My Lords, we have put the protection of human rights around the world at the heart of what we do, including through the publication of the integrated review and our presidency of the G7. On labour standards, the Government share the public’s high regard for worker protections and have made it clear that we will not compromise them; in fact, we have embedded labour objectives in the UK’s approach to proposed new trade agreements with the US, Australia and New Zealand.
My Lords, I appreciate that this is a difficult area, but I want to press the Minister a little further. In his Question, the noble Lord, Lord Collins of Highbury, asked about inserting clauses into trade agreements. The Minister did not really respond to that. Is this because the Government have, in principle or for some other reason, an objection to inserting those clauses? How can we hope to police and implement commitments if they cannot be written down in the agreements?
The Hybrid Sitting of the House will now resume. I ask all Members to respect social distancing.
We come to Report stage of the Domestic Abuse Bill. I will call Members to speak in the order listed. Short questions of elucidation after the Minister’s response are discouraged. Any Member wishing to ask such a question must email the clerk. The groupings are binding. A participant who wishes to press an amendment, other than the lead amendment in a group, to a Division must give notice in debate or by emailing the clerk. Leave should be given to withdraw amendments. When putting the Question, I will collect voices in the Chamber only. If a Member taking part remotely wants their voice accounted for if the Question is put, they must make this clear when speaking on the group.
My Lords, given the large number of speakers and the large number of amendments we need to cover, I remind noble Lords of the rules of debate on Report as listed in the Companion, particularly at paragraph 8.138: arguments fully deployed in Committee should not be repeated at length on Report.
(3 years, 10 months ago)
Lords ChamberMy Lords, we still have a number of amendments to get through this evening, but I think now might be an opportune moment for a short break. I beg to move that the Committee do now adjourn until 8.23 pm.
My Lords, the Committee will now adjourn until 8.23 pm, and we will return to deal with the group beginning with Amendment 149.
(3 years, 10 months ago)
Lords ChamberMy Lords, I am grateful to the noble Baronesses, Lady Burt of Solihull and Lady Hamwee, and the noble Lord, Lord Rosser, for setting out these amendments so clearly.
Clauses 8 and 14 of the Bill provide for the domestic abuse commissioner to report to the Home Secretary on any matters relating to domestic abuse and for the preparation and publication of an annual report. These reports could cover a range of different issues about domestic abuse. While it will be for the commissioner to determine what aspects of domestic abuse to examine and report on, it is likely that reports published under Clauses 8 and 14 will emerge from the commissioner’s strategic plan, which we will be debating later in Committee.
We think it is entirely proper for the domestic abuse commissioner to report to the Home Secretary. That is the case with other public bodies and officeholders who report to Ministers rather than Parliament. The domestic abuse commissioner will have day-to-day operational independence from Ministers, with responsibility for setting her own work plans and reaching her own conclusions. A number of noble Lords, understandably, wanted to probe this point and talk about the role of Parliament.
Although the commissioner will not be directly accountable to Parliament under the Bill, she will need to develop an effective relationship with Members in another place and your Lordships’ House. As my noble friend Lord Cormack said, she is therefore very likely to be asked to give evidence to the Home Affairs Select Committee in another place and to other committees of both Houses. To reinforce the commissioner’s direct link to Parliament, the commissioner must arrange to lay her reports and strategic plans before Parliament—as my noble friends Lady McIntosh of Pickering and Lord Randall of Uxbridge both noted—rather for this to be done via the Home Secretary. It is therefore open to Parliament to debate those reports, if it so wishes. The noble Lord, Lord Hunt of Kings Heath, rather proved the point about the vigilance of your Lordships’ House by noting and listing the large number of reports which it is open to Parliament to examine and debate, if it so wishes.
The fact that the commissioner is accountable to the Home Secretary in no way compromises her independence. The independence of a statutory officeholder is assured by both the terms of the legislative framework under which they operate and the way that they conduct themselves in office. I am sure noble Lords would agree that the noble Lord, Lord Anderson of Ipswich, was no less independent when he was the reviewer of terrorism legislation by virtue of his being accountable to the Home Office; nor was the independence of my noble friend Lady Newlove compromised by being accountable to the Secretary of State for Justice when she held the office of Victims’ Commissioner; and nor was that of the noble Lord, Lord McNally, when he was chairman of the Youth Justice Board. Happily, there are many such examples in your Lordships’ House that one could cite.
More pertinently, I refer noble Lords to the comments made by Nicole Jacobs when she gave evidence to the Public Bill Committee in another place. She was asked about this issue by the honourable friend of the noble Lord, Lord Rosser, the Member for Kingston upon Hull North. Nicole Jacobs said:
“I feel confident about the hosting at the Home Office … I fully intend to be independent … I do not feel hindered in any way in the process to date, in terms of my independence.”––[Official Report, Commons, Domestic Abuse Bill Committee, 29/10/19; col. 9.]
Given that commitment from the commissioner herself, we expect the thematic reports produced by her to provide robust, challenging advice and recommendations. These reports will form a fundamental part of her work and play a central role in discharging her functions under Clause 7. These include encouraging good practice in the prevention of domestic abuse, and protecting and supporting victims and their children. As well as identifying and publicising good practice, the reports will, importantly, be a means for her to highlight areas where improvement is needed.
Clause 8 requires that the commissioner’s reports made under this section must be published and that, before publication, the commissioner, under subsection (3), must send a draft to the Home Secretary. To answer the noble Baroness, Lady Burt of Solihull, the reason for sending these drafts is so that the Home Secretary can consider whether she needs to exercise her very limited power to direct the removal of material that could risk someone’s safety or which might prejudice any investigation or prosecution of an offence.
Clauses 9 and 14 contain similar provisions about redacting sensitive material from any advice published under that clause. There are only very restricted circumstances under which the Home Secretary can direct that material be omitted from a report. The power is both limited and very narrowly focused. It is not right to say, as my noble friend Lord Cormack characterised it, that the Home Secretary would have the power to censor reports. The Home Secretary can require information to be omitted only where its publication could jeopardise the safety of any person or where the information might prejudice an ongoing criminal or civil investigation or prosecution.
We have also included further safeguards in the draft framework document, which we have agreed with the commissioner and published alongside the Bill. This sets out, at paragraphs 4.8 to 4.11, a clear process and timelines for resolving any disputes about the need to redact material from a report. To answer the question from the noble Lord, Lord Rooker, about legal advice, Home Office legal advisers could not provide advice to the commissioner, because that would be a conflict of interest as they also advise the Home Office. So, yes, it would be for the commissioner to use her budget to pay for her legal advice.
In addition, following recommendations by the Joint Committee to protect the commissioner’s independence —and I agree with the noble Lord, Lord Hunt, that that area has rightly been given a lot of attention in Committee so far—we have also placed a duty on the Home Secretary to consult the commissioner before directing her to remove any information from a report. I hope that answers the question from the noble Lord, Lord Rosser, about what would happen if there was a difference of views. Certainly in my experience as an adviser in Government, if independent commissioners disagree with the Government, they find a way to make sure that that is publicly known. As my noble friend Lord Randall of Uxbridge says, the calibre of candidates whom we attract assures this. But we would be happy to take a fresh look at the relevant provisions of the framework document to see if they could be further tightened. I hope noble Lords will welcome that commitment.
I should stress that, apart from this narrow provision, the content of any report, including the judgments contained therein, is entirely a matter for the commissioner, however challenging her findings and recommendations may be for the Government. We want these reports to be hard-hitting where they need to be, as well as celebrating and sharing good practice wherever that is to be found. In short, these narrow provisions do not in any sense compromise the independence of the commissioner.
Amendment 35, in the name of the noble Baronesses, Lady Hamwee and Lady Burt of Solihull, would require that any advice given by the commissioner to the Secretary of State be published, in the same way that the commissioner is required to publish advice given to any other person following a request made under Clause 9(2).
To answer the question posed by the noble Baroness, Lady Hamwee, Clause 9(4) is drafted as it is for a reason. In the interests of transparency and spreading good practice, we think it is right that any advice from the commissioner to a person other than the Secretary of State should be published. The commissioner would, of course, have to frame that advice accordingly, knowing that it was to be published.
However, the relationship between the commissioner and the Secretary of State is of a different kind. The Home Office, as the sponsoring department, will be in regular contact with the commissioner and her office, and there is likely to be a steady and regular flow of what could be taken as requests for advice; for instance, in relation to things such as staffing and budgetary matters, as well as policy questions. We do not believe that it is necessary or appropriate for all the responses to requests such as those to be published.
For example, the noble Baroness, Lady Burt of Solihull, has amendments on the Order Paper which relate to the duty to co-operate with the commissioner. I understand that those have been proposed by the commissioner. To help us understand the case for these amendments, officials have asked for further information about them. I hope the noble Baroness will agree that that is a sensible exchange for the Government to have, but regular exchanges of advice such as this, between the Home Office and the commissioner’s office, are of a different kind from the advice that might be requested by a third party under Clause 9(2).
There will, of course, be occasions where the commissioner is providing set-piece advice—if I might call it that—to the Secretary of State. In such cases, she can set that out in a Clause 8 report, which must be published, so that discretion lies with the commissioner if she judges it important.
We believe that the Bill strikes the right balance between transparency and the efficient conduct of business between the commissioner’s office and the government departments that she needs to interact with. I hope that, in the light of that explanation and the commitment to look again at the terms of the framework document, the noble Baroness will be content to withdraw her amendment.
I have received a request to speak after the Minister from the noble Baroness, Lady Hamwee.
I thank both noble Lords for their questions and their attention to this issue. Starting university is a stressful experience at the best of times—people are often living away from home for the first time—but particularly so in the current circumstances. As the noble Lord, Lord Bassam, said, it is stressful not just for the students but for their parents, families and the university staff looking after them. That is why my right honourable friend the Secretary of State has said that throughout this pandemic our priority has always been to keep young people as safe as possible while they continue to learn.
The noble Lord, Lord Bassam, asked whether students should currently go to university. Yes, they should, if their university says that it is safe. At the beginning of this week, we had 80% of universities welcoming students back. It will be 90% by the beginning of next week. Students should check with their university and certainly go unless their university tells them not to.
The noble Lord also asked about testing. We are testing 225,000 a day at the moment, with a target to increase that to 500,000 by the end of the month. The message to students is clear, as it is to everyone else: if you have symptoms, please get a test.
The noble Lords, Lord Bassam and Lord Storey, asked about digital access. The Government have provided over £100 million to help provide laptops and devices for disadvantaged children and young people so that they can access the education and services they need. This includes devices for care leavers, including those studying at university. We have been working with universities, which have been adept and adaptable in the current circumstances, by shifting their provision online, as they did at the end of the last academic year and continuing that work over the summer, ready for the start of the new academic year.
I think the noble Lord, Lord Storey, was anticipating the Statement on further education which my right honourable friend is making in another place as we speak. Perhaps if he writes on that we can correspond once it has been made in another place.
He also asked about face-to-face learning rather than online learning. There are some courses where face-to-face provision is important—for instance, in the creative sector and for medical degrees, which are so important in the current circumstances. Universities are using a blend of online and face-to-face teaching with the provisions and mitigations in place to do that safely.
The noble Lord, Lord Storey, asked about accommodation and households. In student halls, it is universities and HE providers that determine what a household is, often around a shared kitchen or shared bathroom facilities. They will provide advice to students about how they can safely self-isolate in a household if that is what they need to do in their part of the country. The Government play no direct role in provision of student accommodation, whether managed by universities or the private sector, but we have urged universities and private hall providers to be fair in their decisions about rent charges in the current climate. Some universities and large companies have waived rents for the summer term or released students early from their contracts at the end of the last academic year, which we welcomed. If students think their accommodation provider is treating them unfairly, they can raise a complaint under the student accommodation code if their provider is a member.
We now come to 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief so that I can call the maximum number of speakers.
I congratulate the noble Lord on the completion of his term as pro-vice chancellor at Lancaster. He will be a tough act to follow, but I see that my right honourable friend—as he would be if he were still in another place—Alistair Burt is going to give following in his footsteps his best shot. The noble Lord is absolutely right: we want to see face-to-face teaching where that is safe and possible. Universities are doing a blend of online and face-to-face, depending on the courses and the circumstances, and on the public health needs in their locality. We are targeting testing capacity at the areas that need it most, including where there are outbreaks, and prioritising at-risk groups. But we are working closely with universities so that we can make sure that they are keeping staff and students as safe as possible.
The noble Lord, Lord Rogan, has run into a technical problem so I call the noble Baroness, Lady Randerson.
My Lords, given that Sinn Féin will now be in government fairly permanently in Northern Ireland—it looks like it will be either a party of government or a leading party of opposition in the Republic of Ireland—what conversations have Her Majesty’s Government had with Sinn Féin about how we address the land frontier in Ireland, which is now, of course, a frontier with the EU, as well as the border arrangements that will be required between the Republic of Ireland and England and Wales? These are not issues that we can avoid, particularly with the party potentially being in government on both sides of the border there.
I thank the noble Lord for his question. Her Majesty’s Government have had extensive discussions with Sinn Féin and all the parties leading to the agreement, which has seen the restoration of the Executive in Northern Ireland. On Brexit-related issues and the border, we are discussing with the EU and not with any individual member state, but we look forward to discussing these issues more with any new Government in Ireland once they have been formed.