Breaking Down Barriers to Opportunity

Debate between Jim Shannon and Stephen Timms

Wednesday 8th November 2023 Commons Chamber

[Sir Stephen Timms (East Ham) (Lab)]

I am grateful for the opportunity to speak in this debate. The Secretary of State’s attack on Sure Start, which was dismantled by the Conservatives, was completely ill-conceived. The one area where I thought she did have a point was in her attack on the state of secondary education when she was a pupil and the Thatcher Government were in charge. Thankfully, the Labour Governments that followed have addressed those very serious problems that she suffered from when she was at school.

In opening the debate, my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner) was absolutely right to take the Home Secretary to task for her attack on people forced to sleep on the pavements in tents, and for her description of them having made a “lifestyle choice” to do so. It is hard to understand how somebody holding such a crucial role in the government of this country can have no grasp of the harsh realities facing far too many people during the current crisis.

In opening the debate on the King’s Speech yesterday, the Prime Minister spent some time, quite rightly, talking about the situation in the middle east. I want to take the Home Secretary to task again for her description of those taking part in the recent Palestine marches as having taken part in a “hate march”. She owes those marchers an apology. No doubt she has not spoken to any of them, but the constituents whom I have spoken to who have been taking part in those marches have no truck at all with the appalling massacre and hostage-taking by Hamas. They are definitely not motivated by hate; they are motivated by distress and compassion. They see appalling images, refreshed on their screens hourly, of children being killed and maimed. Some have told me they cannot sleep at the moment because of their distress at what is happening. They want it to stop. Surely we all want it to stop. The Home Secretary may reach a different conclusion from those who have been on the marches, but she is absolutely wrong to impugn their motives so unfairly. Unlike the hon. Member for South Dorset (Richard Drax), I think that the Metropolitan Police Commissioner is absolutely right in his decision about the march this weekend; there is no lawful basis for a ban.

I am glad that the Prime Minister has made a renewed commitment to deliver a two-state solution—two secure states alongside each other in peace—but we have all been saying that for so long and nobody has done anything to make it happen. The Government of Israel have for years been undermining that prospect. One of the criticisms they will have to answer when the fighting stops is why their soldiers were off protecting people living in the still-expanding illegal settlements in the west bank when they should have been protecting Israeli citizens in their own country, who were left undefended in the Hamas attack. The renewed commitment to a two-state solution from the Prime Minister, which I welcome, must be delivered once the fighting stops.

Like others, I was struck by omissions from the King’s Speech. It refers to proposals being published to reform welfare and support more people into work, but there is no sign of any Bill. The Government have been undertaking a rushed consultation lasting only eight weeks over major proposals to change the descriptors for the work capability assessment. On the Work and Pensions Committee, we have heard from organisations such as Citizens Advice about the deeply unsatisfactory nature of that rushed exercise, and the consequences for people who are out of work on health grounds. The Government’s own Equality and Human Rights Commission has said that

“the consultation period is insufficient to enable disabled people and their representative organisations to respond meaningfully.”

The Select Committee asked on a unanimous cross-party basis that the consultation be extended so that it can be done properly. Unfortunately, the Secretary of State rejected our request.

There will have to be legislation to make whatever changes are decided on, but there is no mention at all in the King’s Speech of a Bill to do it. There is a puzzle here, because the Government have announced that they plan to abolish the work capability assessment in a couple of years anyway. That will require legislation, but there is no Bill to do any of those things in the King’s Speech. There are press reports that the Government intend to inspect benefits claimants’ bank accounts regularly. That will also require powers, but there is nothing in the King’s Speech that would have that effect either.

There is no pensions Bill. The Government consulted on proposals for the consolidation of defined-benefit pension schemes in 2018. Finally, after five years, the Government responded to that consultation in July this year. Consolidation is important for the ambition to secure more pension scheme investment into the UK economy, as set out by the Chancellor in his Mansion House speech. In that speech, he spoke of

“introducing a permanent superfund regulatory regime”.

The commitment of the Minister for Pensions to having a permanent regulated regime for superfunds as soon as parliamentary time allows was very welcome, but there is not a Bill. The aspiration that the Chancellor set out not very long ago will not be fulfilled by this King’s Speech.

In evidence to the Work and Pensions Committee, the chief executive of Clara-Pensions said that in an “ideal world” legislation for superfunds “would be enacted today.” Luke Webster of The Pension SuperFund said that the direction of travel set out in the Department’s response was

“very helpful and having that properly defined in regulation would give a lot more confidence to investors and those involved in delivering these proposals.”

But there is no Bill.

As my right hon. Friend the Member for Ashton-under-Lyne pointed out in her opening speech, there is no employment Bill either. Ever since the Taylor review six years ago, Ministers have promised a Bill to regularise the status of people working in the gig economy, ensuring access to a pension scheme and other rights that Parliament has determined they should have. It was in the Queen’s Speech in 2019, but yesterday it was missing once again.

Today the Trussell Trust announced the highest ever level of food bank demand. In the six months to September, more than 1.5 million emergency food parcels were given out—16% more than in the same period last year. Nothing in the King’s Speech addressed that disgrace.

[Jim Shannon (Strangford) (DUP)]

Will the right hon. Gentleman give way on that point?

[Sir Stephen Timms]

I think I had better wind up, considering the advice you have given us, Madam Deputy Speaker. The Chancellor must at least uprate working-age benefits in line with September’s inflation to avoid making matters even worse.

Saving for Later Life

Debate between Jim Shannon and Stephen Timms

Tuesday 7th February 2023 Westminster Hall

[Sir Stephen Timms]

That is very important. We are expecting quite significant progress on the dashboard this year. The Select Committee will, I hope, be taking evidence about that in a session quite soon. That will be an important step, when it finally becomes available.

We recognised in our report that with the cost of living crisis now is not the right time to increase everybody’s pension contributions, but the ground needs to be prepared for increases in future. To quote the Financial Inclusion Commission, we need a “light bulb moment” to alert employers and the public to the gravity of the current under-saving problem. We need to start building a new consensus on what an adequate retirement income is and what is needed to deliver it.

[Jim Shannon (Strangford) (DUP)]

I commend the right hon. Member on bringing this forward. It is not just about the workers of today; we must start earlier. I know he has probably commented on that, but there have been numerous surveys. One, undertaken by Deloitte, states that younger people do not have a sound understanding of things such as ISAs, saving pots or pension pots. We must also note that some teenagers as young as 14 have jobs, so they should be knowledgeable about pensions and savings. Does he agree that consideration should be given to incorporating these matters into learning for life and work modules in schools across the UK nationally? Start it early, because that is when we build for the future.

[Sir Stephen Timms]

The hon. Gentleman makes an important point. It is helpful for people at school to develop an understanding of financial matters. Even a fairly brief exposure to these matters at school can be really helpful in forming an understanding that serves people well throughout their future working lives.

In their response to our call for work to start building this consensus, the Government said they had a range of metrics for adequacy, but that misses the point. Will Ministers work with others to identify what an adequate retirement income is, and will they then start laying the ground for sufficient saving to deliver it? The Department’s own analysis in 2017 was that 12 million people were under-saving—that is about 38% of the working-age population. Some 1.5 million were substantially under-saving. The Minister’s predecessor, the hon. Member for Hexham, told us that the number of under-savers was “up for debate” but “clearly substantial”. He said the Government would carry out further analysis and keep the Committee informed. When will the Department produce new estimates of the extent of under-saving? When will it publish its research on the pension saving issues for people with low incomes?

The 2017 auto-enrolment review recommended first lowering the minimum age at which a worker must be auto-enrolled from 22 to 18. Secondly, it recommended

“removing the lower limit of the qualifying earnings band”—

which is £6,240 at the moment—so that contributions are paid on the whole of somebody’s earnings. We heard there was “almost universal support” for thus helping people poorly served by the current system—in particular, low-paid or part-time workers—and we recommended doing so. In response, the Government restated their commitment to implementing the 2017 review in the mid-2020s, saying:

“We aim to bring forward legislation at a suitable opportunity and when parliamentary time allows.”

Well, the mid-2020s are approaching rapidly. We need legislation this year if that is to be achieved, and I would welcome any encouragement that the Minister can give us about the prospects for that.

A second big problem is tackling exclusion from auto-enrolment. As I have said, auto-enrolment has reversed the decline in the number of employees saving in a pension. By contrast, there has been a big fall in self-employed pension savings, from about 48% in the 1990s to 16% now. We have known about that for some time; indeed, the Department’s response to the 2017 auto-enrolment review said that it was

“a significant and complex strategic problem”,

which is a fair comment.

A lot of people giving evidence to our inquiry argued for mirroring auto-enrolment, using the tax or national insurance system to auto-enrol self-employed people. It is very disappointing that the Government have no plans to do either of those things. Instead, they say that they favour prompts and nudges through accountancy, plus opportunities from the Making Tax Digital programme, but none of that will be enough. Can the Minister tell us when the Department plans to report back on those efforts? I am afraid they are doomed to fail.

A key part of our report focused on the gig economy. The 2021 Uber case suggested to some people that auto-enrolment might be opened up to all workers, but there are big enforcement challenges. Uber gave us compelling evidence and told us about its auto-enrolment model for drivers, which it had invited competitors to join. None of them has done so yet. The Government say that many gig economy workers are already eligible for auto-enrolment, including fixed-term contract, zero-hours and agency workers. The Pensions Regulator ought to be securing employer compliance, but it told us about a “significant evidential burden”. It told us that employers routinely challenge it at every stage and that the guidance issued by the Department for Business, Energy and Industrial Strategy last July did not help.

Uber and the GMB trade union called on the Government to legislate for better enforcement, with a new body for that purpose. We repeated the recommendation that we made in two previous reports for an employment Bill to address these issues. We have no idea why that Bill has not been forthcoming. In their response, the Government referred to their backing for five private Members’ Bills on a range of employment issues. Those are all no doubt helpful, but none of them helps with delivering auto-enrolment in the gig economy. We called for the Department to work with the Pensions Regulator to estimate, first, how many people in the gig economy should be workers for auto-enrolment purposes and therefore should be auto-enrolled, and, secondly, what resources or powers the Pensions Regulator needs to make sure that employers comply with their obligations, which they are most certainly not doing at the moment. I hope the Minister will be able to tell us something about what the Government will do to stop people working in the gig economy missing out on their entitlement.

The third important gap was referred to in evidence to us from a number of bodies, including Age UK, which told us the gender pensions gaps remains a serious problem. It reflects differences in labour market participation and hits women at retirement, when there is very little they can do about it. Nobody in government produces any data on the gender pensions gap, so the Prospect trade union produced a definition. It suggested the definition should be the percentage difference in average gross pension income for men and women receiving the state pension, and it currently estimates the gap to be 37.9%. There has been very little progress in reducing that since Prospect started reporting five years ago.

Mathematical Sciences: Contribution to Society

Debate between Jim Shannon and Stephen Timms

Tuesday 15th November 2022 Westminster Hall

[Sir Stephen Timms (East Ham) (Lab)]

I beg to move,

That this House has considered the contribution of the mathematical sciences to society.

I am delighted to serve under your chairmanship, Mr Paisley, and am most grateful to Mr Speaker for selecting this subject for debate to help to mark Maths Week this week. I am pleased to see the distinguished Schools Minister in his place, and I welcome and applaud his appointment—for the third time, if I remember correctly, which surely makes him the longest-serving Schools Minister ever, and deservedly so. I am also pleased that the hon. Member for North Devon (Selaine Saxby), who I think taught maths before being elected, is in her place.

The aims of Maths Week are to raise the profile of mathematics throughout England, change the conversation about maths in the population at large to be more positive, enable children and adults from all backgrounds to access and enjoy mathematical experiences, supplement teachers and support them to plan low-cost and high-impact maths activities at their schools during the week, encourage higher education centres to invite schoolchildren to visit maths events, raise aspiration, encourage greater take-up of maths at A-level and university, and make maths accessible to and enjoyable for people who think it an elitist subject just for “clever” people.

I want to do four things in my speech: underline the value of maths in enabling us to solve the big challenges our society faces and to build our economy; press the Minister to deliver the full commitment on funding for research in the mathematical sciences pledged by the then Prime Minister, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson), in January 2020; argue for ensuring that degree-level maths does not become the preserve of the well-off; and press the case for much higher take-up of maths post 16, fulfilling the promise of core maths, which we see in the higher take- up of maths in the most successful economies around the world.

I have a maths degree, so I am biased, and I know that maths can often seem a bit impenetrable to those not familiar with it, and that being “no good” at maths can almost be a boast sometimes, but maths enables the most exciting and urgent technological developments in energy generation, artificial intelligence, driverless cars, quantum computing and tackling climate change. Professor Alison Etheridge, chair of the Council for the Mathematical Sciences, points out that the maths used to design dust filters in vacuum cleaners is also used to develop filters to remove arsenic from groundwater in the Ganges-Brahmaputra delta, which benefits hundreds of thousands of people.

[Jim Shannon (Strangford) (DUP)]

I appreciate the right hon. Gentleman bringing the matter forward and I concur with his comments.

At this time, many of the United Kingdom’s priorities are focused on energy supply and climate change, as well as targets for the future, and the University of Lancaster has concluded that mathematics has proven to be a basic but crucial component of building resilience in terms of flooding and understanding data fluctuations with respect to our energy supplies. With that in mind, does the right hon. Gentleman agree that further funding for mathematics must be centred on helping our students of STEM—science, technology, engineering and maths—including 53% of further education students in Northern Ireland, although I acknowledge the Minister has no responsibility for them, because they are paving the way for success with respect to environmental change in the UK?

[Sir Stephen Timms]

I am grateful to the hon. Gentleman for that intervention, and I do agree with him: maths is a vital enabler of economic growth, and it underpins many technological advancements that contribute so much to UK economic growth. We need to value that.

Deloitte estimates that the mathematical sciences add more than £200 billion a year to the UK economy, that there is a significant salary premium for advanced maths skills, which is calculated to be £8,000 a year, and that the mathematical sciences are of fundamental importance to tackling all our most pressing policy challenges. The hon. Gentleman has just given a good example of that.

The maths that is most familiar to us is about certainty—a x b = c—but maths also provides the tools to quantify uncertainty, underpinning important decisions in medicine and finance, and on the environment. Furthermore, understanding uncertainty is crucial to making decisions on how to deploy limited resources, from allocating hospital beds to dividing up the bandwidth available for telecommunications.

The briefing for the debate provided by the Protect Pure Maths campaign, which I congratulate on its efforts, gives a couple of examples of the use of a mathematical theory called extreme value theory. Unfortunately, my maths course did not include extreme value theory, which has been used in the successful work of Professor Chris Dent and others on energy generation and storage, which has had a big impact on improving energy supply, as well as in the work referred to by the hon. Member for Strangford (Jim Shannon), carried out at the University of Lancaster, to build resilience against extreme flood events.

Extreme value theory was not invented for those reasons, but as invariably happens with mathematical theories developed initially because they are beautiful and fascinating, that theory has turned out to have immensely important practical applications. Algebraic geometry is an important set of ideas in pure maths, some of which were in my course, and pure mathematician turned economist Elizabeth Baldwin has applied the theory of algebraic geometry to microeconomics to design an effective auction system for carbon permits. Her work has been used by the Bank of England, and more and more maths is being used in the social sciences and humanities.

Protect Pure Maths is calling for the Government to demonstrate their understanding of the transformative power of maths by launching a strategy for maths to strengthen UK leadership and to equip us to compete in a global economy that is increasingly dominated by big data, complex systems and artificial intelligence. The Institute and Faculty of Actuaries also provided a briefing for the debate, and it points out that mathematics is fundamental to the work of actuaries in insurance and pensions, and in health and care.

In January 2020, there was a warm welcome for the commitment by the then Prime Minister to invest £300 million of additional funding into research in the mathematical sciences. Of that, £124 million has been spent on projects of national importance, including on institutes, small and large research grants, fellowships, doctoral studentships and post-doctoral awards.

Some of that work is concerned with solving current challenges of the kind that I have referred to, but some rightly is to pursue intellectual inquiry of the kind that characterises pure maths, the output of which will almost certainly yield real-world applications in future, although they are not apparent at the moment. More than half the additional investment—£176 million—has not yet been allocated.

The chief executive of UK Research and Innovation has stated:

“We did not receive £300 million specifically labelled ‘mathematical sciences’ despite the announcement.”

The announcement that she referred to was made by the then Prime Minister. We are surely not in the position where a crystal-clear announcement, attracting lots of attention, made by a Conservative Prime Minister, turned out to be untrue. A recent written answer on this from the noble Lord Callanan in the other place suggested that there was doubt about whether the funding would be forthcoming. I hope the Minister will clarify that, and confirm that the funding already announced for hugely valuable mathematical science research will be delivered.

Without that additional £176 million, doctoral studentships, fellowships and research programmes will remain unfunded. University maths departments need clarity about the sustainability of maths funding, in order to give the go-ahead for research and innovation programmes that will last years into the future—programmes that will underpin future technological breakthroughs of great economic importance.

Marcus du Sautoy, Simonyi Professor for the Public Understanding of Science at the University of Oxford, has made the point that

“maths underpins all science and technology”.

So it makes sense, he says,

“to allocate funds to mathematical research, even at a time of tight finances…It would be incredibly unwise to now abandon that pledge.”

We have seen welcome progress with advanced maths education since I was doing the Minister’s job more than 20 years ago. The trend then of falling numbers of A-level applicants and undergraduates was halted and, I think, reversed. Changes introduced by another maths graduate, Charles Clarke, when he was Secretary of State, started the improving trend.

The Protect Pure Maths campaign was initially established in response to some UK universities cutting back their maths provision. Governments might be reluctant to intervene in the decisions of individual universities, but the Government should make clear the strategic importance of maths, and incentivise and support universities to give it priority, particularly beyond Russell Group universities, because maths is becoming an almost exclusively high-tariff degree. There is big growth at many high-tariff university maths courses, with one leading maths department in England increasing its intake from 300 to 600 undergraduates a year, but the courses at low-tariff universities, many of them highly regarded, are shrinking. One of them has gone from 150 to 35 undergraduates a year.

Students from lower-income backgrounds are much less likely to go to university outside their local area. If maths courses become too small to be viable, we will see the emergence of maths deserts, which would reduce access to one of the best degrees in terms of future earnings. We need strong and sustainable maths departments at universities in all parts of the country, and in universities of all kinds.

The other key issue for this Maths Week debate is the low take-up of maths in the UK post GCSE. More 16 to 18-year-olds should be encouraged to take up core maths, which is an invention of this Government that I imagine the Minister had a good deal to do with at the time. The background is that, in 2010, the Nuffield Foundation published a report titled “Is the UK an outlier? An international comparison of upper secondary mathematics education”. It turned out that the answer to that question was yes. Twenty-four countries were surveyed, and the UK had the lowest level of participation in upper secondary maths. Of the 24, England, Wales and Northern Ireland were the only countries with participation of less than 20%.

In June 2011, the then Secretary of State, the right hon. Member for Surrey Heath (Michael Gove), looked forward to a situation in which

“within a decade the vast majority of pupils are studying mathematics right through to the age of 18”.

In 2014, he said that by 2020—two years ago—the vast majority of students would be studying maths in some form after the age of 16. He meant not just A-level maths but the new qualification of level 3 core maths, which teaches the statistical and analytical skills essential to every profession, from law to medicine, and from journalism to manufacturing.

That increase has not happened. Progress in the last eight years has been lamentable—one might even say negligible. The UK remains an outlier. In Germany, Japan and the USA, well over 50% of 17-year-olds are studying maths in some form. In Finland and Ireland, the figure is over 80%. In the UK, it is still below 20%.

India’s Foreign Contribution Law: NGOs

Debate between Jim Shannon and Stephen Timms

Wednesday 25th May 2022 Westminster Hall

[Stephen Timms (East Ham) (Lab)]

I beg to move,

That this House has considered the impact of India’s foreign contribution law on NGOs.

I am very pleased to serve under your chairmanship this afternoon, Mr Twigg.

This time last year, India had a devastating covid surge. By 6 May 2021, the country had recorded over 400,000 covid cases. Oxfam India, which was founded in India by the British charity Oxfam, provided urgent supplies and support. It worked with India’s health departments, district administrations and local organisations, and its staff set up oxygen plants, provided ventilators and delivered food to vulnerable communities. India’s Prime Minister, Narendra Modi, was among those who praised the response to the pandemic by civil society organisations, and Oxfam India played a key part in that response.

Yet in January this year, the charity received some very bad news. The renewal of its Foreign Contribution (Regulation) Act licence had been refused; the decision was apparently made last December. The result is that Oxfam India is no longer able to receive funds from abroad. Its annual income will fall from around €15 million to €2.1 million; at least 11 of its 15 development projects will close; and its former reach of over 1.5 million people, mainly Dalits, indigenous populations, minorities, women and girls, will be drastically cut. No explanation for this decision has been given.

Charities and non-governmental organisations in receipt of foreign funding in India must be registered under the Foreign Contribution (Regulation) Act 2010—the FCRA—which regulates how foreign funding can be received. Charities and NGOs now need to operate through a designated FCRA account at the State Bank of India’s main branch in Delhi. According to Christian Solidarity Worldwide, local human rights monitoring groups say the purpose of that is to supervise and monitor NGOs’ activity. The Act now gives the Government huge powers to inquire into what NGOs are doing, each time putting their work on hold until the inquiry is complete.

[Jim Shannon (Strangford) (DUP)]

I congratulate the right hon. Gentleman on securing this debate. On 6 January this year Members highlighted another charity, the Missionaries of Charity, who were reinstated some days after the debate. Organisations such as Oxfam, Greenpeace and Compassion are also affected. Some of the NGOs are of Christian heritage and some have a Muslim background. Some 250 Hindu NGOs have been closed because they are anti-Government. Does the right hon. Gentleman agree with me that this is an early warning bell of increased human rights abuses in India? It harms India’s poorest and is a symptom of the continuing pressure from Hindu nationalism.

Historical Allegations of Sexual Abuse

Debate between Jim Shannon and Stephen Timms

Wednesday 5th January 2022 Westminster Hall

[Stephen Timms (East Ham) (Lab)]

I beg to move,

That this House has considered historical allegations of sexual abuse and the justice system.

I am glad to serve under your chairmanship, Mr Betts, and I am grateful to Mr Speaker for selecting this debate.

I want to raise issues highlighted by one of my constituents, who I will call Sharifa. In 2003, when Sharifa was 15, her father sent her to the UK to escape political violence in Africa; he was later killed because of his political activities. Newham Council placed Sharifa in foster care. Eventually, she was able to rent a flat on her own. She went to school in Edgware and did BTECs at Barnet College. Aged 17, she attended the Royal Free Hospital for minor cosmetic surgery on an ear because of a burn she had suffered in childhood. A surgeon in the ear department, who was a man in his 50s, committed a serious sexual assault on her, in the course of which another doctor came into the room; otherwise, Sharifa is convinced that she would have been raped.

The assault was devastating for Sharifa’s mental and physical health. She says:

“I came out of that hospital room angry, scared, confused, naive, but I could not tell anybody because I did not have any close friend or anyone to tell, nor did I know of the Police. All I knew was that if I told the hospital doctors, they would not listen to me but put me on the next flight back to Africa. Therefore I had to keep quiet and suffer in silence.”

She went home and set about cleaning herself with soap. She developed obsessive compulsive disorder, and has had years of nightmares and sleep deprivation; treatments have been ineffective and excessive use of soap led to gynaecological problems.

In 2011, Sharifa went back to the Royal Free Hospital for treatment for those problems. What happened then is unclear, but her health problems became worse. Today, she cannot sit comfortably at all and says:

“My reasoning ability has decreased over the years due to the struggles I’m going through, loss of enjoyment to life, excessive depression, panic, severe anxiety, chronic pain…I’m tired writing about this trauma thinking about what I have gone through.”

In late 2011, Sharifa obtained a UK passport and started to feel more secure. In 2012, she completed a university degree, but her mental health worsened. Lawyers would not help, because over three years had passed since the assault. She attended the Royal Free Hospital for injections, hoping every time that she would be able to confront her assailant, but she never did; she never saw him.

[Jim Shannon (Strangford) (DUP)]

The right hon. Gentleman is discussing an important issue and I entirely support what he has just said. However, does he agree that although large-scale investigations draw media attention, equal attention must be paid to individuals who have come forward, and that funding must be available for numerically small but personally massive cases just like the one that he is referring to?

[Stephen Timms]

I very much agree with the hon. Gentleman; it is important that, whatever the circumstances, victims should feel confident that they can obtain justice.

In Sharifa’s case, eventually a doctor at the Royal Free advised her that the hospital would not help and that she should go to the police, so that is what she did in 2019. She was interviewed by two sympathetic and helpful police officers. However, at a photograph identity parade in Tottenham Hale that year, she was unable to identify her assailant, but she is convinced that her assailant was among three pictures she saw then of people who looked similar to her assailant. They were recent pictures; she did not see a photo of her assailant from 14 years earlier, although the police said that they have one. It would also have helped if she had actually seen the people in those photos, because her assailant’s physique and gait have stuck in her mind.

The police officer at the parade, unlike the earlier officers, seemed unsympathetic and impatient. Sharifa’s memory and mental health problems made her feel uncomfortable and under pressure. The police concluded that there was no basis for a prosecution, so in late 2019 she came to see me. I asked the police to reopen the investigation. Sharifa did not know the name of the doctor who committed the assault, but she did know the name of the doctor who interrupted the assault. The police had interviewed him, but he could not remember the event.

The police reply to me is as follows:

“Detectives were…able to make enquiries with a doctor who was named on one of the referral letters. Further enquiries with Maxilofacial Prosthetics confirmed that this doctor, whose name I will not disclose, had registered on 1 May 1983 and retired his membership on 30^th April 2015. During this period of registration, this doctor had an unblemished record and furthermore he was never in receipt of any complaints or allegations. The doctor provided an evidential account completely denying the offence. He stated that he could not recall ever meeting Sharifa. There is no evidence that he ever met Sharifa as no medical records were recovered.”

The reply from the police concluded:

“I have carefully reviewed all the evidence in this case and find that the decision not to refer the case to The Crown Prosecution Service to be correct.”

I went back to the police and made the point that Sharifa had given me a clear and persuasive account of what had happened, but the officer firmly declined to pursue the matter any further. Women Against Rape then corresponded with the police and raised a number of questions, including this point about the identification parade:

“The photographs shown to Sharifa were recent and were not from the time of the offence, 14 years earlier. Due to the passage of time the man in question will undoubtedly have changed somewhat, therefore the photographs should have been from the time of the incident. Can you now show her these?”

The police continued to decline to pursue the matter. At the suggestion of Women Against Rape, Sharifa requested a full copy of her medical records. There she found the name of the doctor. That was a major breakthrough. The police confirmed that that was the person they had identified, but were not willing to discuss the matter further. Women Against Rape suggested lawyers, who might take up the case. None was willing to do so.

A year ago, Sharifa came to see me again. She is not able to work, has no substantial funds and cannot afford a solicitor. One lawyer I contacted took a thorough look but concluded that the case did not meet their risk assessment and was not willing to take the case.

Sharifa wrote:

“I have spoken to many solicitors. None of them is helping. I am left on my own, as I was in the past.”

I wrote to the Health Secretary and received a sympathetic reply from the current Secretary of State for Digital, Culture, Media and Sport, the right hon. Member for Mid Bedfordshire (Ms Dorries), who was then a Health Minister. She made several helpful suggestions. Sharifa has tried all of them. Citizens Advice sent a letter in relation to the subsequent hospital treatment, but that came to nothing. The local Healthwatch secured a meeting with the Royal Free but Sharifa felt that its concern was just covering up what had gone wrong. The local sexual assault referral centre said it could not help, as the assault was so long ago. Another sexual assault referral centre said the same. A local legal advice service said that it could not help.

Sharifa is stuck. How can she obtain justice over what happened to her? She says—I think with good reason—that her life has been ruined because of what happened to her at the hospital in 2005. She has severe and continuous pain and serious mental health problems, but she is a determined woman. She is finding her voice. She benefits from supportive friendship. Her account is compelling, and I am convinced that it is truthful. She writes clearly and powerfully. There must surely be some avenue available for her to obtain the justice to which she should be entitled.

These are my questions to the Minister. What are the opportunities in the system for someone in Sharifa’s position to obtain justice? Can she do so even though, for completely understandable reasons, it was a long time after the assault that she reported it? What provision can support her, given her lack of funds? One consequence of what happened is that she has been unable to work and has always had to depend on social security. Is it really the case that someone young and innocent, newly arrived in the country, cannot effectively be protected by the criminal justice system and that someone choosing to abuse such a person will have a very good chance of getting away with it?

Sharifa’s case raises a number of wider issues, three of which I will highlight. First, there is the time limitation period. Rules on limitation periods in civil proceedings are pretty complicated. Sexual abuse inflicts both physical and psychological harm. The law typically treats such cases as personal injury claims. The time limit for bringing a civil claim in a personal injury case is three years from the date on which either the cause of action accrues or, if later, three years from the date of knowledge of the person injured. If the injury was suffered by a child, the three-year period is not initiated until they reach the age of 18. That brought Sharifa one additional year, but not enough, as 10 years later she is only just learning about the potential route to justice that she could have taken.

The court has discretion to allow a personal injury claim to be brought if the limitation period has expired, but that happens in only a small number of cases. The court would need to consider a long list of factors set out in the Limitation Act 1980. For victims eventually able to summon the courage, support and funds to pursue their case, their chances rest on the decision of a judge. The discretionary process involves both parties setting out legal and factual arguments. With a lot of uncertainty around the likely outcome, a claimant, especially one already suffering the effects of trauma, may well be dissuaded from pursuing a claim.

Survivors of sexual abuse, and childhood abuse in particular, are often unable to talk about the trauma they suffered for years. That should surely not disadvantage a claim brought later in life. The Limitation (Childhood Abuse) (Scotland) Act 2017 removed the three-year time limit for childhood abuse victims in Scotland. Do the Government plan to follow suit and abolish it for survivors in England and Wales as well? I hope they will.

Secondly, Sharifa’s case highlights the difficulty of lay people knowing how to seek justice. On 21 July last year, the Government published their violence against women and girls strategy, which recognises that sexual harassment and assault, both in public and private, is much too common. It found that women often do not report sexual harassment because they do not think it is a crime or that it will be taken seriously by the police. For Sharifa, there was the added uncertainty of a young, vulnerable person, new to the UK, with no friends or family here to support her, and no way to know what she should do.

Analysis published by the Office for National Statistics in November concluded that:

“Violence against women and girls can lead to significant and long-lasting impacts such as mental health issues, suicide attempts and homelessness”.

It reported that in the year ending March 2020, around 1.6 million women aged 16 to 74 experienced domestic abuse in England and Wales, which is 7% of the female population, and 3% experienced sexual assault. Women’s Aid has reported that nearly half of women in refuges are depressed or feel suicidal as a direct result of the assault they suffered. It says that the real figure is probably higher, as stigma and fear around disclosing mental health problems, the main injury that Sharifa suffered following her initial assault, discourage women from speaking up.

Pathways to seeking justice need to be clearer and more accessible to victims. The violence against women and girls strategy commits to a national communications campaign to raise awareness of gender-based violence. Consultation on that strategy has not started yet, despite calls for it to do so from the Victims’ Commissioner. Can the Minister tell us what the timeframe for that will be?

Thirdly, we need to note that reports of sexual assaults in hospital are rising. An article published in September reports, on the basis of freedom of information requests, a nearly fivefold increase in reports of rapes in hospital between 2011 and 2020.

I am grateful for the opportunity to raise this issue with the Minister, and I am grateful to her for being in her place. The experience of my constituent Sharifa is unique, but it raises concerns affecting a much larger number of women. I look forward to hearing the Minister’s response.

Domestic Abuse Bill

Debate between Jim Shannon and Stephen Timms

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

[Stephen Timms (East Ham) (Lab) [V]]

I add my tribute to our late colleague Dame Cheryl Gillan.

I agree very much with what the hon. Member for Ruislip, Northwood and Pinner (David Simmonds) said about the importance of the role of local councils in dealing with problems of abuse. Like a number of other Members, I want to support Lords amendments 41, 40 and 43 and to argue that a serious problem of perpetrator immunity needs to be grasped and tackled. I welcome what the right hon. Member for Basingstoke (Mrs Miller) had to say on this.

Lords amendment 41 was moved in the other place by the Bishop of Gloucester. It provides migrant victims of abuse with temporary leave to remain and access to public funds for no less than six months, having left the abuse and while applying to regularise their status. People are often surprised that a large number of law-abiding, hard-working families in the UK—often with children born here, and sometimes with children who are UK nationals—have an immigration status subject to no recourse to public funds.

For a victim of domestic abuse, having no recourse to public funds is catastrophic. Basic victim protections are not available. Only 5% of refuge vacancies are accessible because costs in a refuge are generally met through housing benefit, and people with no recourse to public funds cannot claim housing benefit. Women’s Aid points out that a woman with no recourse to public funds who, as a result, cannot stay in a refuge has to choose between homelessness or going back to their abuser.

I commend the important work of Southall Black Sisters in this area, which has been frequently referenced in the debate. It says:

“Many women are too scared to report their experiences to statutory agencies because they are wholly financially and otherwise dependent on their abusive spouses or partners, many of whom use women’s immigration status as a weapon of control and coercion.”

The denial of safety in these arrangements to migrant women is obviously bad for them, but it has other immensely damaging impacts as well. Above all, it creates impunity for perpetrators, who get free rein to go on and harm other women and children.

The Children Act 1989 requires local authorities to provide accommodation and financial support for some families with no recourse to public funds, but they often do not provide it, due to lack of resources or confusion about what exactly people with no recourse to public funds are entitled to. There is, in practice, a postcode lottery of support, so Southall Black Sisters often has to take legal action against councils that are not fulfilling their obligations to vulnerable women. That is no way to run a system of proper support.

The DV rule introduced in 2002, which has been mentioned in this debate, allows migrant women on spouse visas to apply for indefinite leave when their relationship breaks down due to violence. In 2012, a concession was introduced giving those applicants three months’ leave and access to limited benefits and temporary housing while their applications for indefinite leave are considered, but the concession does not apply to women with other kinds of visas, including those with student visas, work permit holders and domestic workers. Southall Black Sisters reports more and more women on those other kinds of visas with no recourse to public funds being turned away, including by refuges and domestic abuse services.

Women’s Aid found in its report “Nowhere to turn” that, over a year, two thirds of its users were ineligible for support because they had visas other than spouse visas. There is a 2019 study by the professor of development geography at King’s College London, which reported a survey of migrant victims of domestic violence, in which two thirds had been threatened by the perpetrator of the abuse that they would be deported if they reported it. The ability to make that threat credibly, which the current arrangements allow, maintains the awful climate of impunity that we have at the moment. The Government are right to recognise that abused migrant women with insecure status need immediate support and protection, but restricting it only to women with spouse visas perpetuates impunity for perpetrators, and that is in nobody’s interests except the perpetrators.

The Government have responded with the support for migrant victims fund pilot, which we have heard about, both to support survivors of domestic abuse with no recourse to public funds and to help gather data to formulate policies eventually to support all migrant victims of domestic abuse. It is due to report next March, and I welcome the announcement that Southall Black Sisters will manage it, but it has been pointing out that there is already ample evidence. We do not need more evidence on this. The pilot and the Bishop of Gloucester pointed out what a small amount of funding it entails, compared with the scale of the problem, and the hon. Member for Strangford (Jim Shannon) highlighted that in his earlier intervention. The pilot must not be used to avoid addressing the problem and to carry on maintaining perpetrator impunity. We need the change in the law that amendment 41 would provide.

[Jim Shannon (Strangford) (DUP)]

I want to put on the record my party’s condolences and thoughts about Dame Cheryl Gillan. I had the opportunity to speak alongside her, along with many others in this House, in many debates in the Chamber and in Westminster Hall. She had a particular interest in autism, which I have an interest in. I want to put on the record my condolences to her family, which I have conveyed by letter already.

Thank you, Madam Deputy Speaker, for giving me the opportunity to speak on this weighty, comprehensive and important issue. I begin by thanking the Government for the proposals to change the wider support for those suffering from domestic violence. I thank the Lords for their reasoned amendments, a few of which I will discuss in the short time available to me. In particular, I want to thank the Minister and the shadow Minister. The significant contributions from right hon. and hon. Members have really enhanced the debate on this Bill.

To illustrate the importance of getting this right, I wish to highlight that there are approximately 1.8 million people in Northern Ireland. In the year between October 2019 and October 2020, there were 32,000 reported incidents of domestic violence within our very small population. Of course, charities always tell us that the figure is much higher, when we consider how many incidents are unreported.

Coronavirus has affected us all over the past year and a bit. Heightened domestic abuse is another side-effect of this dreadful pandemic and the forced isolation that has come with it, so we need to get this Bill right, and that is why I am very grateful for the Lords amendments. For many victims, going to the police is the very last step in a long, harrowing journey of abuse. It is our responsibility to ensure that no one walks that journey alone.

Kenyan Civil Service Pensions: Non-payment

Debate between Jim Shannon and Stephen Timms

Monday 7th December 2020 Commons Chamber

[Stephen Timms]

My hon. Friend is quite right. There is no evidence of any reply having been received to those inquiries. I do not know how many times the question has been asked, but perhaps the Minister can shed some light on what is going on.

After that initial response, my hon. Friend the Member for Washington and Sunderland West did receive a further letter from the Minister, which explained something that I thought was helpful and worth informing the House of. To quote from the reply to her:

“In very broad terms, HMG accepted responsibility for the pensions of those who were employed in Kenya on expatriate terms (i.e. had paid leave passages outside the country during their employment) and who were not citizens of Kenya on 1st April 1971 or the date of retirement if later. The pension of anyone who did not meet the above criteria above remained the responsibility of the Government of Kenya. This is why some pensions are paid by HMG and others, such as”

the constituent

“by Crown Agents on behalf of the Government of Kenya.”

[Jim Shannon (Strangford) (DUP)]

I congratulate the right hon. Gentleman on bringing this forward tonight. He and I talked last week about the issue. Does he not agree that in each constituency, my own included, where we come across injustice that we are unable to correct ourselves—and in a case where, I guess, this House has influence, and the Minister as well—there is a moral imperative that we use it for those we represent, such as his pensioners who have been abandoned by their Government and must not be abandoned by this one?

[Stephen Timms]

I am grateful to the hon. Gentleman, and I think he raises an important point. Of course, today their Government is our Government; in the past, they were living under another Government, and we do not quite know what has happened or why these payments have ceased. However, he is absolutely right, and I am grateful for the way he has expressed it: it is right for Members of the House to raise these issues here in the hope that the Government can prevail and that their influence can ensure these payments resume.

There was a further letter to my hon. Friend the Member for Brentford and Isleworth from the hon. Member for Pendle (Andrew Stephenson), who moved to the Foreign Office in the reshuffle that summer, which said, as my hon. Friend the Member for Feltham and Heston (Seema Malhotra) has already told us, that

“the British High Commission in Nairobi has written to the Kenyan Ministry for Foreign Affairs and the Head of the Department for Pensions in the Kenyan National Treasury seeking an explanation for non-payment of pensions to former Kenyan civil servants and the lack of increase in line with inflation.”

That Minister—the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, the hon. Member for Rochford and Southend East (James Duddridge)—assured my hon. Friend that his officials would be in touch when they received a response. As far as I know, nobody has ever heard any information about that response, whether or not one was received, but in any case there was no progress.

My hon. Friend the Member for Washington and Sunderland West tabled a written question on 21 February. The Minister, who I am pleased to say is in his place tonight, replied that his Department had been in touch, again, with the Kenyan Ministry for Foreign Affairs and the head of the Department for Pensions in Kenya for an explanation, and he added in that answer that the Foreign and Commonwealth Office was now helping the Kenyan National Treasury to contact Crown Agents Bank to expedite the reinstatement of the pensions. That was encouraging, but, over nine months later, the situation remains unchanged: the pensions have not been paid.

There is some history here. In 2009, Vince Cable tabled a written question to the Foreign Office, to ask the Foreign Secretary

“what recent representations he has made to the government of Kenya on the non-payment of pensions to retired Kenyan civil servants with British citizenship who are resident in that country.”

The Minister, Ivan Lewis, replied:

“The Government are very concerned by the Freezing Order issued by the High Court on 23 October 2009 on accounts belonging to the Government of Kenya held by Crown Agents Bank. The freezing of these accounts affects the payment of pensions to former Kenyan civil servants. We are raising the issue with the Government of Kenya who are fully aware of their responsibilities in the matter.”—[Official Report, 3 December 2009; Vol. 501, c. 880W.]

So this is not an entirely new problem. On 9 July 2013, the then Member for Brentford and Isleworth asked what recent discussions the Foreign Secretary had had with the Government of Kenya. The then Parliamentary Under-Secretary, Mark Simmonds, answered:

“In recent years we have raised this issue with Kenyan Government officials on a number of occasions, including—”