All 16 Debates between Lord Cashman and Baroness Williams of Trafford

Wed 7th Dec 2022
Thu 3rd Feb 2022
Nationality and Borders Bill
Lords Chamber

Lords Hansard - Part 1 & Committee stage: Part 1
Mon 21st Oct 2019
Fri 1st Feb 2019
Wed 9th Nov 2016
Policing and Crime Bill
Lords Chamber

Committee: 4th sitting (Hansard - part two): House of Lords & Committee: 4th sitting (Hansard - part two): House of Lords
Tue 1st Nov 2016

Strike Action

Debate between Lord Cashman and Baroness Williams of Trafford
Wednesday 7th December 2022

(1 year, 11 months ago)

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Lord Cashman Portrait Lord Cashman (Lab)
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My Lords—

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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My Lords, looking at my notes, I see that it is the turn of the Conservative Benches.

Nationality and Borders Bill

Debate between Lord Cashman and Baroness Williams of Trafford
Lord Cashman Portrait Lord Cashman (Lab)
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It was also particularly in relation to LGBTQI people placed in those situations.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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Yes, I totally concur with the noble Lord’s point.

I turn to the judgment on Napier, mentioned by the noble Baronesses, Lady Lister and Lady Neuberger, the right reverend Prelate the Bishop of Durham and the noble Lord, Lord Dubs. The judgment on Napier was reached on the basis of the conditions on site prior to the significant improvement works we carried out and the measures we put in place as a result of the Covid-19 pandemic. The court did not make any findings that the accommodation centres were unsuitable for providing support to asylum seekers who would otherwise be destitute. Indeed, the Nationality, Immigration and Asylum Act 2002 specifically provides for this type of accommodation. The Napier site provides full-board facilities with meals and other essential items provided, as well as access to essential local services such as healthcare. I have been through the improvements that have been put in place. I am most grateful to the right reverend Prelate the Bishop of Durham for reporting back on his visit there last week. He did not have me wandering around after him showing him the best bits; he was free to go in, report and make suggestions to me on the back of that visit.

I hope I have given a fulsome response to the Committee, for the reasons that I have outlined, about the need to ensure that we can support asylum seekers appropriately but also encourage—

Abolished Offences

Debate between Lord Cashman and Baroness Williams of Trafford
Wednesday 9th June 2021

(3 years, 5 months ago)

Lords Chamber
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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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As a Mancunian, I have every praise and admiration for Alan Turing, who was one of many LGBT people to change the world. We do not want people being persecuted—that is precisely what we do not want—but we do not want unintended consequences from the laws that we make.

Lord Cashman Portrait Lord Cashman (Non-Afl) [V]
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My Lords, it has been four and a half years and the work has been done, and we must move forward on these issues which blight the lives of women and men. Professor Paul Johnson has sent my Private Member’s Bill to the Home Office, which was not drawn in the ballot. It deals specifically and systematically with these pardons and disregards. I therefore urge the Minister, for whom I have the highest regard, to move on this issue and publish a timetable for the regulation. Otherwise, the Home Office could join the growing narrative from the Government which might be described as stoking a cultural war against the LGBT+ community, or, at best, a callous disregard for them.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I thank the noble Lord, for whom I also have the highest regard; we have worked very constructively over the years. I have his Bill in my pack and look forward to reading it. He is absolutely right to say that this is about women and men—it is equality before the law that is so important. On the timetable, I know that we are doing a review of the offence of soliciting and intend to publish the outcome during the summer. The noble Lord will also know that two Bills are coming up, and I am trying to gauge whether the timetable for those would be in line with the outcome of the review.

EU Settlement Scheme

Debate between Lord Cashman and Baroness Williams of Trafford
Wednesday 23rd October 2019

(5 years, 1 month ago)

Lords Chamber
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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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My Lords, the word “deportation” is crucial here. EEA citizens who do not apply to the EU settlement scheme by the deadline will not be acting unlawfully in the same way that clandestine entrants, arrivals or overstayers do. They will not have knowingly entered the UK in breach of the UK Immigration Acts or overstayed their leave. From 2021, EEA citizens will need to hold either an EUSS leave, a Euro TLR or an immigration status under the new immigration system.

Lord Cashman Portrait Lord Cashman (Non-Afl)
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My Lords, the evidence given to the EU Justice Sub-Committee on this very issue outlined the deep concern that members of this settled scheme will not have physical proof—a card or anything else—that proves that they are a member of this scheme. Following Windrush, they are deeply concerned that their only proof will be online, and they will not have any access online other than to refer to such a registration.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I have heard this concern time and again. I can understand how some people might feel that a physical document was somehow more secure and better proof of status. However, in actual fact everyone gets a letter or an email, and the digital status—or token, if you like—is actually a far more secure way of proving status. I acknowledge the concerns that arise when people do not have a physical document in front of them, but they do receive a letter.

Visas

Debate between Lord Cashman and Baroness Williams of Trafford
Monday 21st October 2019

(5 years, 1 month ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I outlined the visa acceptance grant rates, which are extremely high— 98% for tier 2—and the speed at which they are granted. I think 97% are now granted within the 15-week service standard.

Lord Cashman Portrait Lord Cashman (Non-Afl)
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My Lords, the noble Earl raises a very serious issue with his Question. Across the creative industries and the talent unions, there is concern about being able to forward plan programmes and artistic festivals. Will the Minister consult with talent unions and the creative industries to ensure a degree of certainty in these visa applications?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I thank the noble Lord for that. I misspoke in my previous answer: I said “15 weeks” when I meant 15 days. The whole point of a visa system is not to deter people or keep them out but to encourage the creative industries from around the world, while keeping our borders under control.

Intersex Citizens

Debate between Lord Cashman and Baroness Williams of Trafford
Monday 9th September 2019

(5 years, 2 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I do not know whether my noble friend knows this, but the LGBT survey we conducted had 108,000 responses—the largest of its kind ever undertaken in the world. Almost 2,000 respondents identified as intersex. However, my noble friend is right: that proportion is a snapshot of those who responded. People have been calling for the census to record this; there will be the opportunity to do just that in the next census.

Lord Cashman Portrait Lord Cashman (Non-Afl)
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My Lords, intersex people face widespread discrimination. What steps are the Government taking to ensure awareness of the human rights of intersex people? Will the Government ensure appropriate training on intersex issues for health professionals and public officials, including legislators, the judiciary and policymakers?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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The noble Lord raises an issue which stems, in many cases, from ignorance. People mix up intersex with transgender: they are entirely different. Intersex is neither a sexual orientation nor a gender identity issue. He is absolutely right that more information and education on this needed, as is more training for medical professionals—an issue which many intersex respondents brought up in the call for evidence.

Homophobic Attacks

Debate between Lord Cashman and Baroness Williams of Trafford
Wednesday 26th June 2019

(5 years, 5 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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My Lords, I do not think I have ever shied away from this issue at the Dispatch Box. In fact, I quoted my right honourable friend the Home Secretary in saying that the police had faced unprecedented demands in the last couple of years, particularly from terrorist crimes. He has now pledged over £1 billion to enable the police to recruit an additional 20,000 police officers. I do not think he has ever tried to deny that there have been unprecedented demands on the police.

Lord Cashman Portrait Lord Cashman (Non-Afl)
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These attacks are a brutal reminder of inequality, where people are stabbed, beaten and abused for showing affection. I will make an observation and then ask my question. We are in dangerous territory indeed when some politicians seeking high office talk of sacrificing LGBT rights and the Secretary of State for Education hesitates before defending and supporting head teachers on relationship and sex education guidelines. What will the Government do to address their own findings that more than two-thirds of LGBT people fear discrimination on the streets, and how will they ensure that crimes based on someone’s sexual orientation, gender identity or disability are treated equally to those based on race and faith?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I totally agree with the noble Lord’s points on inequality. While I have the opportunity, I wish Stonewall a happy 50th birthday. He is absolutely right that two-thirds of LGBT people feel they cannot express love for their partner in public; this was borne out in the survey that we carried out involving 108,000 people, the largest such survey in the world. On his point about head teachers too, I totally agree. Teachers should—and will—be able to teach children about the different types of relationships that exist in our world. As I mentioned at the Dispatch Box last week, comments in the press such as “Four year-olds are being taught about gay sex” completely misrepresent the situation.

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I apologise for saying 50 instead of 30—

Lord Cashman Portrait Lord Cashman
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It is both.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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So we are both right: that is good; I was convinced it was about the same age as me—49, obviously. The noble Baroness is absolutely right. I am proud that this is such a tolerant country, a country so committed to equality. You will not find a finer example of tolerance and equality around the world than the UK.

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Debate between Lord Cashman and Baroness Williams of Trafford
Baroness Williams of Trafford Portrait The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
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My Lords, I want to take this opportunity to commend my noble friend Lady Hodgson of Abinger, who is quite a trooper when it comes to pressing on regardless. I wish her well and hope that she has good rest over the weekend, having fought the good fight today to bring further equality with civil partnerships for opposite-sex couples.

I fully support my noble friend’s amendments. As she said, the Government had some concerns about the drafting of Clause 2, but not the intentions behind it. I am pleased that the drafting of this amendment has been improved in a way that is satisfactory both to the Bill’s sponsors and to the Government. I hope that we have arrived at an amendment that works for everyone and is able to deliver a comprehensive and effective opposite-sex civil partnerships regime at the earliest opportunity.

The Government are committed to equality for all, and we were pleased last October to announce our intention to extend civil partnerships to opposite-sex couples. As my noble friend has outlined, the amendments make it possible to equalise access to civil partnerships between same-sex and other couples by amending the eligibility criteria in the Civil Partnership Act 2004 through regulations.

A couple of noble Lords mentioned that the Delegated Powers and Regulatory Reform Committee and the Constitution Committee expressed concerns about the drafting of Clause 2. I hope that our amendments go some way towards alleviating those concerns. The new clause now sets out in much greater detail how we envisage the delegated powers would be exercised, including dealing with issues such as parental responsibility, the effect of a legal change of gender, the financial consequences of a partnership and any conversion entitlements. I take the point made by the noble Baroness, Lady Barker, and the noble Lords, Lord Collins and Lord Cashman, about Henry VIII powers, but I hope that I can satisfy them at least in part. The noble Lord, Lord Cashman, is shaking his head—but perhaps when I have said what I have to say he will be happier.

The powers are needed to give opposite-sex couples equivalent rights and benefits to those enjoyed by same-sex couples. Simply changing the eligibility criteria in the Civil Partnership Act 2004 would not ensure this. Both the noble Baroness, Lady Barker, and the noble Lord, Lord Cashman—and, I think, the noble Lord, Lord Collins—were concerned about subsection (3) and the possibility of extending civil partnerships to siblings. We have no intention of using the subsection to extend civil partnerships to siblings or family members. My noble friend Lord Lexden, who lives in hope that one day we may do so, has clarified that. Subsection (1) makes it clear that the extension of eligibility applies to opposite-sex couples only, as the noble and learned Lord, Lord Brown of Eaton-under-Heywood, said, and, as drafted, would stand in the way of extension to siblings.

The noble Lord, Lord Cashman, asked me about other European countries—I am sorry, it was the noble Lord, Lord Collins. I do not know why I am mixing the two of them up today. Both their names begin with C. They are the dynamic duo.

Lord Cashman Portrait Lord Cashman
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It might help the Minister if she realises that the noble Lord, Lord Cashman, has rather less hair than the noble Lord, Lord Collins.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I know. I have observed that over time—but I am still mixing the noble Lords up.

I do not know the answer the question about other European countries, so I shall write to the noble Lord before Report and place a copy of the letter in the Library.

Any regulations made in the exercise of all these powers will be subject to affirmative resolution and therefore to parliamentary debate and approval.

The noble Baroness, Lady D’Souza, asked whether one could have a civil partnership and a marriage. It is not possible to marry if you are in a civil partnership: nor is it possible to form a civil partnership if you are already married. However, it is possible to convert a civil partnership into a marriage—but the civil partnership would then end.

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Lord Collins of Highbury Portrait Lord Collins of Highbury
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My Lords, I have added my name to this amendment and support it whole- heartedly, and I do not believe that we are striking a discordant note. I think the opposite. We are asking a question to which people are seeking an answer. I do not profess for one moment that we necessarily have it right, but it is really important that we have this debate, especially as we are now talking about marriage being dissolved so that people can go into another form of relationship. The nature of relationships is changing, and the state is catching up.

I say from the outset that no politician or parliament should dictate to a religious organisation what it should or should not do. In fact, that is precisely why we tabled the amendment. In the 2013 Act, we had what people have called the triple or quadruple lock. People said that it was unacceptable. The debates on the 2013 Act are fresh in my mind and some of them I found personally difficult, but I recognise that the Church of England in particular has been on a journey, travelling quite fast and, in my opinion, in the right direction. I also remember the debates on the Civil Partnership Act, when the Church of England opposed it. I know that the most reverend Primate has apologised for some of the positions that the Church took when that Act was proposed, referring to those debates.

I do not know whether the Church has been issuing information about the amendment but, for the first time in my life, I have received emails from local vicars across the country expressing disquiet—who do I think I am forcing this abominable Act on the Church? As I said, I do not want to force anything on any religious institution, but I recognise that people of faith are gay. That is not restricted to lay people, it embraces everyone.

On Second Reading, I deliberately quoted the most reverend Primate in my speech. I think it is worth repeating because it goes to the heart of the debate on the Bill. I said:

“In his recent book … the most reverend Primate … tells us that the Bible’s teaching on marriage is profoundly positive but, he notes, the social reality in modern Britain is radically changed today, with cohabiting, blended, single-parent and same-sex configurations. He continues: ‘If fluidity of relationships is the reality of our society, then this should be our starting point for building values, because all values must connect with where people are and not where other people might like them to be’”.


That is the question for the Church of England. If it does not catch up, people will go somewhere else. My noble friend would certainly welcome many such people, keen for their values to be recognised, into his church. Of course, the most reverend Primate talked about those values. As I said at Second Reading:

“According to the most reverend Primate himself, ‘in Christian understanding, the core concepts of households and family include holiness, fidelity, hospitality and love above all, because God is holy, faithful, welcoming and overflowing in love, and any human institution that reflects these virtues also in some way reflects God’”.—[Official Report, 18/1/19; col. 427.]


When we adopt the Bill, I am sure that civil partners will reflect those values; many people in same-sex marriages certainly hold those values, as we have heard. If the Church does not catch up with them, they will go somewhere else.

I recognise that the Church is on a difficult journey because of the strong beliefs referred to by the right reverend Prelate. Clearly, there are divisions there, as there are in our society, but I know that the journey we have been on since the introduction of civil partnership has transformed our society. I remember the debates on the same-sex marriage Bill. People said that it would be a disaster, that society would collapse and that the situation would be terrible. Well, that has not happened. People recognise the value of those relationships in making a much stronger society where we can love in communities.

Instead of setting a discordant note, I hope that asking the question today will help not only the Church of England but other religious institutions to catch up with the reality: people of the same sex can love each other in a very rewarding way.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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My Lords, I thank all noble Lords who contributed to the debate. In particular, I thank the right reverend Prelate the Bishop of Chelmsford for his remarks, which give everyone hope in the context of today’s debate. I recognise the depth of feeling among Members of both Houses and people around Parliament, but I am afraid that I must resist the amendment in the names of the noble Lords, Lord Faulkner of Worcester and Lord Collins of Highbury.

As noble Lords have said, the amendment seeks to amend the Marriage (Same Sex Couples) Act 2013 to remove the exemption for members of the clergy from solemnising the marriage of same-sex couples. The 2013 Act provided an opt-in system so that same-sex marriages can occur only on religious premises, or under religious rites, where the governing religious body has expressly consented. There is no requirement to give such consent.

We have always been clear that no religious organisation should be forced to marry same-sex couples—I think the noble Lords made that clear—or to host civil partnerships. A number of religious organisations have chosen to opt in by providing blessings and, again, the right reverend Prelate the Bishop of Chelmsford gives us hope when he talks about the process of living in love and faith that the Church of England is currently going through. We hope that more organisations will do that in the future, but it is right that it should remain a decision for them. It is not for the Government to mandate this through regulations.

The noble Lord, Lord Collins of Highbury, raised this issue at Second Reading. He urged the Church of England to permit same-sex couples to have a blessing of their marriage. In response, the right reverend Prelate the Bishop of St Albans said:

“I will resist the temptation to widen the debate beyond the scope of the Bill … I do so because I want us to focus absolutely on what we are trying to deliver”.—[Official Report, 18/1/19; col. 432.]


That is a good message for today but it does not preclude our having other debates on the points made by the noble Lord. I do not, however, believe that they are relevant today. Indeed, the danger is that they will confuse matters if we go beyond the scope of what we are trying to do.

This is a multifaceted Private Member’s Bill and we should keep it as simple as possible. I hope the noble Lord will withdraw his amendment.

Lord Cashman Portrait Lord Cashman
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My Lords, I should like to make two points. First, my name is also attached to the amendment. Secondly, inequality, by its very nature, is multifaceted. We should not back away from the challenge that it presents.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I apologise to the noble Lord; I completely forgot to mention him.

Visas: Certificates of Sponsorship

Debate between Lord Cashman and Baroness Williams of Trafford
Thursday 13th September 2018

(6 years, 2 months ago)

Lords Chamber
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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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What I can do for my noble friend is check up on the advice that is given, but I am sure we are looking around this issue. I am sure that the advice is clear: we do not want artists who enrich our lives and our society to be impeded in any way.

Lord Cashman Portrait Lord Cashman (Lab)
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Will the Minister agree to consult with the talent unions such as the Musicians’ Union and Equity, which are often consulted on and engaged in the international exchange of talent?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I know that the Government have been engaging with the sector. I shall double-check with the talent unions and if they have not been engaged with I shall make that suggestion.

Homosexual Activities: Pardons

Debate between Lord Cashman and Baroness Williams of Trafford
Thursday 17th May 2018

(6 years, 6 months ago)

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Lord Cashman Portrait Lord Cashman (Lab)
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My Lords, I beg leave to ask the Question standing in my name on the Order Paper and refer noble Lords to my entry in the register of interests.

Baroness Williams of Trafford Portrait The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
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My Lords, the Government are committed to tackling the historic wrongs suffered by gay and bisexual men and are actively considering with partners possible extensions to the list of offences eligible for a disregard or pardon in line with commitments made during the passage of the Policing and Crime Act 2017.

Lord Cashman Portrait Lord Cashman
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My Lords, before responding, I congratulate the Government on flying the LGBT rainbow flag from government buildings on this, the International Day Against Homophobia, Biphobia and Transphobia. I cannot help but reflect that the country is a very different place from the one where, 30 years ago, Section 28 was introduced.

I know that the noble Baroness is deeply committed—and so, too, are officials—but I am extremely frustrated that, 17 months ago, this House passed provisions to enable the Protection of Freedoms Act 2012 to be amended so as to extend the disregard scheme in England and Wales. These provisions have not been used and, as a consequence, gay and bisexual men continue to live with convictions and criminal records, which blight their lives and futures, and for which there is a human cost. Therefore, will the Government use the power that they have to end the misery still inflicted by old homophobic laws and set up a task force to address these provisions? Will the Minister commit to return to the House with a timetable to implement the provisions?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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As the noble Lord knows, I totally share his frustration. I also note that he has spotted the flags flying on government buildings today for what is strangely known as IDAHOBIT day—the International Day Against Homophobia, Biphobia and Transphobia. I also share the anxiety that there are still people today who are being discriminated against and losing their job because of discrimination. As he knows, we abhor discrimination of any kind. He knows that I am pressing for a parliamentary timetable, and I want to continue to work with him in terms of looking at those laws—some of which are more complex than others—to try to disaggregate and deal with some of the outstanding matters.

Sexual Offences Act 1967

Debate between Lord Cashman and Baroness Williams of Trafford
Tuesday 18th July 2017

(7 years, 4 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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My Lords, there are not many badgers in the House of Lords but one might see the odd mouse. My noble friend makes a very valid point. Northern Ireland might peer south to southern Ireland, which has just elected its first gay Taoiseach, Leo Varadkar, the son of an Indian Immigrant. That is progress indeed. I join my noble friend in paying tribute to the late Lord Arran. Civil partnerships have been legal in Northern Ireland since 2004, but we encourage it to introduce equal marriage. There are currently two challenges to bans on same-sex marriage in Northern Ireland. Ultimately, it is a devolved matter but we continue to encourage it.

Lord Cashman Portrait Lord Cashman (Lab)
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My Lords, I join with the words of my noble ally Lord Lexden. In continuing the process of righting wrongs, will the Government exercise the power contained in Section 166 of the Policing and Crime Act 2017 and, in so doing, add to the list of homosexual-related offences for which a living person can obtain disregards and pardons, most notably the grounds of solicitation by men and importuning and public order offences? That indeed would be a cause for great celebration.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I also pay tribute to the noble Lord, Lord Cashman, for the work that he did with me through the passage of that legislation. It was a very proud day indeed when the House of Lords made those things possible, although the other place may have received the accolades. The noble Lord is absolutely right that we need to look at other offences. However, it is also important that our consideration of them is robust as we do not want to create unintended consequences: that is, disregards for offences which would still be offences. There was a slight interruption with the general election although officials had started to engage with Stonewall. They have consulted the document that Professor Johnson kindly provided and they are again arranging meetings with Stonewall. I hope to update the noble Lord and the House in due course.

Asylum: Sexual Orientation

Debate between Lord Cashman and Baroness Williams of Trafford
Wednesday 14th December 2016

(7 years, 11 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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My Lords, I am not that Minister. However, I can say that the Home Office collects information that records whether a claim is based on sexual orientation, and it is likely to correlate with the claimant’s sexual orientation, although an individual may have an asylum claim that is quite distinct from their sexual orientation. The data are management information only—I can assure the noble Lord of that—and they do not form part of our published statistics because they have not been quality assured to a sufficient standard.

Lord Cashman Portrait Lord Cashman (Lab)
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My Lords, claiming asylum on the grounds of sexual orientation and gender identity is deeply intrusive and personal. Often claimants have to prove their sexual orientation by disclosing elements of their private lives. Therefore, given the noble Baroness’s commitment to issues of equality, will she work with organisations such as the UK Lesbian & Gay Immigration Group, Stonewall and others to ensure that the approach taken towards them is fair, just and balanced?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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The Home Office works, and continues to work, with groups like Stonewall, and we know that some of the training received by people who process claims has improved and that questions are much more sensitively put than perhaps some of the anecdotal evidence from the past suggests. The 2014 report of the Independent Chief Inspector of Borders and Immigration into the handling of sexual orientation claims praised our guidance.

Policing and Crime Bill

Debate between Lord Cashman and Baroness Williams of Trafford
Committee: 4th sitting (Hansard - part two): House of Lords
Wednesday 9th November 2016

(8 years ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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My Lords, I am pleased to be able, on behalf of the Government, to warmly welcome Amendments 214E, 214F, 214G, 239A and 246, and I congratulate the noble Lord, Lord Sharkey, on bringing them forward, as well as the noble Lord, Lord Cashman, who spoke so movingly.

As the noble Lord, Lord Sharkey, explained, these amendments broadly do two things. First, they confer an automatic pardon on deceased individuals convicted of certain consensual gay sexual offences that would not be offences today. Secondly, they confer a pardon on those persons still living who have a conviction for such an offence that has been disregarded under the terms of the Protection of Freedoms Act 2012. It is important to note that for the pardon to apply, the conduct in question must have been consensual and involved another person aged 16 or over, which is the current age of consent. The conduct must also not involve an offence of sexual activity in a public lavatory, which is still illegal today.

This historic step is momentous in righting wrongs suffered by thousands of gay and bisexual men. It is a tragedy that people were criminalised over a shamefully long time for something that society regards today as normal sexual activity. It is time to right the wrongs of the past and I am pleased to support the noble Lord, Lord Sharkey, in putting forward these amendments.

It is important that we link the pardons for the living to the disregard process so that the necessary checks can be carried out to identify whether the individual in question engaged in activity that constitutes an offence today. Since the disregard scheme under the Protection of Freedoms Act came into force, eight disregard applications that concerned non-consensual activity have been rejected. It is therefore crucial that a pardon for the living should only follow a successful disregard application. This mitigates the risk of individuals claiming to be cleared of offences that are still crimes today. It takes into account and protects the rights of victims and ensures that children and vulnerable people are safeguarded from potential risks. This is extremely important and an objective with which I am sure noble Lords would agree. It is for these reasons that the Government cannot commend to the Committee Amendment 214S in the name of the noble Lord, Lord Cashman.

The amendments in the name of my noble friend Lord Lexden seek to make corresponding provision for Northern Ireland. The Committee will be aware of the established convention that the UK Parliament legislates on devolved matters in Northern Ireland only with the consent of the Northern Ireland Assembly. Subject to observing that convention, the Government are ready to look favourably at amendments at a later stage of the Bill along the lines proposed by my noble friend.

I understand that on Monday of this week, the Ministry of Justice tabled an amendment to a legislative consent Motion before the Northern Ireland Assembly seeking its consent to the UK Parliament legislating on this matter. If the proposed legislative consent Motion can make sufficient progress over the next two to three weeks, I would anticipate that the Government will be able to work with my noble friend to come to an agreement before the Bill leaves this House. I should add that the Scottish Government have separately announced their intention to bring forward legislation in the Scottish Parliament.

I turn to Amendment 214R, which is again in the name of the noble Lord, Lord Cashman. The amendment seeks to extend the disregard scheme to include convictions for the soliciting offence in the now-repealed Section 32 of the Sexual Offences Act 1956. Under the current disregard scheme, for the now-repealed offences of buggery and gross indecency between men, it is a relatively straightforward matter to establish whether the relevant statutory conditions are met; namely that the other person involved in the conduct consented and was aged 16 or over, and the conduct would not now constitute the offence of sexual activity in a public lavatory. In contrast, the soliciting offence in Section 32 of the 1956 Act covered a broad range of behaviours and, as such, it is not a straightforward matter to formulate additional conditions to ensure that behaviour which would still constitute an offence today cannot be the subject of a disregard. It is likely that any such conditions would entail more than simply establishing facts—for example, whether the other person was aged 16 or over—and require a shift to making judgments as to whether an activity would be captured by a range of different offences today. This creates some practical challenges in accessing records in sufficient detail to make that judgment.

Lord Cashman Portrait Lord Cashman
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I have listened with great interest and have two points to make. First, a pardon does not remove a conviction from a record. The criminal activity remains on the record, so any employer making a heightened check can find what the conviction was for. I see no way in which, if we issued a pardon, it would put anyone at risk. Secondly, if there is a victim in any of these cases, and if we have managed to weed it out in the discharge process in relation to gross indecency and buggery, we should have the wit and wherewithal to approach this and find out how to apply exactly the same provisions and the same terms to the immoral purposes Section 32. Will the Minister commit at least to sitting down with me and the likes of Paul Johnson, from the University of York, and Stonewall, who have had great input into this, so that instead of protracting discussion of the problem, we can seek the solution?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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The noble Lord reminds me of a conversation that we had the other day. I quite happily undertake to meet him, Paul Johnson and other members of Stonewall to discuss this further. I was going on to say that, despite the challenges, I am ready to consider Amendment 214R further ahead of Report.

I conclude by congratulating the noble Lord, Lord Sharkey, but I also signal my happiness at finishing the work started by the coalition Government in recommending a pardon for Alan Turing. As a Mancunian, the situation he faced, and the fact that he ultimately took his own life, has saddened me for many years. Legislating in this Bill will speed up the delivery of a similar pardon for the thousands of gay and bisexual men convicted of now-abolished sexual offences. I look forward to the day—perhaps in a little over a month’s time—when this Bill is enacted and these provisions come into force. That will be a day we will all be able to celebrate. I commend the noble Lords’ amendments to the House.

Asylum Seekers

Debate between Lord Cashman and Baroness Williams of Trafford
Tuesday 1st November 2016

(8 years ago)

Lords Chamber
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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I have to confess to my noble friend that I have no idea how many languages are involved, but I can find out for her.

Lord Cashman Portrait Lord Cashman (Lab)
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My Lords, does the Minister agree that any civilised society is judged on how it treats those most in need? Is it not therefore unacceptable that refugees and others who are destitute have to rely on charitable organisations?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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My Lords, we are all doing our bit to help. With the agreement of the French, we have been in France helping to process some of the claims of people coming over to this country. If people, particularly asylum-seeking refugees, are to integrate into this country, we must, as the noble Lord says, make them welcome and all do our bit to help.

Civil Partners: Siblings

Debate between Lord Cashman and Baroness Williams of Trafford
Wednesday 9th September 2015

(9 years, 2 months ago)

Lords Chamber
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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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The noble Baroness makes a very valid point that the two relationships are in fact entirely different, and same-sex partners or married couples now have that protection in law which they previously did not have.

Lord Cashman Portrait Lord Cashman (Lab)
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My Lords, does the Minister agree that commitment to a civil partnership is not about financial incentive but is an emotional commitment, as well as a celebration of that partnership in wider society?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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The noble Lord is absolutely right—it is a far deeper commitment than just that of finance.

Caste Discrimination

Debate between Lord Cashman and Baroness Williams of Trafford
Wednesday 15th July 2015

(9 years, 4 months ago)

Lords Chamber
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Lord Cashman Portrait Lord Cashman (Lab)
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My Lords, in 2012, the United Nations Committee on the Elimination of Racial Discrimination in all its forms recommended to the United Kingdom,

“that the Minister responsible in the State party invoke section 9(5)(a) … in order to provide remedies to victims of this form of discrimination. The Committee further requests the State party to inform the Committee of developments on this matter in its next periodic report”.

I have two simple questions. When is the next periodic review and will the Minister comply with these recommendations?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I can confirm that this Government, elected only a few weeks ago, are actively considering the matter.