Violence Against Women and Girls

Baroness Uddin Excerpts

Monday 4th December 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, this is a very sensitive subject. I found Christina Lamb’s article in the Sunday Times very distressing and upsetting, but very powerful. Why did it take the UN so long to condemn those actions? The words of Professor Ruth Halperin-Kaddari, who was quoted in the article, deserve mentioning:

“It’s mindblowing. We were there for our sisters when terrible things happened across the ocean, when they took away abortion rights in US, the killing of women in Iran, the abduction of Yazidis … but with us they looked away and I can’t think of a reasonable answer”.


Unfortunately, I can think of an unreasonable answer, and it disgusts me. From a personal point of view, I hope the perpetrators get what is coming to them—and believe me, I do not mean sanctions.

[Baroness Uddin (Non-Afl)]

My Lords, I say to the Minister and all noble Lords who have raised concerns that I can never look away from rape as a weapon of war, whoever commits that violence. It is really important that we stand together with those who were victims of rape on 7 October, just as I do with all those still being raped all over the world in the name of war and conflicts. I am deeply unhappy about what is happening to women seeking services in this country. Also, we cannot look away from such detrimental violence perpetrated on the children, girls and women of Palestine, from which they may never recover.

Policing of Marches and Demonstrations

Baroness Uddin Excerpts

Monday 13th November 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I wholeheartedly agree, and I was very emphatic on that point at the Dispatch Box last week. We saw vile examples of anti-Semitism by a minority at the pro-Palestine march. The fears that our Jewish community has experienced over the weekend and the days leading up to it are shocking and disgusting, as I said last week. There is no place for hate on Britain’s streets, and the police have confirmed that investigations are ongoing.

[Baroness Uddin (Non-Afl)]

My Lords, as someone who marched with hundreds of thousands of very peaceful protesters last Saturday, I witnessed not one single incitement to hatred of anyone. It was a march for peace until the EDL came on to the scene, and we all saw what happened. Will the Minister assure all those who marched for peace that they will not be chequered by the way they are being depicted as jihadis? The simple fact is that they were not.

[Lord Sharpe of Epsom (Con)]

My Lords, a quick surf of the internet this morning would suggest that the noble Baroness is wrong. I suggest that trying to conflate the activities of the violent thugs who tried to invade the Cenotaph and those of the marchers, some of whom were indeed peaceful, is also wrong. The fact is that 15 officers were injured at the Cenotaph, two of whom required hospital treatment, and my best wishes go to those officers. I think the police behaved entirely appropriately in dealing with the violence, and I seriously hope that they also deal with those marchers who were doing precisely the things that the noble Baroness has alleged they were not.

Black and Minority-ethnic Children: Police Strip-searches

Baroness Uddin Excerpts

Monday 27th March 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I think I said at the end of my answer to my noble friend that the IOPC has also been asked to look at the more general legislative framework around this particular subject and to give us more comprehensive findings.

[Baroness Uddin (Non-Afl)]

My Lords, I am absolutely gutted to hear the Minister respond to a question by saying that there must have been some reason. I am a child protection officer and have been a long-standing social worker, so I am all too aware of the issues around safeguarding—as the noble Lord should be, as a Home Office Minister. Can he say that he is either waiting for the review or that he has already taken the decision that there must have been a reason? It is either one or the other; it cannot possibly be both. I will make another point. Given what the noble Baroness, Lady Benjamin, said, surely everything leads to the conclusion from the noble Baroness, Lady Casey, that racial discrimination is endemic in the Met. Can the Minister answer?

[Lord Sharpe of Epsom (Con)]

I have to correct the record, because I did not say that there “must” be a reason; I said that I assumed that there was a good reason. To be absolutely clear, that is very different. I agree with many of the conclusions that the Children’s Commissioner has come up with—they seem to make a great deal of sense to me—but I would prefer to wait for the context of the various reviews that are being undertaken at the moment before giving a further opinion on this matter.

Information Commissioner’s Office Report

Baroness Uddin Excerpts

Monday 11th July 2022 Lords Chamber

[Baroness Uddin (Non-Afl)]

My Lords, the Minister will be well aware, as is widely reported in the media, of children not being believed by police officers when they report rape, including in places such as Rotherham. Does she believe there are some significant changes in that pattern of behaviour by police officers in particular forces? On the question from the noble Baroness, Lady Chakrabarti, about support for women and children, organisations that offer such support, particularly those through which women support women, have been decimated. Does she believe that adequate resources are available through the Government and local authorities?

[Baroness Williams of Trafford (Con)]

On funding, our VAWG strategy comes with a significant amount of funding. On children and Rotherham, I could not agree more with the noble Baroness. In fact, I can think of other parts of the country where the culture makes some of its leaders completely blind to what is going on under their noses.

Nationality and Borders Bill

Baroness Uddin Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Baroness Uddin (Non-Afl)]

My Lords, it is a privilege to follow the noble Lord, Lord Ramsbotham, who always makes an outstanding and unique contribution to this House.

A joint statement by faith and civil society groups calls the Bill “sinister” and “un-British”—counterintuitive to our long-held tradition of welcome. The Bill is deemed pernicious in its intent, with troubling aspects resulting in inevitable breaches of international laws and conventions, including proposed offshore detention facilities, the revoking of citizenship without notice or appeal, and, appallingly, border officials being authorised to push back families to their inevitable consequential deaths.

The Bill stands accused of racism and a draconian misuse of power, supposedly for the public good. I understand the fear expressed in an infinite number of emails about many aspects of the Bill, particularly Clause 9, now exponentially fuelled by the explanations and questions raised by the noble Lord, Lord Anderson. Clause 9 contradicts everything decent about adherence to international human rights law and will empower the Home Secretary and the Government to deprive an individual of citizenship without having to give notice if it is not “practicable” or in the “interests of national security” or the “public interest”, and without an opportunity for the individual to defend themselves, contradicting our basic right to stand innocent until proven guilty. With this Bill, the Government are saying to British citizens: “You are guilty, with no way of proving innocence.” This concern is exacerbated by what we know about the disgraceful treatment of British citizens of the Windrush generation, many of whom perished and suffered enormously without being able to prove their citizenship.

The Government refer to ambiguous terms of “national security” and “the public interest” to strengthen the discretionary powers of the Home Secretary and others in the Government and to justify actions that they are all too aware will breach international laws and conventions. We cannot allow the Government and the Home Secretary carte blanche with added discretionary powers, given what we know about the danger of discretion in handling protests, stop and search, and so on. Combined with the police Bill, the widening of discretionary and absolute powers by citing national security makes the Bill one of the most regressive, dangerous and dehumanising pieces of legislation proposed by this Government. Consequently, the Bill will directly affect two in every five people from a non-white ethnic minority background.

Leading law experts and women’s NGOs are equally vociferous in their concerns that the Bill undermines the Government’s own commitment to ending violence against women and girls, poses additional threats for victims and survivors with insecure immigration status, and shows a glaring lack of genuine insight into maintaining proper oversight of how legislation and policies affect all victims and survivors, regardless of their immigration status. Organisations including SafeLives, Women for Women Refugees and Rights of Women are fearful of the consequences for abused women and girls who may be held in detention centres without adequate information or access to legal services and safeguards.

We have debated, with wounds, the effect of Uighur detention centres, yet in the same breath have no qualms about proposing offshore centres that we decry as barbaric practice elsewhere, leaving aside the unreasonable expectation of extremely vulnerable people navigating an alien system to prove their case. Many may indeed languish in uncertainty as a consequence of reporting sexual violence, exploitation and abuse.

Will the Minister assure the House and external women’s organisations that the proposal for a firewall between the police and immigration services will be given serious consideration, given what she knows already about the danger of Immigration Enforcement’s migrant victims protocol for asylum claimants? Does she agree that this plainly two-tier system, albeit dependent on entry point, is inherently discriminatory and places particularly women and girls fleeing conflict zones in greater danger?

The Government’s claim of increasing

“the fairness of the system to better protect and support those in need of asylum”

is as utterly flawed as the ambition to deter illegal entry into the United Kingdom is fanciful. Have the Government defined what set of criteria constitute “reasonably practical” when deciding not to give notice of deprivation of nationality, given that a deliberate act to make a citizen stateless is prohibited under Article 15 of the Universal Declaration of Human Rights?

We are witness to the genocidal brutalisation of the stateless Rohingya people of Myanmar. Have we learned nothing? Has our conscience been so lost as to emulate Myanmar’s arbitrary policy on citizenship? The effect of deterrence by any means necessary will allow rescue workers to “push back” families to their deaths. Watching children, women and men die in our waters and calling it a Nationality and Borders Bill is an affront to the rule of law and humanity, which we constantly claim in abundance in this Chamber.

Under the Bill, border security staff are being asked to breach our commitments to the refugee convention and, critically, duty of care law. Are we seriously asking our officials—

[Lord Sharpe of Epsom (Con)]

Me again.

[Baroness Uddin (Non-Afl)]

My Lords, I am nearly finished. Are we seriously asking our officials to watch as people die, which may be considered manslaughter by gross negligence in our English courtrooms?

Over generations the UK has contributed to destabilising many nations, most recently Afghanistan, and the same can be said for Iraq and countless African countries. What result did we expect when the UK and its allies dropped an average of 46 bombs a day—

[Lord Sharpe of Epsom (Con)]

My Lords, the noble Baroness did say she was nearly finished and she nearly is not.

[Baroness Uddin (Non-Afl)]

My Lords, in closing—

[Noble Lords]

No!

[Baroness Uddin (Non-Afl)]

—we cannot punish the victims we have created. I sit in this Chamber every day, hopeful that it is possible that we can change the way in which we discharge our duties. Doing nothing is an abrogation of our duties. Our moral standing leaves nothing for others to emulate except tyranny, and we cannot be a bystander to such degradation of human decency.

Ten-Year Drugs Strategy

Baroness Uddin Excerpts

Thursday 9th December 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

May I finish answering the noble Baroness, Lady Meacher? We want to maintain the availability of needle and syringe programmes to prevent blood-borne infections and widen the availability of Naloxone to prevent overdose deaths. I do not know the document to which the noble Baroness, Lady Bennett of Manor Castle, refers. I went through some of the figures for drug deaths with the noble Lord, Lord Coaker. We will not go soft on some of the penalties that we have for drug use and drug dealing. As I told the noble Baroness, Lady Meacher, the focus of one of the pillars is helping people with treatment and rehabilitation.

[Baroness Uddin (Non-Afl)]

My Lords, notwithstanding the complexity of the current crisis, as detailed by the noble Lords, Lord Coaker and Lord Paddick, and the noble Baroness, Lady Bennett, I welcome this strategy. I have raised the matter of the severe cuts in services over the past decade since I led Addaction, a national pilot by Breaking the Cycle, a project funded by the Zurich Community Trust that invested nearly £1 million over five years to work successfully with 500 families. That is how much it costs when you are doing it right, as is acknowledged on page 55 of the strategy, which is about the complexity of the services required. I hope that the strategy that is to be implemented will add hope for people who have been waiting for services. Can the Minister and her department not reinvent the wheel for services which are already out there waiting to be called, by the Government and local authorities, to make themselves available to very vulnerable families?

[Baroness Williams of Trafford (Con)]

My Lords, I agree most wholeheartedly. It is not about reinventing wheels but about seeing what works, and about what new interventions might help people to rebuild their lives. There is all this talk about decriminalisation, but drugs destroy lives—we have all seen those effects.

Registration of Marriages Regulations 2021

Baroness Uddin Excerpts

Tuesday 23rd March 2021 Lords Chamber

[Baroness Uddin (Non-Afl) [V]]

My Lords, I welcome many aspects of the Registration of Marriages Regulations and look forward to the guidance, eloquently detailed by my noble friend Lady Sherlock—I commend her expertise to the House—and the forthcoming Law Commission report due to be published in August, particularly with reference to weddings and their registration.

I am pleased to be speaking in this debate and my primary focus is to draw the House’s attention, as I have done previously, to the hundreds of thousands of unregistered marriages and the detrimental effect of such decisions, which have left countless women in particular and their families, when separated or divorced, facing destitution and without fundamental legal protection and rights. I agree with the sentiments and questions of my noble friend Lord Hussain. This is a grave matter of ensuring equality and opportunity to safeguard hundreds of thousands of British-born women, and a smaller group of men, for whom there are no legal remedies or entitlement when marriages break down.

I am therefore pleased that the Law Commission in its consultations throughout the country cited the work of the Register Our Marriage—ROM—campaign, which, alongside many leading organisations, is supportive of the Law Commission’s proposal to modernise the marriage laws. It is asking the Government to amend and modernise the Marriage Act 1949 and require all persons, regardless of their faith, to register their marriage according to the law of the land. This would send a powerful message and clarity to all parties who enter marriage. It would also remove significant imbalances of power between couples and prevent pain and suffering, as well as enabling legal support. In that context, I thank Aina Khan OBE once again for her relentless efforts and for her comprehensive briefing which underpins this contribution.

I welcome much of the regulations. An important aspect worth noting is that for the first time, as the noble Baroness, Lady Hodgson, stated, mothers’ names will be recorded by acknowledging both parents. This has been an outrageous anomaly to be remedied given that it is the mothers who gave birth to both partners. I very much welcome those amendments and proposals. I also note that no other institutions will be able hold blank copies of marriage certificates, which it is proposed will be centrally held and registered, and details of marriages will be held centrally on a marriage register. That is indeed welcome news.

Finally, I have a request and a question to the Government and the Minister. In the light of the expertise our Government have developed in the past year in reaching out to communities with public health information, will the Minister assure me and this House that public education and materials on the proposed changes will be made available to all senior schools, colleges and universities, which may empower many women in particular to make informed choices and decisions, and protect and uphold their human rights?

Domestic Abuse Bill

Baroness Uddin Excerpts

Report stage & Lords Hansard
Monday 8th March 2021 Lords Chamber

[Lord Winston (Lab) [V]]

My Lords, I speak personally in this debate. It is a privilege and a pleasure to follow the noble and learned Lord, Lord Mackay of Clashfern, because I remember 1996. I was in the Chamber as a newly appointed Peer and remember very well Lord Jakobovits, who was quite a close friend.

I come from an orthodox Jewish family and I am an orthodox Jew. My grandfather was an orthodox rabbi. He taught me Hebrew and Aramaic from the age of six or seven, and his wife, my maternal grandmother, was very concerned about the problem of get. She used to try persuading the rabbinical authorities, including my grandfather, who was not a dayan—a judge—of the rightness of the cause. She remained, throughout her life, from the First World War onwards, an activist on this. My grandfather supported her with a smile, but he recognised that the Jewish courts were rather reluctant to move forward.

My mother travelled around the world trying to persuade the rabbis of the problem faced by the agunah. She spoke to American, Israeli and Australian rabbis—for example, the Chief Rabbi of Israel—and those in parts of Europe. The noble Lord, Lord Paddick, who will be speaking in this debate, can testify to how frightening my mother was. Unquestionably, many strictly orthodox rabbis appeared to be persuaded. She was always greeted with polite acquiescence, but nothing has happened, and one of the problems is that there are many different courts, so-called batte din, around the world. There is more than one in this country and they have been reluctant to work collectively in any way.

Another reason for being personally interested in this debate is that this is the week of my 48th wedding anniversary. My wife is not listening to what I am saying about divorce, by the way. Judaism differs from many other faiths because religious law is based on Talmud, which dates back to the Mishnah from the second century and the fifth century. It is a huge and remarkable compilation of discussions by the rabbis, who, of course, disagree with each other. Jews always disagree, and the Talmud is one of the few books of law of any kind which is almost entirely a matter of questions. One rabbi asks a question and another group of rabbis answers with a question. That is how the Talmud has built up. It has left Judaism almost unique in its religious format. It is not pyramidal—there is no one central authority. There is no supreme court in Judaism. I suspect that a supreme court would be in the world to come, not in this world. That has been a major problem for a few issues, particularly this issue of the chained woman.

It is embarrassing for someone such as myself to try persuading an English Parliament, to which I am absolutely committed, to help with Jewish law. I would also say that these instances of irreligious men hiding behind their religious cloak is much rarer than one might think, but none the less, there is this very important case for a few people where the future happiness of a woman, her freedom and, to some extent, the possibility of her having children is so important to her and to the community. It would at least prevent this shocking instance, so I am delighted that the Government are minded in some way to help us. I am very pleased that the noble Baroness, Lady Altmann, feels that the amendment to follow, to which I will listen with great care, will help to sort this matter out. I congratulate her on bringing forward this important matter, which affects a number of Jewish families.

[Baroness Uddin (Non-Afl) [V]]

My Lords, it is a privilege to speak to the amendments tabled by the noble Baroness, Lady Altmann. I am not Jewish, but as a woman of faith I appreciate the complexities detailed in the amendments. I am grateful to all organisations which have kept us fully briefed throughout the passage of this Bill. I salute them today, for many have spent a lifetime advocating for victims and survivors. As we approach the end, I have drawn on their experience, sentiments, and many of their expressions and words, to speak today, and I stand in support of the noble Baroness, Lady Altmann, and other noble Lords who have spoken.

Violence and abuse often beget another generation of violence, not in all families, but some are so scathed by the pain, humiliation and loss of hope, respect and self-esteem, and mental and physical well-being, that this impacts all aspects of their lives. Women have achieved significant positions in society and throughout the globe, yet perpetrators— mostly men—have, as has been said, continued to feel entitlement to an inalienable right to batter and abuse their wives and partners, sometimes using religious references. Throughout the years, many in families and communities and, shockingly, lawmakers and law enforcers, have often been bystanders, designating the degradation of women as “domestic”. Women have tolerated millennia of violence and persecution sanctioned by family, society, and worst of all, the state, and sometimes even religion. This Bill is our pledge that we will uphold a society which liberates victims and survivors to live free of the fear of violence and abuse and, more importantly, institutionalise justice, freedom and liberty from aggressors and their assailants.

Laws, while a cornerstone, will not on their own aid the victims, the survivors, and their families to rebuild their lives. They will continue to require proper and adequate financial assistance and structural support to protect them until they are strong enough in transit from victim to survivor. Therefore, at the outset it is crucial that the gendered context of abuse is recognised on the face of the Bill. We live in an unequal world, where women are often at the margin or society, no matter what advances we have made in some aspects of our society. All victims of domestic abuse need support, but how we respond to men and women will inevitably be different, as has been stated, and therefore their experiences and needs require appropriate responses. To deny a gendered approach is to persist in repudiating the experiences of the vast majority of victims and survivors of violence and abuse, who are women in our country and throughout all parts of our world.

The Istanbul convention also requires states to take a gendered approach, taking on board women’s faiths when implementing laws and policies on domestic abuse. This Bill cannot deny the reality, thus ignoring well-established evidence that women escaping and recovering from violence and abuse will require women-only services.

--- Later in debate ---

[Baroness Uddin (Non-Afl) [V]]

Later in this Bill, we will be discussing the role of Cafcass and the family court in instructing contact with children, which calibrates comprehensive briefing, and must always ensure that the protection and well-being of children are at the forefront of any discussions. Although I recognise the important and useful role of Cafcass and the family court system, I suggest it is far from resilient in its effectiveness and application, due to insufficient understanding of the impact of violence and abuse.

I wish to address the amendment of the noble Baroness, Lady Altmann, and her call for get refusal to be recognised as a form of domestic abuse within the statutory definition to ensure that Jewish women are protected and can access a DAPO on the grounds that a get is being withheld by an abuser.

I appreciate that this amendment specifically addresses get. I am in awe of the leadership of the noble Baroness, Lady Altmann, in getting us to this point. If husbands who refuse wives religious divorce are likely to be prosecuted, it would be a godsend, not just for Jewish women, as it would give hope to other women of faith, including Sikhs, Muslims, and Hindus—many of whom often discover, when there is a violent incident or separation, that their religious ceremonies are not recognised by the laws of our country. This blights the lives of countless women and families who have no recourse to the laws. The Register Our Marriage campaign and other leading women’s organisations welcome these proposed changes on get, as do I. It raises hope for others seeking state recognition for their plight in relation to religious ceremonies.

[Lord Cormack (Con) [V]]

My Lords, I take part briefly in this debate because I was moved by what my noble friend Lady Altmann said in Committee. I go by one abiding conviction: we are all equal under the law and every subject of Her Majesty the Queen deserves the same consideration, the same protection and the same advancement as any other. As a great admirer of the Jewish community and what it has contributed to our national life over many centuries, I believe that what my noble friend is arguing for today is something that we should all recognise as a legitimate request. I was delighted to hear her comments that she believes that this will be covered, even though her own amendment will not be pressed to a Division.

I have tried to help a little in the work that the noble Baroness, Lady Cox, has done for Muslim women in the context of sharia law. Again, it is important that everyone in this country—every woman—has the same benefits as every other. The rule of law is what makes this a civilised country.

I sincerely hope that we will go forward from Report to see this important landmark Bill on the statute book very soon, and that it will indeed give true and equal protection to all those who suffer or who are in fear of domestic abuse. I am glad to support this amendment.

--- Later in debate ---

[Baroness Sanderson of Welton (Con)]

My Lords, I would like to speak to Amendment 10, and I am afraid I am going to make the argument that the noble Baroness, Lady Lister, did not want to hear again today. I will speak to Amendment 17 later in the debate, but, in the main, I do not think that the exception should prove the rule. I am not sure that it is right to demand a report on such a specific issue on the face of the Bill, nor do I think it is right to demand that it is done within a year of the passing of this legislation. While the commissioner-designate has said that she is happy to do the work, she has indicated that she would need additional resources and support to do so.

I am not making any comments on the value or otherwise of the work itself, but I believe that it is for the commissioner’s office to decide priorities within the budget allocated to her, rather than it being the role of legislation. She is the “independent” domestic abuse commissioner and it is not for us to dictate in such fine detail what she should and should not be doing.

[Baroness Uddin (Non-Afl) [V]]

My Lords, I begin by acknowledging my noble friend Lady Lister and her heroic persistence in seeking welfare reform. The staggering statistics which have just been shared by the noble Lord, Lord Rooker, are shocking. In that light, I would argue that economic abuse is an integral part of coercive control that has been experienced by survivors. The Government’s recognition and inclusion of economic abuse in the new statutory definition of domestic violence is therefore welcome.

As has been said by all noble Lords, we know that financial control is a barrier to escaping violence and abuse, and therefore immediate access to financial assistance through welfare benefits is a lynchpin for women survivors if they choose or are forced to flee their homes. I am particularly concerned about women without secure immigration status, including those whose marriages have not been registered, and, of course, migrant women who find it impossible to access refuge accommodation and other welfare support, making it impossible for them to escape abuse.

Refuge and Women’s Aid, among other leading organisations, are seriously concerned about and are seeking changes to welfare benefits as regards all survivors of domestic violence, without which women will not be in a position to leave their abusive perpetrators. The single payment of universal credit, the five-week wait for payment, the two-child tax credit limit and the benefit cap all disproportionately impact single women and children. We are all too aware that the law detrimentally impacts them and other welfare support hinders women’s choices and decisions.

I therefore ask the Minister—I am sure these points have been made, but I want to reinforce them—if the Government will heed the call of women’s organisations and place a duty on the Government to assess all welfare reforms for their impact on women’s ability to escape abuse. Will the Government deliver separate payments of universal credit and ensure that they are safe for survivors of domestic abuse? Will they end the benefit cap for victims and survivors of violence and abuse which deters survivors from finding safe and secure homes as well as preventing some from being able to move on from secure refuge space?

I am very thankful to have been able to speak to these amendments, specifically highlighting Amendment 10. All noble Lords have spoken with a great deal of expertise, of which I profess I have none, so I am very grateful. I just wanted to stand in support of these amendments.

[Baroness Meacher (CB) [V]]

My Lords, I strongly support Amendments 10, 68 and 69, to which I have added my name. I also support the other amendments in this group, although I will not speak to them. The noble Baroness, Lady Lister, has, as always, introduced her amendments with great thoroughness and therefore I will try not to take too much of your Lordships’ time, although I do want to speak a little more on Amendment 10 than on the other two.

The proposed new subsection (7)(a) in Amendment 10 makes very good sense, requiring as it does that the commissioner within a year publishes a report on the impact of these universal credit single payments on victims of domestic abuse. Whether or not the amendment is accepted, I certainly hope that the commissioner will seek the resources from the Government to enable her to implement this recommendation.

Paragraph (b) is absolutely vital because, as organisations such as Refuge know perfectly well, action is urgently needed to resolve the problem for domestic abuse victims of the default position that universal credit is paid into a single bank account on behalf of a household. I applaud the announcement from the Department for Work and Pensions that it will “encourage” joint claimants to nominate the bank account of the main carer of any children in the household, but that simply does not go far enough at all. Too often, the abusing partner will make sure that the money goes into their account. The main carer of the children is then exposed to the perpetrator using money in a coercive and controlling way, adding economic abuse to any other forms used.

As the noble Baroness, Lady Lister, said, a victim can ask for payments to be split between the two partners, but that is a dangerous thing to do when your partner is abusing you and is perhaps dangerous to be with. The ideal is the policy adopted in Scotland, where separate payments are the default. However, I remember the UK Government arguing strongly against such a policy when the universal credit legislation was being debated in this House all that time ago. To introduce it as the default option now would be a sharp change of direction but, in the domestic abuse context, I hope that the Minister is sympathetic.

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[Baroness Uddin (Non-Afl) [V]]

My Lords, I am pleased to have this opportunity to support the noble Baroness, Lady Hamwee, on the role of the commissioner. Making sure it is autonomous and has some independence in decision-making with regards to the team and staff in management positions will enable her to be more effective, given the diversity of those in the women’s sector who undertake these very important areas of work.

I want to support this because the advisory board, management team and other decision-making structures must consider it necessary to embed diversity to strengthen their standing and credibility. More importantly, the presence of a diverse group of experts—and I use this word very carefully; it is not necessarily about representation, and should not suggest that people from diverse backgrounds are not going to be able to provide expertise—will, at all levels of decision-making, convey a very powerful message that the commissioner is committed to safeguarding the services for all survivors with the relevant expertise of different organisations. However she chooses to do that, it is important that she has diverse and meaningful experts who can inform and instruct the work of the commissioner.

[Baroness Burt of Solihull (LD)]

As my noble friend Lady Hamwee has outlined, this is a modest amendment which gives the commissioner a bit more leeway when it comes to appointments to the advisory board. More than this, it reflects the autonomy that we feel she should have. That is why we have picked this particular amendment as something that represents that.

Circumstances will change, as will the person who inhabits the role of commissioner. New disciplines and new ways of tackling the scourge of domestic abuse will emerge. In the Bill, the commissioner has some discretion on whom she appoints to her advisory board, which must have

“not fewer than six and not more than ten members”.

But what if she—or, in the future he—discovers someone else who could make an invaluable contribution but she already has the maximum number of 10 specified in the Bill? Does she take them on in different ways or co-opt them? Are they representatives? As several noble Lords have said, it is not necessarily a representative role that she needs; it is advice. She is there to advise, so why would we hamper her in that way?

I hope the Minister can explain the logic behind what seems to many noble Lords to be an arbitrary figure. If he cannot, can he please accede to this modest amendment.

--- Later in debate ---

I hope that the Minister will take this back to her department. Of all the measures we require to make this Bill a success, the training and support of staff seems to be one of the most important, and I believe that both these amendments—different from each other, but dealing with parallel issues—deserve considerable support.

[Baroness Uddin (Non-Afl) [V]]

My Lords, it is a great pleasure to follow my noble friend Lord Hunt of Kings Heath, and the very inspirational speech of the noble Baroness, Lady Newlove. I am in awe of her championing of these matters.

As a professional social worker for some years—although I am long in the tooth now—I cannot imagine dealing with child protection of any nature without having the confidence of knowing that I am well trained. I therefore welcome Amendment 15, and will also make some comments about Amendment 44. I am deeply indebted to my noble friend Lady Armstrong for her thoughtful contributions from Second Reading onward. Having heard the profoundly persuasive and detailed arguments of the noble Baroness, Lady Helic, and the noble Lord, Lord Marks, I speak in support of mandatory judicial training. I believe it to be essential to treat survivors’ experience with the required level of due care.

My noble friend Lady Armstrong highlighted the impact of a well-trained workforce, including police and children’s services, as well as the potential positive effect of well-trained jobcentre managers. We cannot hope to change societal attitudes to poor institutional practices unless government is committed to adequately funding and mandating training at all levels of service, including the highest level in the judiciary. If the noble Baroness, Lady Helic, moves her amendment I will definitely support her.

The amendment also asks that front-line public service staff are properly trained and competent and fully equipped to ensure that thorough assessments can be made of survivors’ needs. Although it is correct that individual public services may be best placed to understand the most effective ways to develop training for their staff, as is argued by the Government, it cannot be overstated that our public institutions may not be the first port of call for help for many women of minority heritage. Therefore, specialist organisations would also require support and training to effectively realise those ambitions. I was so moved by the way that the noble Lord, Lord Marks, argued on behalf of the needs of diverse communities that I need not say another word.

Does the Minister agree that we also need to influence our educational curriculum and provide age-appropriate information? We already do this with regard to sexual orientation and Prevent et cetera; we make sure that our children have information on a whole range of issues. Unless and until we take the matter of violence in the home seriously—violence experienced by parents, relatives or whoever—and we give some details of acknowledgement and equip children, they may not know where to go when they witness this.

I do not have the statistics to hand but is the Minister aware of the evidence which indicates that significant numbers of teenage children, as young as 11, 12 and 13, are accepting violence as a norm within their relationships? This is as well as the tragedy of sexual exploitation and abuse of children which continues to grow exponentially and has overwhelmed the NSPCC, Barnardo’s and other leading children’s organisations.

Training resulting in greater awareness may not be the panacea for stopping violence and preventing the murder of women and children in the immediate future, but combined with the force of law and a well-trained front-line workforce, including the judiciary, the financial support and measures proposed in the Bill will certainly go a long way to build in additional safeguards and improve the chances of survivors to survive violence and abuse.

[Baroness Bertin (Con)]

My Lords, I will speak briefly to Amendment 44. I thank my noble friend Lady Helic and Claire Waxman, the Victims’ Commissioner for London, and her team for bringing the issue of training to the forefront of this legislation. The evidence provided by my noble friend Lady Helic and others was harrowing, but hearing it is essential. As they said, too often it seems that our family courts are not the tools of justice they ought to be; instead, they can be used to continue that abuse.

Too often we fail to equip judges and magistrates with the knowledge they need to spot and prevent this reality. In doing so, we are denying many victims justice. We in this House can legislate all we like but if those on the front line are not adequately trained, as we have heard, it risks remaining just words, and, as my noble friend Lady Newlove said, not worth the paper they are written on. I believe we can and must do better than this. We should strive to ensure that our courts are at the cutting edge, and not repeatedly behind the curve.

The Bill introduces a number of excellent progressive measures that have the potential to help the family courts to deliver justice safely. They include recognising post-separation abuse and extending the grounds on which barring orders can be used. For those the Government certainly deserve credit, but the success of such measures and the guarantee that they will be translated into better practice on the ground hinges on this training amendment.

The amendment renders the need for training into clear language, creating an imperative to act. We need accountability and oversight in this area, as many others have said. If the Government resist putting the amendment into the Bill—and I do not really understand why they should—then at least we need to get to a place where the judiciary are being open and transparent about the level and quantity of training that they are receiving. Who is giving the training? Is it quality assured and rigorous enough? These are questions that need to be properly addressed.

We have heard a lot in previous debates about the need for data collection. In many areas across business and public life, it is transparency and good reporting that often create best practice, and it does not seem unreasonable for the public but also for the Government to be privy to such data. That would drive change from the bottom up.

We also need to be sure that training reflects the new provisions in the Bill immediately rather than them filtering into the system over a period of months or, worse still, years. Of course it cannot simply be a tick-box exercise that does not drill into the complexity of the reality on the ground with some of these cases. Post-separation coercive control, for example, is a multifaceted and insidious crime committed by devious and practised individuals. They need to meet their match in the courtroom, from magistrates upwards.

As my noble friend Lady Helic has rightly said, this is not an attack on the wisdom of our lawgivers. It is the opposite: providing them with training would deepen that wisdom and arm them with the means to deal with these complex cases. Doing so would give victims faith and confidence in our justice system and let them know that our courts were with them, not against them. It would also send a strong message to perpetrators that the courts were tools of justice, not another weapon to use against their victim.

I know that my noble friend the Minister is sensitive to these issues, and I am sure her answer will reflect that. As I have said before, I do not understand the resistance to putting this into the Bill, but I will listen carefully to her response. I hope she will come forward with some answers that move towards real progress and an understanding of what needs to be done.

Domestic Abuse Bill

Baroness Uddin Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021 Lords Chamber

[The Deputy Chairman of Committees (Lord Alderdice) (LD)]

The noble Lord, Lord Naseby, has withdrawn, so I call the next speaker, the noble Baroness, Lady Uddin.

[Baroness Uddin (Non-Afl) [V]]

My Lords, I thank the noble Lords, Lord Rosser and Lord Young, my noble friend Lord Woolley and the noble Baroness, Lady Hussein-Ece, for their thorough detailing of this set of amendments and for explaining in detail—I particularly thank the noble Lord, Lord Rosser, for this—the need to get these amendments accepted by our Government. I will speak generally first, and then I will make specific comments about Amendment 108.

I begin with the general point that the statutory definition of domestic violence and abuse must not neglect the reality of this crime, which is that women are the overwhelming majority of victims and survivors and men are the greater number of perpetrators. It really does not matter whether information is being collected right now; the information exists to substantiate this point.

--- Later in debate ---

[Baroness Benjamin (LD) [V]]

My Lords, I will speak to Amendments 176 and 177 in the names of the noble Lords, Lord Polak, Lord Russell of Liverpool and Lord Rosser, and the right reverend Prelate the Bishop of Derby, to give my support. I declare an interest as a vice-president of the children’s charity Barnardo’s. Barnardo’s and many other charities supporting child and adult victims of domestic abuse support the changes proposed in these amendments.

Following the debate in the other place, the Government rightly amended the Bill so that it recognises that children are victims of domestic abuse and not just witnesses or bystanders. Like many others, I am grateful to see this, as it shows common sense and joined-up policy. I congratulate the Government because the impact of domestic abuse on children must not be underestimated. It is the most common reason for children to be referred to local authority children’s services and it often creates trauma—and childhood lasts a lifetime. However, we know that, with the right support, children can recover from experiences of domestic abuse and can break the cycle and go on to live positive adult lives.

The danger with the Bill as drafted is that it offers this support only to some children, notably those who are in refuges or other safe accommodation. It does not secure support for the majority of victims, including children, who remain in the family home or elsewhere in the community. This can have some very damaging consequences, so we need joined-up thinking here too.

In the current financial situation, where funds are extremely tight and will remain so for some time, resources will inevitably go to services underpinned by a statutory duty. Under the Bill as drafted, the available resources would be concentrated in refuges and safe accommodation; very little would be left for the majority of victims in the community and those who continue to live at home. This could send out the message that in order to access support, you have to flee your home along with your children. This is surely not the message we want to send to victims.

There is a further question of how domestic abuse affects different communities. Evidence from Safelives suggests that victims from black, Asian and other minority communities typically suffer domestic abuse for almost twice as long before getting help, compared with those who identify as white. Disabled victims are often less able to leave their homes, so the impact is especially significant for them too. We also know that in some communities, there is a stigma attached to leaving your home and that services are not always culturally sensitive to this or able to engage effectively with those who need support.

The other problem here is one of missed opportunity. Victims, including children, will not reach the point of support until they are beyond crisis point, which is what often happens at the moment. This means that we miss the chance to support them early, to help families stay together and live in their homes safely, and to prevent the need for costly services.

We need to remember that time is much slower for children. Every day, every week that goes by in a dangerous home without support is eating away at their childhood, causing stress, anxiety and mental problems, and the longer they suffer trauma, the longer it will take to recover. Barnardo’s knows this. This has been the harsh reality for many families during the current lockdown. For all these reasons, it is vital that we use this once-in-a-generation Bill to secure support for all victims, adults, and children especially, from all backgrounds, wherever they live. This is why I support these amendments. They will help to make sure that support is available in the community, where it is desperately needed. I have much respect for the Minister and I hope that she and the Government will show compassion, consideration and empathy in the Bill for these vulnerable, forgotten victims who suffer domestic abuse while living in their own homes or in community-based services.

[Baroness Uddin (Non-Afl) [V]]

My Lords, it is a great privilege to follow the noble Baronesses, Lady Benjamin and Lady Bertin. I have been a practitioner at the front-line of statutory and voluntary social work for more than 40 years. I have worked with victims and survivors of domestic violence and abuse. It is a privilege to see the Bill progressing. I am truly grateful to all noble Lords who support Amendments 101, 176 and 177.

Amendment 101 looks at the impact of economic abuse. This group of amendments is concerned with local welfare provision, including emergency financial services for victims, survivors and their children and would assist some of the most vulnerable women and children who are often left with nowhere else to go. Amendment 176 would extend the duty on local authorities to mandate specialist provision to work alongside organisations which have been working despite suffering drastic cuts. The noble Lord, Lord Rosser, spoke of the 120 organisations that have written to Members in the other place. This amendment would put a statutory duty on local authorities to assess the need for community-based services on an equal footing. In my previous contribution, I highlighted, like other noble Lords, the staggering number of women who never seek refuge-based services, so I too welcome the £40 million announced by the Government. Will the Minister add £17 million so that it will be easy for these organisations to provide the relevant services?

Placing a duty on local authorities to work in partnership with long-respected organisations with specialist knowledge and skilled staff to deliver local welfare provision will be a critical component in safeguarding care and support for victims and survivors. We know that many local authorities have decimated the specialist services that for decades provided essential support and counselling for all women, including those of minority heritage who may require additional specialist services and expertise to deliver a more focused intervention arising out of their cultural, faith and linguistic requirements.

Some 8.7 million people experience economic abuse. The five-week delay in the payment of universal credit may preclude many survivors deciding to seek support. Economic sanctions and restraint by perpetrators have been powerful tools. The likely consequence is women victims and survivors holding back from seeking the help they need, so recognition of economic abuse in the Bill is welcome.

Amendment 101 would enable women to have their rightful dignity and care and would provide a necessary, immediate lifeline and relief by ensuring that all survivors can access local welfare assistance, including women victims and survivors with no recourse to public funds, who must not be excluded from safeguarding because of their immigration status. It is a great honour to support this group of amendments.

Domestic Abuse Bill

Baroness Uddin Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 27th January 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Jones of Moulsecoomb. She has an interesting perspective. I will speak to the amendments introduced by the noble Baroness, Lady Finlay of Llandaff. The noble Lords, Lord Brooke and Lord Hunt, have already spoken eloquently in their support.

We took evidence on this issue in the ad hoc committee on the Licensing Act 2003, which reported in 2017. Substance abuse in the form of alcohol was indirectly related to it—particularly when it was served to those who were already intoxicated.

I am sympathetic to these amendments. As the noble Baroness, Lady Finlay, mentioned, there can be—although not in every case—a relationship between the impact of substance abuse and addictions and the perpetration of domestic violence. This can lead to a severe deterioration in mental health, which may lead to the violent behaviour that, sadly, we often see.

I will focus my remarks on Amendment 94. This looks to local authorities to provide mental health support where necessary to the victims of domestic abuse where there is substance misuse. How might this work in practice? I am mindful of the helpful, comprehensive letter received from the office of the domestic abuse commissioner, which says, in relation to Part 4 of the Bill:

“The Commissioner has strongly welcomed the new statutory duty on local authorities to provide support to victims of domestic abuse and their children within refuges and other safe accommodation”.


Furthermore:

“The Commissioner has welcomed the funding secured by the MHCLG in the recent Spending Review of £125 million for councils to deliver this duty.”


If this group of amendments were to be carried, how they would work in practice? This is a question for the Minister and, indirectly, for the noble Baroness, Lady Finlay. I do not want to infer something that the domestic abuse commissioner has not said, but, reading between the lines, it appears that the approach set out in these amendments would not be unwelcome. How can we give practical effect to this group of amendments, given the limited budget available to local authorities and charities?

[Baroness Uddin (Non-Afl) [V]]

My Lords, I thank the noble Baroness, Lady Finlay of Llandaff, for her leadership, and my noble friend Lord Brooke of Alverthorpe for addressing the specific components of mental health, alcohol and harmful substance misuse associated with violence. I commend the work of the noble Baroness, Lady Newlove, and support her call for the commissioner to have comprehensive resources and staff, as well as advisers to manage the many complexities and demands in this area.

The Bill offers a unique opportunity to coalesce resources and enhance a more radical and holistic approach and a shift in our national attitude to service provision. I generally support this group of amendments. I am a practitioner and leader of service delivery, having led the national four-year pilot project, Breaking the Cycle, which provided early and long-term family intervention and support. It is a timely reminder that we need to bring our responses to significant hidden harms and violence, long associated with addiction, into the fold of service development.

During the recent lockdown, the statistics have been laid bare, as our attention has fallen on preventing alcohol consumption in pubs and bars, without critical additional support being made available to victims of those who are addicted. Numbers have risen exponentially. Alcohol and substance addiction affects all communities, regardless of faith, race or cultural background, with a pernicious impact which often remains hidden. Many women are fearful of exploring and explaining the secrecy surrounding addiction and of mastering the necessary courage to seek help. Many may experience additional anxiety and fear of the toxicity of discrimination or of children being taken into care. These complexities can prevent many women seeking help and reporting their emotional, physical, sexual and financial abuse and safeguarding concerns.

This is why I support these amendments and their fundamental, underlying principles, specifically Amendments 21 and 42, and Amendment 94 regarding the responsibility that a local authority must have to ensure that service provision is available to all. Since its inception, the “Breaking the Cycle” project has supported thousands of families with its expertise, with particular attention on addressing the impact on children, eloquently detailed by noble Lords. There are no easy, immediate solutions except to say that it is crucial to bring these responsibilities into the commissioner’s purview and remit, with specialist staff and advisers. This must, at its core, be a diverse team, given that the client base will reflect the diversity of our population. All services must take on board servicing all victims and survivors, as a matter of core principle. I am delighted to support these amendments.