(6 years, 10 months ago)
Lords ChamberTo ask Her Majesty’s Government what advice they are giving to police commissioners on (1) whether commissioners should use the opportunity to levy additional council tax of £1 per month, and (2) what criteria should be used when making that decision.
My Lords, the Government believe that democratically elected police and crime commissioners are best placed to take these local decisions. It is a matter for them to determine the appropriate levels of council tax precept to apply in each police force area.
My Lords, that is not true, of course, because there is a cap on it. To give just one example, in my own county in Lancashire the police are facing £90 million of savings in this decade, and they have already lost 800 police officers. The Government accept that there is a need for more spending, but the only way in which they will allow it, in order to max their cuts in what they are providing in real terms, is by putting up council tax by £12 a year, which would raise a fairly paltry £5 million this year. What advice will the Government give police commissioners in such places? Will they come off the fence and say whether they want the commissioners to stop further cuts in the police? If they do, will they therefore put council tax up by an extra £12 a year?
My Lords, the reason for a cap is to stop precepts from getting completely out of hand in terms of the amount that local people might be asked to pay. The advice to police is that there are further efficiencies to be made in policing, as acknowledged by HMICFRS. There are investments in technology and things such as shared services that the police can look at across the piece. However, it is up to the local PCC to determine the best level of funding for the area and what type of investments it wishes to make.
My Lords, is this not just another example of the Government passing the buck? The police are under enormous financial pressure, and every county in this country will say that they do not see police officers as often as they used to and that numbers are falling. It is hardly surprising that, after seven years of real-term cuts, we have fewer officers per head of the population today than we have had at any time since records began. Instead of saying that it is a matter for the police force or PCCs, will the Government accept responsibility and give the funding required? When the Minister says that these technologies are needed and investment must be made, we have to put the money in first to see the benefit of investment. Will the Government step up to their responsibilities and adequately fund our police force?
My Lords, the Government certainly accept their responsibilities. The right honourable Member in the other place, Nick Hurd, visited every police force in England in the run-up to this. The NPCC and the APCC called for £440 million of extra funding in 2018-19, with additional CT funding on top. They called for an extra 5,000 front-line officers for proactive policing by 2020. If all forces delivered the level of productivity benefits of mobile working of the best forces, the average officer could spend an hour a day extra on the front line. That has a potential to create the equivalent of 11,000 extra officers across England and Wales. In addition, the police have reserves of £1.6 billion to invest.
Does my noble friend agree that it would be wholly inappropriate for the discredited former chief constable of Wiltshire Police to be given another highly paid job within the police force?
I think that my noble friend answered his own question. What I will say is that, under the Policing and Crime Act of last year, retiring or moving on to another force—I am not referring specifically to the chief constable—does not absolve a police officer from being answerable.
Four years ago, the Government described council tax payers as “hard pressed”; today, the Government are anticipating, and enabling, the raising of the police precept by police commissioners by 6% or 7%. Does that mean that council tax payers are no longer hard pressed?
My Lords, when local leaders such as PCCs or local authorities make funding and budget decisions, they should always maintain as low a cost base for the local taxpayer as possible.
Will the Minister confirm that we have lost more than 20,000 police officers since the Government came in in 2010, and will she explain precisely how that has helped the fight against crime?
As the noble Lord will know, overall crime has gone down since 2010. However, I think that everyone will recognise that the types of crime we are now experiencing have changed, and that police forces need to be equipped to deal with the changing face of crime.
The Minister said that the police and crime commissioners have £1.6 billion in reserves. What is a reasonable figure?
I am not sure whether the noble Baroness means a reasonable figure for reserves.
I thank the Labour Front Bench for answering the noble Baroness’s question. I think that 5% of the revenue budget is deemed a reasonable level of reserves. I cannot stand at the Dispatch Box and work that out quickly.
(6 years, 10 months ago)
Lords ChamberThat the draft Regulations laid before the House on 16 November 2017 be approved.
My Lords, the Policing and Crime Act 2017 provides police officers and other law enforcement with certain powers in the maritime environment so that they are able to prevent, detect, investigate and prosecute criminal offences that take place on vessels where the courts in England and Wales have jurisdiction. These provisions close a gap in enforcement powers, ensuring that law enforcement officers are capable of functioning effectively to tackle crime on sea as on land. This is because Section 30 of the Police Act 1996 places a geographical restriction on the exercise of police powers, limiting these to England and Wales and the adjacent waters; that is, the territorial waters which extend to 12 nautical miles.
The maritime provisions, once commenced, will give the police and other law enforcement at sea similar powers to those available to enforcement officers in relation to drug trafficking and modern slavery. The difference is that these powers cover all offences under the law of England and Wales. In summary, these are: the power to stop, board, divert and detain a vessel; the power to search a vessel and obtain information; and the power to arrest and seize any relevant evidence.
The Policing and Crime Act enables law enforcement officers to use these powers in relation to certain ships in international and foreign waters as well as the territorial waters of England, Wales and Scotland. Principally, the vessels will be UK flagged, but law enforcement will also be able to act on non-flagged vessels and foreign ships in certain circumstances in international waters as well as territorial waters. These powers are important because crimes such as rape, murder, firearms offences and grievous bodily harm can take place on UK-registered ships beyond the territorial waters limit, just as they can within those waters or on UK soil. There are other crimes specific to the maritime context, such as illegal fishing, unsafe vessels, piracy and marine theft, which the police must be able to tackle just as effectively as when the crime is committed on land.
Before these new powers are brought into force, a code of practice issued under Section 94 of the Policing and Crime Act will need to be put in place for English and Welsh law enforcement officers to follow when arresting a person under Section 90 of the Act. The code must set out certain rights and entitlements of persons arrested under Section 90, particularly the information to be made available to them on arrest. The Government have now prepared this code of practice, and it was placed before the House on 16 November 2017, together with these regulations. The regulations are necessary to ensure that the code of practice will be in force at the same time that the maritime powers in the Act are commenced.
The code provides guidance as to the information that should be given to a suspect at the time of their arrest. It makes it clear that suspects should be provided with a summary of their rights and warned if it may take more than 24 hours to bring them to a police station. The code will ensure that law enforcement officers provide suspects with information; this includes ensuring that those detained understand what is said to them. Officers will also be obliged to make arrangements to safeguard the health and welfare of arrested persons.
To ensure that the code will be practical and effective, the Government have consulted the law enforcement agencies that will use this code, representatives of the legal profession, devolved Administrations, other external organisations and interested government departments.
Police Scotland is currently drafting equivalent but non-statutory guidance concerning the exercise of its maritime enforcement powers, and we are working closely with the Scottish Government to ensure that this guidance is appropriately aligned. The Northern Ireland provisions will also be covered by non-statutory guidance. The Northern Ireland maritime provisions will be commenced separately to those of England, Wales and Scotland, at a date determined by the Northern Ireland Executive.
The maritime powers in the Policing and Crime Act are essential if we are to ensure that our police and other law enforcement are equipped to be effective at tackling criminality, to enforce the law and to protect the public. However, when these powers are used, it is vital that they are used properly, particularly when a person’s liberty is restricted as under the power of arrest, and that is why the code of practice and these regulations are so important. I ask noble Lords to support the new code, and I commend the regulations to the House.
My Lords, I thank the Minister for introducing these regulations. I am not sure how illegal fishing is to be enforced against just as effectively as if it was committed on land, but I accept the general point.
We raised concerns during the passing of the primary legislation regarding the extent of these powers, bearing in mind that, as the Minister has said, they allow a law enforcement officer to arrest a person for anything that is an offence in England and Wales on a United Kingdom ship in British waters, in foreign waters or even in international waters. I raised the prospect during those debates that there could be a special constable on a cruise ship pulling out of Southampton who gets into an argument with someone who pokes him in the eye, and who then decides to arrest that individual and orders the “Queen Mary 2” to return to Southampton. The regulations and the power in the Act would allow that. There is nothing in the guidance to officers on the use of discretion, or indeed on whether the powers should be restricted to more serious offences.
The other slightly worrying issue in the draft code is the reference to the Act including,
“a power to require a person on the ship to provide information about themselves and about anything on the ship. The purpose of this is to enable law enforcement officers to take control of the ship”.
I hope that the special constable will not be steering the “Queen Mary 2” into Southampton, with his common assault suspect.
More seriously, in addition to those concerns about the rank of the officer who is using these powers, there is the seriousness of the offence. While I accept that the sorts of offences that the Minister mentioned—rape, murder, firearms and grievous bodily harm—are very serious offences, it is not an exclusive list.
My Lords, as we have heard from the Minister, the code before the House this evening deals with the practice to be followed by law enforcement officers when arresting a person under the powers conferred by Section 90 of the Policing and Crime Act 2017. The powers may be exercised with the authority of the Secretary of State for specific situations on UK ships, ships registered in the Isle of Man, the Channel Islands or overseas territories, foreign ships and ships without a nationality in UK waters. I have no issue with the code as far as it goes, but the noble Lord, Lord Paddick, has made a number of important points on which I look forward to the Minister’s response.
However, I suggest that the Government should consider a wider group of issues and seek to extend these powers further to protect the UK economy and to protect seafarers from employment abuses, particularly around the national minimum wage. While there has been significant progress on land, the position of seafarers remains insecure. The payment of wages below the national minimum wage in the UK merchant shipping industry should not be tolerated, and nor should the scandal of nationality-based pay discrimination. There is also the emergence of modern slavery in work in the waters around the UK, which must not be tolerated. Every action should be taken to eradicate it.
The merchant shipping industry and the fishing industry are very important to the economy of the United Kingdom, and we all want to see these industries being profitable and maintaining the highest of standards. The fact is that some people and some companies in these industries are not playing by the rules, and the enforcement action taken so far by the Government is not good enough. So will the Minister agree to meet me and representatives of the RMT union? Alternatively, will she arrange for us to meet another Minister if that is more appropriate? The RMT is the union for seafarers, and these are serious issues which need to be looked at.
I am aware that the Department for Business, Energy and Industrial Strategy has published guidance on seafarers and the national minimum wage and that the national minimum wage has been referred to, for the first time, in guidance to the Border Force working to prevent modern slavery on the seas. I know that there is a Department for Transport-led working group including the RMT, Nautilus, the UK Chamber of Shipping and the Department for Business, Energy and Industrial Strategy looking at enforceable regulations around the national minimum wage for seafarers working between UK ports and between UK ports and the continental shelf.
These are important issues that need to be looked at seriously, and I am pleased to have been able to raise them today. They are perhaps not the subject of these regulations, but I hope the Minister will agree to my request for a meeting so that we can work together to find a solution to these issues.
I thank both noble Lords for the points that they have made. On the first series of points from the noble Lord, Lord Kennedy, I just underline again that these powers cover all offences under the law of England and Wales. Clearly, not abiding by the minimum wage is an offence; were that to be extreme, one could say it falls into the modern slavery category. I am very happy to meet with the noble Lord and the RMT, and look forward to doing that.
The noble Lord, Lord Paddick, made a point about an incident where someone was poked in the eye out at sea. Law enforcement officers will need to ensure that their use of these new enforcement powers is both necessary and proportionate, just as they would on land. Although it might be possible for the powers to be exercised for a minor crime on board a ship, such as for a poking in the eye—I recall that in that previous debate the example given was of the theft of a Mars bar—we expect that the powers will be used sensibly and proportionately by officers, just as they use their powers under PACE. Given the need for proportionality, we would not expect that forces would obtain Section 8 PACE warrants to raid domestic premises at the crack of dawn to investigate an allegation of a poking in the eye, and it is for that reason that we would not expect these maritime powers to be exercised to stop, board, divert and detain a ship at sea to investigate such an allegation. Instead, we expect that they will be used to investigate allegations of more serious crime. I am sure the noble Lord would agree and that that is the point he is getting at.
The noble Lord also talked about exceeding the 24-hour detention period. He is right to raise that. However, we need to recognise the exceptional nature of the maritime environment, where conditions are different to those on land. The powers can be used anywhere in the world, subject to the agreement of the Secretary of State, and to the agreement of other states where their vessels and waters are involved. If we put in place a strict time limit, this would undermine our ability to use the powers globally as intended. It is intended for the suspects to be brought to a police station as soon as reasonably practicable and that they will be warned if this could take more than 24 hours. While the detainee is on board the vessel, the law enforcement official would explain to the detainee the maximum length of time that is anticipated will elapse before the person is brought to shore, and they will be reminded that the caution given to them at arrest continues to apply while they are detained. As for the welfare of the individual concerned, the code ensures that the detainees are told how long they are likely to be held before arriving at the police station or other authorised place of detention and are provided with a summary of their rights.
I think that is it. I do not have the answer to the question about rank of officer, but I will get it for the noble Lord.
I was pleased to hear that this applies to all potential infringement of legislation, as we heard when we had a meeting outside the Chamber. The issue is that I do not know whether guidance will be issued for when a ship is boarded on matters such as the rates of national minimum wage paid there. Are those issues that the officers boarding the vessel will look at? Obviously, an HMRC national minimum wage officer would look at that, but they have not got these powers. Can the noble Baroness say now that the police or other officials boarding a ship would have it in the back of their mind that these are issues they should be looking at as well?
I do not disagree with the noble Lord. Perhaps I should write to him with greater detail, and obviously if necessary we can meet up.
(6 years, 10 months ago)
Lords ChamberThat the draft Regulations laid before the House on 7 December 2017 be approved.
Relevant document: 14th Report from the Secondary Legislation Scrutiny Committee
My Lords, in bringing forward this secondary legislation the Government are seeking to extend the scope of the national transfer scheme for unaccompanied asylum-seeking children to Wales, Scotland and Northern Ireland. The scheme, which the Government launched on 1 July 2016, makes it easier for local authorities to transfer legal responsibility for unaccompanied asylum-seeking children to another participating local authority. The scheme is designed to encourage a fairer distribution of unaccompanied children in local authorities across the UK so that a small number of local authorities are no longer asked to look after a disproportionate number of unaccompanied children and safeguard the best interests of the children concerned.
The national transfer scheme is underpinned by provisions in Part 5 of the Immigration Act 2016. Section 69 of the Act creates a mechanism in England to transfer the responsibility for caring for unaccompanied children from one local authority to another. Section 70 enables the Secretary of State to direct local authorities to provide information about their support to children in their care. Section 71 enables the Secretary of State to direct a local authority that refuses to comply with a request to accept an unaccompanied asylum-seeking child, with written reasons explaining its refusal. Finally, Section 72 enables the Secretary of State to require local authorities to co-operate in the transfer of unaccompanied children from one local authority to another.
These provisions currently apply only to English local authorities. This has meant that local authorities in Wales and Scotland and health and social care trusts in Northern Ireland have not participated in the scheme so far. In extending the scope of the transfer provisions in the Act, this statutory instrument provides the legal framework for local authorities in Wales, Scotland and Northern Ireland to accept transfers under the scheme.
I want to make it clear that the national transfer scheme was designed as a voluntary scheme and we hope that local authorities in Scotland and Wales and health and social care trusts in Northern Ireland will feel able to participate. My officials have worked closely with their counterparts in the devolved Administrations and the local government associations in Scotland and Wales to take account of the unique circumstances in each nation.
As I have already mentioned, there are provisions in the Act for the Secretary of State to mandate the scheme. The Government want the scheme to remain a collaborative effort between central, local and devolved government, and it is in that vein that we have worked with partners across the UK to develop proposals to extend the scheme.
The national transfer scheme has made significant progress since it was launched in July 2016, and we are grateful for the support provided by local authorities that are looking after unaccompanied children. Up to the end of September 2017, 555 unaccompanied children had successfully been transferred. That is a significant achievement but obviously there is more to do. There are still more than 4,500 unaccompanied children in English local authorities, and a handful of local authorities continue to look after a disproportionate number. If we are to achieve a fairer distribution of caring responsibilities across the UK, we need local authorities from all parts of the UK to be able to participate in the scheme so that all children can be afforded the best possible care and support.
We know there is support for the national transfer scheme across the country. That is why it is so important for this legislation to come into force: so that we can build on the excellent work of local authorities in every part of the UK in caring for asylum-seeking and refugee children, and ensure that the national transfer scheme is truly national. I beg to move.
My Lords, we on these Benches support the national transfer scheme. We believe it is only fair that it should be extended, preferably on a voluntary basis, to the devolved Administrations, particularly since they have been widely consulted. We thank and congratulate those local authorities that have accepted children. Often it is a significant burden, particularly to certain local authorities because of their geographical location, so it is only right that the burden should be spread.
However, I have some questions. How many unaccompanied asylum-seeking children have already been received by the devolved Administrations under the voluntary scheme? What representations have been received from the devolved Administrations about the adequacy of the financial support available to them? How well are families who look after asylum-seeking children supported? There are considerable language and cultural issues with which they need support.
What about the social workers and, preferably, guardians who are needed to steer the children through the process of giving statements to solicitors and to the Home Office? They need advice on the meaning of, for example, “leave until 17 and a half”, which actually means the refusal of an asylum application although it does not sound like it. They need proper professional advice. Lastly, under the present circumstances, what will be the effect on these regulations, if any, of the lack of a power-sharing Administration in Northern Ireland?
My Lords, I am happy to support the regulation before the House and declare an interest as a local councillor in the London Borough of Lewisham and a vice-president of the Local Government Association.
I first pay tribute to Kent County Council, members and staff, who have for many years worked very hard to deal with the issue of asylum seekers, particularly vulnerable unaccompanied children. Kent’s proximity to France and mainland Europe, and its ports of Dover, Folkestone, Ramsgate and other ports and harbours has meant that it has had to carry a heavy load. We are very grateful for that, as we are to all the other local authorities that have taken unaccompanied children in recent times.
All of local government should play a full role in looking after children fleeing conflict and there is no excuse for any local authority not to do so. So I welcome the Government taking these powers. It is right that they should be extended UK-wide, as this is a national response to a human tragedy. I hope it will not be necessary to use these powers as I hope every local authority in the UK will be willing to step up and play its part.
That is not to say that I do not have some criticism of the Government’s handling of the child refugee crisis. Despite votes being won in this House, pledges given and legislation amended, the Government’s response can sometimes be seen as mean-spirited in respect of children, and that is a matter of much regret. More should and could be done to protect vulnerable children who are fleeing persecution. We could take more children if we were minded to do so.
That means not only children in northern France but those in Italy and Greece who are also vulnerable. My noble friend Lord McConnell could not be here. He had another engagement and could not wait, as business has gone on a bit longer than we thought it would today. I know that he had some positive discussions with officials from the noble Baroness’s department. He was going to raise the issue of discussions between Ministers in the UK Government and Ministers in the Scottish Government, and whether there had been correspondence between them. If so, could that correspondence be published?
The noble Baroness, Lady Walmsley, and my noble friend Lord Dubs raised important points, and I look forward to the response to them. Having said that, I support the instrument and think it is a positive step forward.
I thank all noble Lords who have spoken on this statutory instrument. The noble Baroness, Lady Walmsley, asked about the numbers in the devolved authorities. According to our management information, at the end of July 2017 there were 124 unaccompanied asylum-seeking children in the care of Scottish local authorities, the majority of whom are in the care of one Scottish local authority—Glasgow—while Edinburgh has 22. According again to our internal management information, at the end of July 2017, there were 55 unaccompanied asylum-seeking children in the care of Welsh local authorities.
The noble Baroness asked whether the number of children being transferred would be affected by the power-sharing agreement. I do not think so. Power sharing is a huge matter, but in Northern Ireland it is power sharing that has been argued over, not this issue. On the same note, the noble Lord, Lord Dubs, asked why some children went to Scotland even though the secondary legislation is not in place. There was never any reason why they could not go to devolved authorities. Some went directly from countries abroad and never came into England; they went directly to Scotland, and to Wales, I think. The noble Lord asked why we have not brought this instrument forward sooner, but it is for that very reason. It could always have happened, but the devolved Administrations were unsure of their position. In many ways, this clarifies the position and puts it beyond doubt.
The noble Baroness, Lady Walmsley, talked about funding for local authorities, which is a very important point. It has been a key concern raised by local authorities and local government partners. To coincide with the launch of the NTS in July 2016, the Government significantly increased the funding they provide to local authorities for unaccompanied children below the age of 16. We increased it by 20% so that local authorities now receive over £41,000 a year. For those aged 16 and 17, who account for more than 60% of newly arrived unaccompanied children, we increased the funding by 28% so that local authorities receive £33,215 per annum. In addition, we increased the funding we provide to local authorities for former unaccompanied children who go on to attract leaving-care support by 33%. Local authorities now receive £200 per week.
The noble Baroness, Lady Walmsley, asked about social workers and guardians. The Home Office and the Department for Education have been working closely with local government’s Association of Directors of Children’s Services to ensure that guidance is available to local authorities on immigration outcomes. All unaccompanied asylum-seeking children are referred to the Refugee Council’s children’s panel and are entitled to legal advice.
Further to the point made by the noble Lord, Lord Dubs, about bringing forward secondary legislation, we are looking for parliamentary time to allow it. He also asked whether we would consult the Scottish and Welsh Governments and the Northern Ireland Executive. As the noble Lord knows, we consulted the devolved Administrations in developing these regulations and will continue to do so. In operating the scheme, we will work very closely with regional strategic migration partnerships in the devolved Administrations with a view to identifying suitable placements. I hope that I have answered the noble Lord’s questions.
(6 years, 10 months ago)
Lords ChamberTo ask Her Majesty’s Government what measures they are taking to encourage women to stand for political and public office.
My Lords, this year marks a century since women have been able to stand as parliamentary candidates and the Government will mark 2018 with grants to initiatives that encourage women to participate in democratic life via the centenary fund. We are also commissioning evidence to understand how to remove the barriers to participation.
I thank the Minister for her reply. As she said, it is the centenary of some women getting the vote. During the past 100 years, 489 women have been elected to the House of Commons as opposed to 4,801 men. The United Kingdom ranks at just 39th globally for women’s representation in Parliament. Does the Minister agree that our elected institutions should look like the people they represent? To achieve this, will she take the advice of the Women and Equalities Committee that the Government should set a domestic target of 45% representation of women in Parliament and in local government by 2030 in response to indicator 5.5 of the United Nations sustainable development goals, because the present situation really needs to be improved?
I wholeheartedly agree with the noble Baroness that Parliament should look like the people it represents and is legislating for, and as she says, a 50:50 Parliament is long overdue. That is why we will be consulting parties and producing evidence on a range of approaches that can help us to increase the number of women who stand as candidates. Initiatives such as #AskHerToStand and Vote 100 are ongoing to improve representation.
My Lords, I congratulate my noble friend on the work that the Government are doing. Will she ensure that the spirit of the suffragettes lives on by ensuring that the names of Emmeline Pankhurst and Emily Wilding Davison, who spent a night in the cupboard to ensure that she would appear on the census, will be remembered forcefully this year?
My noble friend has asked a pertinent question because certainly in my home city of Manchester there will be a statue of Emmeline Pankhurst, and here in Parliament a statue to celebrate Millicent Fawcett. In addition there are all sorts of initiatives and projects going on.
My Lords, 100 years on, 32% of MPs and 33% of councillors are women. If we compare ourselves with comparable OECD countries, such as Sweden, Denmark, Iceland and others, we see that they do far better, but it is no coincidence that they also have cheaper, more affordable and more accessible childcare. The noble Baroness mentioned barriers that will be looked at. Will she say what is being done to address those barriers, to make sure that women will not be prohibited from engaging in public life because they simply cannot afford childcare?
A few years ago, parliamentary hours were made more sociable—not that we can always say that they are terribly sociable—but I agree with the noble Baroness about childcare. We have a nursery here in Parliament, but childcare generally will be looked at to encourage women to come forward and participate in public life.
My Lords, what are the Government doing to accommodate Muslim women, who have particular, very different needs from women in general, to participate?
My Lords, we want to make this Parliament one that is open and accessible to women no matter what their race, religion or background. Muslim women should be no different in that context. I hope that women, no matter what their background, will feel that Parliament is open for them. Of course, in our demographic we represent what people, particularly women, might aspire to.
My Lords, about a century ago the suffragette Hannah Mitchell said that we women fight with one hand tied behind us. We still do, because she was referring not just to childcare but to the care of older people, the responsibility for domestic housework and so forth, responsibilities that do not affect men’s ability to take part in political and public life. What are the Government doing to help make the sharing of care between men and women more equal?
I think that the sharing of care has become more equal, but perhaps not as equal as many would wish it to be. As I said at the beginning, the GEO is commissioning a wide-ranging evidence review that will encompass the range of approaches that will be taken, both internationally—the noble Baroness, Lady Hussein-Ece, mentioned Sweden—and here at home to provide political parties with a variety of solutions that they can draw on. The noble Baroness, Lady Lister, is absolutely right to raise that flag of women being less likely to participate in public life, particularly in Parliament. It is more difficult to get women to stand as candidates in elections and we need to change that.
My Lords, the Committee on Standards in Public Life’s recent report highlighted the fact that women candidates, and disproportionately Conservative women candidates, received intimidation and abuse, which is obviously a deterrent to their coming forward. The Conservative Party has now put together a code of conduct based on responsible behaviour and showing respect. Is my noble friend aware of whether any of the other political parties are planning to make the same pledge?
I certainly know that there is a cross-party working group, chaired by the Leader of the House of Commons, which is developing an independent complaints and grievance procedure. I cannot answer for other political parties but I am pleased to say that I have seen and signed the code of conduct. I think it is absolutely right. I cannot believe that standards of conduct on this Estate were not in the Ministerial Code before now but they now are—writ large.
My Lords, will the Government consider extending the Sex Discrimination (Election Candidates) Act beyond the present term for which it is enforced to allow political parties to have women-only shortlists?
My Lords, positive discrimination in that sense is something that the Conservative Party has not subscribed to. I hope, though, that political parties will see that if they do not have diverse representation they are far less likely to appeal to the public at large—who elect them.
(6 years, 10 months ago)
Lords ChamberTo ask Her Majesty’s Government what action they are taking to ensure that all police forces in England and Wales implement fully and consistently “Clare’s Law” on the right of a member of the public to request background checks on their partners in relation to domestic abuse.
My Lords, HMICFRS’s latest report, published last year, highlighted improvements in the police response to domestic abuse and identified continuing challenges, including variable use of the domestic violence disclosure scheme, also known as Clare’s law. The Home Secretary is driving improvements in the police response by ensuring that police leaders take action on HMICFRS’s findings by chairing a national oversight group. The Government will also publish a draft domestic abuse Bill to drive a transformation in how all agencies, including the police, respond to domestic abuse to afford better protection to victims and bring perpetrators to justice.
My Lords, I thank the Minister for her reply, but is she aware that when Clare’s law was introduced in 2014 it was regarded as a potential life saver but it is not working as intended? It depends on what part of the country one lives, as disclosure rates vary enormously. It is patchy, to say the least, and this is just not good enough. Many police forces are just not promoting and advertising Clare’s law. If they did, it could not only save lives but offer protection against domestic abuse. Will the Minister agree to look at this matter to find out why the law is not working as intended and report her findings back to your Lordships’ House? I really hope that she will not find that it is as a result of cuts in the police service. Some people working in the police service are saying that they do not have the resources to do this work.
The noble Baroness highlights an important point. She is absolutely right to raise it and that is why, in my initial Answer, I said that the Home Secretary sees this as so important that she chairs the oversight group to review the progress being made in this area. The noble Baroness is right that we need consistency across police forces in tackling this issue. The new licence to practise will ensure that police officers have the skills they need to tackle this type of abuse—something they have perhaps not been sufficiently trained in previously.
My Lords, the implementation of Clare’s law in this country is a postcode lottery, as the noble Baroness pointed out. This is totally unacceptable when two women a week are killed by their partners or ex-partners. What is being done to ensure that the public always receive an answer to their requests, and to make them aware of Clare’s law and their right to make such a request?
I think my Answer to the noble Baroness, Lady Gale, answered that question, but the noble Baroness is absolutely right to point out that unless victims of domestic violence know of the existence of both the right to know, from the victim’s point of view, and the right to ask, the system will not work properly. The guidance to police has recently been updated to clarify what the police’s powers of disclosure actually are.
My Lords, does the Minister recall that Her Majesty’s Inspectorate recently published a report on the failure of the Metropolitan Police to respond appropriately to a very large number of cases in which children were seriously at risk? I assume that some of these children were the kind of children we are talking about this morning. Can she say what action is being taken?
The noble Lord is absolutely right to raise this point because, of course, the effect on children of even one incident of domestic violence can be lifelong and change their whole psyche. That is why the new domestic abuse Bill will look not only at victims of domestic violence, but at the effect domestic violence has on children.
My Lords, the Minister will know that in the last month we have seen the sentencing of a man who killed his third partner. He threw his first partner off a veranda on the ninth floor of a multi-storey building. He pleaded guilty on the grounds of provocation, was sentenced and released after nine years. He killed a second partner and invoked diminished responsibility manslaughter, and was placed in a secure hospital from which he was released after two years. He was thirdly convicted of attacking a partner with a claw hammer and then strangling her with the cord of a dressing gown. How can it be that someone is released after two years in a secure hospital and there been no oversight of his position in society?
At the moment there are requirements—often made by judges—that such people notify the police if they enter into new relationships. That involves self-referral. It is rather a silly idea that someone is going to notify the police when they embark on another relationship. Such oversight is essential, particularly in the circumstances of homicide and particularly given, as the noble Baroness mentioned, that two women a week are killed by their partners. The majority of deaths of women are at the hands of partners. Are we going to have an integrated system to make sure that there is oversight, particularly in homicide cases?
There are several questions there but I shall attempt to answer them all. The noble Baroness is absolutely right to highlight the issue of multiple instances of domestic violence, where the perpetrator may go on to commit still more violence against women. The domestic abuse Bill will certainly look at sentencing. There is also the whole issue of the right not only to know but to ask. It is incumbent on the police to deliver the right to know. That is why the Government have placed such emphasis on domestic violence and how it affects all sections of society. It affects health, particularly mental health, and we are absolutely determined to tackle it. The noble Baroness is not wrong in saying that we need to tackle it from both a legislative and a non-legislative point of view, and that is precisely what we are doing.
(9 years, 9 months ago)
Lords ChamberI do not know on what amendment I am going to make this speech if I do not make it on this one. But I do take the point, and I am extremely grateful for the intervention.
My Lords, perhaps I may just ask noble Lords, if they would not mind, to stick to the amendment in a general sense.