(1 year, 9 months ago)
Lords ChamberMy Lords, can the Minister assure me that the number of women who are not able to communicate, as English is not their first language, is also collected in the data that my noble friend mentioned? How are we monitoring whether women from communities that cannot communicate fully in English are fully supported by the systems?
I take good note of my noble friend’s question and will do my best to assure her that those pressing needs are dealt with.
(3 years, 2 months ago)
Lords ChamberMy Lords, I am reluctant to give a date for that because we really have to see how it works out in the courts in which it is being piloted. I have already explained that its use in cases of rape and sexual violence raises different issues from its use in the case of vulnerable witnesses in, for example, domestic abuse and children’s cases. With respect to the delays, we now have more jury courtrooms available than we did before the pandemic. We have Nightingale courts to provide more space as well. As the Lord Chancellor has said, we are running the criminal justice system hot this year; there is no limit to the number of sitting days in the criminal justice system this year.
My Lords, following on from my noble friend Lady Helic, would my noble friend the Minister consider putting it out to the police and crime commissioners to create strategies that work across their police forces to measure the progress being made by their local police authorities on responding to victims’ needs? I also refer to the critical issue of children who have been groomed and been victims of multiple rapes during the grooming process. If justice has been served, can we make sure that those young people get the support, both physically and mentally, that they will need long after they have had their time in court?
My Lords, my noble friend is right to focus on the importance of PCCs in this area. Although, as I have said, the scorecards which we intend to bring in will look at local and regional data, the role of the PCCs in this regard is also very important because they are the people on the ground and they have the relationship with the local police force. Her second point is also extremely important. Victim support does not stop when there is a conviction or a sentencing. Support for victims has to carry on because we know that, for the reasons that my noble friend has said, victims are in need of support often for a considerable time after the perpetrator has been convicted of and sentenced for the crime.
(3 years, 3 months ago)
Lords ChamberMy Lords, I congratulate my noble friend Lady Fullbrook on her wonderful maiden speech today, and my Front-Bench colleagues on the way they have introduced this debate.
I will focus on—and make a plea to my Front Bench that in bringing these Bills forward they look at—knife crime. I had a failed attempt to bring a Private Member’s Bill to look at knife crime monitoring; it did not get into the ballot. I hope that I can use these Bills to ask the Government to consider making sure that those who have gone to prison and have been released and those who have been cautioned for carrying a knife are monitored for at least six months after they have been released or cautioned—I think we will get cross-party support. I say this on behalf of all those families whose children have been murdered because of knife crime.
I bring this to the House after speaking to a mother who lost her 16 year-old son because he was in the wrong place at the wrong time. A person who had been released from prison and was carrying a knife—he had been in prison for knife crime—decided to stab this 16 year-old in the heart, and he died. That mother and her bravery in trying to find support for not just herself but other families has moved me to plead with my Front Bench to have a look at this.
I do not know how it would work; I am sure that the clever people that work with Ministers will be able to find a route. I hope it will not be a huge cost on resource. However, we owe it to the victims and their families to be able to assure them that people who have committed a crime are at least watched to ensure that they get the support that they sometimes need, or that the public are protected from another incident like the one that this lady in Leicester experienced. I am from Leicester, and Leicester has a high rate of knife crime. So I plead on behalf of all the families undergoing this kind of experience. This lady herself has reached out to other parents to see how she could support them. We should not, however, let people undertake this support among themselves without providing support ourselves. That is my plea.
I was not going to touch on this, but having listened to a few other speeches I will finish with a few comments on migrants. Most migrants do not make the dangerous journey because they want to. Nobody would want to leave their families behind and come across dangerous waters. The Home Secretary is absolutely right to say that we need to deal with this issue. However, I firmly believe that we keep looking at this the wrong way round. Let us help the countries build their own infrastructures so that people feel safe to live in their homes in their own countries. That applies to economic migrants. Where there is war and risk to life, the argument is very different. I hope, however, that in the 21st century we look at the levelling-up agenda not just in the context of the UK. Covid has taught all of us that we are only as safe as everyone else is, so we have to help level up not just in our own country but globally.
(3 years, 6 months ago)
Lords ChamberMy Lords, it is a great pleasure and an honour to follow noble Lords in the debate on the three amendments in this group. I add my support for them. Noble Lords have already spoken very eloquently about the need for proper support for migrant women who have absolutely no recourse to public funds. I have seen so many examples of women who have come into this country, been married into households and then been treated in a terrible way simply because they do not have any status here.
As my noble friend Lady Helic said about enshrining legal support, domestic abuse cannot hide behind any discrimination. That is absolutely right. To sum it up—I have raised this issue on many occasions—I have met many women living in multigenerational households where they do not know their rights, what services are available or how to access them. It is a duty of any decent community or society to make sure that we are the voices for those people who are suffering—regardless, as noble Lords have already said, of what gender they are. If they are a victim of domestic abuse, they are a victim.
I have seen some horrific cases come before me. I remember one where a woman with three children spent many nights in her car to escape. She had nowhere to go; the car that she had been using for her work was all that she possessed. If we as a society are to demonstrate our humanity and meet the expectations of others—noble Lords have mentioned the Istanbul convention—then we have to lead by example.
I do not want to extend this debate because all noble Lords have made exceptionally eloquent and poignant points, but it is important that we as a civilised society recognise that this issue affects many people. I have my home in the city of Leicester. Southall Black Sisters has done phenomenal work, as have many organisations there, but everyone is going to have their hands tied if the facilities are not there for access and if information is not readily available because the victims cannot access it.
I hope that the law stands on the side of every single person, regardless of their immigration status. I am fully supportive of the amendments. I know that my noble friend the Minister is compassionate and passionate about making sure that we can remove as many obstacles as possible so that people can have the right access. I hope that she will take these amendments very seriously.
My Lords, like the noble Baroness, Lady Verma, I find it difficult to add to the arguments that have been made so persuasively in this debate.
I want to pick up the point made by my noble friends Lord Griffiths and Lady Lister. We want to make this Bill as good as it possibly can be, which leads me to the issue of evidence. Essentially, the Government are saying that there is currently a lack of robust data to demonstrate which cohorts of migrant victims are likely to be in most need of support. As my noble friend Lady Lister explained, the Government have launched a pilot scheme, which is due to run to March 2022. The Minister said at Second Reading that this
“will enable us to take well-grounded and evidence-based decisions on how best to protect these victims in the long term.”—[Official Report, 5/1/21; col. 126.]
The problem we have is that there is no guarantee that the Government will act, and 2022 is quite some way away—particularly when the evaluation would then need to take place.
One must ask how much evidence the Government need. We know that a large proportion of migrant women have no recourse to public funds, meaning that they are barred from accessing certain types of financial support, as noble Lords have already pointed out. We also know that the number of survivors of abuse with no recourse is set to increase post Brexit under the new Immigration Rules. It is quite likely that even more women will experience difficulties accessing safety and support. The Covid-19 crisis has served to demonstrate just how precarious the position of migrant survivors is and how essential it is that they can access financial support from the state. In the end, I hope that the House will have the gumption to pass amendments on Report because waiting for the pilot scheme and for the Government to review it, with no guarantee of future legislation, is simply not good enough. We have to act now.
My Lords, the noble and right reverend Lord, Lord Harries of Pentregarth, who is next on the list, has already spoken and inadvertently appears a second time. The noble Lord, Lord Cormack, has withdrawn. I now call the noble Baroness, Lady Verma.
My Lords, I am very supportive of Amendment 149. I would like to put it in the context of how I see this: supporting women from BAME communities in particular, where they are separated from their families and yet the coercive behaviour continues, not just by one perpetrator but by many family members, in particular with regard to the economics of abuse or the way they poison—and I say “poison” very strongly—the minds of children against the victims and survivors. We need to have something in place that supports women. I concentrate on BAME women because I feel that they are probably those who least know how to access the services that are available and how to utilise the law as it currently stands. We need to make sure that they have as much protection as possible and are able to access it.
I know my noble friend will take away the serious implications of the amendment, particularly for the women I am trying to focus on. I feel, as other noble Lords have said very eloquently, that this is something that is critical and missing in an important piece of our legislative framework.
My Lords, I support Amendments 149 and 157. I am very well aware of the time and shall keep this short. Victims of domestic abuse who escape the perpetrator need protection in circumstances already set out so well by other speakers—and not exclusively, I have to say, in situations of economic abuse. However, to look at economic abuse, as a family judge financial dispute cases post-divorce came before me which undoubtedly came within the framework of economic abuse. They were very difficult to resolve because those who had perpetrated this economic abuse were usually very clever in managing to prevent adequate financial relief for the spouse. However, it is absurd to suggest that the CPS would be likely to prosecute these sorts of cases as issues of harassment. Possibly it would, but I would be astonished if it did or, indeed, if the police brought them to the attention of the CPS.
As I said, I also support Amendment 157. It is broader than has been suggested and, in my view, it includes teenagers who are being forced into marriage by family members who do not necessarily live under the same roof. An example would be uncles or brothers who have already left home, but they are as abusive and dangerous to the teenager being forced into marriage as those who live under the same roof.
(3 years, 6 months ago)
Lords ChamberMy Lords, I strongly support as much training as possibly can be given to everyone who works in any way in the family courts, but I strongly oppose the proposal that this provision should be in primary legislation. This is a matter for the Ministry of Justice; in relation to judges and magistrates in particular, it should be a matter for the Judicial College.
I am interested to see that magistrates who sit in the family proceedings courts have been consistently ignored in this debate, throughout many of the amendments. Many of these cases are actually in the family proceedings courts. Both the judiciary and magistrates have specific training from the Judicial College. I used to be the chairman of family training in the predecessor to the Judicial College; I certainly gained a great deal from seeking the advice outside the judiciary. Involving the domestic abuse commissioner is an excellent idea. She should be able to advise the Judicial College, particularly speaking to the family judges and the family magistrates, but this should not be part of primary legislation.
It is also important to bear in mind that each of the groups which are set out have their own training processes. Again, it would be important for the Ministry of Justice to discuss with social services and with the medical profession—almost certainly through the Royal College of Psychiatrists and the similar organisation for psychologists —whether they have adequate training for dealing with evidence of domestic abuse. Any other independent appointed experts should be looked at for appropriate training. I have no doubt that Cafcass gets training. It works with the Ministry of Justice and with the family courts, and its training is very important. But it is not appropriate in my view for this to be put into primary legislation.
I was interested to read a case in 2020 called H v F; the Court of Appeal gave helpful advice on the importance of the interface between the criminal courts and the family courts on domestic abuse issues and suggested that there should be specialist training for judges. I hope that that will be picked up by the Judicial College. It would be helpful for discussion for the president of the Family Division, but please do not put any of this into primary legislation.
However, although I do not support Amendment 133, I support everything the noble Baroness, Lady Helic, has said about the importance of training. I entirely agree with her suggestions and her very powerful speech, apart from the matter of primary legislation. I strongly support Amendment 134 because of the important research on trauma and its effect, as has already been said, on the ability of witnesses to give evidence. It is believed that very often the problems of not remembering certain things are because of trauma. There is a lot behind this which needs to become part of the training of all those involved in the family courts and domestic abuse cases. It is very important that there should be far more awareness of the impact of trauma on those who are the sufferers of domestic abuse.
Let me mention the two groups that I have referred to throughout Committee: the victims of forced marriage, and those of modern slavery who may not have gone through the NRM; even if they have, they need help for their trauma.
I do not think there is anything more to say about Amendment 136. Clearly the victim should not have to pay for the perpetrator to have contact; I should have thought any parent seeking contact should be expected to pay for it as a general principle.
My Lords, I feel very privileged to be following noble Lords in speaking to this amendment. I want to put it on the record that I am chair of UN Women UK.
I shall speak briefly to Amendments 132 and 133. I fully support sharing information, from the perspective of women from minority communities. With the support of the work that H.O.P.E training is doing through Meena Kumari and her team, I have learned an awful lot, even though I have been working in this area for a very long time. I have come to the conclusion that the silos that exist have been compounded even further if someone is from an ethnic minority background, English is not their first language and they do not understand how to access services and opportunities. They live within multigenerational households, and when they finally try to leave and enter a refuge, it may not be equipped for their needs, or they enter the home of a friend of a relative who can also be put at risk.
It is critical to offer as much protection as possible and to try, through training of all our services,—whether it is the judiciary as in this case, or all our other services—to get a much deeper understanding of the perspective of women coming from minority communities, who do not have the opportunities to understand the wider support mechanisms that may be available to them. That is not just through language, but it is also through cultural norms of acceptance.
The noble and learned Baroness, Lady Butler-Sloss, talked about forced marriages and modern slavery. I have come across numerous cases of forced marriages, and seen the trauma and the effects of having lived within households where every single day was a day of abuse, not just by one perpetrator but by many family members. Trying to find the will to escape and then finding yourself sitting in court rooms with the whole family on one side and you alone as a survivor on the other—it is incredibly difficult to explain the long- lasting effects of that. I cannot imagine how that is ever going to leave you and your psyche.
(11 years, 6 months ago)
Lords Chamber
To ask Her Majesty’s Government what is their assessment of the 2012 Arctic Report Card of the National Oceanic and Atmospheric Administration of the United States showing record-low sea ice extent in the Arctic Ocean during the past year.
My Lords, the Government have noted the contents of the NOAA report with concern. The observed reductions of Arctic sea ice extent and thickness and the consequent regional environmental and societal impacts re-emphasise the urgent need for strong international action to tackle climate change. The UK has a leading role in the international negotiations and is working through the European Union, the G8 and the UN Framework Convention on Climate Change to reach further global agreement to reduce emissions. Domestically, we are also taking action through the Green Deal and through the Energy Bill.
I thank the Minister for that Answer. The self-same report says, in heavy scientific jargon, that the extreme melting of the Arctic is a kick up the pants to the world. In terms of doing more to combat climate change, I take it that the Minister will agree with that assessment. Are the Government prepared to work bilaterally with the Americans on the possible implications for changing weather patterns in the north Atlantic, since such changes look quite likely? These changes will have radical implications for our own weather and are perhaps already beginning. Are the Government working, or planning to work, with the Americans on these issues?
My Lords, the noble Lord raises a very important issue—we must be mindful of the different weather patterns that we are witnessing currently. We work through the UNFCCC process, and at the recent conference of the parties in Doha all countries restated their commitment to negotiate a global deal by 2015 on a single comprehensive and legally binding climate agreement to come into effect from 2020. The noble Lord also mentioned our relationship with the US. He is aware that the United Kingdom has bilateral relationships with many countries, particularly in the north Atlantic. Our relationship with the United States is crucial and we will be having ongoing discussions with it and with other partner countries.
My Lords, in the context of the United States, would the Minister consider that the US has greatly reduced its carbon emissions in the past year by reducing its dependence on coal plants through the development of shale gas?
Yes, my Lords; the noble Lord is right that the United States has reduced its carbon emissions and increased its production of shale gas. However, this country takes the view that we need to ensure that our energy supplies are a mix of renewables and traditional fossil-fuel based. Therefore, although we are looking at shale gas, it will be part of a mix of energy rather than our having a dependency on it.
My Lords, is the Minister aware that the cost of the actions that we should be energetically taking against climate change—the need for which is underlined by the faster than previously expected melting of Arctic ice—is significantly smaller than the discounted present value of the much more difficult actions that we will be faced with in future if we do not act? I declare an interest as a member of the Committee on Climate Change.
The noble Lord is of course right that we need to take action. I am pleased to say that this Government are taking action and working very hard with all partner countries to ensure that this global issue is tackled with a global response.
My Lords, an example of extreme folly is the manner in which we are allowing petroleum companies to pursue the exploration of oil and gas in the Arctic as the reduction of ice cover renders this more practical. Can the Minister tell us what steps, if any, the Government are taking to restrain such activities?
My Lords, the fact of the matter is that we will need supplies of oil for the near future. Although we work very hard with our partner countries to ensure that everything is done in an environmentally safe way and with consideration to the environment and locations, we cannot dictate to the Arctic states or to the Arctic Council how they progress with their drilling. However, we know that they take the issue very seriously and are very environmentally effective when it comes to the security and safety of how they drill.
What global greenhouse-gas emissions stabilisation levels do the Government believe will be necessary to protect Arctic summer sea ice for the remainder of this century? In asking this question I also congratulate the Government on the launch today of the Green Deal, which will help reduce greenhouse gas emissions from British homes.
My Lords, I thank my noble friend for mentioning the Green Deal, which will of course help very much in how we respond individually to a very serious issue. Greenhouse gases are the key cause of climate warming. We have invested heavily in research to ensure that, working with Defra, we have many ways of responding to the climate change which is happening around us and to ensure that other countries are working with us in that response.
In the past 60 years more than half of the ice in the Arctic has disappeared. That opens up the prospect of the north-west passage—which we all remember from our history books in childhood—becoming a reality. This has enormous strategic implications not only in the movement of goods but in extra exploration for both oil and other minerals. How do the Government see the United Kingdom’s strategic interests, and are they pursuing those through their associate membership of the Arctic Council?
My Lords, the noble Lord is right to raise that issue. Although we are not a member of the Arctic Council or an Arctic state, we have been invited in as observers and we are able to have a very constructive dialogue with those Arctic states and with other observer states as well.
My Lords, the Arctic is experiencing rapid change due to the impact of man-made global warming. In recognition of the unique and fragile nature of this region, Greenpeace is calling for the establishment of a global Arctic sanctuary. The Environmental Audit Committee also recommended that a sanctuary be established in its report, Protecting the Arctic. Can the Minister please inform the House what actions the Government are taking to secure a marine protected area in the Arctic and what assessment they have made of the risks, both economic and environmental, of allowing oil extraction in the area?
My Lords, as I think I have said in answer to a number of the questions put to me today, we have to work very closely with the Arctic states and the Arctic Council. However, I recognise the noble Baroness’s point about the depletion of marine life. If she will allow me, I will make sure that she receives a much fuller answer, given that this is quite a serious issue that needs to be tackled.
(12 years, 5 months ago)
Lords ChamberPerhaps I may remind noble Lords that we are at Report stage. Points should be quite short and directed to the amendment. I should like just to indulge the House with that request.
I would like to ask my noble friend the Minister the following questions. Why is legal aid being withdrawn for advice in cases covering 6,000 children a year who would qualify under the current rules? Will he explain why legal aid is being kept for 35,000 children a year but is being withdrawn from the equivalent of 6,000 children a year? And how, when and where will professional legal provision, not just advice from social workers or the use of community legal advice helplines, be made to ensure that vulnerable children and young people are not left to suffer even more, though no fault of their own? If my noble friend does not have the answers to my questions now, will he have them before Third Reading? Can he give me an assurance that we will have a meeting to discuss what the Government have in mind to replace the protection that will be given to these children? Also, will he undertake a series of meetings to keep myself and those interested informed? Will he agree to make sure that this is a live issue that is retuned to at Third Reading? Finally, will he give us a timeframe and report back to us on when all this will happen?
We cannot abandon children who are in need. It cannot be morally right for us to neglect any child who cries out to us in need. I urge my noble friend to consider the content of these amendments and to respond favourably.
(12 years, 8 months ago)
Lords ChamberMy Lords, let us hear first from the noble Lord and then from my noble friend.
My Lords, I would like to ask the Government a simple question. What do the Bar Council, the Law Society and the organisations concerned with poverty with regard to legal services have to say? Have the Government taken the trouble to consult these organisations? The noble Lord says that they have. So what is their reply? They remain obdurately opposed to the principles that the Government are putting forward today. I unhesitatingly support the amendment. Pretty well all the speeches in the Committee—whether from the Conservative, Liberal Democrat or these Benches, and on the Cross Benches—have expressed opposition to what the Government are trying to do and support for what the amendment stands for.
I also unhesitatingly support the remarks of the noble Lord, Lord Carlile. He has spoken very bravely, and has been supported by several noble Lords who share his profession. A bevy of Silks have announced support for the proposition advanced by the amendment. I got involved with legal aid from pretty well the very beginning, because of a very simple notion—I thought it was imperative that ordinary people should be able to advance their cause and, where they are impaired from doing so, they should be supported by the state. That was my view then. The amendment sets out very clearly, within the constraints that are necessarily imposed upon us, the basic principles that we should preserve.
It is vital that individuals should have access to legal services, where their rights are being seriously impaired or are not being properly advanced—subject always to the provisions of the 1999 Act. There is a serious risk that both of these will occur, separately, under the changes to legal aid provision now being contemplated. I am surprised that any person of any sensitivity—and I think that the noble Lord, Lord McNally, would fall into that category—would support such changes. I have always had great admiration for the noble Lord—I do not know why, as he has done his best to impair that decision on my part. It is not a question of party prejudice at all; it is a question of downright decency and that is what I support today.
My Lords, if we could hear from the Liberal Democrats, the Cross Benches and then the Labour Party.
My Lords, many years ago, when Lord Scarman was chairman of the Law Commission, I remember him saying that his cleaning lady came to him one day and asked whether he could help her with a social security problem. He described how it took him three days of combing through the social security legislation before he was able to help her. He told us this story because he was explaining how there was an enormous need for poverty lawyers—the ones who deal with the legal problems of the poor—to be empowered to provide those services. If a Law Lord such as Lord Scarman took three days to do what a law centre could do more quickly, it illustrated the point.
The great virtue of the amendment of the noble Lord, Lord Pannick, is its conspicuous moderation and realism. I cannot understand those noble Lords who criticise him for being so moderate and realistic. The real value of his amendment is that it strengthens the hand of the Lord Chancellor and Justice Secretary in his dealings with the Treasury. Many years ago when I was Roy Jenkins’s special adviser, I remember that Barbara Castle, a Minister in the then Government, explained why she supported cuts in civil legal aid. She wrote to her colleagues saying that if she had to choose between hospitals and legal services, she would unhesitatingly preserve hospitals. It is that notion that legal services for the poor are a soft target and matter a great deal less culturally and politically than health services which is at the bottom of the problem in my view.
Successive Governments have found it very easy to sabotage civil legal aid since the original Legal Aid and Advice Act was passed. This is not a party political problem; it has pervaded all parties. The noble and learned Lord, Lord Irvine of Lairg, who, unfortunately is not in his place, cut legal aid when he was Lord Chancellor, and followed a long line of Lord Chancellors in doing so. He attacked what he called fat-cat lawyers to justify some of the cuts that he made. When Lord Taylor’s memorial service was held in St Paul’s cathedral, Sir Humphrey Potts, in giving the encomium—I recall that the noble and learned Lord, Lord Irvine, was at the front of the cathedral—made a joke at his expense, saying that he saw that he, in a fit of post-retirement remorse, was attacking fat-cat lawyers. It was a good joke but it illustrated a powerful point. It would be very easy for my noble friend Lord McNally when he replies to make some cynical remarks about his legal friends standing up for the closed shop. However, I am sure that he will not fall into this trap. As the noble Baroness, Lady Kennedy of The Shaws, has said, those of us who are here today are not in the platoons of legal services for the poor lawyers who will be most hit by these cuts, along with their clients.
Perhaps the noble Lord could speak first, followed by the noble Baroness.
My Lords, I rise with great caution as a lay man in this very legal debate. However, I read the article in today’s Guardian by the Lord Chancellor, in which he spoke of promoting non-adversarial solutions. I therefore invite the Deputy Leader of the House, when he replies, to tell us a little about how that will work out in practice and to what extent those kinds of solutions will compensate for the very large cut that is proposed to be made to the current legal aid budget.