Child Sexual Exploitation and Abuse

Debate between Lord Hanson of Flint and Baroness Brinton

Monday 20th January 2025 Lords Chamber

[Baroness Brinton (LD)]

My Lords, from these Benches, I pay tribute to the victims of child sexual exploitation who, for too long, have been treated as miscreants themselves, including by police and social workers, thus repeating their victimisation. Their bravery in continuing their fight over many years of not being listened to is quite extraordinary.

My first question is about them. What support and recompense will the Government provide for these victims? While it is good that the Government have accepted all the IICSA recommendations, the Statement says that the Government will lay out a timetable for taking forward these recommendations before Easter. A timetable is welcome, but does the Minister actually have any idea of timescales for the possible start and finish for the discussion, consultation and implementation of these recommendations? I ask this with experience of speaking on many of the other inquiries and recommendations, and know how easily things can get bogged down in paperwork, to put it politely.

The Home Secretary said that there will be

“new action to help victims get more investigations and prosecutions”.

However, I cannot get the answer to my question of why the Victims and Prisoners Act 2024, which incorporates an enormous amount of legislation to support victims, has not yet been commenced, other than for the Infected Blood Compensation Authority.

The HMICFRS inspection on police and law enforcement bodies’ response to group-based child sexual exploitation in England and Wales, published in December 2023, made nine recommendations. Can the Minister say how many have now been fully implemented by government? It is not clear whether the previous Government had accepted them in full, let alone implemented them. I realise that three have not quite reached the deadline by which that should have been done—only one of those goes beyond March this year—but that leaves six where the deadline has now passed. If the Minister cannot answer that question now, I would be grateful if he could write to me.

It is encouraging that the Government want to do a rapid audit of the current scale and nature of gang-based exploitation, but can he say what “rapid” means, not least as the noble Baroness, Lady Casey, has other roles to fulfil? Will her taking up this role slow down the other important work that she is doing?

It is also encouraging that the Government will start collecting better data and evidence. One of the problems here is that a lot of the evidence has never been collected. Can the Minister say whether they will review the various local inquiries—Oldham, Rotherham, Telford and other towns? I have raised this with him before, and I got a positive response, but it would be useful if the Government could lay out all the various inquiries that have happened so that it is possible for their information to be included; otherwise, we may miss some important things.

It is good news that Tom Crowther KC has been appointed to develop a new framework for victim-centred locally led inquiries. The Statement mentions the drawing up of a duty of candour. We on these Benches have stood alongside Labour when it has raised this is the past. Can the Minister give your Lordships’ House some idea about when this might be published? There is clearly an urgent need for it.

I end by expressing my disappointment at the contribution made by the noble Lord, Lord Davies of Gower. He talked about the national emergency, but his Government did not accept all the recommendations made by Alexis Jay, it is not clear whether they have implemented the recommendations from HMI, and, more importantly, his Government did nothing to start to implement those that his party now says should have been implemented.

[Lord Hanson of Flint (Lab)]

I am grateful for both Front-Bench contributions. I say at the outset that I am disappointed by the tone of the first few words spoken by the noble Lord, Lord Davies of Gower. He seems to imply that this problem occurs only in authorities that have Labour control. If he thinks that is the case, he is sadly misguided. When he reads back what he has said today, I think the tone of his contribution is one that he will think about, reflect upon and regret.

I am trying to look at a programme of activity to ensure that we stop the vile crime of child abuse, that we respond to the reports that have been published already, and that we put a detailed programme in place to affect change. I am disappointed by the way that the noble Lord has approached this. If he wants to politicise things, let us politicise the Alexis Jay report, rightly commissioned by the noble Baroness, Lady May, when she was in the House of Commons. It took seven years to achieve its objectives and produce recommendations, which were given to the previous Government in May 2023. By 4 July 2024, not one single action in the recommendations had been started, never mind completed. So if the noble Lord wants to politicise this matter, I will certainly politicise it, but I appeal to all Members of this House to focus on the real issue: child abuse and prevention of that child abuse.

That is why I will focus on the contribution made by the noble Baroness, Lady Brinton. I can tell her that there will be a clear timetable. There will be a clear programme of activity. We have said that, unlike the previous Government, we will respond to all 20 IICSA recommendations by Easter of this year. We have already put in place three recommendations announced recently by my right honourable friend the Home Secretary in the House of Commons. Those three steps include: mandatory reporting, which we debated in depth on Friday; making grooming an aggravated factor, which I know the noble Baroness will welcome; and introducing police performance frameworks, which again I know the noble Baroness will welcome.

The noble Baroness asked about the Victims and Prisoners Act. I have consulted my noble friend Lord Ponsonby, the Justice Minister, and we are working on that; we will bring forward proposals to implement that in due course.

The noble Baroness asked about deadlines, the Casey report and our response. The noble Baroness, Lady Casey, has been commissioned to do a short report for three months to take us up to April. She does not commence the longer-term work on other departments’ activities until April this year. The three-month audit is about looking at the issues, which are important in all local authorities, of the ethnicity of people who are committing child abuse, what preparation is available and what support is on hand.

The noble Baroness, Lady Brinton, asked about all inquiries. She knows that I have given a commitment before that we need to look at the lessons from all inquiries, but I say to all Members of this House that we have laid out a clear timetable for implementing the IICSA recommendations; we have appointed the noble Baroness, Lady Casey, to improve the understanding of the scale and nature; we have extended the remit of the IICSA report to look at other areas now; we have given support to the National Police Chiefs’ Council to look at further action that could be taken on historic child sex abuse reviews; we have put finance in of £5 million, not just with Tom Crowther but with others, to look at local inquiries; we have put an undercover online help and support line in place; we have included the three mandatory duties; and we will be taking measures on the Online Safety Act, which will come into effect next year, to make sure that we tackle child sexual abuse, which very often is now on the dark web and online.

I offer the noble Lord the hand of friendship and ask him not to politicise this in the way that he has and to look at the positives that have been done.

Child Sexual Abuse Inquiry: Recommendations

Debate between Lord Hanson of Flint and Baroness Brinton

Wednesday 8th January 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I will certainly answer the noble Lord on those points. First and foremost, the report that was managed by Alexis Jay, and set up by the noble Baroness, Lady May of Maidenhead, in 2015, has produced a large number of recommendations to government, which were published in 2022. The then Government, of which he was a supporter, responded to those recommendations in May 2023 and took no real action between May 2023 and when we took office in July at the general election.

We intend to take forward those recommendations, and my right honourable friend the Home Secretary announced on Monday three specific measures: first, a mandatory reporting recommendation, as in the report; secondly, a report to ensure that we have an aggravated offence for people involved in grooming; thirdly, that we will take action on child sexual abuse online. Those are three important issues. A further inquiry would not necessarily add anything to what Alexis Jay has done. There are independent local inquiries, which we have supported and allowed to continue, and that is fine. But what we are really interested in is putting in place the action on the recommendations made to date, which is what my right honourable friend the Home Secretary said she would do and what the focus of this Government is going to be.

[Baroness Brinton (LD)]

My Lords, one of the IICSA recommendations was on providing a mandatory aggravating factor in sentencing where a child was exploited—that is, controlled, coerced, manipulated or deceived into sexual activity—by two or more people. Does the Minister agree with the last Conservative Government’s response that this was unnecessary, or with the current Conservative spokespeople, who seem to have changed their minds?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness, Lady Brinton. To be honest, what the previous Government and their current Front Bench say on those matters is for them. What this Government are about is implementing action. On the issue of an aggravated offence, on Monday this week, in the House of Commons, my right honourable friend said that there would be an aggravated offence for people who were involved in grooming, child sex and organising child sex gangs. That will be brought forward in the police and crime Bill later in this Session. It will do the job—and whatever the current Opposition do is a matter for them.

Child Sexual Exploitation and Abuse

Debate between Lord Hanson of Flint and Baroness Brinton

Wednesday 8th January 2025 Lords Chamber

[Baroness Brinton (LD)]

I thank the Minister for the Statement. From these Benches I also thank the Government for the progress that is finally being made on the acceptance of the recommendations from the Independent Inquiry into Child Sexual Abuse. The victims—not just victims of criminal exploitation and grooming in gangs but all the victims covered in IICSA—were ignored at every level for far too many years, except by a small number of people, including women and including Jess Phillips, now a Minister, whose work has been absolutely outstanding in this area. Even so, it has taken us many years to get to this point where we can actually formally move forward. We can move forward, but many of the victims’ lives are still affected—not just then but now—and many are feeling victimised again because of the debate currently going on in the wider world.

The noble Lord, Lord Davies of Gower, asked again for a new inquiry—I recognise that he and his colleagues are doing that. I sat in this Chamber on 24 October 2022 when the noble Lord, Lord Sharpe of Epsom, was the Minister responding to the publication of the report. The words the Government said at that point led one to believe that things would move ahead with speed and that most, if not all, of the recommendations would be accepted and implemented at speed. That has not been the case. It may be only two years on, but it has been very slow. The only recommendation that I think has been implemented is on the toolkit, which is a helpful practical tool—but none the less it is not enough.

From these Benches I wonder whether, given the tone of the debate at the moment, it would be helpful for the Government to publish a list of all the inquiries that have happened, not just IICSA but also in relation to children being groomed in towns and cities around the country, as well as the inquiries that the inspectorate of policing has held—at least two—along with links to them so that we, the public, can check them, in addition to the recommendations and action plans. Some of those were published some years ago—Telford in particular—and it might be helpful if the Government could have a brief look at the reviews of those action plans, ask people involved in them to mark progress, and re-energise those issues that require more work. Are the Government planning such a move? It might be salutary, not just for the Government but for everyone.

During Questions earlier today I spoke about one of the issues I was utterly confused about: the IICSA recommendation on providing mandatory aggravating factor sentencing when a child was exploited—that is, controlled, coerced, manipulated or pushed into sexual activity by two or more people. That is exactly the territory of the gangs that we have been hearing about in the past few days. I am concerned that the written response from the previous Government was very clear that it absolutely did not need to happen—they absolutely refused to do it. Yet now they are saying that it must be done. In fact, Robert Jenrick MP has gone further and said there should be a mandatory life sentence, which is a bit of a jump from an aggravating factor in sentencing. I hope the Government move speedily ahead with the aggravating factor in sentencing, because that will send a very clear message about the unacceptability of this sort of crime by the communities. The focus that many of us have also had is not on the perpetrators but on the failure of the public services, which is why I am particularly keen to see whether there is any further information from the inspectorate of policing on the recommendations it has made to see whether they have been picked up in further inspections.

Many noble Lords will know that I have a particular interest, as does my noble friend Lady Walmsley, in mandatory reporting. Recommendation 13 in IICSA on mandatory reporting was not the standard mandatory reporting style that has been accepted by scores of countries, including some states in America, Canada and Australia, where it has worked extremely well.

The most important thing about this model of mandatory reporting that has been adopted abroad is that it entirely changes the culture in every organisation working with children to think safeguarding because it is safe to report it, and it is only ever used as a criminal response where there has been deliberate negligence by somebody not to report. Interestingly, it has also changed the methods of training on safeguarding for people who need it. I hope that the Government will consider the Private Member’s Bill from the noble Baroness, Lady Grey-Thompson, which has its Second Reading a week on Friday, because it reflects the international model of mandatory reporting. I highly commend that to the Government.

In summary, I hope that the Government will be able to give us a timetable on which of the recommendations might take slightly longer to implement than others. The Minister may be able to give us an indication today. He made a reference in the Question earlier today about concerns expressed by another noble Lord on the lack of recompense. Can he outline the current thoughts on the timescale for that recompense to be available to victims?

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I am grateful for the two contributions from the noble Lord, Lord Davies of Gower, and the noble Baroness, Lady Brinton. I start by simply echoing what the noble Lord and, by implication, the noble Baroness, said: child sexual abuse and exploitation are the most vile and horrific crimes and include rape, violence, coercive control, intimidation, manipulation and deep, long-term harm. It is our duty in this House and Parliament as a whole, and as a Government, to make sure that we take steps to eradicate that abuse and ensure that those who commit it face the full force of the law.

The noble Lord, Lord Davies, asked why the Government have not commissioned a national inquiry. I understand where he is coming from and the reasons why he is asking for that. I simply say that I hope he can recognise that, in one way, we have had a national inquiry already. I pay tribute to the noble Baroness, Lady May of Maidenhead, who, as Home Secretary, established in 2015 the inquiry that has produced recommendations under Alexis Jay, to whom I also pay tribute. It has set a framework for action in this Parliament and beyond to deal with this issue of child sexual abuse as a whole.

The noble Baroness, Lady May, commissioned the inquiry in 2015; it took seven years and an extraordinary amount of witness presentation and examination of issues, looking also at all the wider inquiries that the noble Baroness, Lady Brinton, mentioned. It produced a series of recommendations, which were delivered to the noble Lord’s Government in 2022. His Government responded to those in early 2023, and he will know that the general election took place in July 2024. When we entered office, progress and delivery on the recommendations were very scant. I say that not as a point of political argy-bargy but in recognition of the fact that we are now trying to lift those recommendations and put them into practice to meet the objectives set by the original commission by the noble Baroness, Lady May.

As my right honourable friend the Home Secretary said earlier this week in the House of Commons, we will, as a starting point, undertake the first three major items. The first is a mandatory reporting mechanism, which means that any individual who has child abuse reported to them, either by a child or indeed a perpetrator, has a statutory duty to report that for investigation by the police and criminal justice agencies. That is an important first step to commit to. The second important step is on legislating to provide an aggravating factor in sentencing. That means that if a leader of a gang and an accomplice is doing this, they know that they will face not just a charge on the criminal offence that they have undertaken but an aggravated offence of the sexual grooming of a child. The third element that my right honourable friend the Home Secretary brought forward is the question of cracking down online, because child sexual abuse has evolved and will evolve, there is a large online presence and we need to look at the mechanisms for that, including artificial intelligence and grooming online. My right honourable friend the Home Secretary has said that those three issues—mandating, aggravating factors and online abuse—are serious issues.

Again, we could have a national inquiry. It might well take four or five years and might well cover the same ground as the inquiry commissioned by the noble Baroness, Lady May. What we are interested in is action on the issues that are brought forward, and we will look at the remainder of the recommendations over time to see whether we can bring some energy and action to them, including many of the issues that have been mentioned. That includes the issue of compensation for victims, because victims deserve compensation, but, again, that is a complex, difficult issue to work through.

The noble Baroness, Lady Brinton, has helpfully supported the Government’s approach to date and raised a number of key issues which I hope I can address. First, I say to her that I really welcome her support for my colleague Jess Phillips, the Minister responsible for safeguarding of children. She has had a lifelong commitment to tackling child abuse and a lifelong commitment to supporting victims of domestic violence, and she now has the ability, as a Minister, to put some of those lifelong convictions into real government action. She is doing that, and therefore the criticisms that have come her way in the last few days are unfair. She has already been working with my right honourable friend the Home Secretary on the issues that we brought forward on Monday to ensure that we put in the public domain this Government’s commitment to tackling those issues.

The noble Baroness, Lady Brinton, made some very helpful suggestions about potentially collecting the elements of the reporting mechanisms and inquiries that have taken place. Telford has taken place; the Mayor of Manchester is undertaking inquiries; there are police inquiries; there is the inquiry I mentioned that has been commissioned. Hers is a helpful suggestion, and I will take it back and discuss it with my colleagues accordingly.

The noble Baroness also mentioned the Second Reading of the Bill of the noble Baroness, Lady Grey- Thompson, a week on Friday, to which I will be responding. I will be meeting the noble Baroness, Lady Grey-Thompson, and Jess Phillips next week to discuss the contents of the Bill. I have to say that my initial assessment is that the Bill is similar to what the Government will bring forward and therefore it may well be better to ensure that we have a Government-tested Bill downstream, but the principle of the Bill is one that we accept, and it is an important issue.

The noble Baroness, Lady Brinton, also mentioned the issue of wider government action. One reason that we announced the three particular policy issues is because some of the other 16 or 17 policy issues require a wider government consideration and response, and it is important that we get that right over time. That is one of the reasons we will consider the recommendations in due course.

The noble Baroness asked about timetables. I would love to be able to give them to her, but it is important that we do this right and I do not want to hoist ourselves by our own petard by setting a timescale that does not meet the objective of doing this right and responding in the right way. We have a commitment to secure compensation, and we will commit to review all the recommendations over and above the ones we have made. Again, my right honourable friend the Home Secretary will report back to the House of Commons, and I will report back to this House, in due course on those matters.

I hope that those issues are ones on which we can have some co-operation and agreement. We have a disagreement on a national inquiry; that will pass this week. That political discussion and cloud will blow over. What will be left, however, are serious recommendations from a serious report that took seven years in the making and that demands responses with the consideration of time. That is the Government’s main focus: we will bring back proposals in legislation in this Session and will report back on other proposals in due course. I hope I will have the co-operation and support of both Front Bench spokespeople when those moments arrive.

Windrush Compensation Scheme

Debate between Lord Hanson of Flint and Baroness Brinton

Thursday 19th December 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

I will certainly do that and take that back to pass on to my Cabinet Office colleagues. One of the reasons why the new Government introduced the single named caseworker was in direct response to the type of criticism that the noble Baroness, Lady Benjamin, has brought forward. We hope that it will streamline the process, improve consistency, increase transparency and remove the duplication, because those are the factors that have led to delay. If there is good practice from the Post Office and infected blood compensation schemes, and/or vice versa from this, the Government should self-evidently adopt it and make sure that victims get the justice they deserve at the time they deserve it.

[Baroness Brinton (LD)]

My Lords, I am very grateful that the Minister just referred to the two other schemes that are ongoing at the moment, but victims of those schemes are saying that it is not just about the speed but about the very intrusive and traumatic questions they are being asked, and delay is coming in. Can the Minister ensure that, following the Home Secretary’s reintroduction of the Windrush unit in the Home Office, we will not again see cases like that of Dijoun Jhagroo-Bryan? He is the son of a Windrush victim and submitted paperwork, but the Home Office unit demanded that he also supply a DNA test to prove that he was his father’s son. Some months later, that has now been rescinded, but will the Minister guarantee that this sort of behaviour will never happen again?

[Lord Hanson of Flint (Lab)]

If the individual mentioned has had that level of distress, I will apologise from the Dispatch Box for the intrusion into their private life and for the justification for a scheme for which there should have been automatic qualification. The purpose of the Windrush unit—it was disbanded but has been re-established by this new Government—is to tackle the very issues that the noble Baronesses, Lady Benjamin, Lady Brinton and Lady Berridge, and my noble friend Lord Davies of Brixton mentioned. I will take those factors back and we will resolve them. I hope that this House can accept that this Government are committed to putting energy into the scheme, which we will deliver as quickly as possible, and that we will announce a Windrush commissioner shortly. That is a solid manifesto commitment, not just a whim from the Dispatch Box.

Tackling Stalking

Debate between Lord Hanson of Flint and Baroness Brinton

Thursday 5th December 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, it is a very old declaration of interest, but I was a member of the independent parliamentary inquiry on stalking, led by Elfyn Llwyd MP, which published its results in 2012 and led to the first change of legislation that identified stalking as a separate criminal offence, as opposed to it just being gathered in under harassment, as had happened before. I was also a victim of sustained stalking before the days of online stalking, over a period of two and a half years. Indeed, my noble friend Lady Thornhill was also in receipt of some of the very unpleasant attentions of this person.

The independent inquiry found that victims of stalking, whether domestic or not, had little confidence in the criminal justice system, from the way that police handled cases and helped victims and how the CPS frequently plea-bargained with perpetrators, resulting in a distinct lack of justice for egregious cases of stalking. I wish that I could say that this was history, but it is not. Nothing has changed in the cultural way that the entire criminal justice system deals with stalking. The law may have changed, but far too many stalking victims are still told that they should welcome the attention. Far too many find that their cases are plea-bargained away to harassment or some other minor offence and, as a result, that gives encouragement to the perpetrators. The reason that I mention this is that one of the things that was recognised was that many stalking cases involve perpetrators with fixated threats; they are manipulative people who have coercive-control behaviour, very deceitful behaviour and—most worryingly—with some perpetrators, a ratcheting-up of their illegal behaviour. Not enough is done to support victims of stalking.

In my particular case, it did not start with violence at all, but the reason why the police moved quickly at the end of a two and a half year period was because the perpetrator was using kitchen knives to slash tyres and their adviser said that, having done this to houses and damaged houses of the people he wanted to target, the next thing he would do after using these knives on inanimate objects would be to move to people. He was then swiftly arrested. Helpfully, he pleaded guilty and there has been nothing else since, but it was a pretty awful two and a half years.

This Statement focuses on the police response, where the Minister talks about those who have not been listened to or have even been told that they should have been flattered by the stalking actions. I welcome the fact that the Government recognise this, but the three issues that the Government are responding on—multi-agency statutory guidance on stalking, again; a review of stalking legislation, again; and publishing more data, again—are all welcome, but will not change things.

I pay particular tribute to Nicola Thorp. She is a brave woman, and we salute her, but she is one of many women who repeatedly have to tell their stories. Why, therefore, are false claims to families, friends and workplace victims able to be ignored when it comes to plea bargaining? I ask that, because these really manipulative stalkers do that. London’s victims’ commissioner, Claire Waxman, is herself a victim of stalking. Her perpetrator, whom she did not know, has been jailed seven times, and the behaviour continues. Once known, police can advise victims on how to protect themselves—for example, by installing alarms in their homes. If the individual who is being stalked recognises them, they can go to the police and say, “I’ve seen them in the vicinity of my house”. If they do not know who they are, how can they report when they are in danger?

I briefly mention one particular case where an ex-partner, who had continuously stalked his ex and her son, was given her new secret address by the children’s social worker, because he said he was so distraught at not being able to see his son. As a result of that action a handful of years ago, he broke into her new flat, threw his son against the wall and then raped the mother in front of the child. That is because the agencies did not know. It is fine to have victims informed, but can the Minister say whether other agencies involved in these cases will also know, so that that sort of mistake cannot be repeated?

Can the Minister also confirm, as has already been mentioned, that he will commit to requiring social media companies to publish reports setting out the actions that they have taken to address online abuse and stalking against women and girls? Will they be informed about these perpetrators who are repeat offenders? Social media companies will not pick it up on their own but, once they have a name and an IP address, which the police will have, it would be easy to do so.

I end by saying that I broadly welcome this Statement, as I think all victims of stalking do, but the biggest issue is how we can change the culture in the police and the criminal justice system. It is apparent that, 12 years since the new laws were introduced, it is the culture on the front line of the criminal justice system that needs to be changed.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I am grateful to His Majesty’s Opposition for their support for the measures and for the work that was done by the previous Government in highlighting and putting in place legislation that had Opposition support at the time to at least start to address this problem. I say to the noble Lord and to the noble Baroness, Lady Brinton, that I think the Government’s pledge, our manifesto commitment, to halve the level of violence against women and girls over a 10-year period will send a clear signal to both central government and external agencies that relate to government on this issue and many others that this is a really important issue that has to be addressed by the state and by other bodies involved in dealing with the state. I hope that will assure the noble Baroness that this issue is being raised in importance. With a target being set of halving of violence against women and girls, of which stalking forms part, that is a measurable impact that agencies, the police and others will need to respond to government on, and I hope that raises it as a whole.

I particularly welcome the mention by the noble Lord, Lord Davies, of Nicola Thorp and her work. It takes a great deal of bravery to come forward, and she has done that. He mentioned the co-operation between government departments. Certainly, the Ministry of Justice, the department of the Home Office that I represent, and the Department for Science, Innovation and Technology have a stake in improving the performance of the Government and agencies in this area.

One thing that came out of this Statement, which both noble Lords mentioned, is the multiagency guidance and the guidance to various agencies dealing with this, including government agencies that are responsible as arm’s-length bodies or agencies delivering for central government departments. I note that the noble Baroness, Lady Brinton, said “again”, but I say to her that there has not been any guidance given to date by government on a multiagency basis that is effective. This is the first time this has happened and, in the Statement, we have agreed to do that.

Cyberstalking is important and will be part of the assessment of the government response downstream. The noble Lord, Lord Davies, mentioned resources. We are in a very strange time, as the House will recognise, when we have not yet announced the police settlement for next year until December, we have not yet allocated resources for 2025-26 and we have not yet determined, with the Treasury, resources for 2026-29. These matters will come in due course, but we have not done that yet.

The issue of culture change, mentioned by the noble Baroness, Lady Brinton, is extremely important, as is putting victims at the heart of the response, which is why we refer not just to Nicola Thorp but to the work of the Suzy Lamplugh Trust and the way it has responded. The noble Baroness raised a number of issues relating to social media. That is equally important, but I say to all Members of this House that if they look at the Statement, the work on multiagency guidance will be brand-new and important. The review of legislation to see how we can improve many of the areas which both Front Bench spokespeople mentioned is important. The collection and publishing of data for the first time is important. The victim’s right to know, which the noble Baroness focused on, is extremely important, because once the victim knows, then steps can be taken and action monitored and individuals can respond to the agencies that I mentioned. That is in this proposed legislation the first time. The management of behaviour to tackle some of the long-term issues of low-level offenders, initially, who may raise the level of their game is equally important and is in for the first time. The stalking protection orders that we will put in place when parliamentary time allows are extremely important and will help prevent further engagement by stalkers when those are legislated. The national standards for examining how we can deal with individuals will raise the level of this issue and improve the performance of our agencies, which are all equally important.

Many of these matters that were announced in another place this week and are being repeated here today will require legislation in this or a later Session of Parliament, but I hope the Government’s intention is clear: we will not stand for stalking; we want to give victims protection; we want to improve the performance of the Government and their agencies in this area; and we want to ensure that there is a legal basis to give the type of protection that the noble Lord, Lord Davies, and the noble Baroness, Lady Brinton, both suggested. This will be an ongoing discussion as legislation comes before the House, and I look forward to both noble Lords contributing to helping improve the performance for victims and the prevention of this activity in the first place.

Immigration and Nationality (Fees) (Amendment) Order 2024

Debate between Lord Hanson of Flint and Baroness Brinton

Monday 11th November 2024 Grand Committee

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

My Lords, this order has been laid to introduce a power to charge a fee for UK visa qualification equivalency and English language proficiency assessment services, and to set the maximum fee that can be charged. For noble Lords’ benefit, I will provide some background to the fee structure we currently have in place. For the Home Office to charge for immigration and nationality functions, the Immigration Act 2014 requires that fees must be set in secondary legislation. The Immigration and Nationality (Fees) Order 2016, an amendment to which we are discussing, sets out the functions for which a fee can be charged and sets the maximum fee that can be charged. Fee levels are subsequently set in separate secondary legislation—the Immigration and Nationality (Fees) Regulations 2018—which is subject to parliamentary agreement through the negative procedure.

The fees for the services we are seeking to regulate are for assessments used on certain visa and nationality routes, including family, skilled worker, settlement, and student routes, where that route requires an applicant to demonstrate proficiency in the English language at a specified level or that they have gained a qualification that is equivalent to one obtained in the UK. There are a number of ways in which the English language proficiency test can be taken, using an academic qualification obtained in English and awarded by an educational establishment outside the United Kingdom.

Where an applicant is seeking to demonstrate that they have gained a qualification equivalent to one obtained in the UK, or their proficiency in the English language by using an academic qualification obtained outside the UK, these must be provided by Ecctis Ltd. Ecctis Ltd provides these services through a concession contract with the Home Office and has done so for over a decade.

It is important to be clear at this point that we are not introducing a new cost for applicants seeking to enter or remain in the UK: the requirement for applicants to use these services has existed for a number of years. Where a visa or nationality applicant uses the services provided by Ecctis, they apply through the website and pay an appropriate fee. The outcome of the assessment can take in the region of 10 working days for the English language assessment and around 30 working days for a qualification equivalency assessment. The maximum fee in this order for the qualification and English language proficiency assessment is set at £400. This will allow the Home Office to set fee levels later this year at the current levels, which are £140 for English language and £210 for the qualification equivalency assessment. By setting the maximum above this level, we have a reasonable degree of headroom to adjust fees if, for example, there is an increase in the cost of providing these services.

The Home Office is bringing this order forward today and legislation to regulate these fees now where they have already been charged and where the nature of the service itself, or the requirement in the Immigration Rules, have changed. This is due, again, to the department identifying, in the course of preparing for a reprocurement of the existing service earlier this year, that these fees should already have been regulated, due to the requirement to use the service in respect of applications on certain routes. Having identified this oversight, action was taken immediately to legislate at this earliest opportunity to ensure that the fees have an appropriate statutory footing, although this process was delayed, as indeed was the instrument we dealt with earlier, because of the general election in mid-2024.

Noble Lords will be aware that the Secondary Legislation Scrutiny Committee drew special attention to the Explanatory Memorandum that was published alongside this order, and produced a report on 10 October raising concerns that the Explanatory Memorandum did not provide a clear and open statement about why this instrument was brought forward. I fully appreciate the need for transparency. I recognise the committee’s view that further explanation of the context of this legislation was required, and my colleague the Minister for Migration and Citizenship sent a letter to the committee chair, the noble Lord, Lord Hunt of Wirral, on 15 October explaining in more detail why the order was brought forward now and the exploration of the possibility of pursuing retrospective legislation that would put fees paid to date on a statutory footing.

I am not yet able to confirm the specific approach to be taken on how we regulate those fees downstream and, given the uncertainty, it is not appropriate or helpful to go into further detail now. However, I emphasise that this department takes its responsibilities on parliamentary transparency seriously. I assure noble Lords that we are taking forward considerations in respect of previously charged fees as a priority and the intention of this order, subject to the approval of this House, is to lay an amendment to the Immigration and Nationality (Fees) Regulations in early December to set the fee levels that we have considered in the order today. I hope noble Lords will accept that we are trying to rectify an oversight that has crossed over from before the general election. We are regulating to close that loophole and I beg to move.

[Baroness Brinton (LD)]

My Lords, I cannot sit at the right desk, so I apologise for being in the wrong place.

I thank the Minister for explaining the reason for the order, although I think his description of “an oversight” for fees that have actually been charged illegally, because they were not approved by Parliament, is a bit of an understatement. I am also concerned that we still have no opportunity to see a new Explanatory Memorandum that sets out the record, but I will come back to that. I particularly thank the Secondary Legislation Scrutiny Committee for its careful and thoughtful third report of Session 2024-25.

However, before I come on to that, I want to note that this is the second Home Office SI on immigration matters that has come to Grand Committee since the Summer Recess which has not just been problematic. The other one—the Illegal Migration Act 2023 (Amendment) Regulations 2024—corrected policy matters in the Act that meant it could not be enacted because they were wrong, so it was also illegal. Therefore the amendments that the Grand Committee saw—I was going to say last month but it might have been a little before that—were to remove retrospective elements of the Illegal Migration Act that were themselves illegal.

Unaccompanied Migrant Children

Debate between Lord Hanson of Flint and Baroness Brinton

Wednesday 30th October 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

Again, I hear what my noble friend says. I wish to find the 90 children who are still missing. I wish to ensure that we give support to local authorities and the police to do that, and it has to be the primary focus of the Home Office. I can reflect in due course on what both she and my noble friend Lord Touhig said, but ultimately our focus has to be to find those people who went missing because of the performance of the previous Government’s management of this issue.

[Baroness Brinton (LD)]

My Lords, the Minister referred to Kent County Council. Earlier this year, questions were asked in your Lordships’ House about whether Kent was getting extra reimbursement for the phenomenal responsibility of being the first point of call for these children. Has that happened? It is wonderful that Kent is doing all that it can, but if it cannot do it without resources then children in Kent will also suffer in the longer term.

[Lord Hanson of Flint (Lab)]

There was an enhanced incentivised funding programme in operation for Kent County Council, which gave support of £15,000 for transfers within two working days and £6,000 for transfers within five working days. Those schemes are coming to an end because the pressure is not there as it was, but that support was put in place to help Kent to deal with the initial challenges.

Operation Conifer

Debate between Lord Hanson of Flint and Baroness Brinton

Tuesday 8th October 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

The noble Lord will know that the College of Policing has looked at investigating allegations and calls for allegations made against individuals both living and dead and is currently potentially issuing guidelines to police forces around these matters. Again, this is a complex area. I want to reflect on the points raised today, and I am open to further scrutiny from this House in due course.

[Baroness Brinton (LD)]

My Lords—

--- Later in debate ---

[Baroness Brinton (LD)]

My Lords, following the publication of the Independent Inquiry into Child Sexual Abuse in October 2022 and the government response a year later, the Government issued a consultation on mandatory reporting by professionals working with children when they suspect possible abuse. The result of that consultation has still not been published a year on. One of the best ways of ensuring that there are no malicious allegations against senior politicians is to see that result and for a government response. When do this Government plan to implement the recommendations of the IICSA report?

[Lord Hanson of Flint (Lab)]

If I may, I will look into the issues that the noble Baroness has raised and write to her with the detail very shortly in response.