Domestic Abuse Bill

Lord Hunt of Kings Heath Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 25th January 2021 Lords Chamber

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, I am very grateful to the noble Baronesses, Lady Hamwee and Lady Burt, for a series of amendments throughout the Bill in relation to the work of the commissioner. This is clearly a crucial role and, like the noble Baroness, Lady Hamwee, I have been very impressed with the performance of the commissioner in her designate role.

It is clearly very important that the commissioner is able to be as independent as possible. In the update she gave to the Public Bill Committee on her work to map out domestic abuse services, she expressed very real concern about local authorities redistributing their funding simply to meet their statutory duty and therefore deprioritising those critical community-based services that can intervene earlier and prevent a survivor being forced to flee to a refuge. She spoke of her support for migrant victims of domestic abuse remaining undimmed and said that much more must be done to support those with no recourse to public funds. This is very promising in terms of someone who is prepared to be robust. That we have received a brief from her supporting a series of amendments to the Bill is ample evidence of the robust independence that is required.

While I believe that this is likely to be a highly pressurised full-time job, I wonder whether it is necessary to put such a requirement into statute, as Amendment 16 proposes. There might always be circumstances where a commissioner was appointed with excellent qualifications who also some had some other commitments, and I would not want to lose that flexibility.

--- Later in debate ---

[Lord Marks of Henley-on-Thames (LD) [V]]

My Lords, the Committee has every reason to be grateful to the noble Baroness, Lady Finlay, and the others who have tabled amendments in this group. We will all be grateful to the Government if they secure a positive response. It is not enough to thank the movers for the amendments, to acknowledge their importance and express concern, but not accept them. That would be an inadequate response. The symbiotic link between substance abuse, mental health issues and domestic abuse is so strong and all-pervading, as the noble Baroness has explained, that it needs to be specifically recognised in this legislation and met with positive statutory commitments to take every step that we can to ensure that the link is recognised and, as far as possible, addressed.

In May 2019, in a paper called the Dynamics of Domestic Abuse and Drug and Alcohol Dependency, published in the British Journal of Criminology, a group of distinguished academics drew together the literature on these issues in connection with the precursor of this Bill. They cited

“the findings of domestic homicide and serious case reviews … which reveal the pertinence of a ‘toxic trio’ of domestic abuse, mental health issues and drug and alcohol problems in cases where women or children are killed”,

and considered

“how substance use features in around half of intimate partners homicides in the United Kingdom”,

according to Home Office figures. They pointed out that the Government’s consultation paper

“Transforming the Response to Domestic Abuse followed suit, highlighting the ‘complex needs’ of those living with ‘drug and alcohol misuse, offending, mental illness and poverty’”.

The American Society of Addiction Medicine cites studies showing that victims and abusers are 11 times more likely to be involved in domestic violence incidents on days of heavy substance abuse, and that domestic abuse against women who are with men who drink alcohol is up to four times more likely than in relationships with men who do not drink or take drugs. World Health Organization figures suggest that 50% of men accused of killing their spouses were drunk at the time.

Research led by Professor Seena Fazel, professor of forensic psychiatry at Oxford University, and published by the Public Library of Science, tracked 140,000 men who had been clinically diagnosed with a drink or drug problem and analysed how many had been later arrested for domestic abuse offences. For those dependent on alcohol, the figure was six times higher than the average; for those with a drug problem, the figure was seven times the average. The study also found an increased risk of partner violence among men with mental illnesses and behavioural disorders, and an interrelationship between mental disorders—particularly ADHD, personality disorders and clinical depression—and the use of drugs as coping strategies, as well as with the perpetration of domestic violence, hence the description of the “toxic trio”.

No one is suggesting that substance abuse is or ever can be an excuse for domestic abuse. However, the relationship between the two is undeniable. It does, of course, work both ways, on victims as well as abusers. The British Association of Social Workers, in its extremely well-presented guide for social workers, Substance Use and Domestic Abuse, cites research demonstrating that victims of physical or sexual domestic abuse have an increased likelihood of alcohol or drug abuse, but it also points out that the substance abuse may predate the abusive relationship. It says this about the position of victims:

“For some victims of abuse, during times of turmoil, substances may be the only constant in their lives that they can depend on. Perpetrators may also use substances to control their victims, in such ways as limiting victim’s access to substances, demanding sex for substances, or using substances as an apology after an abusive episode. Among victims of abuse, the relationship with their partner may be intertwined with their relationship with substances, making separation more complex.”


Most of this work is relatively recent. Society as a whole is hidebound by outdated attitudes and prejudices around domestic abuse, and these are only now being dissipated. They extend to the judiciary—a matter currently under consideration by the Court of Appeal in a case that started last week—and these questions came under close consideration by the Ministry of Justice in its paper last June Assessing Risk of Harm to Children and Parents in Private Law Children Cases. The Bill represents a major step along that journey. I urge the Government to accept all these amendments to bring a sharp focus on what are undoubtedly complex and difficult inter-relationships, but ones which lie at the heart of tackling domestic abuse.

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, I am glad to have put my name to these amendments and I thank the noble Baroness, Lady Finlay, for outlining the complex and troubling relationship between alcohol and domestic abuse. I also fully endorse my noble friend Lord Brooke’s wise remarks. He has been a tireless campaigner on this for more than 20 years in your Lordships’ House. I am sure that he, like the noble Lord, Lord Marks, is looking for a strong response from the Government, as I am.

The deep cuts made to addiction services since 2013-14 mean that the estimated 8.4 million high-risk drinkers and the hundreds of additional people with an opiate addiction needing help could miss out on life-saving treatment. No wonder the Royal College of Psychiatrists is calling for the Government to reverse the cuts and enable local authorities to invest £374 million into adult services so that they can cope with the increased need for treatment.

Professor Julia Sinclair, chair of the Addictions Faculty of the Royal College of Psychiatrists, has pointed to Covid-19 showing

“just how stretched, under-resourced and ill-equipped addiction services are to treat the growing numbers of vulnerable people living with this complex illness.”

There are only five NHS in-patient units in the country and no resource anywhere in her region to admit people who are alcohol dependent with coexisting mental illness.

Professor Sir Ian Gilmore, chair of the Alcohol Health Alliance UK, has warned of the hidden alcohol harm crisis in this country. Before the pandemic, only one in five harmful and dependent drinkers got the help they needed; that proportion will now be significantly lower.

Before we even consider the link between alcohol and domestic abuse, we see that the services to help people suffering from substance and alcohol abuse have been severely limited and stretched. The noble Lord, Lord Marks, gave very graphic details indeed of a direct link between domestic abuse and substance abuse. As the noble Baroness, Lady Finlay, said, survivors of domestic abuse can use alcohol or drugs themselves. Research has shown that women who have experienced extensive physical and sexual violence are more likely to use alcohol or drugs harmfully, compared to women who have not experienced extensive abuse.

Despite the close relationship between domestic abuse and substance use, very few survivors access specialist support. This is due, in part, to the lack of services that respond to the multiple needs of people experiencing both domestic abuse and substance use. Research has shown that the lack of integrated or co-ordinated services can see survivors prioritising one need over another—in other words, domestic abuse or substance abuse. Yet even accessing either one service can prove very difficult. People can find themselves turned away from refuges when accessing domestic abuse support due to their substance use. Research in London found that only about a quarter of the refuges reviewed always or often accept women who use alcohol or other drugs.

Likewise, survivors can struggle to find alcohol treatment services that meet their needs and adequately consider their trauma. Women who have experience of violent male partners may be reluctant to engage in mixed-gender services, but women-only provision for substance users is available in fewer than half of local authorities in England and Wales.

It is of course important and welcome that the Bill puts an obligation on local authorities to provide support to victims of domestic abuse. For the reasons that I and other noble Lords have just outlined, it is vital that this support includes substance use, addictions and mental health support where necessary. I too hope the Government will be able to come back with a strong response.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am afraid that we will have to leave our deliberations there for this evening. I beg to move that debate on this amendment be now adjourned.

Domestic Abuse Bill

Lord Hunt of Kings Heath Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, like many noble Lords, I have found this a moving and extraordinarily well-informed debate. Like them, I support the Bill but want it strengthened, particularly on extending the duty on local authorities to deliver support to victims who live in community settings and ensuring, as UNISON has advocated, that the victims of domestic abuse are protected at work through the extension of domestic abuse protection orders to the workplace. I should like immigration law amended to abolish the “no recourse to public funds” condition and extend the destitute domestic violence concession to at least six months.

Like many noble Lords, I should like to see the introduction of new offences of non-fatal strangulation or suffocation. I noted this morning that the Ministry of Justice was quoted as saying that there was no need for that change because there were already offences on the statute book. However, it is clear from the evidence we received that the police do not treat this issue seriously enough and, even when charges are brought, they do not reflect the severity of the offending.

Although I support those major issues, the area on which I want to focus most is older victims of domestic abuse. One problem, as Age UK points out, is that we currently do not know the true prevalence of domestic abuse among older people due to current ONS data collection policy. That is changing, and the statistics we already have are, none the less, stark. The number of older adults affected by domestic violence continues to rise. According to Age UK’s analysis of the Crime Survey for England and Wales for the year ending March 2019, nearly 190,000 older women and 1,137 older men experienced domestic abuse. One in five victims of domestic homicides is over the age of 60.

Earlier, the noble Baroness, Lady Greengross, spoke powerfully on this issue. Like her, I want the offence of controlling or coercive behaviour, under Section 76 of the Serious Crime Act 2015, to be extended to cover abuse by family members who are not living with the victim. My noble friend Lord Rosser made some powerful points on that. The current offence covers such behaviour by a family member, including financial abuse, but only when they are living with their victim. According to research, most perpetrators of financial abuse against elderly people were family members, rather than partners, and only 25% lived with their victims. As Gary FitzGerald, formerly chief executive of Action on Elder Abuse for 18 years, has stated:

“Older women can have a higher level of physical, emotional and particularly financial dependence on perpetrators, and will often have experienced the abuse for a much greater period of time. It is those psychological and emotional relationships that are crucial in considering coercive control, much more so than whether or not the victim is living with the perpetrator.”


UK criminal law must afford victims equal protection and subject abusers to equivalent penalties, irrespective of their place of residence. I very much hope that we can achieve that in the Bill.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Hunt of Kings Heath Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Wednesday 21st October 2020 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

I thank the Minister for her response this afternoon and her agreement that an independent assessment would be undertaken. I endorse the remarks of my noble friend Lord Rosser. At the end of the day, whatever the worthy work of Skills for Care has been and whatever the recommendations made by the Migration Advisory Committee, we have a big problem with the social care sector in relation to the workforce challenges. The intention that, basically, most care workers cannot meet the criteria in the new health and care visa means that, from the beginning of next year, further pressure will be leant upon the sector.

Given that the sector is almost totally dependent either on government funding or on self-funders—who are already hugely overstretched because they sometimes pay more than £1,000 a week for their care—this will not be solved simply by saying that we can rely on the UK population. There will have to be an injection of resources; this is inescapable. In thanking the Minister, which I do very much, for her response this afternoon, I remind the House that the social care sector faces many huge challenges, and, in the end, the Government are going to have to come up with the necessary if we are going to get it out of the problems that it now faces.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

Does anyone in the Chamber wish to speak? We have not received any requests as yet. Does the Minister wish to reply to the noble Lord, Lord Hunt? No? Then I call the noble Baroness, Lady Hamwee.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Hunt of Kings Heath Excerpts

Report: 2nd sitting (Hansard - continued) & Report stage & Report: 2nd sitting (Hansard - continued): House of Lords
Monday 5th October 2020 Lords Chamber

[Baroness Bull (CB)]

My Lords, it is a pleasure to add my name to Amendment 25, which brings together in one place my former professional life in the cultural sector and my current life within higher education. In noting that, I also note my interests as recorded in the register. In both those sectors, international mobility is crucial to success. Ideas and innovations, be they scientific or artistic, are no respecters of international borders. Indeed, it is well evidenced that international mobility enhances the quality of ideas and the impact of outcomes, with researchers and artists reporting that visiting and working in other countries helps them form collaborations, develop new ideas and gain new technical skills and expertise.

Universities are one of the best examples that we have of global Britain. According to the Higher Education Staff Statistics, nearly 30% of the academic staff in the UK are from overseas. The Government’s global talent visa is a very welcome recognition of the importance of international collaboration to research and innovation. Nevertheless, there are already a number of problems regarding the immigration status of academics, and, as we have heard, UK visas are among the most expensive in the world. The global talent visa costs 15 times more than a similar visa in Germany, and my noble friend Lord Patel has painted a very real picture of the costs for a young academic who wants to move their family here. Unless overall costs associated with visas are reduced to levels that are reasonable, proportionate and internationally competitive when compared to those of other research-intensive nations, “global Britain” risks becoming “little Britain”.

The concerns of the cultural sector about the loss of mobility beyond 2020 have been well rehearsed in this Chamber, and they have been laid out again today with great clarity by my noble friend Lord Clancarty. The continuation of short-term mobility between the UK and the EU emerged in an Arts Council survey of 1,000 stakeholders as a top priority post Brexit. It was more important even than the loss of EU funding, which has been worth approximately £40 million per year. The UK’s creative success has been shaped by the opportunities that mobility offers for UK creatives to develop their skills abroad and for UK-based companies to easily access talent from our nearest geographical neighbours. In the most economically productive parts of the sector, domestic skills gaps mean that up to 30% of staff have been recruited from the EU, and it is hard to see, even before Covid, how the creative industries will thrive in the new immigration regime that is in front of us today.

It is a regime that promises access to the brightest and the best, but which defines those qualities on the basis of salary and a points-based system that is ill matched to the characteristics of the sector, in which low pay does not equal low skills and where the training routes—I speak to this personally—do not lead to postgraduate qualifications that are points-scoring. It is also a regime that yet again ignores the importance of freelancers, who offer vital flexibility to a sector that is made up almost entirely of businesses that employ fewer than 10 people. As we have heard from the noble Baroness, Lady Hamwee, those organisations will be hard pushed to meet the financial and administrative burdens associated with the employment of freelancers.

The UK’s creative sector is often pointed to as a major agent of soft power, but its contributions extend beyond global reputation to the economy and to employment right across the UK. The Centre for Cities reports a disconnect between the Government’s levelling-up agenda and the new immigration system, with cities in the greater south-east expected to gain the most from the new rules for so-called high-skilled migrants. Understanding the impact of this immigration regime on a sector that, unlike most, is delivering growth in almost every region of the UK, becomes even more important in the light of this.

I am afraid that I have seen little to reassure me that, across either research and innovation or the arts and culture, there is genuine understanding within government of the nature and specificities of these sectors, their workforce and the structures and systems on which success has been built. This amendment seeks to ensure that proper focus is given to the impact of reduced mobility on two sectors that we can truly claim are world leading, and will help to ensure that they remain so into the future.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I am delighted to support this amendment and Amendment 25. Although my main interest is in the life sciences sector, as a patron of the City of Birmingham Symphony Orchestra, I want to say something about the need for musicians and other artists from the EU to come to the UK, and vice versa. Despite the welcome support of the UK Government through their Culture Recovery Fund, the orchestral sector in particular is under severe threat. Yet, as the noble Baroness, Lady Bull, suggested, we should never underestimate the power of the UK’s world-class orchestras and other artistic ventures to contribute to renewal and innovation in our society.

So far as this immigration Bill is concerned, out of the CBSO’s 75 musicians, three come from Germany, and one each from France, Ireland, Romania, the Netherlands, Hungary, Portugal, Spain, the Czech Republic and Denmark. I understand from the Association of British Orchestras that that is on a par with most other orchestras. Surely it is essential that, in future, musicians from the EU can continue to come and play in our orchestras and join in other artistic ventures, just as we want British artists to be able to go and work in the EU.

The Association of British Orchestras reports that a major issue for most of its members is how non-UK musicians can come to live and work in the UK as freelancers, given that the majority of orchestral musicians in the UK are self-employed. Under the points-based system there is currently no such route, even if their combined earnings from freelance engagements are above the salary threshold, because they do not have an employer who can sponsor them. There is tier 1, but the bar has been set at an exceptionally high level where a musician has to satisfy an “exceptional talent” test. The Government have talked about introducing an unsponsored route, but for only two years. Practically, orchestras need this to be up to five years, as with employed musicians, and we have no timetable for its introduction.

I turn now to the life sciences sector. Again, it is world beating and I want to echo the comments of the noble Lord, Lord Patel. It is vital that any changes that are made to the immigration system protect our excellent life sciences and the UK medical research establishment. This is contingent, as Cancer Research UK, the British Heart Foundation and others have said, on the maintenance of the UK’s world-leading research environment and our continuing ability to attract, recruit and retain global scientific talent at all levels.

As I said in Committee, 31% of the UK’s Nobel Prize winners in science were born outside the UK. That is an absolute indication of the power of life science in this country and of our historic ability to attract the brightest and best from abroad. It is vital at not just that level but the technical level as well that we continue to do so.

In Committee, the Minister said that we should really depend on the impact assessment prepared by the Home Office and the Migration Advisory Committee —but I think we need to go further. Both these sectors are the sort of sectors that any Government would want to support, and they both need reassurance. The amendments before us are very mild. The noble Earl has said that he will not press his amendment to a vote, and I understand that, but the Government need to reciprocate and at the very least show that they understand that these sectors need to be protected.

--- Later in debate ---

[Lord Hunt of Kings Heath (Lab)]

My Lords, I hope the Government do not want to put these visits, exchanges and language schools in jeopardy, which clearly is the fate that will befall them unless the Government are prepared to give this further consideration. I hope the Minister will agree to take this back to give it one further look.

On the question of security—I know he commented on this in Committee—he should note that this amendment allows juniors to travel for single short-stay visits of less than 30 days. We know many of these juniors will receive new ID cards in the coming years, with added security features such as biometric information. The aspiration of the EU countries is for all new ID cards of this kind to be made available by 2021. Most of these young people will be travelling in groups co-ordinated by one or more passport-carrying teachers or group leaders and will remain part of this group for the duration of their time here.

On the other point raised in Committee, which was the Minister’s suggestion that collective passports be used, I understand, from those who travel from the UK using collective passports, that this can be a very bureaucratic and cumbersome procedure. Collective passports have not been used in many EU countries in recent years, so this is not a practical solution.

At the end of the day, this is a very valuable business in the UK, with so many language schools, and we have huge benefits from young people going from the UK to EU countries and vice versa. Surely the Home Office would want to do what it could to help this. I hope the Minister will just agree to give this some further consideration.

[Lord Kerr of Kinlochard (CB) [V]]

I too will be very brief, given the hour. This is a very modest amendment, admirably introduced by the noble Baroness, Lady Prashar. What she proposes is cost free and risk free. Children coming in in school parties and on exchange visits for no more than 30 days and no more than once a year are not a substantial threat to the sceptred isle. The amendment will also do a lot of good. Free movement, Schengen and identity cards mean that large numbers of continental children do not have passports. If schools considering bringing them here face the prospect of insisting that they first get passports or go to the considerable trouble of getting a group passport, a significant proportion of schools will prefer to take the class somewhere else. The amendment would prevent that happening.

More generally, losing free movement inevitably means a diminution of personal contacts. We and our continental friends will be further apart. That is a great pity. Any cost-free, risk-free measure to limit this continental drift should be welcomed, so I welcome the amendment.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Hunt of Kings Heath Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Wednesday 30th September 2020 Lords Chamber

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, I am very grateful to my noble friend Lord Rosser for adopting many of the terms of my amendment in Committee and for the eloquent way in which he introduced his amendment.

No one could doubt that social care is under pressure. The social care workforce is already facing a crisis, with more than 120,000 vacancies. According to our House of Lords Economic Affairs Committee, in 2018, 1.4 million older people in England had an unmet care need. The committee found that publicly funded social care support is shrinking, as diminishing budgets have forced local authorities to limit the number of people who receive public social care.

We are in a vicious cycle: after decades of reviews and failed reforms, the level of unmet need in our care system increases; the pressure on unpaid carers grows stronger; the supply of care providers diminishes; and the strain on the care workforce continues. That is even without considering the impact of Covid, which has been huge, and before the new immigration controls come in at the end of the year.

I therefore remain bemused by the decision of the Home Office to exclude the great majority of care workers from the new health and care visa as a result of them not meeting either the income or the skills thresholds that have been set. My noble friend Lord Rosser mentioned the Minister’s comments at Second Reading. She has justified this by the need for employers to end what she described as “the easy option” of using migrant labour to undercut our own workforce “for far too long”. She also pointed to the advice of the Migration Advisory Committee, which has maintained that the problems in this sector are caused by a failure to offer competitive terms and conditions, in itself caused by a failure to have a sustainable funding model—although as my noble friend Lord Rosser today suggested, the committee’s latest report clearly shows that it is now developing a rather more nuanced position. I wonder why. In Committee, the Minister went further. She said:

“If people say that the response to the social care issue should be, ‘Well, employers should be allowed to bring in as many migrants as they want at the minimum wage,’ first, that does not sound like the low-wage problem of the social care sector is being dealt with and, secondly, it suggests that one of the groups that will really suffer from that is the social care workers.”—[Official Report, 7/9/20; col. 610.]


I do not need reminding of how important skilled care workers’ jobs are. Of course I want more people training and entering the care sector at a decent wage, but as my noble friend Lord Rosser said in Committee, you will not solve the care sector’s problems by suddenly snapping off its ability to recruit staff from abroad from the end of the year; all you will do is tip it into an even bigger crisis than it is in.

The Minister has never responded to the central point of my argument, which is that the major fault for the problem has to be laid at the Government’s door. This is a government-controlled sector. The Government are the main funder and regulator. They set the whole context in which the sector operates. They have had countless reviews, but refuse to come up with any solution. There is no sign of the long-promised Green Paper. Mencap said today that the sector needs a credible, well-thought-out and properly funded care workforce plan to create and maintain a sustainable social care workforce—I agree with that.

I want to come back to the Minister, because if she is saying that staff should pay more, I agree, but is she going to will the means? Will she commit to increase support to local authorities? What about self-funders? Does she think they should pay more? At Second Reading, I think, I pointed out that if you took the current lifetime pension allowance of just over £1 million and bought an annuity with it at age 60, you would not be able to cover the average nursing home fees. So can the Minister tell me whether the Chancellor is going to raise the lifetime pension allowance?

If the Home Office is convinced that the woes of the sector are entirely down to the sector itself, let it produce the evidence. Let the Minister agree to a rapid review of the funding of the care sector and the impact of Clause 1 in shutting off an extremely valuable source of labour for this important but vulnerable part of our society.

Counter-Terrorism and Sentencing Bill

Lord Hunt of Kings Heath Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 21st September 2020 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, first, I remind the House that my wife is an adviser on the Prevent programme in the further education sector.

The horrific attacks we have seen at Manchester, Streatham and Fishmongers’ Hall have demonstrated the risk the UK faces from terrorism. I am broadly supportive of the longer sentences contained in the Bill for dangerous terrorism offenders. But we should be mindful of the words of the noble and learned Lord, Lord Thomas, my noble and learned friend Lord Falconer and the noble Lord, Lord Anderson.

But one concern I have, mentioned by other noble Lords, is the extent to which rehabilitation and deradicalisation programmes will be put in place to accompany the longer sentences. We know in the case of Fishmongers’ Hall and Streatham that the attacks were committed by individuals who had been convicted, had been in prison and, as my noble and learned friend Lord Falconer repeated, seemed to have been neither deradicalised nor deterred by their time in prison. Indeed, prison may have made them worse.

The impact assessment refers to research that shows a risk of offenders radicalising others during their stay in custody. This is well known, and I hope that when winding up, the Minister spells out the details of what is proposed for supporting and expanding the rehabilitation programme. Can she say how much progress has been made in implementing the report by Ian Acheson into Islamist extremism in prisons? My noble friend drew attention to the fact that the Government accepted only a small number of its recommendations. I remind the Minister of a paper published last year for the Centre for Social Justice, in which Ian Acheson had some trenchant criticisms of the prison regime:

“Unfortunately, our current prison system seems to catalyse rather than remedy the very conditions which create offending. Squalor, indolence and brutality have become normalised within the walls of many of our jails… Ruinous cuts, inflicted on front line staff as the prison population increased, have made a mockery of a rehabilitation culture when staff routinely suffer serious assaults and cannot themselves feel safe at work, let alone be able to deal with record levels of prisoner self-harm.”


These are simply not the circumstances in which you can expect to conduct successful deradicalisation programmes. These must go alongside the longer sentences proposed in the Bill.

As someone who was on the Front Bench opposing the introduction of TPIMs and the removal of control orders in 2011, I find it tempting to go back to those debates, but the noble Lord, Lord Anderson, has pointed to a number of issues that have arisen since the abolition of control orders. I am afraid that as this is the Home Office’s second go at strengthening TPIMs, it only goes to show that what we warned about in 2011 needed to happen.

One issue in relation to TPIMs was raised with me by the West Midlands Police and Crime Commissioner, David Jamieson. Obviously, TPIMs involve extreme resource-intensive measures which must be used proportionately and only when necessary. David Jamieson argues that some local oversight would enhance the ability of the Home Secretary to make an informed decision when considering a TPIM application, variation or extension. PCCs could submit additional information or make recommendations to the Home Secretary in respect of the community impact and the impact on local policing resources which, as I said, can be intensive as far as a TPIM is concerned.

In today’s debate on sentencing, one speaker raised the point that local authorities were not mentioned in the White Paper. I hope that the Minister gives some thought to this suggestion. Perhaps I will return with a probing amendment in Committee.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Hunt of Kings Heath Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 9th September 2020 Lords Chamber

Moved by

[Lord Hunt of Kings Heath]

34: Clause 4, page 3, line 8, at end insert—
“( ) Prior to regulations being made under subsection (5), an impact assessment of the effects of those regulations on the recruitment of international research and innovation staff to the United Kingdom must be laid before Parliament.”

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, I am delighted to move this amendment on behalf of my noble friend Lord Patel.

In parallel to this Bill, the Government are taking through the Medicines and Medical Devices Bill to ensure that we have an effective regulatory system post Brexit. As the noble Lord, Lord Bethell, explained at Second Reading, we must do all that we can to support the UK’s thriving life sciences industry. He described a world where big data, artificial intelligence and genetics have become enormously powerful engines of innovation, and where engineering and computer science have combined with medicine to generate exciting new medical developments.

It is vital that changes being made in the immigration system protect the excellent UK medical research environment, which drives vital progress for our patients. That is contingent, as Cancer Research UK has reported, on the maintenance of the UK’s leading research environment and our continuing ability to attract, recruit and retain global scientific talent at all levels. It is this mixture of domestic and international talent that supports our thriving research environment. For example, 31% of the UK’s Nobel prize winners in science were born outside the UK, while 50% of Cancer Research UK’s supported PhD students are not from the UK, rising to 76% of postdoctoral researchers at its institutes.

I welcome the Government’s ambition to make the immigration system work for science and research, but the science and research community has real worries about the cost of the system, particularly in comparison to other countries. The current UK immigration system is already one of the most expensive in the world. The total average up-front cost for a tier 2 skilled worker visa, typically used by scientific workers, is 540% higher than the average cost in other leading scientific nations. Most of Cancer Research UK’s researchers say the ease with which their dependants can access public services and take up work is a key factor in choosing a research destination, yet a researcher coming to the UK with a family of four faces nearly £10,000 of fees if they want to apply for indefinite leave to remain. Much of that cost is associated with the health surcharge.

At the moment, research organisations will often step in and pay these charges, but they themselves are struggling financially, particularly given the uncertainty about research grants post Brexit. Cancer Research UK estimates that a typical institute that it funds could face additional costs of between £300,000 and £800,000 once EEA workers move on to the new system. That is a lot of money which should be spent on research activities.

The new global talent visa will play a crucial role in attracting the scientific talent the UK needs. It is a welcome step, but it also retains fees at a damagingly high level. A five-year visa would incur up-front costs of £2,608 for a researcher looking to move here. It is more expensive than India, France, Australia, Germany and Japan. The global talent visa is designed for experienced research staff, but many who are early in their careers or in vital technical roles will not be eligible. We need the new immigration system to work for all the members of a research team. That means attracting researchers early in their careers and ensuring that vital technical staff, who are after all the backbone of many research teams but who are often not that highly paid, are made to feel welcome to live and work in the UK.

The reduction of the salary threshold to £25,600 is a positive step, but researchers who are not eligible for the global talent visa will still be required to apply via the tier 2 route, which is both costly and bureaucratic. Technical staff, particularly outside London, may still fail to pass the salary threshold and will thus be excluded from the chance to contribute to our research environment. For technicians in particular this route is daunting and, as I have said, it is far from certain that they will earn above the £25,600 salary threshold the system proposes.

Amendment 34 is a constructive approach to encourage the Government to undertake an impact assessment of the effects of these regulations on the recruitment of international research and innovation staff in the United Kingdom. These people are vital to the future prosperity of this country. We believe that the Government should delay exercising the power to modify visa charges until the evaluation has been received, so that they can be fully informed about the impact of fees on recruiting these very talented people. I hope that, as a result, the Government will then bring forward a reduction in the total visa costs for researchers and their dependants, a review of the costs faced by medical researchers through the NHS surcharge and consideration of exemption. An option to spread fees over the lifetime of a visa to reduce up-front payments should be considered, along with an improved, digitised system to streamline visa applications and prepare for an expected increase in demand. I really hope that the Minister and the Government will listen to this sympathetically. I beg to move.

[Lord Clement-Jones (LD) [V]]

My Lords, I will speak to Amendment 69 in my name. Our creative industries are hugely successful, generating over £111 billion for the UK economy. Over the past decade, the sector has grown twice as fast as the UK economy as a whole and is part of a bigger creative economy employing more than 3 million people and generating value across the whole supply chain.

Music is a key component of our creative industries. UK Music’s inaugural Music by Numbers report revealed that in 2018 the UK music industry contributed £5.2 billion to the UK economy and that the total export revenue of the music industry was £2.7 billion. British artists account for one in eight albums sold around the world. Music tourism made a £4.5 billion contribution to the UK economy in 2018.

Given the unique nature of the sector, the high volume of freelancers, micro-businesses and performance and project-based work, it is vital that any new visa system is both shaped by and tailored to the creative industries. This is primarily a services and content-driven sector, so the ability to tour and easily move the people, equipment and materials they travel with is vital.

For many roles, too, there is a shortage of applicants with the required skills, experience or qualifications. The UK is a prime destination for the production of music, offering globally recognised recording studios, composers and performers. Our music producers are used by international musicians. Not only does this ensure a continued influx of talent into the UK; it also creates employment opportunities for UK-based music producers, performers, engineers, music technicians and so on.

The market for touring musicians and composers is extremely competitive, and the UK needs to be easily accessible to continue to attract international talent for continued global investment in the UK. As the Minister is aware, and as I and others argued on Second Reading, the creative sector wants to see the Government provide a simple way for European Union musicians and other artists to tour in the UK, and request reciprocity in the trade negotiations. This would mean extending the permitted paid engagement scheme, allowing for multiple visits and permit-free festival arrangements for EU citizens, and for multiple visits and the seeking of a reciprocal touring visa with the EU to enable creators and performers to travel temporarily and to take their equipment with them, tax free.

The UK already offers visa-free entry, including for work purposes, to non-visa nationals. However, the scope of that route for non-visa nationals is too restrictive, and it does not provide any certainty, because ultimately, it is down to the discretion of the UK border official to assess whether the musician is qualified to perform the paid engagement, or that the paid engagement relates to their area of expertise, qualification or occupation. The details provided by the UK Government in the context of the UK points-based immigration system require further clarification of the status of musicians.

European musicians need to be able to tour without restrictions. This includes the transportation of their equipment, and it applies not only to performing musicians but also to song writers, composers, performers and producers, who often travel for work-related purposes. The crew—the trusted people whom musicians rely on when touring—need to be expressly included within simplified touring provisions. This affects UK musicians touring Europe as well as European Union or EEA musicians touring the UK. So we need clarity in any trade agreement that performers and their equipment can tour throughout the European Union without restrictions. Offering a simple solution to musicians or composers intending to perform in the UK would provide a good negotiating position to ensure a favourable system with the EU and other countries, based on reciprocity.

At present, because of freedom of movement for people, UK performers can play a concert in Amsterdam one night, then simply travel to Paris the next night, with no associated costs or red tape. Following the end of the transition period, this freedom will end for UK musicians, unless there are appropriate measures in place to support touring musicians, composers and so on. Countries such as France have traditionally required work permits for performances by artists from non-EU countries. A new reciprocal system is needed post-transition, to ensure that musicians and their crew can operate across Europe in an economic and unbureaucratic way, preserving vital economic and cultural links.

Costly bureaucracy will make touring simply unviable for many artists, putting the development of future globally leading UK talent at risk. This has become even more urgent following the social distancing measures and other restrictions imposed on live events. Most musicians, composers and everyone else involved in the successful organisation of live music events are self-employed or operate as small and medium-sized businesses. Social distancing restrictions will render impossible any economically viable live events at least until the end of 2020, with catastrophic consequences for the live music sector. Based on the figures for live music in UK Music’s Music By Numbers report, the loss to the sector will be at least £900 million.

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[Lord Parkinson of Whitley Bay (Con)]

I thank both noble Lords for their comments. They reinforce the passion of the advocacy made by noble Lords this evening, across a very wide range of sectors and subject areas. I absolutely will go through Hansard and ensure that I follow up on the range of points made in this long, but valuable and important, debate covering a number of important topics.

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, this has been a very good debate. It is good that so many noble Lords took part in the discussions. My Amendment 34, also in the name of my noble friend Lord Patel, is clearly concerned with maintaining our thriving life science sector, particularly by looking at the current fee structure, which is likely to be so inhibiting to many people coming to the UK.

However, the debate has clearly gone wider. We have heard about the importance of the movement of priests and faith leaders to this country, the movement of young people in education and travel, and of course the performing arts. As a patron of the City of Birmingham Symphony Orchestra and Charles Court Opera, I entirely sympathise with noble Lords who are concerned about the perilous state of the arts at the moment and who want to see it thrive in the future.

I see a direct link between the performing arts and scientific sectors. My noble friend Lord Judd pointed out that the UK excels at both. Both enjoy huge international reputations, both sectors enjoy many talented people coming from abroad, and many of our talented people go abroad as well. We are concerned that the impact of the Bill, the Home Office actions, the cost of visas and the associated health surcharge will be a great inhibitor of this in the future. As my noble friend Lord Kennedy said, our international competitors look at what we are doing and cannot believe their luck.

Obviously, I have listened very carefully to the Minister. In a sense his response was a technical one to say, “Well, you don’t need a further impact assessment because we’ve already done one, we’ve got another on the way, and we’ve got the MAC to help us as well.” Frankly, as regards the future of our life science sector and performance sector, the MAC is the last group of people that I would go to for advice. The problem with the Minister’s answer is that in giving a technical one, he has not really responded to the underlying concern that so many noble Lords have about the future of these highly important sectors.

Clearly, we will come back on Report, and I believe that the House of Lords is prepared to make it very clear to the Government that they need to do more to protect these sectors. Having said that, I thank all noble Lords and beg leave to withdraw my amendment.

Amendment 34 withdrawn.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Hunt of Kings Heath Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 7th September 2020 Lords Chamber

Moved by

[Lord Hunt of Kings Heath]

2: After Clause 1, insert the following new Clause—
“Duty to commission an independent review of the social care sector in regard to the effects of section 1
(1) The Secretary of State must commission an independent review of the matters under subsection (3) and lay the report of the review before each House of Parliament within six months of the day on which this Act is passed.(2) The Secretary of State must appoint an independent panel to undertake the review.(3) The review under subsection (1) must consider an assessment of the effects of section 1 on—(a) the social care workforce;(b) the adequacy of public funding for the social care sector;(c) the ability of care sector employers to improve the pay and conditions of their employees; and(d) such other relevant matters as the independent panel deems appropriate.(4) A Minister of the Crown must, no later than six months after the report has been laid before Parliament, make arrangements for a motion relating to the report to be debated and voted on by the House of Commons and the House of Lords.”Member’s explanatory statement
This new Clause would require an independent review of the impact of section 1 of this Act on the social care sectors to be produced and laid before Parliament.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I declare an interest as a member of the General Medical Council board.

I want to return to a major theme from Second Reading: the decision of the Home Office to exclude the great majority of care workers from the new health and care visa, as they do not meet either the income or the skills threshold. At Second Reading, the noble Baroness, Lady Williams, justified this by saying that employers had to end what she described as “the easy option” of using migrant labour to undercut our own workforce “for far too long”. She also pointed to the advice of the Migration Advisory Committee, which has maintained that the problems in the care sector are caused by a failure to offer competitive terms and conditions, in itself caused by a failure to have a sustainable funding model—quite.

I certainly do not need reminding of how important skilled care worker jobs are; I want to see more people training and entering the care sector at a decent wage. However, surely it is disingenuous for the Government to call for better wages and conditions, when they have so much influence on the financial health of care services. The Government are the main source of funds for local authorities; they are the direct funder of the National Health Service; and they set the conditions under which the private care market operates. The Home Office, which I have always thought of as being a bit semi-detached, is essentially saying that the Government—of which it is a part—has neglected the care sector over many years. They have been in government for 10 years now and have had a series of reviews, none of which has come to fruition.

Our own House of Lords Economic Affairs Committee reported that, in 2018, 1.4 million older people in England had an unmet care need. It found that publicly funded social care support is shrinking, as diminishing budgets have forced local authorities to limit the numbers of people receiving public funding. Just as demand goes up with the demographics, the funding of social care gets lower and lower in real terms.

When we turn to the workforce, we see a diverse range of nationalities and backgrounds. Some 83% of the workforce is made up of British nationalities, with 7% coming from other EEA countries and 9% from non-EEA countries. As such, the UK is reliant on a fair and balanced immigration system. Overall, however, the social care workforce is already facing a crisis, with more than 120,000 vacancies and a growing level of demand among people who need to access care services. This is a real problem for the future.

We also have the problem that the Government classify social care workers as unskilled. Unskilled? As Mencap points out, their colleagues are trusted every day with people’s lives. They are trained to provide medication, to undertake feeding, to deal with seizures and to administer first aid. They help people manage their finances, their health and their well-being, and they provide emotional support. Unskilled they are not. Yet as Unison has pointed out, many migrant workers are not included in the category of people who have had their visas extended free for a year. Many are struggling to save the large amounts needed for visa renewals.

The Minister says that staff should be paid more. I agree, but is she going to will the means? Will she commit to increasing the level of support to local authorities? Is she willing to see self-funders pay more? If she is, I remind her that if you took the current lifetime pension allowance of £1,730,000 and bought an annuity with it at age 60, you would not have enough to pay the average nursing home fee.

We are in a vicious cycle. After decades of reviews and failed reforms, the level of unmet need in our care system is increasing and the pressure on unpaid carers is growing stronger. The supply of care providers is diminishing and the strain on the care workforce is continuing. And that is before these new immigration controls are imposed at the end of the year.

At Second Reading, the noble Baroness said that she would not be drawn on the details of the long-term social care plan which apparently the Government are still promising to bring forward. She did refer to various sides in the Commons trying to sort a consensus on the way forward, but there is not much sign yet of the Government reaching out, and given the state of the public finances, I would not bet on immediate action in any case. I refer the noble Baroness to the letter in July from the Chancellor to Secretaries of State on the forthcoming comprehensive spending review. From that, it is clear that spending will come under a huge squeeze. It is noticeable that, while the Chancellor said then that he would prioritise the NHS, no mention was made of social care at all.

The argument I put before noble Lords is this. If the Home Office is convinced that the woes of the care sector are entirely down to the sector itself, let it produce the evidence. Let Ministers agree to the quick review that I suggest in my amendment, looking at the funding of the sector and the impact of Clause 1 before shutting off an extremely valuable source of labour for this important but vulnerable part of our society. I beg to move.

--- Later in debate ---

I hope that noble Lords can see that there are a range of options for those working in health and social care. Ultimately, it will be for individuals to consider the most appropriate route for them based on their specific circumstances. The sector, as my noble friend Lord Hodgson of Astley Abbotts says, needs to rise to that challenge. I hope that with those words, the noble Lord will feel happy to withdraw his amendment.

[Lord Hunt of Kings Heath (Lab)]

My Lords, this has been an excellent debate, and I am grateful to noble Lords who have given their support to my and other noble Lords’ amendments.

The Minister and the noble Lords, Lord Lilley and Lord Green, say we should not be using migrant labour to undercut our own workforce. Let me make it clear: I absolutely agree. I also agree with the noble Lord, Lord Hodgson, that the current turnover of care staff is appalling and cannot possibly be defended. But, as my noble friend Lord Rosser said in his marvellous winding-up speech, you will not solve the care sector’s problems by suddenly snapping off its ability to recruit staff from abroad from the end of the year. All you will do is tip it into an even bigger crisis than it is in. This is complete madness. We know what is going to happen; towards the end of the year, or at the beginning of the new year, there will be a total panic in the Government and they will reverse the decision. They have had practice at reversing decisions in the last few months, have they not?

On those pressures, noble Lords who oppose what I am saying seem to think it is the care sector’s fault. This is a government-controlled sector. The Government are the main funder and regulator; they set the whole context in which the sector operates. They have had countless reviews but will not face up to coming forward with a costed solution. We all know that the Green Paper, if it eventually comes, will be about funding the sector 20 to 30 years in the future. It will not deal with the issues as they now are.

The noble Baroness, Lady Williams, says that, if you go for my noble friend’s amendment, which I commend, a transitional arrangement will become permanent. That is the point: it is down to the Government to make sure that it is not permanent. The beauty of my noble friend’s amendment is that it sets the challenge to Government. Let us go for a transitional arrangement but, if the Government want it to end, they have to come forward with effective proposals to reform and sort out the care sector, once and for all.

I do not see the Migration Advisory Committee in the same way that the noble Baroness does. She quoted the chair of that committee presumably proclaiming the rise in unemployment that he foresees as the solution to the care sector problem. I have been trying to ponder the Government’s Brexit strategy. Clearly they are prepared to let the automotive and aerospace industries go to the wall and, presumably, they are happy about that, because the care sector’s problems will be solved as a result of the decimation of people working in those sectors. You could not make it up. This is the worst Government there has been in my lifetime. From issue to issue, they clamber around with some ideological nonsense about what the British people were supposed to have voted for in the referendum, and we end up in this dire situation. Having said that, it has been a great debate, and I beg leave to withdraw my amendment.

Amendment 2 withdrawn.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Hunt of Kings Heath Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 22nd July 2020 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, as noble Lords have mentioned the medical profession, I declare my interest as a member of the GMC board. I reflect on the irony that, as we seem to be curtailing the migration of doctors from the EU to our country, we are repeating history, as my noble friend Lord Adonis said, and returning to the developing world big time to recruit doctors for the NHS. It is also ironic that the new health and care visa excludes a great majority of care workers, who will not meet either the income or the skills threshold.

In the Minister’s opening remarks, there was surely a sense of irony too when she said how much the Government value social care. I do not think the Bill shows much appreciation of that profession. Ministers point to the Migration Advisory Committee, which said that the problems in the care sector are caused by a failure to offer competitive terms and conditions. I do not think we need reminding of how important skilled care worker jobs are, and we certainly want more people training and entering the care sector at a decent wage.

However, as UNISON said in its evidence, it is disingenuous of the Government to call for better wages and conditions in the sector when the Government are so influential on the financial health of care services. The rate paid by local authorities to care homes for people whose income is below the means-test threshold is highly dependent on grants from central government, which has been going down just as demand as has been going up. These rates have been tightly squeezed in the last decade and, as a result, self-funders pay exorbitant fees, which are in effect a subsidy for council-funded places. These self-funders get no support at all from the state and can see their assets run down considerably.

It is a Catch-22 situation. Essentially, the Home Office says that the care sector should recruit staff from people living in this country and pay them more, but the Department of Health, by its actions, is ensuring that there is no funding to enable this to happen. The Government have now had 10 years to sort this out. They had the Dilnot commission, they legislated for it and then would not put it into place. We had Mrs May’s promise in the 2017 election, which she withdrew. We keep hearing from the Government about a plan that will be brought forward—let us see it.

The thought that this plan, at a stroke, will deal with the immediate issues of the care sector is just blowing in the wind. We have 100,000 vacancies in England alone and, though I do not know in how many months it will be, at some point soon the Home Office will be forced to change this ridiculous policy. I hope the House will help the Home Office do that.

Historic Sexual Offences: Investigations

Lord Hunt of Kings Heath Excerpts

Wednesday 4th March 2020 Lords Chamber

[Baroness Williams of Trafford]

My noble friend will know that the guidance on this states that the police will not name those arrested or suspected of a crime save in exceptional circumstances where there is a legitimate policing purpose to do so, such as a threat to life, the prevention or detection of crime, or when police have made a public warning about a wanted individual. However, my noble friend will also appreciate that, in the case of Jimmy Savile, for example, had people not come forward, those victims’ voices would never have been heard.

[Lord Hunt of Kings Heath (Lab)]

My Lords, does the noble Baroness consider that police forces have any insight into the impact of their behaviour? I have in mind particularly Wiltshire Police in the case of Ted Heath. So far, one has faced a stone wall and hardly received a decent apology for the way in which they pursued a ridiculous case.

[Baroness Williams of Trafford]

My Lords, in this House we have talked about several cases such as the one that the noble Lord has referred to. It is right that lessons are learned from these things and that the IOPC steps in, and it is also right that these matters can be pursued through the courts.