Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020

Debate between Lord Brougham and Vaux and Baroness Kennedy of Cradley

Wednesday 23rd September 2020 Lords Chamber

[Baroness Kennedy of Cradley (Non-Afl)]

My Lords, I declare an interest as the director of Generation Rent. I thank the noble Baroness, Lady Grender, and the noble Lord, Lord Ponsonby, for tabling these Motions, both of which I support. Because of the pandemic, rent debt is piling up for thousands of renters. Yes, the Government have given welcome support, but the scale of the rent-debt crisis means that much more is needed. Rent arrears have doubled, and that is before the end of the furlough scheme. However, when the Government were asked what estimates they have made of the number of private renters in arrears as a result of the pandemic, they were unable to answer. Therefore, I ask the noble Earl to answer that question today.

In addition, will he agree to review why the Government do not collect data on the number of Section 1 notices served or how often different grounds for eviction are used, especially as Sections 21 and 8—ground 8—are mandatory grounds for eviction, over which judges need to be given discretion? Without this, the information on Covid-19 that the Government have asked to be supplied cannot be used to good effect. The lack of government data on private renters as regards evictions has led to gaps in support, such as the issue raised today by the noble Baroness, Lady Grender.

Yes, the Government have given a six-month notice period, but it applies only to renters giving notice from 29 August. If you were handed a notice before this date, the six-month extension does not apply. If reactivated, your eviction will progress. Therefore, will the noble Earl agree to review and remedy this gap in support?

In conclusion, the situation for many renters is as follows: if they have little or no income, or not enough benefits to cover their rent, what are they to do? The rent just cannot be paid. If you are then asked to leave your property by your landlord but have accumulated rent debt, how do you move on? How do you get a deposit for a new home? How do you find a landlord who will take you on? Unless the Government step in with additional legislative and financial support, which will help renters and landlords alike, homelessness is the only option for many renters with rent debt and eviction notices. I urge the Government to act.

[The Deputy Speaker (Lord Brougham and Vaux) (Con)]

The noble Lord, Lord Singh, is not with us, so I call the noble Baroness, Lady Bennett of Manor Castle. Are you there? I call the noble Lord, Lord Whitty. Please unmute.

Modern Slavery Bill

Debate between Lord Brougham and Vaux and Baroness Kennedy of Cradley

Monday 23rd February 2015 Lords Chamber

[Baroness Kennedy of Cradley (Lab)]

My Lords, this amendment seeks to remove the inclusion of the reasonable person test before the non-prosecution defence applies to children.

I thank the Government, particularly the noble Lord, Lord Bates, and the noble Baroness, Lady Garden of Frognal, for the constructive way in which the debate on a statutory defence for children has been carried out; for listening to and engaging with noble Lords, NGOs and others on the issue; and for the welcome improvements in the statutory defence clause that the Government have made along the way, particularly in relation to children. But, and there is always a “but”, I am moving this amendment because I still believe that the addition of the reasonable person test for children, first, is another test of compulsion and therefore not in line with international law, and, secondly, adds a further test that goes further than our current case law and CPS guidance.

I welcome the Government’s amendment to the statutory defence, Amendment 49, tabled on Report, which removes the need to prove that there was not a realistic alternative and shifts the burden on to the prosecution to prove beyond reasonable doubt that a reasonable person would not have committed the crime. However, the child still has an obligation, in raising the statutory defence, to set out the facts of their case. In persuading the jury to put themselves in their shoes, the child will have to show that they were forced to commit the offence for the jury properly to understand what the child was going through. The reasonable person test is therefore another test of compulsion, and is not in line with the rest of the Modern Slavery Bill or with the UN Committee on the Rights of the Child, which in July 2014 urged the Government to establish,

“a clear obligation of non-prosecution in the criminal justice system”,

and ensure that children,

“are treated as victims rather than criminals by law enforcement and judicial authorities”.

That highlighted the need for the statutory defence to be suitable for children—for a child to be treated as a child. A child should never have to prove that illegal means have been used to coerce them into trafficking or slavery to achieve legal protection in the way that an adult may have to, which is why our colleagues in Northern Ireland, in the Northern Ireland Human Trafficking and Exploitation Act, which received Royal Assent in January this year, retained the reasonable person test for adults but removed it for children. They acknowledged in the memorandum to the Act that this was done so that their Act was compliant with the UN Convention on the Rights of the Child and the child would not have to prove compulsion. They believed, as I believe, the reasonable person test to be a test of compulsion, and therefore removed it for children. If they do not need this extra test, why do we?

The reasonable person test is also not in line with current UK case law. As we have discussed in this Chamber, in the landmark case of R v L and others, the Lord Chief Justice and his colleagues pronounced that two questions must be addressed for the non-prosecution principle to apply to child victims: age and whether the criminal offence is,

“consequent on and integral to the exploitation”.

This is mirrored in the current CPS legal guidance on human trafficking and smuggling with regard to children where only two tests—age and direct consequence of—are necessary for a non-prosecution defence to apply. Adding a third test, a reasonable person test, therefore goes further than existing law. When the CPS guidance is rewritten following the passage of the Bill, it will be tougher than it is now. Why do we need to go further?

Can the Minister assure the House about non-legislative measures in the application of the statutory defence? Can he ensure that the CPS consults stakeholders and NGOs, including UNICEF, on any new guidance to prosecutors and reviews other relevant guidance to ensure coherence and consistency across the board? Will he ensure that the CPS trains prosecutors on the implications of the new Act and seeks technical assistance from specialists in the trafficking field if required to develop and deliver training that will cover both adults and children? Will he liaise with all law-enforcement agencies, make them aware of the new legislation and ensure there are plans to adapt existing policy and guidance to comply? Having sought these assurances, I beg to move.

[The Deputy Speaker (Lord Brougham and Vaux) (Con)]

My Lords, if this amendment is agreed to, I cannot call Amendment 49 because of pre-emption.