(1 year, 11 months ago)
Lords ChamberI entirely agree with my noble friend. I can assure the House that we will ensure that scientific methods are implemented in such a way as to be compliant with the existing regulatory and statutory frameworks governing safety. I entirely agree with the sentiment of my noble friend’s question.
My Lords, further to that answer, in determining what constitutes an appropriate scientific method of age assessment, can the Minister assure us that any future methods will be formally approved by the relevant medical body before they come into use?
Plainly they will be formally approved by the advisory committee to the Home Secretary, and one suggests that the views of relevant professional bodies will be of great weight in making such a decision.
(3 years, 8 months ago)
Lords ChamberMy Lords, I thank my dear friend the noble Lord, Lord Kennedy, who has been a wonderful campaigner on this issue. I went back in history a little way because I have the privilege of being the husband of a retired GP. Under the old contract from the pre-Blair period, things were not quite as confusing as they subsequently became. We all know that any GP, when faced with this situation, would do a thorough medical examination. This has never been in doubt. In the period after the Major Government this became less clear; I do not know why, but it did. I thank all the people whom the noble Lord mentioned, and Her Majesty’s Government. It is not easy, particularly at times like this, when everyone is focused on Covid, to make progress on a difficult area. Obviously the Ministers have worked very hard on it, and I pay tribute to the hard work that they have put in.
My Lords, I too address Amendment 71. As the lead bishop for health and social care, and with the support of my friend the right reverend Prelate the Bishop of London—as we have heard, she supported this amendment in Committee—I also thank the Government for listening and for tabling amendments that prohibit charging for medical evidence under these circumstances. I also pay tribute to the noble Lord, Lord Kennedy, for his hard work in raising this matter. I regard the Government’s proposal as an excellent addition to the Bill, which will greatly assist a group of highly vulnerable people in securing the support that they need, and I am glad of this opportunity to express our gratitude to all those involved in bringing this about.
(3 years, 11 months ago)
Lords ChamberMy Lords, I speak in support of Amendment 43, in the names of my right reverend friend the Bishop of Durham, the noble Lord, Lord Young, and the noble Baronesses, Lady Chakrabarti and Lady Bull, and Amendment 60, in the names of the noble Baronesses, Lady Young and Lady Hamwee, and the noble Lord, Lord Kennedy of Southwark. As we have heard, both concern the treatment of children.
We should not for a moment underestimate some of the evils in our society that the Government and the forces of law and order are tasked with confronting. Some of those evils involve the abuse of children and vulnerable people, including, as we know, the scourge of county lines drug gangs, sexual predators and traffickers. It does not take much imagination to see how, as a result of this, there is a periodic temptation to use children as covert assets. We must clearly guard against that temptation; as we have already been reminded, our first duty must be to the care and well-being of children. This applies all the more to children who find themselves in vulnerable and harmful situations, such as those used and abused by criminal gangs.
We are talking here about the exposure of children to dangerous, exploitative and traumatic environments, with significant potential long-term consequences for the children in question. Our responsibility must be to look first to their welfare. As we have been reminded by the noble Lord, Lord Young, it is argued that covert tactics involving children can be of great value in protecting other victims, but how do we determine an acceptable level of harm to a child, even if there might be a wider benefit? Even if that argument were acceptable, as, again, the noble Lord, Lord Young, observed, how can a child legitimately understand and give informed consent to keeping himself or herself in a harmful situation? It seems to be a very dangerous precedent to suggest that a child can provide informed consent to an activity that may cause long-term harm and trauma.
Therefore, I support both these amendments, which recognise the principle that our first duty is to protect and support children and vulnerable people. As we have been reminded, Amendment 43 would prohibit the use of children as covert agents in criminal activities, while Amendment 60 significantly raises the threshold for the granting of criminal conduct authorisations to guarantee that they could be used in only very extreme circumstances and with much more thorough safeguards than are presently provided.
As others have emphasised, we are all hugely grateful to those who work to protect children and confront criminals who would abuse them. I do not for one moment underestimate the difficulties that they face, but I fear that the Bill, as it stands, does not do enough to provide sufficient safeguards for protecting children from being seen as assets rather than victims who need support. That is why I am glad to support these amendments.
My Lords, I rise principally to support Amendment 43, to which I have added my name, but I fully support all the amendments in this group, which have in common their intent to protect children and the most vulnerable in our society. Before I address Amendment 43, I will speak briefly to Amendment 52, in the names of the noble Baronesses, Lady Hamwee and Lady Doocey, and the noble Lord, Lord Paddick. I mention Amendment 52 in particular because it addresses two issues that I and others raised at Second Reading: first that the code of practice’s definition of a vulnerable adult currently fails to include victims of slavery or trafficking; and secondly that, while the code stipulates that there must be an assessment of the juvenile’s ability to give informed consent, there is no consideration given to the ability of a vulnerable adult to give consent.
The insertion of proposed new subsection (8A)(b) would specify that authorisation must not be granted to anyone who is a
“victim of slavery or servitude or forced or compulsory labour or of human trafficking or exploitation”.
This addresses the concerns raised by Anti-Slavery International, namely that someone who has been either trafficked or exploited is unlikely to be able to give informed consent to acting as a CHIS, given their traumatic experiences of manipulation and control and the long-term psychological implications of this on their ability to make independent decisions.
Within the same amendment, proposed new subsection (8A)(c) would prevent authorisation being granted to anyone
“who has been assessed by an appropriately qualified independent person as likely to be unable to give informed consent to acting as a source”.
I believe this would go some way to addressing my concerns about the absence of any reference in the code of practice to mental capacity and the ability of someone with impaired mental capacity to consent to acting as a CHIS. It has to be borne in mind that mental capacity is specific to a given decision, rather than universal. The Mental Capacity Act code of practice is clear that someone can have capacity to make decisions in certain areas, such as deciding what activities they would like to do during the day, but lack it for others, such as deciding whether to engage in risky and dangerous activities such as acting undercover. Given this, it seems to me essential that mental capacity is specifically taken into account.
I turn now to Amendment 43. I am grateful to and in awe of the noble Lord, Lord Young of Cookham, for introducing the amendment so effectively, and to the noble Baroness, Lady Chakrabarti, and the right reverend Prelate the Bishop of Carlisle for their contributions. I fully support their remarks and will add only a few of my own.
My primary objection to the use of children as covert sources is that it stands in direct opposition to our fundamental responsibility to children both morally and legally, as we have heard, to do everything in our power to extricate them from situations and relationships that promote criminality and risky behaviours. We know that vulnerable young people are targeted by criminal gangs who groom, manipulate, intimidate, coerce and force children into the packaging and supply of drugs and the transportation of money, drugs and drug paraphernalia. We know that these children are often obliged to commit criminal acts in order to establish their credibility and prove their trustworthiness within the gang.
These are children who almost inevitably come from disadvantaged backgrounds—growing up in deprived areas, living with experiences of trauma, substance misuse, mental health issues, learning difficulties and possibly even in the care of local authorities. These are children whose life chances and opportunities are already greatly reduced in comparison to their better-off peers, thus further deepening the inequalities between those who have and those who have not. It is hard to believe that, rather than acting to end this exploitation, the law itself would recruit them as covert sources, exploiting the existing exploitation and, in effect, becoming the next perpetrator in a cycle of continued abuse.
Alongside this moral argument, there is a more practical consideration. Research suggests that teenagers are not even particularly effective as covert sources, because information-processing abilities are not as developed in teenagers as they are in adults. Adults think with the prefrontal cortex, the rational part of the brain, which means they can respond to situations with judgment and with consideration of the long-term consequences. Teenagers process information with the amygdala: the emotional part of the brain. In teenagers, the connections between the rational and emotional parts of the brain are not yet fully developed, which is why they cannot always explain what they are thinking. Often they are not thinking—they are just feeling. Adolescents are more likely to act on impulse and engage in dangerous behaviours, and they are less likely to pause to consider the consequences of their actions.
We also know that most young people involved in gangs and drug supply are themselves regular users of drugs, which they may need to use in order to blend in. I am grateful to Dr Grace Robinson for sharing her work in this area. Drugs and alcohol use can change or delay development of the connections between the logical and emotional parts of teenage brains. All this throws into question the accuracy, consistency and completeness of any information provided by teenagers acting as covert sources and, as a result, its utility in intelligence-gathering operations.
Alongside the fundamental concern of whether it is morally and legally right to put young people directly in harm’s way, we need to set this secondary concern, of whether the information they are likely to provide would be of sufficient value to justify the risks. My belief is that, however valuable the information, it can never off-set the immediate and long-term harm to young people recruited to act as covert sources—young people whose life opportunities and outcomes are already likely to be compromised. For this reason, I stand with the noble Lord, Lord Young of Cookham. The end does not justify the means.
(6 years, 11 months ago)
Lords ChamberMy Lords, I too am most grateful to the noble Baroness, Lady Hamwee. I am delighted that this debate is about families, which is an apt topic as Christmas approaches. I am not speaking of the nostalgic image of a nuclear family around a groaning table; the Christian table is plainer but more welcoming and inclusive, a table around which all are welcome.
Round the table gathers a family. Our country has for so long and so rightly emphasised the family as a—perhaps the—key building block of society. At the present time we seek urgently for social integration, a society where shared values and shared culture bind us all into an ethos of mutuality which naturally, organically, squeezes out extremisms, violence, injustices and hate.
We have found that we cannot really legislate for this, and only to a limited extent can we educate for it. We just have to build it. We have to undermine the divisive idolatry of individualism by growing networks at every level of social reality. About the most effective growing medium for this is the age-old one of kinship—that is, the family.
I have a particular interest in health policy, on which I speak for the Church of England. Time and again I see how utterly vital family support is for health, both mental and physical; how loneliness, for instance, has certain negative impacts which have been the focus of some very welcome attention during the past year.
Into this scene now comes the reality of refugees, as we have been hearing, just as the Holy Family were refugees at the first Christmas. Not the least tragic of the consequences of war, persecution and civil unrest around the world is the tearing apart of families—of children from their parents, of family groups for whom their interdependence is an essential resource as they strive for resilience in the face of dreadful events and such severe dangers.
So people arrive in this country or in Europe, or perhaps come to the attention of the UNHCR in a conflict region. A child may be adrift in a place where he or she is easy prey for traffickers. Parents may be worried sick about their child, whether under 18 or not. The exact configuration of mutual support will vary from family to family; it is not just a matter of parents and their children.
It is very apparent, and not just in the season of good will, that British people are desperately concerned for those who are driven from their homes and divided from their families, as we heard from the noble Lord, Lord Dubs. Of course, questions about pull factors and the possibility of abuse of the system are valid, and we all understand them. But to let them drive the direction of policy is to let the exception dictate the rule and run the risk of driving desperate and vulnerable refugees into the unscrupulous hands of criminals.
Others have a greater grasp of the detail of all this than I do, but the barriers we are currently putting up to the reunion of refugee families seem to me to be disproportionate to the benefits that could come for individuals, for families and for our communities as we seek to strengthen family life—a theme, incidentally, which featured strongly in all three of the debates in your Lordships’ House yesterday on vulnerable children, poverty and the right to justice. So if stringent checks are needed, let us not use that as a means of introducing friction into the system and dissuading people from trying to do the right thing for their family. Rather, let us provide the information, the support and, let us hope, the legal aid which will help them to navigate the system.
Because every family and every situation is different, let us not draw the rules so tightly that truly deserving families are disqualified from consideration without any attention to natural justice. For example, it is often not fair that a relative who is under 18 at the time of application is disqualified because he or she reaches their 18th birthday during a long drawn-out application process. Where we rightly build into our rules discretion for their interpretation, with some flexibility to allow for special circumstances, perhaps we can train and support officials to use that discretion to make exceptions not grudgingly but with an eye first of all to fairness.
Although I began with a reference to the Christmas season, this is not a matter of ephemeral good will. As the noble Lord, Lord Alderdice, pointed out, it is a matter of our national identity as a hospitable nation which strongly believes in the values of family. This Bill is the natural corollary of those values and I support it most warmly.
(9 years, 8 months ago)
Lords ChamberMy Lords, I support Amendment 90, which would end the unacceptable situation regarding the current visa system for overseas domestic workers. In Committee we heard many passionate speeches. Since then, the Minister has announced a review and a package of other changes that the Government will be bringing forward to ameliorate the situation. As helpful as these may be, they do not tackle head-on the current desperate plight of many domestic workers who are subject to exploitation, slavery and forced labour.
The Government have had nearly a year since the pre-legislative scrutiny committee published its report in April 2014 to look into this and review the visa system for ODWs. So I have to ask why they have left it so late to commission a review. I have no doubt that James Ewins, who will undertake the review, will do a splendid job: he is superbly qualified. However, the review is both too late and, I believe, unnecessary. Time and again we have been told by the Government that there is insufficient evidence and that the numbers do not show that the 2012 visa changes have had any effect on the abuse that some overseas domestic workers have had to endure. I beg to differ. Indeed, I have had no contact with any organisation or any individual who shares the Government’s view. Kalayaan, which has been leading the way in advocating and representing these workers, has first-hand experience and the case studies of numerous workers whom it has helped to escape. Human Rights Watch has carried out an independent review which took over a year to complete. One therefore has to wonder how the Government’s review can be completed by the end of July this year. As the noble Lord himself said, by that time this piece of legislation, excellent though it is, will be done and dusted.
The Joint Committee on the draft Bill said that since the tied visa was introduced there have been high levels of abuse among migrant domestic workers entering the UK. They said that the current bondage arrangement has,
“unintentionally strengthened the hand of the slave master against the victim of slavery”.
The committee, together with the Joint Committee on Human Rights and numerous NGOs, has called on the UK Government to reverse the relevant changes to the Immigration Rules and to reinstate the pre-2012 protections in the Bill. They all base their views on evidence. How much more evidence do we need? How many more cases do we need to uncover to reach the threshold where a change will happen? Clearly, getting more evidence will be particularly hard if workers are imprisoned and then driven underground.
In his letter of 9 February, the Minister outlined some actions that the Government have committed to taking immediately. Some of these are welcome but, frankly, they are woefully inadequate and do not remedy the root of the problem—that is, untying the visas. The pilot visa interview programme in Africa might sound superficially attractive, but realistically these overseas domestic workers are not going to admit that their employer does not treat them well. Indeed, they might not even be aware of the real horrors that await them until they start work in this country. Their employer is hardly going to tell them beforehand that they are going to work 19 hours a day, sleep on a floor, have little food, no pay and no access to their passport. In any case, workers are already meant to be interviewed separately from their employers, so this is not a new measure. Likewise, an employer is hardly going to provide a contract giving the truthful details. Indeed, contracts are required currently, yet Kalayaan frequently finds cases where domestic workers’ terms and conditions of employment, including salary, are not in accordance with their contract. To be effective, contracts of employment must be easily enforceable in the UK; but as the noble Lord himself has said, and as the noble Baroness, Lady Hanham, said so forcefully in Committee, this is way out of the bounds of reality.
I welcome the reintegration plan with the FCO which will support overseas domestic workers who wish to return to their home country and rebuild their lives, but it does not help those who are currently enslaved. In the case of domestic workers employed by diplomats, diplomatic immunity makes it particularly hard for them to access justice. Earlier this month the Court of Appeal found that diplomatic immunity trumped trafficking when it refused the claim of two domestic workers found by the UK’s national referral mechanism to have been conclusively trafficked by their diplomatic employers.
We are now on the last day of Report on this landmark Bill. In this amendment we are not talking about huge numbers of people; we are talking about a few miserable, poor, abused people—usually women—who often have dependants relying on their support, who have been lured to employment here by ruthless and exploitative employers. These workers need a change in the law, and Peers today have an opportunity to make that a reality. As Kalayaan said in one of its excellent briefings, we need to protect, not to review. Today we have an opportunity to do that by passing this amendment.
My Lords, several of the amendments to this important Bill have been introduced as filling a gap in the legislation. That is especially true of Amendment 90. As the noble Lord, Lord Hylton, and the noble Baroness, Lady Royall of Blaisdon, have said, it will assist all private and diplomatic domestic workers by providing a measure of protection and flexibility otherwise lacking in the Bill. It will also enable those who have been victims of modern slavery to remain in the United Kingdom for a limited period while seeking alternative employment. That is why I am glad to have my name attached to the amendment.
On Monday my noble friend Lord Judd, when speaking about the global dimension of modern slavery, referred to a crisis of values suggested by the recent bishops’ pastoral letter entitled Who is My Neighbour? In this amendment we have one interesting example of a relatively small number of people who are our neighbours—namely, overseas domestic workers—as well as one means of taking a principled and value-based stand by offering them this modest help. The humane and sensible rationale for this amendment has already been so well argued that I have no need to detain your Lordships further, except to say that I am happy to be associated with it and to offer it my enthusiastic support.
My Lords, my name is also attached to this amendment and since the start of the Bill it is one of the areas of this legislation that I have been most concerned about. Nobody could have failed to be moved by the television programmes that we have seen, the reports that we have heard, and the work done by Kalayaan, which has been very much hampered by the fact that the changes to the visa system took place in 2012.
In this 21st century it is absolutely unacceptable that people are coming in to this country tied to an employer, unable to do anything for themselves and absolutely under the instruction of the person for whom they are working and who has brought them into the country. We would not stand for this for a second if things were otherwise. It is time that we stopped standing for it. We desperately need to make the changes that will enable people who come here to feel reasonably free, reasonably able to live in this country and reasonably able to know that if things go horribly wrong with their employer—as so many of these cases clearly do—there is some redress to somebody who can help them and there is some way out.
When talking to Kalayaan, which deals with the forefront of the work that goes on, it is clear that under the current situation it feels completely helpless to ensure, first, that people can get to it and secondly that if people do come, it can do anything to help them. In Committee, I pointed out that one of the systems in place to help domestic workers know what to do if they run into trouble is a card that is delivered to them if they are lucky—if it does not go into the pocket of their employer—at London airports. It gives them the telephone number of ACAS and a couple of other telephone numbers that they can ring up if they are in trouble. Most of these people have their telephones taken away from them. They do not have access to a telephone. They do not know people in this country. They cannot get out of the premises or the property in order to find other people.
The Minister has a reputation for having responded sympathetically, pragmatically and sensibly to all the issues that have been brought up. The number of government amendments that have come through over the past few weeks has been amazing. I pay tribute to him for the fact that he and the Minister in the other place have listened. I say now, please, will the Minister do this one further thing and listen to this particular problem? It is absolutely germane to modern slavery. It is one of the elements of modern slavery that we cannot overlook. I think this House will really not have shown itself at its best if we do not manage to pass this amendment, which will help—it will not do the trick but it will help other organisations help those who need it.
The mischief, of course, was the change to the visa system in 2012. I understand why—I understand the need to control immigration—but I do not think that we are going to break the bounds of numbers if we help and look after these people. We are not asking that they should stay in the country for ever. What we are asking is for the Government to say that this country does mind about what happens to people who come into it, particularly when they have no means of helping themselves. I very much hope that in his response to what has been put forward today, the Minister will be able to reassure us that the Government will take this amendment on board.
Finally, I think a review is splendid. It is one of the ways of shifting responsibility off to another day. I can see that it would be very nice to have a perfect review of all the implications but there are at least two, if not three, very well thought-out reports already. The Joint Committee on the Bill, on which I sat, went into this in great detail. I do not think we will miss very much if the Minister says that the review could take place but in the mean time agrees to the amendment, which I support.
(9 years, 9 months ago)
Lords ChamberCertainly; the latest statistic we have is that 92% of people are held for less than six months, and about 48% for less than 42 days. We want that to come down because, as I say, this is used very much as a last resort. In relation to children, as a result of action taken in your Lordships’ House children are, fortunately, no longer detained in immigration removal centres, and that is a good thing.
My Lords, in view of the concerns expressed only last Friday by the Joint Committee on Human Rights about women and girls who claim to have been victims of violence and are detained at Yarl’s Wood under the fast-track process, can the Minister tell us whether the Government have any plans for a screening process for people in that position?
This is subject to a very careful screening process, and the decision to send someone to Yarl’s Wood is not taken lightly. There are medical reviews by a GP and reports are provided to the caseworkers before any decision is made. The point is that these are people who have overstayed their stay, their asylum immigration applications have been denied and, therefore, they are about to be deported imminently. That is the reason they are there. However, that does not mean that they should be treated with anything less than the highest standards of dignity and respect.
(9 years, 9 months ago)
Lords ChamberThe noble Lord, Lord Laming, speaks with great experience in these areas, and he is absolutely right that the terms of reference are critical. The Inquiries Act 2005 stipulates that the terms of reference must be drawn up with the chairman of the panel. I know that one of the first things that the Home Secretary will turn to is what the scope of the panel should be, so that we can ensure that we get to the truth as quickly and as expeditiously as possible.
My Lords, I am afraid that this is not a question but a brief statement, if I may. On behalf of the Church of England, we welcome—
Thank you very much. Would the Minister agree that we in the Church of England welcome this inquiry hugely as well as the appointment of a new chair? We acknowledge our own failures as a church in the past, and assure the House that we have already instituted our own inquiries well in advance of the establishing of this panel. We will of course co-operate with the panel in absolutely every way we can.
We are grateful for the right reverend Prelate the Bishop of Carlisle’s statement on that. I do not think that any of us can claim to have got it absolutely right. The important thing is that we get it right going forward for the survivors.
(10 years, 5 months ago)
Lords ChamberMy Lords, I agree with the noble Lord, Lord Willis, that the quantity of legislation does not equate to its quality. As we have already heard, we doubtless all agree that the noble Earl, Lord Howe, and the NHS deserve a bit of a rest. However, there are none the less those who regret the fact that so little of the gracious Speech related directly to health. For instance, the charity Age UK expressed its disappointment that an opportunity was lost to put in place safeguarding legislation that would have helped prevent the abuse of older people. Certainly, as the noble Lord, Lord Patel, has already reminded us, the statistics are shocking. Every hour, more than 50 older people are neglected or abused in their own homes by family members, friends, neighbours or care workers. In the course of a year, that means that about 500,000 older people are abused in the UK, which is 5% of the older population.
In addition, the General Medical Council is concerned about the lack of any reference to the regulation of health and social care professionals Bill. This is regarded by many as a once in a generation plan for much needed medical regulation. The GMC observes that if the Bill does not pass before the general election next year, it will be a significant missed opportunity. I agree and hope that we may receive some assurance on this point.
However, like my friend the right reverend Prelate the Bishop of Derby, I am delighted that the modern slavery Bill was highlighted in the Queen’s Speech. We have already heard that many others in your Lordships’ House share my enthusiasm for its various provisions. In particular, I am grateful that law enforcement will be better equipped to prevent the distressingly widespread incidence of modern slavery and note the proposed increase in penalties for perpetrators of slavery or trafficking. There is also a promise that the Bill will provide statutory guidance on victim identification and victim services. That is excellent, but it raises three health-related issues to which I will draw your Lordships’ attention.
First, there is the question of potential payment by immigrants for NHS services. This could be used by traffickers as yet another lever in their exploitation of today’s slaves. I hope it may be possible to disseminate a very clear message—for instance, through posters on buses and tubes, television advertisements and so on—that trafficked individuals will not be penalised for attending healthcare facilities.
Secondly, over the past two years, there have been some instances of people being trafficked for the harvesting of their organs. Your Lordships may know that the churches have been working closely and successfully with the NHS to increase numbers on the organ donor register. That campaign has included making next of kin more aware of their relatives’ intentions. This campaign needs to continue and should help militate against organ trafficking, but there will also be a pressing need to alert the public and health professionals to this nefarious trade.
Thirdly, with regard to victim identification, NHS staff may often be the only point of contact that trafficked individuals have with society. That is why it is so essential that front-line staff are properly trained to recognise the signs of trafficking, not least in children. Of course, the healthcare professionals who are sometimes best placed to do this by virtue of their wide-ranging brief and their interpersonal skills are hospital chaplains. This is just one of many reasons why the significant reduction in chaplaincy hours by some trusts seems to be short-sighted and ill advised.
There were some other health-related issues in the gracious Speech which warrant attention and raise important questions. For example, while there is a welcome extension of free school meals, which will improve the health of thousands of children, it is not at all clear where the age cut-off will come. No doubt further detail will be forthcoming in due course. While paying tribute to the magnificent work done by so many in the NHS, I trust that the relative lack of emphasis on health in the gracious Speech will not mean any diminution of attention by Her Majesty’s Government to the huge and crucial issues that we all face in this area.