clarity on a timeline for that reconsideration?

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for that. We have also carefully considered the recommendations in the Domestic Abuse Commissioner’s Safety Before Status report, and the follow-up report is due to be published before the end of this year. Under the terms of the Domestic Abuse Act, we have 56 days to respond to that, so the extension of the MVS pilot covers that 56 days and we will be responding within that timeframe.

Solihull Murders

Baroness Sugg Excerpts

Wednesday 23rd November 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

I begin by saying that my thoughts are with the loved ones of Khaola Saleem and Raneem Oudeh. For a mother and daughter to lose their lives in this way is truly heartbreaking. We should bear in mind the perpetrator, who bears the ultimate responsibility for this sickening act.

The noble Baroness asked about misogyny in the police. The Government remain determined to tackle misogyny in the police. That is why the independent policing inspectorate was tasked with reviewing vetting and countercorruption arrangements in policing across England and Wales, looking in particular at what forces are doing to identify and deal with misogynistic behaviour. We welcome the report’s conclusion that the culture is improving. The findings about adverse attitudes towards women are unacceptable and I expect all forces to take action in response as a matter of urgency.

[Baroness Sugg (Con)]

My Lords, tragically, these deaths were preventable. Does my noble friend the Minister believe that the police are appropriately trained in cultural sensitivities in relation to domestic violence?

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for that question. Training includes those issues. I will quote the Minister in the other place yesterday, because she summed it up perfectly. She said:

“It is about time that people who work in this field do not look towards colour as being an excuse for non-activity. This Government take the matter very seriously. It does not matter what colour, creed or sex a person is; if they need the police’s help, they need the police’s help. I expect those themes to be included in proper police training.”—[Official Report, Commons, 22/11/22; col. 158.]


So do I.

Public Order Bill

Baroness Sugg Excerpts

Committee stage
Tuesday 22nd November 2022 Lords Chamber

That is exactly right. The problem with Clause 9 is that it is redundant on this basis because safe access to abortion services is not threatened by people gathering outside.

[Baroness Sugg (Con)]

My Lords, Amendment 80A is in my name. I will also speak to the other amendments in this group. I welcome the Government’s commitment at Second Reading to introduce zones around all clinics in England and Wales to ensure that women are able to access their legal right to abortion without harassment or intimidation. As the noble Baroness, Lady Fox, said, this clause was added in the other place by a majority of Members across seven political parties.

This clause will protect the women who have made the decision to have an abortion and now wish to access the service in peace and privacy without somebody trying to tell them to rethink what is often a very painful, personal and difficult decision. My amendments are supported by the noble Baronesses, Lady Barker and Lady Watkins, and by the noble Lord, Lord Ponsonby. They have been tabled in response to the debate at Second Reading to provide clarity around the description of these zones and to tighten the definition of what constitutes interference.

Amendments 80A, 82A and 82B would change the term used in this clause from “buffer” zones to “safe access” zones. This terminology better reflects the purpose of the zones—to ensure that women can safely access care. It would also bring the description of the zones into line with that used in the law in Northern Ireland and in the proposals in Scotland, as well as around the world, including in Australia and Canada. Amendment 84 would clarify the intent behind the drafting so that sites such as multiple-use buildings and hospital grounds which contain an abortion clinic are also included in these zones.

Amendments 87 and 93 would tighten the description of banned activities, so that they very clearly apply only to people interfering with abortion services and not to any other protests, such as some of those referred to by the noble Baroness, Lady Fox. Following concerns raised at Second Reading about the breadth of these banned activities, Amendment 91 would remove “or otherwise expresses opinion” from the list.

Amendments 95, 96 and 97 would add exclusions to the safe access zones. Amendment 95 covers everybody attending a clinic with a service user with their consent. This is often a friend or a loved one—someone who anti-abortion literature sadly and inexplicably refers to as “an accomplice”. Amendment 96 would exempt any activities taking place,

“inside a dwelling where the person affected is also inside that or another dwelling.”

Amendment 97 would exempt activities taking place inside a church or other,

“place of worship where the person affected is also inside that”

place of worship. I hope that noble Lords and the Government will agree that, taken together, these amendments address many of the concerns raised at Second Reading and provide clarity and a tightening of the definitions in the clause.

I turn to other amendments in this group. I am afraid that I do not agree that there needs to be a “reasonable excuse” defence in the clause. This is about harassment and intimidation, not protest. I do not believe there is a reasonable excuse for the harassment or intimidation of women seeking to access their legal right to medical care. They are often in a vulnerable situation, having made a difficult decision—a decision which is theirs to take.

Amendments 81, 83 and 86 concern the universal application of the zones. Universality was debated in detail and agreed in the other place. It is a core requirement of this clause. Removing it would undermine its very point, which is about protecting women before harm occurs.

A method already exists to apply for locally based public space protection orders, or PSPOs, but their nature means that evidence about impact has to be gathered locally and for a prolonged period. They require women to be subjected to abuse and intimidation for months—even years—before they can be introduced. They place a burden of proof on these women, who are in a vulnerable situation. They are expensive and complicated. The process also requires significant time and resources from providers and local councils, which often do not have resources to spare. This is why, despite regular protests at clinics across the country, we have so few PSPOs—only five, despite regular protests at more than 50 clinics. This creates a patchwork of protection, so that women across the country face a postcode lottery as to whether they will face harassment when they go to a clinic. Once a clinic is successful in getting a PSPO, groups simply move to another site and the whole process begins again.

The introduction of “intentionally or recklessly” by Amendment 82 would likely make it harder to implement and enforce the clause. It would increase the likelihood that this measure would not be adequate to deliver on its aim.

Amendments 88, 89 and 90 relate to the list of banned activities that the previous amendments in my name seek to clarify and narrow. They would leave intact the other essential aspects of advising and persuading. “Seeking to influence” is at the core of the amendment inserted by the House of Commons. It is needed to cover the activities we are seeing outside abortion clinics around the country. The list in Clause 9 is based on these reported activities and their impact, which many women accessing care at these clinics report as being the most distressing.

Finally, Amendments 98 and 99 would remove Clause 9 entirely and instead require the Home Office to undertake another review into activities around abortion clinics. A review would undermine the vote in the other place to support the immediate addition of Clause 9, disagreeing with the clearly settled will of elected Members. Another review would delay stopping the harassment of women around abortion clinics.

Since the last review four years ago, protests have evidentially increased. BPAS’s database of abortion clinic activity currently includes nearly 3,000 accounts of service users, those accompanying them and clinical staff. Half of those have been received since the Home Office’s last consultation closed, and this is in no way an exhaustive list. Understandably, only a small proportion of women affected are willing and able to share their experiences when asked.

Since the review, the number of hospitals and clinics in England and Wales that have been targeted has increased by 20%. Just today, an abortion clinic in Doncaster has reported having people outside for the first time in years. We have seen an increase in co-ordinated activities. Tactics have evolved, groups are actively recruiting and are very well funded, often by American groups emboldened by Roe v Wade, which are now looking to sow division on our shores. Largely American-funded campaign groups with deep pockets are opposing our local councils when they seek to bring legal orders to protect women from harassment.

It is not right that this influence impacts the right to access healthcare in this country. As the former Home Office Minister, Victoria Atkins, said in the other place, new, immediate law is needed because of the failure of existing legislation to address the problem. Some 100,000 women a year in England and Wales have to attend an abortion clinic that is targeted by anti-abortion groups, which cause harassment, alarm, and distress to these women. Some 50 sites have been targeted in the last three years. It is clear that the existing law is not enough and this piece of legislation is needed. We must safeguard a woman’s right to access healthcare.

[Lord Farmer (Con)]

My Lords, I will speak to Amendments 98 and 99, to which my noble friend Lady Sugg just referred. We need to stand back. Our constitutional responsibility in this House is to scrutinise, amend and, where necessary, push back on legislation that is unwise or uncompliant. We have particular leeway to do this about an issue not included in the Government’s election manifesto.

Clause 9, which makes it an offence to interfere with

“any person’s decision to access, provide, or facilitate the provision of abortion services”

is fundamentally flawed and should never have been added to the Bill. It is quite simply not about public order. It chillingly polices access to the idea contrary to pro-abortion orthodoxy that there are other ways to approach this most difficult of decisions.

Those pushing the clause took advantage of parliamentary maelstrom at a time referred to, to me, by one very seasoned, senior MP in the other place as “discombobulating daily turmoil”. The imposition of nationwide buffer zones would have been whipped against when it came up previously in the passage of the Police, Crime, Sentencing and Courts Bill. However, this time the whipping confusion was exploited and it was made the subject of a conscience vote—the first in relation to public order in 203 conscience votes since 1979.

We need to be clear-eyed about the significant majority for this new clause, which was accepted in the other place. Many MPs spoke and then acted on their unwillingness to let women seeking health services be harassed and intimidated, but the very many abstentions indicate that this was not straightforward. The law already protects women’s rights to access abortion facilities without hindrance, harassment and intimidation.

More fundamentally, the inaccurate assumption that harassment and intimidation are the hallmarks of vigils undermines the arithmetic of the other end. Hence my Amendment 98 calls for a review of current law and practice outside abortion clinics before making a major incursion into civil liberties. The 2018 Home Office review, which we have heard much about, found that people on vigils, not protests, are typically there to offer information and support, including but not exclusively if women want to continue with their pregnancy.

--- Later in debate ---

[Baroness Eaton (Con)]

My Lords, I am in agreement with the Clause 9 amendments put forward by the noble Baroness, Lady Fox of Buckley, and the noble Lords, Lord Farmer and Lord Beith. As these amendments highlight, there are several severe problems with Clause 9, and it will take more than mere window dressing to resolve them. I would like to concentrate my remarks on Amendment 86, in the name of the noble Baronesses, Lady Fox of Buckley and Lady Hoey, because it introduces crucial changes that seek to make Clause 9 more proportionate.

It should be noted that the regime created under new subsections (2A) through to (2D) is not new, this is entirely consistent with Part 3 of the Police, Crime, Sentencing and Courts Act 2022 and the consultation process set out for the public spaces protection orders it creates under Section 72B of the Anti-social Behaviour, Crime and Policing Act 2014. Amendment 86 ensures that buffer zones can be established where and when necessary, according to the unique local circumstances and the evidence. This amendment addresses the fact that Clause 9, in its current form, is not proportionate because it creates a mandatory regime that discounts these factors.

The clause as it stands is a catch-all approach which will inevitably sweep up behaviour which is not criminal. Indeed, this is what the Home Office found when it reviewed the situation in 2018, finding that

“The vast majority of the pro-life activities reported through the call for evidence do not meet the threshold of being classed as criminal.”


The needs of an abortion clinic in Ealing may diverge dramatically from those of a clinic in Birmingham, for example. Given that the Home Office review found that

“Pro-life activity is reported as taking place outside a relatively small number of abortion facilities (36/406)”—

[Baroness Sugg (Con)]

My Lords, a lot of reference has been made to the 2018 Home Office review. Does my noble friend not recognise this 20% increase in clinics that have been targeted, or that over 50% of women have to attend clinics that have been targeted? I am not sure how many more women need to be affected before we take action. I am happy to share that evidence with my noble friend.

[Baroness Thornton (Lab)]

Does the noble Baroness think that these women are lying about how they feel about the approaches they get outside those clinics?

--- Later in debate ---

A simple example is—

[Baroness Sugg (Con)]

I agree with the noble Baroness on her point about private dwellings. We have tabled Amendment 96, which will, I hope, deal with that. Will the noble Baroness support that amendment?

[Baroness O'Loan (CB)]

If I may continue, I have a simple example on private dwellings. A woman leaving her home on her driveway, which is adjacent to a public right of way within the 150-metre buffer zone, with her pregnant friend who is contemplating an abortion but is not quite sure about it, would commit a criminal offence by talking to her about her options.

We believe in freedom of speech. This clause is so completely disproportionate that your Lordships cannot accept it. After all, there has been no prior consultation about this complete restriction on the right to freedom of expression. The 2018 Home Office review—I am sorry; I know noble Lords have said we should not talk about this, but I think that it is important—said:

“There have also been reports of verbal and physical abuse by pro-choice activists against pro-life activists.”


Do noble Lords who support Clause 9 have a view on that and how the clause would address it? The failure to address this is one of the many failings in this debate.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I thank the noble Lord, Lord Ponsonby, for his closing words; as the noble Lord, Lord Paddick, said, “No pressure”. I thank all noble Lords for their impassioned contributions to what has obviously been a very substantive debate.

Clause 9 seeks to establish buffer zones outside abortion clinics in England and Wales to ensure that persons accessing or providing abortion services are free from harassment or intimidation. As the Committee will be aware, this clause was inserted into the Bill on the basis of a free vote in the other place. I will not get involved in second-guessing the motivations of those who voted, but the result was 297 votes in favour to 110 votes against. As I have said before, and I am very happy to say again, the Government respect the will of the House of Commons.

It is obviously clear—today’s debate makes it even clearer—that there are very strong views on both sides of the argument. Many noble Lords want the clause to become law, and many want to alter or to delay it. Amendments 80 to 97—tabled by the noble Baronesses, Lady Hoey, Lady Fox, Lady Watkins, Lady Barker and Lady Hamwee, my noble friend Lady Sugg, the noble Lords, Lord Ponsonby and Lord Beith, and the right reverend Prelate the Bishop of St Albans—all seek to make an array of changes to Clause 9, be that by raising the threshold for the new offence or by seeking to clarify the clause in some way.

Amendments 98 and 99 tabled by the noble Lord, Lord Farmer, seek to introduce buffer zones pending the outcome of

“a consultation … to determine if there has been significant change in”

protests “outside abortion clinics since” the Government’s last review. Amendments 87 to 93 look to ensure that only activities relating to abortion services within a buffer zone constitute an offence, while Amendments 88, 96 and 97 seek to ensure that activities within private dwellings and places of worship are exempt. Amendments 80 to 82 seek to provide a person within a buffer zone with the opportunity to defend their actions and

“to strengthen the burden of proof required to establish an offence.”

As I said before, I thank all noble Lords for their interest and ideas to amend the existing clause in its current form, particularly their well-intentioned attempts to tighten what was described in the other place by the Minister as a “blunt instrument”. It remains the Government’s view, based on legal advice, that this amendment does not meet our obligations under the European Convention on Human Rights and would require a Section 19(1)(b) statement to be provided. That said, after having been brief, I am now even more keen to meet noble Lords in the coming days, and I encourage them to meet me so that we may discuss the next steps for the clause. For now, I invite noble Lords not to press their amendments.

[Baroness Sugg (Con)]

Does my noble friend the Minister agree that the clause as inserted by the other place calls for universal zones around all clinics in England and Wales?

[Lord Sharpe of Epsom (Con)]

I say again to my noble friend—I have said it before, and I am happy to say it again—that the Government respect the will of the House of Commons.

Public Order Bill

Baroness Sugg Excerpts

2nd reading
Tuesday 1st November 2022 Lords Chamber

[Baroness Sugg (Con)]

My Lords, speaking in the gap, I will be brief and limit my comments to the inclusion of buffer zones in the Bill, which I strongly support. As we have heard, this had a majority of more than 180 in the other place following a cross-party amendment. That included a majority from seven parties voting, including the Conservative Party. The introduction of buffer zones will enable women to access a lawful, confidential health service without harassment and intimidation.

There has been debate about whether tactics have changed over the years. They certainly have around abortion since the 2018 Home Office report that many noble Lords cited. We have seen training sessions and literature provided by American extremist groups, and the protesters’ presence is indeed spreading. Like my noble friend Lord Balfe, I have seen these protests, and they are far from friendly, quiet or impartial. We have heard some examples of the so-called peaceful protest that women are subject to. I would add to that forcing pamphlets on patients containing not charitable support but wholly incorrect medical information, including false claims that abortions cause breast cancer, alcohol or drug abuse, or suicide. They offer extremely unsafe so-called abortion “reversal” pills. I am happy to share these leaflets with noble Lords ahead of Committee.

Existing powers are evidently not enough. Current legislative tools designed to deal with persistent harassment are insufficient. They take too long and cost too much, and putting in a local buffer zone often just pushes protesters to another clinic without one. The powers do not work and women are being intimidated on a regular basis. Things need to change.

I have three questions for my noble friend the Minister. Given the overwhelming majority from the other place, can he confirm that the Government are committed to delivering buffer zones in this Bill? Some noble Lords raised concerns around the breadth of Clause 9, though it would only be an offence to seek to influence or interfere in

“any person’s decision to access, provide, or facilitate the provision of abortion services”,

rather than more broadly or for any other clinic. But I agree that the definitions may need to be revisited in Committee, as long as the clause continues to deliver the legitimate aim of preventing the harassment of women accessing medical care. Can my noble friend confirm that work is ongoing in the Home Office to ensure that any final iteration of Clause 9 is proportionate and compatible with convention rights? Finally, can he agree to meet me and other interested Peers in the coming days so that we can make progress on this issue ahead of Committee?

Afghan Relocations and Assistance Policy

Baroness Sugg Excerpts

Wednesday 15th September 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My honourable friend Victoria Atkins has started to outline some of the detail of what we are doing so far, and I think more will come. The policy statement makes very clear the types of people we will be prioritising—that is, the people who are most vulnerable to the Taliban.

[Baroness Sugg (Con)]

My Lords, development contractors delivering projects for women and girls on behalf of the UK Government routinely employed local staff. Currently, the ARAP scheme does not recognise them as it recognises people employed directly by the Government. But these people are at risk; they are receiving regular and legitimate threats to life. Can my noble friend the Minister look at expanding the ARAP scheme to ensure that these people, as and when we are able to get them out of Afghanistan, can receive the help that they need?

[Baroness Williams of Trafford (Con)]

I thank my noble friend for that question. As she acknowledges, the ARAP scheme has already been broadened both before and during Operation Pitting. It was extended to include those who resigned from service, who were dismissed for all but serious misconduct or criminal offences and additional family members of certain contractors who worked alongside the UK and represented its interests. It is not our intention to broaden the scheme, but those who worked as contractors in support of women’s rights were eligible for evacuation as special cases and will be eligible for resettlement under the Afghan citizens resettlement scheme.