Modern Slavery (Victim Support) Bill [HL]

Baroness Thornton Excerpts

2nd reading (Hansard): House of Lords
Friday 8th September 2017 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, I am delighted to be able to participate in this Second Reading, and I congratulate the noble Lord, Lord McColl, on his Bill. I apologise for not attending the helpful briefing the noble Lord organised, but I have read the blog he has penned, which has been published by the Co-op for its millions of members to read this morning. I declare an interest as a Co-operative as well as a Labour Member of your Lordships’ House and that the Young Foundation, the research and innovation institute in Bethnal Green, of which I am currently CEO, is working with the Co-op at the moment.

As the noble Lord explained in his compelling and detailed introduction of the Bill, it is vital that victims of modern slavery be supported in order to help them rebuild their lives. Like others, I congratulate the Government and the Prime Minister on the Modern Slavery Act, but it is a job only half done if the means to support new lives is not provided at the same time. Not to do so is, as the noble Lord, Lord McColl, said, not giving victims proper support and thus endangering the progress of their recovery.

I want to talk about the work that the Co-op is doing in this regard, which has been mentioned by several other Members in this debate, and then I have a question for the Minister. I knew that I could be confident that my noble friend Lady Massey and the noble Baroness, Lady Benjamin, would talk with eloquence and passion about trafficked children, so I knew that I did not need to go into that territory. In spring this year, the Co-op launched Bright Future, which is an employment pathway to make the journey from victim to survivor by moving into permanent employment. The goal of Bright Future is to provide a pathway to paid employment and a route to wider integration into society for victims of modern slavery. In 2017 the Co-op will offer at least 30 people who have been rescued from conditions of slavery in the UK the opportunity of a paid work placement and, if they are ready, a guaranteed job. Central to this programme is the dignity that paid, freely chosen employment provides. Without this, there is a real chance that people could fall back into the hands of those who have exploited them and for the terrible, unspeakable cycle of enslavement to begin again.

The British Co-operative movement has taken innovative and progressive action on social and economic issues for almost 200 years. This is but the latest such action. The Co-op is working in partnership with others, including City Hearts, the anti-slavery charity mentioned by the noble and right reverend Lord, Lord Carey.

UK businesses are perfectly placed to provide employment opportunities for the more than 13,000 victims —we know that is an underestimate—of modern slavery rescued in the UK every year as they seek to rebuild their lives. I am proud that the Co-op is leading in a field that other businesses can follow. I hope other businesses will recognise the potential of the model the Co-op has developed, and consider how they might adopt and adapt it for their purposes. The aim is to share the learning and to have at least five of the Co-op’s key food suppliers in 2017 supporting Bright Future. Imagine if all the large UK retailers adopted programmes like this and used their supply chains—the inroads that would make for those 13,000 victims identified at present. What a positive future that could offer them on the vital journey from victim to survivor.

The Co-op intends to increase the number of charity partners involved in Bright Future. In addition to City Hearts, it is also now working with the charity Snowdrop, which mentors and supports survivors in Sheffield. The Co-op is committed to doing this because we believe that working in partnership with others, including our competitors, is an opportunity to achieve more for the communities we serve throughout the UK.

The research launched by the Co-op today reveals a real appetite among responsible businesses to support victims by providing employment opportunities. However, unfortunately, the 45-day support currently available is not sufficient for victims to get to be work ready—other Members have mentioned this, and the Minister must be in no doubt at all that the contents of this Bill are very important to make this work. An extension to a year would increase victims’ chances of building a new life and reduce the risk of retrafficking. Businesses want to help but need enhanced victim support to do so. Would the Minister care to respond to this suggestion and would the Government consider making this possible?

To help the noble Lord, Lord McColl, in the passage of this Bill, which I strongly support, it is also very important that noble Lords recognise that piecemeal amendments to it will not help its passage: it needs to stay pretty much as it is now. I call upon the Government to support and enable the Bill.

Gender-based Violence

Baroness Thornton Excerpts

Thursday 8th December 2016 Lords Chamber

[Baroness Williams of Trafford]

The figures released today are absolutely stark. We welcome the work that Women’s Aid has done on the femicide census, and we are committed to working in partnership with it to help improve the response to domestic homicides. Annual statistics on domestic homicide, with a breakdown by gender, are routinely published. The Office for National Statistics has today published aggregated data on domestic homicides over the last three years, broken down at a police force level. Information on women killed by men is also gathered by the Government through domestic homicide reviews, or DHRs, and we have used those data in a DHR lessons learned analysis, which we published yesterday. We have also published updated statutory guidance for DHRs. We will be providing additional funding to roll out further training for chairs of DHRs, and there will be a series of regional events to embed learning and share best practice.

The noble Baroness also asked about police abuse of authority for sexual gain, which is a very important point. It is another shocking finding. It is important to remember that HMIC findings relate to a very small number of police officers and staff, and the vast majority of over 200,000 police personnel are dedicated and passionate about protecting the public. In the new year, the College of Policing will be releasing updated guidance on police and media relationships. The college has also been asked to consider further the feasibility of developing a new supplementary addendum to the code of ethics. However, that is to take nothing away from the shocking findings of today.

[Baroness Thornton (Lab)]

My Lords, the Minister has given us a lot of facts, but the truth is that domestic violence and the number of women and girls being murdered is increasing, so whatever it is that the Government are doing, it is not working. That is the problem. Today, 70 Labour MPs have written to the Prime Minister to demand that the Government set a date to ratify the Istanbul convention. The reason why that is important is that all the warm words that we have heard from the Prime Minister, particularly when she was Home Secretary, have not actually led to a decrease in domestic violence. We believe that ratifying this convention and coming forward with a new plan of action that will reduce the level of domestic violence should be a priority, and a funded priority, for this Government.

[Baroness Williams of Trafford]

My Lords, I do not entirely concur with the noble Baroness. I concur with her on one point: yes, the level is increasing. However, what is very pleasing is that reporting is increasing. That is the very good news: women feel confident enough to come forward and report. As to what the Government are doing, I will start on her last point about the Istanbul convention. We are committed to ratifying the convention and we need to take extraterritorial jurisdiction over certain offences to be fully compliant. We will do so when parliamentary time allows. However, we are taking extraterritorial jurisdiction over certain things such as FGM and forced marriage. Therefore, we are already undertaking some of our obligations.

Before I talk more about what the Government are doing, I want to pay tribute to the noble Baroness, who has herself been very involved in this area, as was I in my role in the DCLG and now the Home Office. I was very pleased that, yesterday, stalking protection orders were announced and the national statement of expectation for domestic violence funding on a local level was released. As I said, we also published yesterday analysis about domestic homicide reviews and updated the statutory guidance to ensure that local areas can learn lessons. Last month, the DCLG announced the two-year innovation fund of £20 million to help local areas deal with domestic violence and the seamless journey of women through what is a horrific process. I am sorry that I have gone on a bit too long, but the Government have actually done a lot in this area.

Online Safety

Baroness Thornton Excerpts

Thursday 1st December 2016 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, I thank the noble Baroness, Lady Howe, for initiating the debate and for her dogged persistence—if I might add to the right reverend Prelate’s description—in never taking no for an answer or taking her eye off the ball for a moment. When the history of online child protection comes to be written, there will be a glorious and well-deserved chapter devoted to the noble Baroness’s determination and efforts over many years to get the UK Government and the internet industry to move on this issue. Indeed, I am convinced that the excellent progress made in the Commons, which we all read about on Tuesday morning, is due in no small measure to the noble Baroness’s terrier-like grip on this subject.

That brings me to my second point—namely, that even with terriers snapping at their heels, Governments have not always been known to move on this issue. In fact, quite often they have been very unmoved by our eloquence on this subject. However, on this occasion, I am very pleased to be able to congratulate the Minister and the Government on the amendments that have already been made to the Digital Economy Bill, which we shall consider shortly, which will introduce age verification for pornography sites.

That, once again, puts the UK in a global leadership position in this space. Many other democratic countries will closely follow how this measure helps to keep children safe, and, when we have shown how well it works, I am confident that they will follow suit. Of course, as other noble Lords said, legitimate issues remain around privacy dimensions, and doubtless we will discuss them more fully in due course.

To return to the question the noble Baroness asked in this debate, I am curious to know three things. First, when will the Government ask Ofcom to carry out another audit of the take-up and use of filters provided by the big four ISPs? This time, will the Government ask Ofcom to verify what the ISP tells them and explain the differences? Secondly, are we truly satisfied that children whose parents are not with one of the big four are adequately protected? That echoes what many noble Lords have said. Should we not find a way to compel or require all ISPs to do what the big four are doing? Finally, can the Minister confirm to the House that, following Brexit, the UK Government will continue to comply with net neutrality and the other collective agreements that there have been across Europe in this space?

Stalking and Domestic Violence

Baroness Thornton Excerpts

Thursday 24th November 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I understand the concern about why the maximum sentence is not higher than it is. The Government keep these issues under review but we do not have any plans at the moment to change the maximum sentence.

[Baroness Thornton (Lab)]

My Lords, why does the Minister not have such plans? Also, do the Government know how many serial stalkers there are in England and Wales? If, as the Minister said in her Answer, there is a register of these men—they are mostly men, although not exclusively—have the Government considered how to warn women that they are in danger of becoming a victim of a serial stalker like Zoe Dronfield was?

[Baroness Williams of Trafford]

My Lords, the number of stalking and harassment referrals by the police to the Crown Prosecution Service in 2015 was almost 13,000. There were 1,102 prosecutions under the new stalking offences. These new laws need to have time to bed in. At this point the system appears to be working well.

Online Safety Bill [HL]

Baroness Thornton Excerpts

Friday 11th December 2015 Lords Chamber

[Baroness Howe of Idlicote]

My Lords, I apologise for the delay in finding my papers, particularly to the noble Lord, Lord McColl, who very kindly stepped in.

Amendments 4 to 7 form the second group of amendments that I tabled in response to the Delegated Powers and Regulatory Reform Committee report published on 20 July. They relate to my proposal under Clause 8 to introduce a licensing scheme for foreign pornographic websites in the absence of any robust regulation of these websites.

The Committee may remember that ATVOD, the Authority for Television on Demand, which I am sad to say will cease to exist at the end of the month, published a report in 2014 that found that 23 of the top 25 adult websites visited by UK internet users provide instant, free and unrestricted access to hardcore pornographic videos, some of which would not be available on a British high street.

ATVOD’s report explains that it has encouraged the UK payments industry—credit card companies, Paypal and so forth—not to process transactions involving websites showing hardcore pornography that is presented without robust age verification safety checks. However, it also explains that the transaction providers are unwilling to do so because,

“the absence of clear case law on the issue precludes such an initiative”.

In short, unless the provider of the material is breaking a law, a financial transaction provider could be taken to court for failing to process the transaction. Setting up a licensing scheme, however, as proposed by Clause 8, would set up clear case law. An organisation would have a licence, or it would not. If the organisation did not have a licence, there would be no legal obstacles if a financial transaction provider was minded not to process the transaction—something that Clause 10 crucially mandates.

Clause 8 would provide a regulatory framework to ensure that these websites are not available to children. Clause 9 makes it an offence not to have a licence and Clause 10 provides a means of ensuring that payments to unlicensed websites would cease—a matter I shall come back to when I speak on Amendments 8 to 13.

The committee was concerned that appeals against decisions on not granting a licence or having a licence revoked would be heard by the licensing body. That is a genuine concern, so I tabled Amendments 4 to 7 to ensure that an independent body be able to review any appeals.

Amendments 4 and 5 ensure that the powers under Clause 8(1) allow the Secretary of State to designate both a licensing body and a separate independent appeals body. Amendments 6 and 7 ensure that the Secretary of State is not able to designate a licensing body without knowing that the independent body has adequate arrangements for appeals. As I have already said, I sought the counsel of the noble and learned Lord, Lord Mackay of Clashfern, about whether these amendments deal with the problems highlighted by the committee and he assured me that they do. I beg to move.

[Baroness Thornton (Lab)]

My Lords, it seems to me that the Government, after so much time has elapsed and so many of our young people have been able to access hardcore pornography, need to take action. I congratulate the noble Baroness for yet again trying to persuade the Government to do that. A voluntary approach has not worked. It is time that the Government offered the same protection to children and young people as they do on gambling—that is, robust age verification. In addition, the Government need to have a licensing system. I cannot think why there is none, particularly given that the Prime Minister has said how much he wants to protect our children from accessing hardcore pornography, and recognises the damage it is doing. Will the Minister accept these amendments and give the Government’s support to this Bill? It is time to do so.

--- Later in debate ---

[The Earl of Erroll]

The example I have given is one that is career-destroying. The knock-on effect of that could involve all sorts of family repercussions to do with children in school because Daddy or Mummy has just had their career destroyed. We sometimes forget the effect on a family as the result of something that, while it may be regarded by some as socially unacceptable, is perfectly legal. We need to think about that at the parliamentary level.

[Baroness Thornton]

My Lords, that is exactly the point. The noble Earl, Lord Erroll, as ever is championing an industry which takes the view that, if you cannot do everything, you do not do anything. This is about doing something.

[The Earl of Erroll]

No, I am not trying to champion the industry, I am trying to protect children properly. The point is that this Bill is a great idea and a great effort, as long as it does not mess up the field for doing something about it properly. The Bill will not actually cure some of the root problems, but there are elements of it which should go into some proper legislation. I entirely agree with the principles and thoughts behind it, and I have no problem with them, but I want something that works in the real world and which is not going to be bypassed because some of the solutions are too simplistic. That is the challenge, and hence the complexity. I hope we will see legislation on this subject next year that will allow for some real action to be taken which will protect children. I am not trying to champion an industry, but I am trying to draw lines.

Domestic Violence

Baroness Thornton Excerpts

Monday 9th March 2015 Lords Chamber

[Lord Bates]

My noble friend is absolutely right. We have sought to ring-fence resource—£40 million—during the lifetime of this Parliament for support of victim and survivor groups. The £10 million to which my noble friend refers was an additional amount to support in particular the availability of places in refuges for victims of domestic violence.

[Baroness Thornton (Lab)]

The Minister is quite right: that £10 million was made available to try to make way for all the refuges that have had to close down and all the women and children who have been made vulnerable by the cuts programme of his Government. Why was it necessary to use a freedom of information request to obtain the release of the information in January of this year which led to us now knowing that there have been 3,760 applications under Clare’s law so far and 1,300 disclosures? Can the Minister assure the House that it will never again be necessary to use the freedom of information legislation to get important figures on how Clare’s law is progressing, that such figures will be available annually, with the kind of breakdown that my noble friend has mentioned, and that each police force reveals how it is delivering Clare’s law?

[Lord Bates]

The publishing of data is a very important part of the plans which the police should have. The reality is that we would have preferred to take the time to cross-check as part of the review all the data that had come forward, the number of applications for release of information and the number of releases which were granted and the reasons for that. We had to honour the freedom of information request, but if there had not been that request, the data would have been published anyway in the annual review.

Children: Online Privacy

Baroness Thornton Excerpts

Thursday 16th October 2014 Lords Chamber

Asked by

[Baroness Thornton]

To ask Her Majesty’s Government what assessment they have made of the online privacy of children in the light of recent social media hacking.

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

My Lords, the Government are concerned by recent reports about the hacking of social media and have established the Child Exploitation and Online Protection Command of the National Crime Agency, with the powers and international reach to tackle these types of crime. The National Crime Agency offers advice to children and parents, and our Cyber StreetWise campaign also advises individuals and businesses on how to stay safe online.

[Baroness Thornton (Lab)]

I thank the Minister for that Answer. As he will know, many of the more than 100,000 pictures leaked online in the so-called Snappening incident were of young children, and many of those pictures would constitute child pornography. What are the Government doing to ensure that social media companies tighten up their security? Are the Government considering tougher penalties for social media companies that have not taken sufficient action to protect their customers from data hacking, including pictures? Indeed, why are the Government not taking a harder line on protecting children online?

[Lord Bates]

Obviously, I recognise the expertise and the consistent interest that the noble Baroness has shown in this important issue. I reassure her and the House of the absolute seriousness and determination that I am sure that we all share to protect children against this type of event. For the benefit of the House, it should be said that the Snapchat incident was not in relation to the messaging application itself but in relation to Snapsave, which was an online website that was hacked into. The scale of that, with some 700,000 images per day uploaded by children, also affects the challenges that we find. As for what the Government are doing, one thing that we have done is to establish a joint US and UK taskforce to look at this whole issue. We are delighted that today the noble Baroness, Lady Shields, who heads that taskforce, has been introduced into your Lordships’ House, and can help us in developing and strengthening further the protection that we all seek.

Crime: Domestic Violence

Baroness Thornton Excerpts

Tuesday 13th May 2014 Grand Committee

Asked by

[Baroness Thornton]

To ask Her Majesty’s Government what plans they have to criminalise a pattern of behaviour, psychological abuse and coercive control in domestic violence cases.

[Baroness Thornton (Lab)]

My Lords, I am pleased to be able to bring forward this debate for the Grand Committee. The essence of the Question is whether here in the UK we have a legal framework that fully and adequately captures the nature and harm that is domestic violence, and I am genuinely asking whether a more comprehensive criminal law is required to close the gap between the current response and the long-term oppression and suffering of victimised women and children. I thank all those who have put down their names to speak in the debate.

Too many women have already lost their lives and more will continue to do so if we fail to understand coercive control as the dangerous behaviour that it is and to recognise the serious emotional harm that is caused to the victims of domestic violence. I would like to start by asking the Minister some questions about the current state of affairs. Since coercive control and psychological abuse were included in the March 2013 domestic violence definition, which of course I welcome, how many prosecutions have made use of this definition? How many convictions have there been for coercive control and psychological abuse since coercive control was included in the definition? How many prosecutions have there been under the Protection from Harassment Act 1997 for causing alarm and distress in domestic violence cases where the victim and perpetrator are still in an ongoing relationship? The important question that needs to be answered here is whether the Minister thinks that the law is working as well as it should. That is because we need to know if the existing framework, and indeed the support that needs to be wrapped around it, is working effectively, and thus whether the law on domestic abuse needs to be further strengthened.

We know that domestic abuse is very complex and involves many forms of behaviour. Some victims say that the psychological abuse and control they suffer at the hands of their partner is “the worst part”. What are the Minister’s thoughts on this and the possibility that the current legislative framework fails to recognise it? The experts in this field, Women’s Aid and the Paladin National Stalking Advocacy Service, both say that there is a criminalisation gap which ensures that the pattern of domestic violence and control remains outside the reach of the existing criminal law, which prohibits only discrete incidents of physical injury. This is an appropriate debate because the office of the Nottinghamshire Police and Crime Commissioner is today hosting a conference with criminal justice partners to discuss what is and what is not working in this area. There have been workshops with victims of domestic violence and the discussion of issues such as early intervention.

In March 2013, the Government changed the definition of domestic violence to include coercively controlling behaviour, which is very welcome. However, non-physical abuse, although integral to the ongoing exercise of violent control, seems to be disregarded and thus tacitly condoned. Put simply, the law does not conceive of many women in abusive intimate relationships as being the victims of ongoing abuse. By criminalising this form of violence and having specialist legislation, similar to the stalking law introduced in 2012, would this send a message that abusive and coercively controlling behaviour within a relationship is as unacceptable as physical violence and that it will not be tolerated?

Paladin has formed a partnership with Women’s Aid and the Sara Charlton Charitable Foundation. They have carried out research, which has brought them to the conclusion that this criminalisation gap should be closed. They feel that the laws used to prosecute domestic violence—which include assault, burglary, property, breach of a restraining order, rape, kidnapping and murder—do not describe its essence. Patterns of power and control are missed. It misses the fact that domestic violence is about fear, coercive control and continuing acts. The totality of the behaviour and the non-physical manifestations of power and control that define an abusive relationship do real harm to victims and are not recognised in criminal law.

Interestingly, it is only after separation that the very same behaviour which was exerted in the relationship—control—is then criminalised: we call it stalking. Therefore the moment after a break-up becomes legally meaningful, separation, can be the most dangerous time for women. Of course, this is also very expensive. As far as I can tell, the figures from 2009 suggest that domestic violence costs the Government over £16 billion per year.

The question this debate raises is whether the law needs to be modernised. If we are to challenge the behaviour of perpetrators appropriately, do we need an offence that reflects the reality of domestic abuse in all its guises? According to Home Office statistics, domestic violence is more likely to result in repeat victimisation and injury than any other type of crime. However, the Crown Prosecution Service only prosecutes for a single incident and tends to focus on the injury level, while failing to take into account the course of conduct, the pattern of coercive controlling behaviour, and fear as a measure of harm. As a direct result, the seriousness of the pattern of abuse is not identified or understood, women become entrapped, abuse and rape become normalised, and no one goes to prison without injuries being present.

As we know, many women do not report until behaviour has escalated and there may be injuries, and for many that comes too late. Research by Women’s Aid indicates that the majority of women only report violence to the police after it has been going on for between six months and five years. When they do report it, each episode is treated as an isolated incident and, therefore, often as a low-level misdemeanour. That results in very few perpetrators being held to account for the totality of their behaviour. Therefore, is it surprising that victims struggle to understand why the full impact of their experiences cannot be taken into account by police and prosecutors? We have to ask: does the absence of such a crime undermine the victims of abuse and collude with perpetrators, as many of their acts go unseen and unchallenged?

The research I mentioned already, the Victim’s Voice survey, which was published in March, showed that 98% of victims were subjected to controlling, domineering or demeaning behaviours in their relationship. I will mention just a few of those behaviours: isolation from friends, family and colleagues; removal of all communications devices; food being withheld as well as use of the toilet; control of what the victim should wear, how they should style their hair and where they can work; stalking by means of tracking and following; deliberate sleep deprivation; threats of sexual abuse or rape; and threats to harm or kill children and/or pets. I could go on.

When asked if those behaviours had been taken into account by the police, 88% said that they had not. Clearly, we have an issue here. One of the issues is of course whether the police are dealing with the framework that already exists, and how that works. Certainly on this side of the Room, Labour would establish an independent commissioner for domestic and sexual violence to champion victims’ voices and drive improvements, starting with national standards for the delivery of services and training as recommended by ACPO.

However, is it true that the police are often big on words and developing policy which is then not delivered as regards either action or a true understanding of the issue? Do we think that there is a problem there? Too many times the woman who is murdered or badly hurt has been begging the police to provide protection and deal with her abuser. Too often the same victims are calling for protection from the same perpetrators, and time and again opportunities to intervene and protect families are missed.

Anti-social Behaviour, Crime and Policing Bill

Baroness Thornton Excerpts

Monday 27th January 2014 Lords Chamber

[Baroness Hamwee]

My Lords, I, too, add my thanks. This issue exercises noble Lords around the House, as well, of course, as many people outside the House. It is not a party-political matter; there may be a range of views as to the nuances of how to deal with the issue. I say to the Minister that this is a great and very important step, but he will not have heard the last of the issue of forced marriage.

[Baroness Thornton (Lab)]

My Lords, I welcome this amendment, to which I was very pleased to add my name. Many months ago, when we started down the route of discussing the Bill, I had a meeting with some of the brilliant organisations that work to prevent forced marriages and to support those who are escaping from them. Almost in passing they mentioned to me that they were concerned about the capacity issue. I looked at the record of the Commons debates and the discussions that took place in Committee there and I noticed that my honourable friend Gloria De Piero had raised the matter there and that she received the sort of response from the Minister there that I received in Committee here. It is a very good example of the way that Ministers in this House conduct themselves. I thank noble Lords, particularly my noble friend Lord Harris, for supporting me in pressing this matter on Report when we persuaded the Minister, as it were, to look at the matter again. I am very grateful that he did so. We have reached a very happy conclusion.

[Lord Ahmad of Wimbledon]

My Lords, I thank all noble Lords who spoke in the debate and echo the words of my noble friend Lord Taylor of Holbeach: this debate and provision have again demonstrated the qualities and nature of your Lordships’ House. When we say that it is not just lip service—we genuinely listen from this Dispatch Box—and as my noble friend Lady Hamwee said, the issue of forced marriage certainly concerns us all. Anyone who has come across this particular coercive practice in any shape or form is disgusted by it and it is important that we unite to address it. I remember going to the Forced Marriage Unit and talking to some of the practitioners there, and exactly this issue of mental capacity arose. There was a live case which concerned immigration and it was tragic to see the consequences of how it was playing out.

I pay tribute to the noble and learned Baroness, Lady Scotland, as I have done throughout all stages of the Bill. I genuinely mean it when I say that she has made an incredible effort in addressing this issue. Her setting up of the Forced Marriage Unit was supported across all parties, and it will continue to be a unit in which we specifically focus our activities. Perhaps I may pick up on a question that she raised about guidelines. The CPS will revise its existing legal guidance on forced marriage and honour-based violence and will develop an e-training element for its prosecutors ahead of the introduction of the new legislation. This amendment will be captured and reflected in the revised legal guidance. As she and many other noble Lords are aware, the CPS also has a number of specialist prosecutors. Their specialist skills and knowledge will ensure the understanding of this new legislation.

Anti-social Behaviour, Crime and Policing Bill

Baroness Thornton Excerpts

Tuesday 14th January 2014 Lords Chamber

Moved by

[Baroness Thornton]

87ZZ: Clause 109, page 79, line 41, at end insert—
“( ) A person also commits an offence under the law of England and Wales if he or she causes another person to enter into a marriage and that other person lacks the capacity to consent to that marriage.”

[Baroness Thornton (Lab)]

My Lords, before I speak specifically to my amendment, I should like to mention a broader aspect of the discussion about forced marriage.

In Committee, my noble and learned friend Lady Scotland raised her serious concerns in detail with the Minister and, since that time, has had a meeting with him and his colleagues. She is unable to be with us today due to urgent family business and is disappointed not to be here because she believed that this matter would be discussed next week on Report.

Today, I have received a letter from Dr Aisha Gill, Sumanta Roy from Imkaan, and Hannana Siddiqui from Southall Black Sisters registering their opposition to the Government’s proposals to introduce a specific crime of forced marriage. I suspect that the Minister has received the same correspondence. On behalf of my noble and learned friend, I should like to put on the record, as I said in earlier proceedings on the Bill, that the route that the Government have chosen for this matter did not receive uniform support. I mention the Southall Black Sisters, the Ashiana Network, Imkaan, Rights of Women and the JAN Trust by way of counterbalance to the seemingly singular narrative that has been advocated for the victims of forced marriage. I know that the Minister this week intends to meet the stakeholders who share these concerns, and I therefore wonder if he will be taking their views into account over how we might do that at this late stage in the Bill.

I turn to the amendment and the issue that we discussed in Committee. This is a hidden problem. In cases of the forced marriage of a vulnerable adult, the violence, threats or coercion to which the Bill specifically refers are often not necessary to force a person to marry, due to the lack of capacity of the victim. Deception is not necessarily a factor and, consequently, the amendment seeks to make it an offence if a person forces another person to marry when that person lacks the capacity to consent to the marriage.

It is worth noting why forced marriages of people with learning disabilities happen. Marriage can sometimes be seen as a means of providing a carer and continuing support. Parents may be the primary carers and, as they get older and less able to provide support; they may view marriage as a means of ensuring continuing care for their son or daughter with learning disabilities. Marriage can be seen as a means of improving the chances of getting a visa to the UK. A person with learning disabilities may be seen as easy to deceive or coerce into such a marriage and then act as the visa sponsor. Families may believe that the marriage will cure the learning disability or allow a person with learning disabilities to lead a normal life.

It is difficult to find the figures for people with learning disabilities involved in forced marriages. The Forced Marriage Unit estimates that 115 of the cases it has received involve people with disabilities, but it is not clear whether they have learning disabilities or lack of capacity. I have seen an estimate of 50 in 2012. However, the Ann Craft Trust believes that this is the tip of an iceberg and that hundreds of adults who lack capacity are being forced into marriage. Mencap believes the same; its chief executive says:

“People with a learning disability can be particularly vulnerable to forced marriage … People with a learning disability have a right to express their emotions and sexuality, and to develop personal relationships, just like anyone else. The issue here is that incidences of forced marriage can involve people with a learning disability who are unlikely to have the capacity to consent to such a relationship”.

The guidelines that have been reissued recently are excellent in the way that they describe this problem and how to deal with it. It is the words in the Bill that concern me. On this side of the House we are still not convinced that they cover somebody who lacks capacity.

Another problem is the lack of facilities, experience or support for people with learning disabilities who are involved in forced marriage. I gather that there is one refuge that is equipped to deal with forced marriage victims who have learning disabilities. Asha Jama, the manager of Beverley Lewis House, a refuge in east London, says that there is a terrible lack of options for people with learning disabilities who are escaping abuse and forced marriage. She says that the problem is compounded by social care cuts and that statutory authorities are placing the victims in supported living service or care homes, which are not services geared to provide the specialist support needed to address the abuse that these people have faced.

The amendment seeks to add a third point to Clause 109 which recognises:

“A person also commits an offence under the law of England and Wales if he or she causes another person to enter into a marriage and that other person lacks the capacity to consent to that marriage”.

We think that provides completeness to this part of the Bill.

Finally, I ask the Minister how the Government intend to respond to what looks like an increasing incidence of people who lack capacity being forced into marriage. Can we have some assurance about monitoring and reporting the effectiveness of the legislation in dealing with this particular issue? I beg to move.

[Baroness Tonge (Ind LD)]

My Lords, I wish to make a brief intervention in support of the noble Baroness, Lady Thornton. Her remarks about forced marriage when someone lacks capacity are entirely right. We should be very concerned about this. I think there is evidence from the medical profession that many of these cases occur and could be on the increase, although I would not know that.

Secondly, on the debate about whether forced marriage should be a criminal offence, the noble Baroness listed organisations that were against that happening. I can list organisations that are in favour of that happening—Girls not Brides and the Iranian and Kurdish Women’s Rights Organisation, to give two examples. We discussed this issue in great detail in A Childhood Lost, the report from the All-Party Parliamentary Group on Population, Development and Reproductive Health, which I chair.

--- Later in debate ---

is deliberately drafted very broadly—we have discussed this with legal counsel across government—so as to encompass a wide range of behaviours. For example, I am sure that many noble Lords have come across a situation where various pressures are put on people who find themselves in this situation. The pressures could be financial, emotional or—

[Baroness Thornton]

I thank the Minister for allowing me to press him on this point. Actually, the point is that there will be no coercion. There does not need to be any coercion as the person lacks capacity. Therefore, they cannot consent, or withhold their consent, because they do not know that they can do either of those things. The parents concerned may think that they are doing exactly the right thing for that son or daughter, whether a young person or not. In other words, the Bill as drafted does not cover that point. No coercion is being used, and no coercion is needed, as the person lacks capacity. I do not think the definition of coercion that the Minister has mentioned at previous points in the Bill covers that.

[Lord Ahmad of Wimbledon]

Again, I totally understand and respect the noble Baroness’s position. She is correct in saying that, often, the people who may be forced into a marriage would be unaware of the situation. The point she raised about parents is also well made. However, as the legislation stands, they would not have given their “full” consent, which means that they had the capacity to give that consent. I see that the noble Lord wishes to speak.

[Lord Ahmad of Wimbledon]

I thank the noble Lord and the noble Baroness for their interventions and will return to that point before I conclude my comments. The point is well made and understood, but I will continue while I await clarification. My understanding on this issue is that any person taking part in a marriage would have to give their consent. The view is that, if no consent is given, it would not be deemed to be a valid contract. However, as I said, I will clarify that point in a moment.

I turn to Amendments 87A and 87B tabled by the noble Baroness, Lady Tonge. I shall explain that these amendments relate to the process by which a young person aged 16 or 17 may consent to the marriage. Following the Committee stage, I have had the opportunity to meet the noble Baroness and I welcome the opportunity again to discuss this important issue today. These amendments would make it an offence for the parent or guardian to consent to a marriage of a person or persons before the age of 18 unless the written consent of both parties to the marriage has been obtained. The offence would also extend to marriages contracted outside the UK.

I understand that the noble Baroness is concerned that under the current law parents may give consent to force marriage on a 16 or 17 year-old who may not wish to marry. However, I do not believe this amendment is necessary because the law already provides adequate safeguards for children who are aged 16 to 17 and are entering into marriages.

The law in England and Wales, as contained in Section 2 of the Marriage Act 1949, provides that if a marriage, be it civil or religious, is solemnized and either or both of the parties is under the age of 16 that marriage will be void. If the child is aged 16 or 17, Section 3 of the Marriage Act 1949 requires the consent of the child’s parents or guardians, unless the child is a widow or a widower.

I appreciate that Amendment 87A seeks to add additional safeguards to the current law rather than preventing the marriage of 16 and 17 year-olds outright. However, I consider that the additional need for the written consent of parties is unnecessary. If any person is forced into a marriage without their consent, the provisions in this Bill which will make it a criminal offence to seek to force someone to marry will apply regardless of the age of the party concerned. In addition, any forced marriage would be voidable under Section 12(c) of the Matrimonial Causes Act 1973 on grounds of lack of valid consent.

If someone is being forced into marriage, it is foreseeable that they could be forced to provide written consent. Therefore, I do not believe that this provision would achieve the noble Baroness’s desired effect of preventing forced marriages. However, I understand totally the noble Baroness’s concerns and I share her desire to ensure that we do everything we can to protect 16 and 17 year-olds—as well as others—from forced marriage. In regard to the points made by the noble Baroness, I will keep the provisions in the Bill under review and, as we have previously discussed, consider the issue of how the legislation is currently drafted to see whether there is something more that we can return to at Third Reading.

Turning to the application of such a provision to marriages contracted outside the United Kingdom, there is no legislation in England and Wales on this issue and matters of recognition of such marriages in England and Wales are for the courts to determine. However, I consider that the courts already have the necessary powers to provide adequate safeguards for children entering into marriages outside the UK. Generally speaking, the validity of a marriage contracted outside the UK will be governed by the law of the country in which it was contracted. However, if there were questions as to the capacity or age of one or both parties to such a marriage, the courts in England and Wales could refuse to recognise the marriage for the purposes of England and Wales law.

I therefore consider that the need for the written consent of parties is unnecessary in respect of marriages contracted outside the UK. We also do not believe that applying this sort of provision to marriages contracted outside the UK would be practical or appropriate. For example it would, in our view, be extremely difficult to enforce.

Finally, I turn to Amendment 87B, which seeks to make identical provision to Amendment 87A in respect of Scotland. This is a devolved issue, as the noble and learned Lord, Lord Hope of Craighead, underlined.

Perhaps I may turn to the issue just raised on Section 109. The Forced Marriage Unit carried out a full review of the cases dealt with in relation to victims with learning disabilities and mental health issues and could not find any cases in which there was no element of coercion. Where there is an element of coercion, we do not wish to criminalise the behaviour concerned. Rather, the appropriate recourse is for the individual to apply to the court for the marriage to be declared void under Section 12 of the Matrimonial Causes Act.

[Baroness Thornton]

This House has a reputation for dealing with issues to do with mental capacity. We have spent many months discussing the issue of capacity and how best to protect people who lack it. We have a great body of legislation which protects people who lack capacity. I ask the Minister to look again as to whether this really protects people who lack capacity as people in this House believe that it does not. It would be awful if we found, further down the track, that we got this wrong and we were not protecting people who lack capacity.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

That is a valid point. I have had discussions with officials on the issue of ensuring assistance. If someone has not had the mental capacity to consent, would they have the mental capacity to take up the issue? That is a point understood and well made.

I hope that, based on the assurances and clarification that I have given that we will look at the issue again, at this juncture the noble Baroness will be prepared to withdraw her amendment.

[Baroness Thornton]

I thank the Minister for his usual comprehensive and comprehensible response. I am very grateful for the fact that the Government have agreed to think about this again and, of course, we will be very happy to help them to do so. I beg leave to withdraw the amendment.

Amendment 87ZZ withdrawn.