Registration of Marriages Regulations 2021

Lord Kennedy of Southwark Excerpts

Tuesday 23rd March 2021 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I am delighted to support the regulations before the House. I welcome the modernisation of the system, which allows the details of a mother and father to be documented together and provides flexibility for necessary future changes. This is a modernising measure from the technological perspective and the values perspective; I am pleased to see both. It is also interesting to note from the Minister’s speech that it has taken only 166 years to follow the lead of Scotland in this regard; I am pleased to see that we have finally got there.

My noble friend Lady Sherlock referred to the speed of these changes—that we have waited so long—and their going on to the statute book two years ago. That could cause some problems for couples and celebrants: the priests, vicars and registrars who marry people. It would be good if the Minister explained why there is this haste at the last minute, having taken so long in the first place. This is important. I have been married only once—I have no intention of getting married again, having been happily married for the past 17 years —and unless you are actually involved in marrying people, you do not know about these changes. It is important to understand why we are moving so quickly at the last minute.

The delegated legislation we are dealing with may well, in years to come, be of interest to historians and genealogists because we will be able to see what the mother’s occupation was. When people look back in 100 years’ time, there will be some valuable information about what was going on in Britain at this point and in the years going forward.

The noble Lord, Lord Hussain, raised the important issue of post-marriage disputes in the Muslim community where the marriage has not been registered. That is a fair point, which I hope the Minister can help with. We want to avoid people who become destitute having further problems. Also, the noble Baroness, Lady Hodgson of Abinger, asked important questions about stillborn children; I hope that the Minister can respond. Having said that, I am delighted to support the changes before the House today.

Forensic Science Regulator Bill

Lord Kennedy of Southwark Excerpts

2nd reading
Friday 19th March 2021 Lords Chamber

Moved by

[Lord Kennedy of Southwark]

That the Bill be now read a second time.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I pay tribute to my honourable friend the Member for Bristol North West, Mr Darren Jones, for his success in the Private Member’s Bill ballot and for skilfully navigating his Bill through the other place. I was delighted when he asked me to sponsor the Bill in this House and I hope, with the help of noble Lords, to navigate the Bill on to the statute book in the remaining weeks of this Session of Parliament. It has cross-party support and government support, so I hope that will help with its progress.

The purpose of the Bill is quite simple: it gives the Forensic Science Regulator the statutory powers to undertake its work. I hope that we all agree that the work of the regulator is vital for the proper functioning of our criminal justice system. It is vital for victims, defendants and members of the public so that victims and defendants get the justice they deserve and that the public can have the confidence that the forensic evidence presented in court of is of a quality and standard to deliver that justice.

The situation at present has several problems and failures, and the Bill is a first step in seeking to address those by enabling the regulator to enforce effective standards. Forensic science is constantly evolving and includes an ever-growing list of disciplines such as drug and toxicology analysis, ballistics and firearms analysis, fingerprint and footprint analysis, DNA extraction and comparison, crime scene examination, document examination, computer forensics and physical anthropology. We need experts to undertake the work necessary in a way that is accurate, reliable, unambiguous, clear, and straightforward.

The regulator’s report last year contained a passage that sets out why the Bill is so necessary. The passage reads:

“Courts should not have to judge whether this expert or that expert is ‘better’, but rather there should be a clear explanation of the scientific basis and data from which conclusions are drawn, and any relevant limitations. All forensic science must be conducted by competent forensic scientists, according to scientifically valid methods and be transparently reported, making very clear the limits of knowledge and/or methodology.”


If that is not the case then the risks are serious and devastating to people: the exoneration of the guilty and the imprisonment of the innocent. Both those scenarios are not only a failure to deliver justice but also miscarriages of justice. We get failures of process and of procedure through shortfalls in skills, in training, in expertise and funding. That not only risks isolated miscarriages of justice but puts the integrity of the whole system in jeopardy. This is a profession where robust, enforceable mandatory quality standards must be in place for the providers of forensic science services, along with an oversight regime with the independence and resources to do the job effectively and give confidence to the public.

The office of the Forensic Science Regulator was established in 2007, tasked with delivering standards, ensuring the quality of the providers and processes, assessing the soundness of the scientific techniques and monitoring the competence of the individuals carrying them out. But, in its present form, the regulator can only encourage, support and request that providers and police forces, which undertake a range of forensic science activities in-house, seek accreditation. Here is the problem that this Bill is seeking to deal with: the office of the Forensic Science Regulator cannot compel compliance, as it operates a voluntary model of regulation. Therefore, in its present form, it lacks the power to enforce compliance and deliver change where necessary.

The case for statutory powers is one that the Government have been committed to for several years. Committees of both this House and the other place have called for the Forensic Science Regulator to be given statutory powers. The Science and Technology Committee of the other place said last year that

“the Regulator—now more than ever—needs statutory powers.”

The Science and Technology Committee of this noble House said last year that

“It is hard to understand why … the Forensic Science Regulator still lacks powers they need … The Forensic Science industry is in trouble; such action is now urgent.”


The Home Office commissioned a review of the provision of forensic science, which identified a growing perception of the risk of unsafe forensic evidence, which should worry all noble Lords in this debate. Some noble Lords may question whether statutory powers are really needed—can it not be effective using the powers it already has? In response, I draw noble Lords’ attention to the fact that the powers presently in place have been there since 2007, and that the conclusion of the regulator itself, the Government, committees of both Houses of Parliament and others is that the voluntary processes have not been successful in delivering the consistency of standards that is necessary. After nearly 14 years, statutory enforcement powers are now needed. Where the regulator has introduced codes of practice and they have not been followed, it has no powers to enforce compliance.

Let us be clear: some of these codes of practice have been in co-ordination with the Home Office, but that makes no difference either. It is unacceptable for this important part of our criminal justice system to be in this condition—weak and unable to deliver the change, standards and enforcement necessary.

Look at violent sexual crimes. We are all aware of and horrified by how low the conviction rates are. These cases often rely on DNA evidence, which is often critical to the prosecution’s case. We must have processes and procedures in place that ensure that, no matter where the detailed scientific work is undertaken, the risk of contamination of the sample is minimised. But, if one looks at the regulator’s report in 2016, it highlights the problem of DNA swabs being compromised through unrelated case handling. That is why we have to move the regulator on to a statutory footing.

The public expect the highest standards and a regime in place to enforce them. We owe it to the victims of crime to deliver those standards and to those accused of crimes that, whether they are guilty or innocent, if the evidence presented against them involves forensic evidence, it has been prepared to the highest standards to deliver justice. This Bill does not fix all the problems, but it is a step in the right direction. I look forward to the debate that will follow and I beg to move.

--- Later in debate ---

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank all noble Lords who spoke in this debate. I am delighted to have the support of the noble Earl, Lord Lindsay, with his wide experience—including as chair of UKAS, the national accreditation body for the United Kingdom. I am also pleased to have the support of the distinguished noble Lord, Lord Patel, who has done excellent work as chair of the Science and Technology Committee of your Lordships’ House. As the noble Lord told us, we used to be the leader in forensic science services. I believe that this is a step in the right direction for us to regain that place.

My noble friend Lady Young of Old Scone highlighted that there is more to be done, and the Science and Technology Committee of this noble House will have an important role in setting out the way forward and working with the Government to look at those future reforms. The noble Baroness, Lady Harris of Richmond, highlighted the changes that, over time, have contributed to the problems that the service is dealing with today.

I am delighted to have the support of the noble Lord, Lord Lilley, and agree with him that quality and rigour are important. In matters where one’s liberty is at stake, we must have the highest quality standards in place. My noble friend Lady Goudie is right that poor forensic science fails victims and fails to deliver justice.

The noble Baroness, Lady Jones of Moulsecoomb, raised the concern that the problems have been known about for many years. I agree that it is disappointing that we have taken so long to get to this place. Now that the issue has been raised, I know that the noble Baroness will ensure that the Government are pressed many more times in the future to urgently address other failures.

I join the noble Lord, Lord Oates, in paying tribute to the work of those in the forensic science services, both those housed within police forces and those in private practice. I also join the noble Baroness, Lady Williams of Trafford, in paying tribute to Dr Gillian Tully, the former regulator, for all her work.

I thank my noble friend Lord Rosser for his support and that of the Official Opposition. He highlighted the widespread support inside and outside Parliament for the reforms that the Bill delivers. I thank the noble Baroness, Lady Williams of Trafford, for her response to the debate and for signalling the Government’s support for this Bill. All the crimes that she referred to require forensic science services to deliver true justice for victims and for those accused of crimes and to ensure that those who are guilty are convicted and those who are innocent are acquitted.

I was delighted that every single speaker in the debate supported the Bill. I hope that, with such breadth of support, we will ensure that the Bill receives a speedy passage through this noble House. With that in mind, I hope that the temptation to table helpful amendments is resisted.

Bill read a second time and committed to a Committee of the Whole House.

Domestic Abuse Bill

Lord Kennedy of Southwark Excerpts

Report stage
Wednesday 17th March 2021 Lords Chamber

[Baroness Grey-Thompson (CB) [V]]

My Lords, I thank the noble Baroness, Lady Kennedy of Cradley, for her work in this area. The figures that she mentioned are terrifying, and I agree with many of her points.

I received a number of emails asking me to speak to this amendment because of the level of concern about misogyny. Like many others, I am tired of misogynistic behaviour and appalled by the way that women are still treated in society. However, what looks like a simple amendment that I could support is in fact far more complicated. The amendment does not explicitly state the word “misogyny”, and to me the inclusion of the word “perception” is not precise enough.

I am grateful for the various views from other noble Lords and, as always, the noble Baroness, Lady Fox, has given me much to think about and challenged my views about what misogyny actually is. I am still inclined towards a legal framework for it, but I am tired of women having to change their behaviour because of it.

However, we need to consider what we can do to prevent, report and tackle it, and which legislation it should be placed in. Both men and women are affected by domestic violence and all those affected by it deserve protection, but women are undoubtedly more commonly victims. There is only one place in the Bill where the word “female” is used and we should take absolute care with it because it is the only place where women are centred in the legislation.

Domestic abuse legislation is complicated; it should not be, but it is. Last week the Government told me that including a specific provision in the Bill for disabled people who experience abuse in the domestic environment would be too complicated. I am strongly in favour of improving law enforcement around violence against women and girls, which we desperately need, but, while I am moving towards the idea of having a legal framework for misogyny, I do not think the Bill is the right vehicle for it. We should spend more time and care on the question of hate crimes—I am particularly keen to look at disability hate crimes—than on an amendment that comes towards the end of the Bill. We should have an opportunity to explore more options to enable us to do the job that we want it to: offering protection to women and girls.

Counting women should not be complicated. The amendment is largely about the counting aspect of hate crimes. How do the police measure how many crimes of male violence against women are reported and how many are prosecuted? That is fundamental, and this is where it does not need to be complicated. Scotland passed a Bill on hate crimes last week and excluded women and misogyny from it, saying that the issue was too complicated. There is a working group led by the noble Baroness, Lady Kennedy of The Shaws, and many will be interested in its outcome, but that will not be for many months.

I understand that the word “gender” was added to the amendment after previous stages in another place. Earlier versions used the correct legal definition of “sex” and did not have the late insertion of “or gender” so that has not been through lengthy scrutiny. I am concerned that adding “gender” here takes away from the clarity of Clause 73 in centering women. I reiterate that anyone who experiences domestic abuse deserves support and protection. Gender is neither definable nor defined in law, so including it here could undermine the single use of the word “female” in the Bill, again given that it is women who are disproportionately affected by domestic abuse. Surely we should be concerned about whether the police take crimes of violence, abuse and sexual harassment against women seriously, not what they perceive the attitude of the perpetrator towards the idea of sex or gender to be. Sex is a protected characteristic and defined in law, and is adequate to cover the intention of the amendment if it goes forward.

The Law Commission is developing a proposal on reforming hate crimes legislation and has consulted on it. It has an open question on whether include sex or gender in future, and that section alone runs to 43 pages out of a 544-page document. I understand that it received a great number of responses but, again, it will not be reporting any time soon, so it is important that we do not prejudge that outcome. It is also notable that the Law Commission’s proposal draws on the Office for National Statistics in setting out what it means by sex and gender. After the ruling announced this morning from the High Court, it may need to go back to the drawing board. My noble friend Lord Pannick, who is unable to be in his place today, has stated that he thinks it would be very unwise to legislate on this sensitive issue until we see the Law Commission consultation.

Scotland recently removed the word “gender” from a Bill on forensic medical services for victims of sexual offences to ensure that if a woman asks to be examined by a female doctor, there is no confusion or negotiation about what that means. I would also be really interested in the opinion of the domestic abuse commissioner on this amendment, particularly on the addition of the word “gender”.

My worry is that including gender and sex as a caveat to the word “female” in the guidance would prevent domestic violence services being clear about sex. Women who have been victims of domestic abuse need to be able to access female-only services if they choose and, again, all victims of domestic abuse need to be able to access services that offer support and protection. We must take misogyny and violence against women seriously, not just seek to be seen to do something when the issue is in the headlines. It happens every single day.

The Government have just reopened the consultation on their violence against women and girls strategy. Surely that is the right place to be dealing with this complex issue, rather than via this last-minute amendment and its additional wording.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I am pleased to speak in support of Amendment 87B, moved by my noble friend Lady Kennedy of Cradley and supported by the noble Lords, Lord Russell of Liverpool and Lord Young of Cookham. My noble friend gave the House some harrowing facts and figures today. They were shocking and, for me, illustrate why the Government need to act. This is not a time to hide away; it is the time to step up, and my noble friend’s amendment does just that.

The noble Lord, Lord Russell of Liverpool, led the debate on misogyny in Committee. We have spent considerable time during the Bill talking about violence, and violence directed towards women. As the noble Lord told us, this hostility against women generates a culture in which violence and abuse are tolerated, excused and repeated. Understanding how that interplays with domestic abuse is important; I agree entirely with the noble Lord’s comments and analysis there.

We need a culture change, from one where violence and abuse can be excused, tolerated and repeated to one where it is entirely unacceptable and not tolerated. To bring about that culture change, however, we need evidence, and that is what the amendment is all about. All through the passage of the Bill in your Lordships’ House, we have heard appalling examples of violence and tragic outcomes, in which often women victims of violence have been killed. In the examples given to this House there is a common factor of repeated reports being made to the police and other authorities but little or no action being taken until, tragically, it is often too late.

Several police forces have started to record misogyny as a hate crime, and that is enabling valuable data to be collected. The amendment from my noble friend Lady Kennedy of Cradley would move us further forward and require all police forces to record this information and access how it influences the incidence of domestic abuse. That would add to our understanding and help the Government in their difficult task of addressing this truly terrible situation. Sadly, that has been brought sharply into focus by the murder of Sarah Everard and the events on Clapham Common last weekend.

I am also clear that both men and women may experience incidents of violence and abuse. Nothing that I have said previously detracts from that, and we have all been moved by the contributions of the noble Lord, Lord Paddick, in previous debates. I agree with many of his points today, but possibly not with his conclusion. I think the amendment is a step forward, and this is an issue on which many of us agree. The noble Lord knows that I like and respect him very much, but I believe that women are more likely to experience repeated and severe abuse, including sexual abuse. I remind him of the dreadful fact that my noble friend Lady Royall of Blaisdon told the House: 30 women were killed by their partner or ex-partner between Second Reading of the Bill and Committee on Monday night, and she read out the names of those women to the House.

I too pay tribute to Sue Fish, the retired chief constable of Nottinghamshire, for the work that she and all the officers and staff of Nottinghamshire Police have done in this area since 2016. It has become the first police force to enable women and girls to report cases of abuse and harassment as misogyny. As my noble friend Lady Kennedy of Cradley said, thanks to the work taking place there, women in Nottinghamshire have been coming forward and reporting crimes. The noble Lord, Lord Russell, reminded us in Committee that to recognise misogyny as a category of hate crime would not make anything illegal that was not already illegal; instead, the amendment would enable a better understanding of the forms of violence and abuse that women experience by ensuring that they are all recorded effectively.

I am aware of the Law Commission’s review that is presently under way. I believe that the amendment would help it with that review, even just for a few months before it reports, and would further supplement the Government’s work in looking at the review and give them valuable data to enable them to respond positively. I am also aware of the interim report from the Law Commission and its views on sex and gender.

I concur with the comments of the noble Lord, Lord Young of Cookham. I believe that the intent behind this amendment will assist the Government in dealing with the appalling events that have been brought more sharply into focus not only last weekend but also during the discussions on this Bill.

The contribution of the noble Baroness, Lady Fox of Buckley, was interesting, although it is not one that had much in it that I can agree with. For me, this is not an issue of free speech; it is an issue of dealing with the most appalling violence against women and girls and how we can deal with that effectively. I support my noble friend Lady Kennedy of Cradley, and the Labour Benches will support her if she decides to divide the House. However, I hope that the noble Baroness, Lady Williams of Trafford, will respond positively and thus make a vote unnecessary.

--- Later in debate ---

[Lord Paddick (LD) [V]]

My Lords, this amendment seeks to ensure that guidance includes information on the link between domestic abuse and speech, language and communication needs, the impact of witnessing domestic abuse on children’s speech, language and communication, and the services available to support victims of domestic abuse with speech, language and communication needs.

The noble Lord, Lord Ramsbotham, has been unwavering in bringing these important issues before the House. In answer to the noble Lord’s amendment in Committee, the Minister spoke about the extensive engagement undertaken on the statutory guidance, including a specific working group focusing on disability, including learning disabilities. While that is welcome, I did not hear any commitment to address the specific issues raised in this amendment—in particular how, when children witness domestic abuse, it can lead to communication difficulties and the support required by those with speech, language and communication needs to help them to express the impact that domestic abuse has had on them. Can the Minister address those concerns? We support the amendment.

[Lord Kennedy of Southwark (Lab Co-op)]

The speech, language and communication needs of victims of domestic abuse have to be properly addressed. I pay tribute to the noble Lord, Lord Ramsbotham, for bringing this issue to the Floor of the House, as he did in Committee. He is absolutely right to do so.

The noble Lord’s amendment is important. If we are to have effective domestic abuse support for disabled people, it must be barrier-free and truly accessible. As the noble Lord told us, the ability to communicate is a vital skill. Those with communication difficulties are particularly vulnerable, which is why we need to ensure that local authorities, the police and all other agencies are able to address and ensure that they have provisions in place to make sure that people can make their points effectively and be understood, having their concerns met and needs addressed.

Today and in our previous debate, my noble friend Lady Andrews made the case for providing that extra support and ensuring that it is properly addressed in the guidance. I endorse my noble friend’s call for the guidance to be explicit, and I hope that the Minister can be absolutely explicit on that. The noble Lord, Lord Shinkwin, drew our attention to the needs of disabled people, which can be multiple and complex, and how effective communication plays such an important part, including the ability to communicate to public authorities. As the noble Lord said, just think if we could not communicate—how could we get anything done? It is not right that a victim of abuse is not listened to or heard.

My noble friend Lord Mann made very important points from his experience as a Member of Parliament for Bassetlaw of failings of schools and the social services in north Notts. I am sure that those failures are going to take place all over the country, and that is just one example. That is why we need to ensure that those issues are addressed. My noble friend Lady Whitaker drew attention to the particular risk that children find themselves in.

I hope that the Minister can address those issues; I am sure that he will be very aware of the potential of a vote on this amendment. He will not want to tempt the noble Lord to do that.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I pay tribute to all noble Lords who have spoken in this short but powerful debate. As the noble Lord, Lord Ramsbotham, said in opening it, noble Lords bring a wealth of experience to the scrutiny of Bills and, in a short number of contributions, they have done that tonight—whether it is the noble Lord himself through his work as co-chair of the All-Party Parliamentary Group on Speech and Language Difficulties, the noble Baroness, Lady Finlay of Llandaff, in her role as chairman of the National Mental Capacity Forum or my noble friend Lord Shinkwin and the noble Baroness, Lady Whitaker, who speak from first-hand experience. Then there is the noble Lord, Lord Mann, with his constituency experience, and others. The noble Baroness, Lady Whitaker, reminded us that she speaks as a stammerer, just like the new President of the United States of America—and, as it is his birthday today, like my uncle, who is also a stammerer. I hope that people watching this debate will be inspired by their examples as well as by the content of what they have said.

As noble Lords have all rightly said, people with speech, language and communication needs can be especially at risk of harm and, of course, domestic abuse, as well as facing additional barriers in accessing services. As we said in Committee, we know that this is not a niche issue, nor should it be treated as such, especially in the context of domestic abuse, so we are grateful for the opportunity to continue the debate today.

In July 2020, the Government published the draft statutory guidance that will accompany the Bill, which made specific reference to special educational needs and disabilities. The Government have engaged widely on this already, including through a specific working group focusing on disability, deafness, and learning disabilities. I am pleased to say that, thanks to that engagement and the further engagement that we have had, including that which the noble Baroness, Lady Finlay, has had directly with officials involved in drafting, we will revise the guidance to make further express reference to speech, language and communication needs, in relation to not just those with special educational needs but the links between domestic abuse and those with communication needs, specifically children and young people. I am pleased to say that we will cover the points on which noble Lords have rightly pressed me again this evening.

We recognise the impact that domestic abuse can have on the development of children’s speech and communication. We know that children can express themselves in a variety of ways, and it is important, as noble Lords have said, that we are all mindful of that —especially in the context of domestic abuse. For instance, children may display behaviour that might seem aggressive to mainstream professionals when, really, their communication needs are not being tailored appropriately. We are very clear that it is important that we give children and young people the right support as and when they need it because of their vulnerabilities. That is why the guidance issued under Clause 73 includes specific sections on children and how best to support what we know can be their unique needs.

We know that domestic abuse has a devastating impact on all its victims, and that recognising the needs of individual victims is essential, which is why the statutory guidance goes into this particular detail. The guidance also details how perpetrators can exploit these communication needs and requirements. Whether it is through a perpetrator insisting that they are the only person to interpret, preventing access to an external interpreter or removing the victim’s hearing aids, these are horrific tactics, which we know are used to perpetuate abuse, and they will be covered in the guidance.

The Government continue to prioritise improving speech and language outcomes, based on early identification and targeted support. I have previously referred to Public Health England’s excellent guidance, drafted in conjunction with the Department for Education. The guidance outlines the system-wide approach for commissioning early years support on speech, language and communication services. Additionally, speech, language and communication services for children and young people are covered by joint commissioning arrangements set out in the special educational needs and disabilities code of practice. Education, health services, local authorities and youth offending teams can come together to assess needs and agree a local offer. Joint commissioning gives agencies the opportunity to consider the wider factors and interdependencies, such as domestic abuse, and design services accordingly.

In conclusion, we recognise that speech, language and communication needs are extremely important, which is why they will be expressly covered in guidance. There is a wealth of guidance already available, and we intend to augment this with the statutory guidance to be issued under Clause 73. That guidance will be subject to formal consultation following Royal Assent, and I shall ensure that the all-party group which the noble Lord jointly chairs has an opportunity to take part in that process. The forthcoming domestic abuse strategy will afford a further opportunity for us to ensure that we are adopting a whole-system approach when tackling this crime and these unique needs.

I hope that in the light of my reassurances and with my renewed thanks for his and other noble Lords’ engagement on this important issue, the noble Lord will be content to withdraw his amendment.

Domestic Abuse Bill

Lord Kennedy of Southwark Excerpts

Report stage
Monday 15th March 2021 Lords Chamber

I hope that the Minister will agree with the noble Lord, Lord Young, and accept the amendment and tidy it up before presenting it to the Commons. We await his answer with bated breath, and if the noble Baroness, Lady Deech, decides to test the opinion of the House, I and my party will support her.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I first declare that I am a vice-president of the Local Government Association, chair of the Heart of Medway housing association and a non-executive director of MHS Homes Ltd.

I am pleased to offer my support for Amendment 66B, proposed by the noble Lord, Lord Randall of Uxbridge. As the noble Lord set out, victims of domestic abuse can often endure lifelong risk from perpetrators, even when a relationship comes to an end. The noble Lord is doing a good job of highlighting that, where victims want to get away from their perpetrators, the actions of some local authorities can make that difficult or impossible and that that should not be the case. The noble Lord has highlighted a very important issue.

I was delighted to add my name to Amendment 87C, proposed by the noble Baroness, Lady Deech, and if she is minded to divide the House, then these Benches will support her. In many ways, the amendment deals with the other side of the coin in respect of tenancies. Where a victim wants to stay in their home and a landlord is either the local authority or a private registered provider of social housing, the amendment would give the victim the power to apply to the county court for an order to remove the abuser as a joint tenant, and clearly sets out the approach the court must take.

Both these amendments are about enabling the victim to make the choice they want to, putting the power of choice in their hands—the choice that affords them and their children the protection they need and want. We all know that domestic abuse is all about power and control, and these amendments are about taking steps to address the balance and support victims, so that they can start rebuilding their lives. I thank the noble Lord, Lord Parkinson of Whitley Bay, for his engagement on the issue; it is very much appreciated.

The noble Baroness, Lady Burt of Solihull, set out carefully why the option to wait and see what happens in Scotland is not particularly attractive to us. If we are going to accept the offer of consultation, we will need very clear timescales. I have raised many times before the whole range of government consultations that we never seem to get to the end of, so I do not think a consultation in itself is sufficient; we need very clear timescales. I will wait to hear the noble Lord’s response, but I repeat: if the noble Baroness wants to test the opinion of the House, then these Benches will support her.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, these two amendments deal with two separate aspects of housing law. The noble Baroness, Lady Burt of Solihull, asked why they have been glued together and why we could not take Amendment 66B with 66A. The simple reason is that it was tabled too late to do so, as my noble friend Lord Randall of Uxbridge accepted in his speech on the previous day of Report, but I am very glad that we are able to take it as first business today, on the third day of Report, and pick up where we left off.

As my noble friend Lord Randall of Uxbridge explained, his Amendment 66B seeks to prevent local authorities applying a local connection test to victims of domestic abuse when applying for social housing. Since 2012, local authorities have had the power to decide who qualifies for social housing in their area. Many local authorities use their qualification power to apply a local connection test to social housing, and statutory guidance published in 2013 generally encourages them to do so. However, the guidance also advises local authorities to consider making appropriate exceptions, including for people moving into an area to escape violence or harm. Additional statutory guidance was published in 2018 which strongly encourages authorities not to apply a local connection test to victims of domestic abuse who have escaped to a refuge or other form of safe temporary accommodation.

Despite this, as my noble friend pointed out, there is anecdotal evidence from the domestic abuse sector that some local authorities continue to disqualify victims of domestic abuse from social housing where they do not have a local connection. I understand and sympathise with the motivation underlying the amendment, which is to put that matter beyond doubt. However, the Government have some concerns with my noble friend’s amendment as drafted. A key concern is that the new clause it proposes would prevent a local authority considering the location of the abuser. We believe that that is an important consideration which the local authority should be able to take into account to ensure that the victim does not inadvertently end up living close to their abuser, which of course would undermine the purpose of the amendment and what my noble friend is seeking to achieve.

We have, however, listened carefully to and reflected on the points put forward by my noble friend Lord Randall of Uxbridge on the use of a local connection test. We want to make absolutely sure that victims and survivors of domestic abuse who need to move to another local authority area are not put at a disadvantage when seeking a social home. I am pleased to be able to give a commitment today that we will consult on regulations to prevent local authorities applying a local connection to victims of domestic abuse applying for social housing. The consultation will consider the scope of regulations and the circumstances in which the exemption would apply. We believe that this level of detail is best left to secondary legislation, and we have existing powers to make such regulations.

Consultation will provide the opportunity to engage with the domestic abuse sector, survivors and local authorities, to follow up on the anecdotal evidence which my noble friend has outlined, and to ensure that all their interests are considered and that the regulations achieve the desired aim of improving the protections for victims of domestic abuse.

Turning to Amendment 87C, as the noble Baroness, Lady Deech, has explained, this seeks to allow victims of domestic abuse who have a joint social tenancy with their perpetrator to transfer the tenancy into their own name. It also seeks to prevent the perpetrator ending the tenancy unilaterally. I am grateful to the noble Baroness and other noble Lords for bringing this issue to our attention again, and for the constructive conversations and engagement that we have had on this issue since Committee. We recognise and are sympathetic to the concerns which lie behind this amendment. We understand that, in the case of domestic abuse, the rules on terminating periodic joint tenancies may have the potential for perpetrators to exert further control over their victims. The amendment is intended to address this problem and enable the survivor to remain in the family home.

The proposed new clause would apply to social tenancies—both local authority and housing association ones. Most social tenants have lifetime tenancies, meaning that the tenant cannot be evicted provided that they comply with the terms of the tenancy. For this reason, a social tenancy can be an extremely valuable asset. That is why we are including provisions in the Bill which seek to provide security of tenure for victims of domestic abuse who have a lifetime tenancy and are granted a new tenancy by a local authority for reasons connected to that abuse.

Currently, where any joint tenant of a periodic tenancy serves a notice to quit, the law provides that the whole tenancy ends and that the landlord can seek possession of the property. This is a long-standing rule, established through case law and recently upheld by the Supreme Court in the 2014 case of Sims v Dacorum Borough Council. The rule seeks to balance the interests of each joint tenant as well as those of the landlord. This means that if a victim of domestic abuse has a joint tenancy with the perpetrator and has fled their home to escape abuse, they would be able to end the tenancy to ensure that they are no longer bound to a tenancy with their abuser.

When we debated this issue in Committee, I explained that the Government had several concerns with the amendment that had been tabled. I am grateful to the noble Baroness, my noble friend Lord Young of Cookham and all the other noble Lords who have spoken today for meeting me to discuss those concerns in greater detail with officials—I thank them too for their time and work on this. I note that the new amendment seeks to address some of the concerns that we outlined and discussed. In particular, the amendment now provides for notice of the application to be given to the perpetrator, the landlord and any other tenant. In addition, it deals with the issue of joint and several liability by providing that the perpetrator remains responsible for any rent arrears or other liabilities accrued before the court order for transfer is made.

However, we continue to have some concerns about the amendment, even as redrafted. It cuts across a number of long-established principles of common law—for instance the principle that an individual cannot be “removed” from the joint tenancy or cannot relinquish their share, as well as the rule on the termination of periodic joint tenancies, which I mentioned a moment ago. Given that these rules have wider application, we believe that it is important that any changes be considered in the round.

The amendment would introduce some new concepts to an already complex area involving not just common law, as the noble Baroness, Lady Deech, mentioned, but housing law, contract law, family law, and matrimonial law. The history of litigation in the field of housing in particular means that we would want to consider very carefully the introduction of concepts of removal from a tenancy and a tenancy continuing as if one joint tenant had never been a party to it in order to think through the possible implications fully. I hope noble Lords will understand how important it is that any changes do not have unintended consequences in this complex area of legislation.

A key concern is that the amendment still fails to provide for how the interest of third parties might be taken into account by the court, including the landlord, any other joint tenant, or any dependent children. It is for landlords to decide whether to grant a tenancy for their property and on what basis. They may decide to grant a joint tenancy for a number of reasons, including affordability and because joint tenants are jointly and severally liable for paying rent or looking after the property. However, the amendment would mean that the number of tenants could be changed without consideration or consent from the landlord as the owner of the property.

We absolutely concur that it is essential for survivors of domestic abuse to have access to a safe and stable home. However, social landlords have to balance difficult decisions. In some cases where a property may no longer be suitable, or indeed safe, for a survivor to remain it might be more appropriate for a social landlord to offer a survivor of domestic abuse a tenancy on a different property.

In addition, the amendment could result in interference with a housing association landlord’s own rights under human rights law. Since this engages other parties’ human rights, including those of the perpetrator, we need to carefully consider the right approach to balance those rights, and to ensure that any interference is proportionate and justified. We also have some concerns about whether the proposals are sufficient for the purposes of the perpetrator’s Article 8 right to respect for home and family life. I completely agree with the noble Baroness, Lady Deech, that the victim’s rights should be uppermost in our minds, but these are considerations that a court must take into account in possession proceedings. In addition, the requirement for the court to make an order “if not opposed” is unusual.

We have listened carefully to and reflected on the points raised by this amendment and during our previous debates. We want to consider the different issues and interests carefully, including the human rights case law that the noble Baroness mentioned, to ensure that any solution has the intended outcomes for all parties concerned. That is why I am pleased to give a further commitment today, as I did in my letter to noble Lords, that we will carry out a public consultation on this issue to help us better understand the complex legal and practical issues involved. Consultation will provide the opportunity to engage with the domestic abuse sector, survivors and victims, and local authorities to ensure that their interests are all considered, and that any changes to the law achieve the desired aim of improving protections for victims of domestic abuse.

The public consultation would also allow us to consider other solutions that have been put forward to this problem. For example, as the noble Baroness, Lady Deech, and my noble friend Lord Young of Cookham mentioned, the Scottish domestic abuse Bill seeks to introduce a new ground for eviction that would enable social landlords to remove the perpetrator of domestic abuse from the property and transfer it into the survivor’s name. That has not yet been enacted by the Scottish Parliament, but if and when it is we will want to see how it works, albeit that I acknowledge the point correctly put by the noble Baroness, Lady Burt, about doing that swiftly.

I understand that noble Lords will be concerned about the extra time that this consultation will take, so I will say something about timing. We would seek to issue the consultation this summer, following Royal Assent to the Bill. We would expect to carry out a standard 12-week consultation to allow for proper consideration of these complex issues, then consider the responses and publish a government response as soon as possible in the new year. Thereafter, we would seek to legislate, if appropriate, at the earliest available opportunity. I am happy to provide that answer.

I hope that provides sufficient reassurance to my noble friend Lord Randall of Uxbridge and the noble Baroness, Lady Deech, on how seriously we take these issues. We are committed to consult on both of them and to take forward the outcome of those consultations as soon as practicable thereafter. I hope that, having given those commitments, they will be content not to press their amendments.

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[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Wolfson of Tredegar) (Con)]

My Lords, when we debated the amendment tabled in Committee by the noble Lord, Lord Kennedy of Southwark, which intended to prohibit GPs from charging domestic abuse victims for legal aid evidence letters, I made clear my intention to try to reach a satisfactory conclusion on this matter. I was also clear that the Government wholeheartedly agree that vulnerable patients should not be charged for evidence to support them in accessing legal aid. That remains the Government’s position.

In Committee, I gave an undertaking to give this matter detailed consideration before Report, while, I hope helpfully, pointing out some technical defects with the amendment tabled but ultimately withdrawn by the noble Lord. The current position is that GPs can provide services in addition to NHS contracted services. These are classified as private services for which GPs have discretion to charge the patient for their completion in lieu of their professional time. The provision of letters of evidence to enable access to legal aid is one such private service.

A GP is one of many professionals to whom a vulnerable person can turn for a letter to provide evidence of domestic abuse for access to legal aid. It is up to the discretion of an individual GP practice as to how much any charge for private services should be and, indeed, whether a charge should be levied at all.

As part of the 2020-21 contract agreement, the British Medical Association recommended to all GPs that a charge should not be levied for letters providing this evidence. That was a welcome and important step forward, and a recognition by the BMA that vulnerable patients with limited means should not be expected to pay for such letters. We recognise and commend the vast majority of GPs who are following this guidance, but we recognise that this is a non-binding recommendation from the BMA, so we now move with this amendment to remedy this gap, having considered the matter carefully since Committee.

Amendment 66C achieves our aim. It will provide that no person may charge for the preparation or provision of evidence demonstrating that a person is, or is at risk of being, a victim of domestic abuse for the purpose of obtaining legal aid. The “relevant health professionals” listed in subsection (4) of the proposed new clause are those providing services pursuant to any of the general medical services, personal medical services, or alternative provider medical services contracts. A “relevant health professional” who has assessed the patient in the course of providing services under any of those three contracts will be prevented from charging for such a letter.

Importantly, the same amendment also prohibits charging for this letter through any vehicle, the health professional themselves or the practice, be it a company or a partnership. Nobody who seeks evidence from such health professionals demonstrating that they are a victim of domestic abuse, or are at risk thereof, for the purposes of obtaining access to legal aid, may be charged under the government amendment. With the agreement of the Welsh Government, this amendment will extend to England and Wales, subject to a legislative consent Motion which is being debated in the Senedd tomorrow.

In these respects, Amendment 66C will go further than Amendment 71 tabled by the noble Lord, Lord Kennedy. As I observed on a previous occasion, that amendment relies solely on the definition of a general medical services contract in Section 84 of the National Health Service Act 2006, therefore covering only one of those three types of GP contracts, and would not apply to almost 30% of practices. Obviously that was not his intention, but it is an important drafting point.

We have also taken the opportunity to future-proof this prohibition through the two regulation-making powers in proposed new subsections (3)(b) and (6). Proposed new subsection (3)(b) enables the Secretary of State to extend the scope of the prohibition beyond legal aid, should a health professional’s evidence of domestic abuse ever be relevant in other contexts, while proposed new subsection (6) enables the Secretary of State, or the relevant Welsh Ministers, to alter the lists of professionals and contracts caught by the prohibition. Should a change in the delivery of health service necessitate a change in the scope, we can do that with the appropriate regulations.

The remaining government amendments are largely consequential on Amendment 66C. Amendment 89A amends Clause 73 to provide that the Secretary of State can issue guidance about the prohibition. Amendment 103A provides for commencement on the first common commencement date following Royal Assent. Government amendments 95A to 95C, 98A to 98C and 99A to 99C make consequential amendments to Clauses 74, 75 and 76 respectively.

I remember well that in Committee the noble Lord, Lord Kennedy of Southwark, read out an impressive list of occasions when he had raised this matter. He went so far as to list the names of my illustrious predecessors with whom he had engaged, and I know that they worked hard to resolve this matter. On that occasion, I said that I hoped to escape the horrid fate of being added to his list, and I hope that I have achieved that very modest ambition. However, delighted as I am to be the Minister standing today at the Dispatch Box, moving these amendments to bring this very long-running problem to a close—I hope—I am conscious that many other Ministers, present and previous, have worked on this matter, and without their efforts we would not have got to where we are today.

We have listened carefully to the points made by the noble Lord, Lord Kennedy, and other noble Lords, on this important matter. I am pleased that this Government have been able to table these amendments. I look forward to the contributions of other noble Lords, and I beg to move.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I am delighted with the amendments tabled by the Minister. I thank him very much; the amendments have my full support. I will at the appropriate time not move my amendments on the Marshalled List.

This campaign has been a long one. I will spend a few minutes setting out how it started, thanking those people who have got us to this day, and paying tribute to those whom I cannot mention. The campaign was started by a domestic abuse survivor in the Wythenshawe area of Manchester, on discovering that their local GP was charging victims of domestic abuse for letters that they needed when applying for legal aid. They thought that this was wrong and decided to change the law. I thank Katy—I am not allowed to give her surname—who first raised the issue with my friend Tom Watson, when he visited Safespots Wythenshawe. He raised the matter in Parliament.

I thank Mike Kane, the local MP who supported the campaign for many years; Laura Hitchen, the local solicitor in Manchester who highlighted how widespread the problem was; Councillor Sarah Judge, who works at Safespots; all the Safespots women who are victims of abuse and who stood up and decided to change the law; Manchester City Council and the other local authorities that gave their support to the campaign; all the police and crime commissioners who gave their support, including my noble friend Lord Bach; Sue Macmillan, my good friend for many years, who got the Mumsnet campaigners on the case; Charles Hymas, the home affairs editor of the Daily Telegraph, for shining a light on the issue at the right time; my good friends Stephanie Peacock MP, for kindly raising the issue in the other place, and Stella Creasy MP, for her valuable advice and support; the noble Baroness, Lady Bertin, who supported me in Committee, along with the noble Baronesses, Lady Bull and Lady Burt of Solihull, the right reverend Prelate the Bishop of London and the noble Baroness, Lady Newlove, who has always been supportive and who encouraged me to carry on; and noble Lords of all parties and on the Cross Benches who have supported me in my numerous questions to a variety of Ministers, whom I thank for their responses to all the amendments to government Bills that I have moved over the years. I have involved officials from at least four government departments.

I also thank Victoria Atkins MP, a Home Office Minister who listened and was a great help in getting out of this position. I am also grateful to our Minister—the noble Lord, Lord Wolfson of Tredegar—who on 8 February, when I raised the issue in the House, listened, bringing these amendments back to the House today. My final thanks go to the noble Baroness, Lady Williams of Trafford. I have tremendous respect for her, and she is also my friend. She listened and understood the points being made and played a key role in us getting to where we are today. I am tremendously grateful to her.

I have always said that this is a good Bill, and it is undoubtedly a better Bill because of the work that we have done in this House. With these amendments being agreed today, we are ending the postcode lottery in which a victim of domestic abuse could be charged by their GP for a letter that they need to gain access to legal aid. With these amendments, that position ends. This is wonderful. I am delighted to have played a small part in achieving this.

[Lord Naseby (Con) [V]]

My Lords, I thank my dear friend the noble Lord, Lord Kennedy, who has been a wonderful campaigner on this issue. I went back in history a little way because I have the privilege of being the husband of a retired GP. Under the old contract from the pre-Blair period, things were not quite as confusing as they subsequently became. We all know that any GP, when faced with this situation, would do a thorough medical examination. This has never been in doubt. In the period after the Major Government this became less clear; I do not know why, but it did. I thank all the people whom the noble Lord mentioned, and Her Majesty’s Government. It is not easy, particularly at times like this, when everyone is focused on Covid, to make progress on a difficult area. Obviously the Ministers have worked very hard on it, and I pay tribute to the hard work that they have put in.

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[Lord Paddick (LD) [V]]

My Lords, this debate has been filled with harrowing examples, including powerful personal testimony such as the moving account the noble Baroness, Lady Bertin, gave of her cousin.

In Committee, a similar amendment in the name of the noble Baroness, Lady Royall of Blaisdon, was introduced to make it a legal requirement that serial domestic abuse offenders or stalking perpetrators are registered on ViSOR, the violent and sex offender register, and that they be subject to supervision, monitoring and management through existing Multi Agency Public Protection Arrangements, or MAPPA. In Committee, I suggested that existing legislation and codes of practice may already require dangerous serial domestic abuse and stalking perpetrators to be supervised, monitored and managed through MAPPA, and that the issue may be one of the police and other agencies not complying with existing legislation rather than a problem with the legislation itself. The Minister appeared to agree with me. However, clearly something needs to change, as the noble Baroness, Lady Royall of Blaisdon, so powerfully set out. Women are dying because serial offenders are slipping through the net and, if this part of Amendment 73 is not the answer, the Government need to explain very clearly what they are going to do.

My noble friend Lady Brinton’s personal experience, so bravely and powerfully put, and the personal experience of the noble Baroness, Lady Grey-Thompson, should leave the House in no doubt that action is needed urgently. Unlike the amendment in Committee, this amendment includes a requirement to review the operation of its provisions and to lay a report before Parliament that includes a comprehensive prevention and perpetrator strategy for domestic abusers and stalkers. Amendment 81 in the name of my noble friend Lord Strasburger also requires the Government to lay before Parliament a comprehensive prevention and perpetrator strategy for domestic abuse, the case for which he has so clearly set out.

I will not repeat the arguments I made in Committee. Suffice it to say that we on these Benches support both of these amendments, and were the opinion of the House be tested, we would support them.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, Amendment 73, proposed by my noble friend Lady Royall of Blaisdon with my noble friend Lord Hunt of Kings Heath, the noble Baroness, Lady Brinton, and the noble Lord, Lord Russell of Liverpool, has my full support, as does Amendment 81, tabled and moved by the noble Lord, Lord Strasburger.

Like other noble Lords, I send my condolences to the family of Sarah Everard and of all the other women who have been murdered since Second Reading. As was pointed out, 30 women have been murdered since Second Reading, which is an absolutely horrific figure.

My noble friend Lady Royall made a powerful case and laid out a comprehensive framework to deal with the perpetrators of domestic abuse and stalkers. Her amendment would require there to be a report before Parliament within the next 12 months looking at the operation of the provisions as set out in the amendment. My noble friend was right when she said that it is time for men to step up and take ownership, and take responsibility for this issue. The cases she referred to are harrowing but, sadly, they are only the tip of the iceberg: horrific abuse and a catalogue of failure by the authorities to understand the risk that these women were at, often only understanding that risk when it was too late and they had been killed. As has been said, 30 women have died, murdered by their partner, between Second Reading and today’s debate. That figure should be enough in itself for the Government to want to act. We have had a complete failure of practice and process, and we need to ensure that there is a proper, national framework to identify, assess and manage perpetrators. It is most important that people are not lost in the system. We need a comprehensive perpetrators strategy: nothing less will do.

The noble Baroness, Lady Brinton, in setting out the case for women who are murdered, demonstrated the need for that national solution and the failed system. I am very sorry to learn of the personal abuse the noble Baroness has suffered at the hands of a political opponent. Sadly, it means that she can speak with first-hand experience as a victim of appalling abuse and stalking. It seems to me, from what she told us, that the perpetrator was treated very leniently for the crimes that he committed. I was not aware of the murder of the cousin of the noble Baroness, Lady Bertin, and she is absolutely right that we have to match heartfelt words with actions. We have to break this horrific cycle, and that needs a proper multi-agency approach that leads to action. We need to ensure that we bring up better boys to become better men. That is what needs to happen here. That happens in the home, but if people in the home are seeing violence and abuse as part of their daily lives, are we surprised that when they become older, they behave in an equally appalling way and we get these dreadful, horrific crimes?

The noble Baroness, Lady Grey-Thompson, reminded the House of the abuse that women in public life have suffered, which, again, is totally unacceptable. One of my best friends—I will not mention her name—is a Member of the other place. We used to work together at the Labour Party. She was proud to be elected to Parliament to represent the constituency she lives in. She and her family suffered appalling abuse from a stalker, who found out where they lived and would turn up outside their front door, sent abusive emails and generally made their lives a living hell. In the end, my friend and her husband sold their home and moved to another part of the constituency, and the perpetrator went to prison for his crimes. In the new home, there are panic alarms, a special thing on the letter box and other security measures. This is no way to live, just because you want to represent your community and are good enough to stand for a party and get elected. It is appalling. I remember my friend telling me, when we had a coffee in Portcullis House, “Actually, Roy, I’m quite safe here. But I’ve left my husband and two kids under 16 at home, where this person knows we live. That is what really worries me while I am down in London during the week.” It is awful. She is not the only person; there have been horrific cases of women of all parties facing horrific abuse, particularly in the House of Commons. That is outrageous, and we must stop that.

Domestic Abuse Bill

Lord Kennedy of Southwark Excerpts

Report stage & Lords Hansard
Monday 8th March 2021 Lords Chamber

[Baroness Burt of Solihull (LD)]

My Lords, I will speak to Amendment 15, in the name of the noble Baroness, Lady Armstrong, to which I have added my name. My noble friend Lord Marks has already given a very full and knowledgeable explanation of Amendment 44 and its importance. Amendment 15 is a slimmed-down version of Amendment 53, tabled in Committee, which I also supported. This amendment is also less prescriptive than the original: instead of a statutory requirement to train, it now requires only reports to the commissioner on what training is being done. I have seen the letter from the Minister to the noble Baroness, Lady Armstrong, and am pleased to hear about the lengths that are being gone to in order to produce the guidance, which has already been drafted, and the comprehensive framework, to be published later this year.

However, guidance frameworks are not a magic wand. They do not make departments implement them. The commissioner needs to know how far the guidance is actually being followed. She still needs the information so that she can analyse what training is being undertaken, build a picture of best, and less good, practice, and share that publicly in her annual report—not to shame, but to show.

In Committee, we discussed extensively the variability in the prevalence and effectiveness of training across different public authorities and different geographical areas. If we learned nothing else, we learned that the problem of domestic abuse is no respecter of circumstances, class, ethnicity or geographical area. We learned that the problem is pervasive, affecting an estimated 1.6 million people in 2019, and we know that it got worse during the pandemic. In her response, the Minister declared the Government to be fully in agreement with the aims of the then amendment, but she said that a statutory duty “risks undermining professional judgment” and that she did not want

“these sensitive and complex conversations to turn into some sort of tick-box exercise.”—[Official Report, 27/1/21; col. GC 1738.]

That is absolutely fair enough, but it is not the issue here. While some have had excellent professional training, others have not and do not have the confidence to even broach that “sensitive and complex” conversation to which the Minister referred. They may not even have a tick box. In Committee, we heard from the noble Baroness, Lady Armstrong, about reports from the campaigning group Agenda stating that, although 38% of women with mental health problems had been abused, one-third of mental health trusts did not even have a policy on domestic abuse.

If you look at Clause 15(3) of this Bill, you will see how many specific public authorities are involved with domestic abuse—in my Amendment 12, I have added a few more for good measure. Amendment 15 would enable the commissioner to form a picture of what training is, or is not, happening in all public authorities which have contact with victims. She could use this intelligence to form a picture of where opportunities are being utilised and where they are being missed. She could see where training is effective—and we have heard several examples of that—and where it is not. She could issue guidelines built on knowledge of what works in different circumstances. This modest amendment could have big consequences for the chances of victims—whoever they are and whichever public service they use—to be spotted and helped. Let us give our commissioner the tools she needs to do the job.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I am conscious of the time, so the House does not need 15 minutes from me on why we should support these amendments. I will make a few quick points to enable the Minister to respond fully to the debate.

I support both amendments. We have heard some excellent speeches this evening. I hope the Minister can give a detailed response to my noble friend Lady Armstrong. She has amended her amendment to take on board the comments made by the Minister in Committee.

I hear that the noble Baroness, Lady Helic, may divide the House on Amendment 44 when we reach it. I can offer the support of these Benches if she decides to do so. This may focus the minds of some noble Lords in this debate. I shall leave it there and look forward to the Minister’s response.

[Baroness Williams of Trafford (Con)]

My Lords, I thank the noble Lord, Lord Kennedy, for the parting shot. I thank the noble Baroness, Lady Armstrong, and my noble friend Lady Helic for raising the issue of training for front-line professionals in relation to domestic abuse. Quality training is important to equip practitioners with the knowledge and skills they need to protect and support victims of domestic abuse, including children, in an appropriate manner.

We can also agree on another aspect of the amendment from the noble Baroness, Lady Armstrong. As the noble Lord, Lord Hunt articulated, professionals need to have the skills and confidence to ask the right questions about domestic abuse, and then take the right course of action. If the pandemic has taught us anything, it has served to further highlight the importance of professionals across a wide range of disciplines recognising the signs of domestic abuse and responding accordingly.

The noble Baroness, Lady Uddin, talked about relationship and sex education in schools. Healthy relationships in this area are more important than ever.

In January, we launched “Ask for ANI”, the code word scheme that is now in operation across thousands of pharmacies. The scheme provides a clear process to follow. Working closely with the sector, we have developed bespoke training and guidance to support it to deliver this additional assistance. We have ensured that victims have a means to access potentially life-changing support, and have seen more than 45 uses of the scheme already. This is excellent news.

Those working in vaccination centres are also being provided with bespoke training to ensure that they pick up any signs of domestic abuse and can respond to disclosures should they be made in such safe spaces. I am sure we can all agree that the response and approach to identifying domestic abuse in a pharmacy and in a vaccination centre is very different from how one might respond in a school or a job centre. That is why reporting protocols and training are best developed and delivered by the appropriate responsible agency in each sector. Therein lies the expertise, so we should not adopt a one-size-fits-all approach. The training needs to be tailored to the circumstances of each professional group and will, therefore, take many different forms.

While the domestic abuse commissioner and her office may support organisations in the development of their training, and may deliver some training itself—as Clause 7(2)(d) envisages—it is not appropriate, or indeed realistic, to expect the commissioner to be specifying training or reporting standards for the diverse range of public authorities specified in Clause 15.

Authority to Carry Scheme and Civil Penalties Regulations 2021

Lord Kennedy of Southwark Excerpts

Tuesday 2nd March 2021 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank the Minister for her explanation of the purpose of these regulations. I put on record that the Labour Party gives the Government, the security agencies, the police and other law enforcement agencies our full support in their fight against terrorism and criminality in all its forms.

I welcome the measures that strengthen protections at UK borders as they help keep people safe. I noted in the Explanatory Memorandum that the Home Office has refused carriers the authority to carry 8,000 individuals seeking entry to the UK, including 3,000 individuals previously deported from the UK, 4,600 individuals using lost or stolen travel documents, and 180 individuals previously excluded from the UK.

Further, I welcome that these measures support and relieve the pressure on hard-working UK border officials and other operational partners. They save time and money, enhance our security, and stop those who would otherwise be prevented from entering at the border even attempting to make the trip.

I am fully aware of the context for why these measures were in place in the first place: as an additional measure to stop fighters travelling to and from Syria and Iraq. I fully support that aim.

I have a few questions that I hope the Minister will be able to answer. First, the Explanatory Memorandum does not make it clear when the updated guidance will be provided on the operation of the scheme and the penalties for non-compliance. Can the Minister tell the House when this guidance will be forthcoming?

Can the Minister confirm that the maximum penalty will be £50,000? How many carriers have been fined and what was the level of the fine imposed on them? Further, is there a mechanism for uprating the fine so that it keeps pace with inflation? Has the Home Office undertaken any assessment of the deterrent effect of a fine of up to £50,000? If not, is there a plan to do so? If no assessment has been undertaken and there are no plans for one, how do we know that this is the correct figure to provide that deterrent effect?

Can the Minister say a little bit about the carriers’ compliance with the scheme generally? What can the Government do to a carrier that is in persistent breach of its obligations under these regulations beyond imposing a monetary penalty?

The noble Baroness, Lady Warsi, made valid points about the regulations being here to prevent people leaving the UK, as well as people arriving into the UK. She raised the tragic case of Shamima Begum, and legitimate questions about how this matter can be resolved that need to be answered. The case raises important public policy matters that the Government have to resolve about our obligations to the wider international community.

The noble Lord, Lord Dodds of Duncairn, spoke about the risk of individuals who would otherwise not be eligible to travel to the UK seeking access through the Republic of Ireland. It would be good to hear about the measures in place that support the freedoms we enjoy in the common travel area. As the noble Lord said, we cannot have carriers evading their responsibilities under these regulations. To be clear: I fully support the common travel area. Other than my immediate family, all my family live in the Republic of Ireland, so I have made use of the common travel area from my youngest days. I have travelled backwards and forward there many times. I fully support it, but the noble Lord raised a valid point.

With those questions, I am happy to support the regulations before the House. I look forward to the Minister’s response.

Non-Domestic Rating (Public Lavatories) Bill

Lord Kennedy of Southwark Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wednesday 24th February 2021 Lords Chamber

1: Clause 1, page 1, line 6, after “day,” insert “the hereditament is a publicly-owned library or community centre or a local authority property that is free of charge to enter and contains a public lavatory that is free of charge for anyone to use, or”

Member’s explanatory statement

This amendment would extend the rate relief to publicly-owned libraries and community centres, and local authority properties, which are free to enter and which contain public lavatories that are free to use.

[Lord Kennedy of Southwark (Lab)]

[Lord Greaves (LD)]

--- Later in debate ---

It is right that the measure should remain a targeted relief, focused on providing support for public facilities in specific circumstances. On this basis, I hope that the noble Lord, Lord Kennedy, will agree to withdraw his amendment.

[Lord Kennedy of Southwark (Lab Co-op)]

Amendment 1 withdrawn.

--- Later in debate ---

[Baroness Pinnock (LD) [V]]

[Lord Kennedy of Southwark (Lab Co-op)]

[Lord Greenhalgh (Con)]

--- Later in debate ---

3: Clause 1, page 1, line 7, after “lavatories” insert “which are free of charge for anyone to use”

Member’s explanatory statement

This amendment would confine the rate relief to public lavatories that are free of charge to use.

[Lord Kennedy of Southwark (Lab Co-op)]

[Lord Greaves (LD)]

[Lord Greenhalgh (Con)]

[Lord Kennedy of Southwark (Lab Co-op)]

Amendment 3 withdrawn.

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[Baroness Pinnock (LD) [V]]

[Lord Kennedy of Southwark (Lab Co-op)]

[Lord Greenhalgh (Con)]

--- Later in debate ---

5: Clause 1, page 1, line 8, after “zero”, insert “; and where, on a chargeable day, the hereditament consists partly of public lavatories, the chargeable amount for the chargeable day of the public lavatories shall be separately calculated and the chargeable amount for the chargeable day of the hereditament shall be reduced by the amount calculated in respect of those public lavatories.”

Member’s explanatory statement

This amendment would give rate relief to premises that consist partly of public lavatories according to the proportion of the premises occupied by those lavatories.

[Lord Kennedy of Southwark (Lab Co-op)]

[Lord Hope of Craighead (CB) [V]]

--- Later in debate ---

[Lord Greenhalgh (Con)]

[Lord Kennedy of Southwark (Lab Co-op)]

Amendment 5 withdrawn.

--- Later in debate ---

[Baroness Pinnock (LD) [V]]

[Lord Kennedy of Southwark (Lab Co-op)]

[Lord Greenhalgh (Con)]

--- Later in debate ---

11: After Clause 2, insert the following new Clause—

“Assessment of the impact of Act on provision of public lavatories

The Secretary of State must within one year of the passing of this Act conduct and publish an assessment of the impact of this Act on the provision of public lavatories.”Member’s explanatory statement

This new Clause would require the Government to publish a report on the impact of the Act on provision of public lavatories.

[Lord Kennedy of Southwark (Lab Co-op)]

[Lord Lucas (Con) [V]]

--- Later in debate ---

[Lord Greenhalgh (Con)]

[Lord Kennedy of Southwark (Lab Co-op)]

Amendment 11 withdrawn.

Refugees: Napier Barracks

Lord Kennedy of Southwark Excerpts

Thursday 11th February 2021 Lords Chamber

[The Lord Speaker (Lord Fowler)]

I am very sorry, Lord Roberts, but I am afraid we cannot hear you. I am going to pass on, if I may, to the noble Lord, Lord Kennedy of Southwark.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I have never been to Napier barracks but, in the past, I have seen accommodation we have provided to our servicepeople in other parts of the United Kingdom. In many cases, it is not of a very high standard, which is very disappointing. Can the noble Baroness justify to the House how we can be sure that this is good-quality accommodation? Do we not have here a public health disaster made in the Home Office?

[Baroness Williams of Trafford (Con)]

I can say to the noble Lord that, first, we are working very closely with public health authorities. Secondly, on the various aspects by which you might judge how people are living, there is drinking water, including bottled water, and three meals a day, two of them hot. I have gone through the healthcare provisions, and legal advice is also available. There is wi-fi on site, and everyone has a phone.

Domestic Abuse Bill

Lord Kennedy of Southwark Excerpts

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021 Lords Chamber

[Baroness Warwick of Undercliffe (Lab) [V]]

My Lords, I declare an interest as the chair of the National Housing Federation, the representative body for housing associations.

The amendment seeks to enhance the welcome improvements in relation to tenancies embodied in Clauses 71 and 72. They show that the Government have recognised that survivors of domestic abuse in this area are currently let down by the law. The tenancy laws can mean that where there is a joint tenancy a survivor of domestic abuse has only two options: to stay and endure further abuse or to leave the home and potentially become homeless. There is currently no way in which the survivor can exercise a right to stay in the home, with all the security and instability that that means, and require the abuser to leave. Indeed, an abuser could unilaterally terminate the joint tenancy, thereby effectively evicting the survivor into potential homelessness.

Where the landlord is the local authority or a registered provider of social housing, there is no requirement for alternative accommodation to be under the same security of tenure that the survivor and her children previously enjoyed. As Women’s Aid has said, the risk of losing a lifetime tenancy is a significant concern for survivors who fear the consequences of losing security of tenure if they leave. Yet, that is a frequent outcome for survivors and children who escape to a refuge.

As I have said, Clauses 71 and 72 are welcome. However, they assume that it is the survivor of abuse who must quit the family home and not the abuser. The amendment in the name of the noble Baroness, Lady Burt, would ensure a legal solution for survivors with joint tenancies to retain their housing security and stay safely in their own homes long term. It is important that there be a range of housing options available to people experiencing domestic abuse and that if they wish to stay in their home they should be able to do so safely and affordably. They should not have to become homeless or struggle to afford their tenancy because of abuse.

I know that housing associations are keen to work to support people who are experiencing domestic abuse and I know that they have also worked supportively with survivors if there are any arrears on the tenancy and/or damage to the property caused by the perpetrator. As the noble Baroness, Lady Burt, has said, it would be useful if there were more workable rules for joint tenancy in general, but the amendment is certainly a good first step.

The Government have recognised the importance of guaranteeing safe accommodation for survivors who flee their home and their abuser. I hope that they will agree that the best outcome for any family is to have the safety and security of staying in their own familiar home, free from the abuser and free to get on with their lives.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I should declare a number of interests because this is a housing matter. I am a vice-president of the Local Government Association, chair of Heart of Medway Housing Association and a director of MHS Homes Ltd.

The amendment proposed by the noble Baroness, Lady Burt of Solihull, is one that I fully support. I am delighted to sign it with other Members from across the House. During our discussions on this Domestic Abuse Bill, we have heard how perpetrators can take control of all aspects of victims’ lives. The victims need help and support to get away from their abuser. The ability to live in your home without fear of the person you are living with is an important first step to getting control of your life. I agree with the noble Baroness, Lady Burt, when she says that a victim being driven out of their home—to a refuge or other temporary accommodation or to stay with friends—is something that should make us all very angry. It is just part of the devastating consequences that abusers have on victims’ lives and their children’s lives. We all want to ensure that we stop this.

The noble Lord, Lord Young of Cookham, again made an excellent contribution. I would be happy to support an amendment with his suggestion at the next stage. Maybe the noble Lord, Lord Parkinson, could respond to that. It may be that we need something more expanded. If someone is not a tenant at all but is living in the house, perhaps they should have the right to take over the tenancy as well. I think it is an important point.

Both the noble Baroness, Lady Burt of Solihull, and the noble Lord, Lord Young of Cookham, listed the disadvantages that a victim can suffer. As the noble Baroness, Lady Deech, said, we need to take away the power of the abuser in this situation. We can all see the situation in which an angry abuser wants to get even or cause trouble for the victim, for example by ending the tenancy or doing something else equally unpleasant and nasty. We need to ensure that we are doing what we can to stop those things. As my noble friend Lady Warwick of Undercliffe said, you can see the real concern of a victim, “I’m in this terrible situation. Even worse, I’ll be on the street”. It just makes it even more difficult for people.

This is a very important issue and a very good amendment. As we have heard, the amendment provides for a new mechanism whereby a survivor of domestic abuse can apply for the transfer of the tenancy from a joint tenancy to a sole tenancy. The amendment is welcome and it gives the victim support and another option as to the action they can take to protect themselves and their children. If they want to stay in their home, they can stay and get the abuser out.

I hope for a very positive response from the Government. Hopefully we can find a solution at the next stage.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I thank all the noble Lords who have spoken in this debate. As the noble Baroness, Lady Burt of Solihull, set out, Amendment 163 seeks to allow victims of domestic abuse who have a joint social tenancy with the perpetrator to transfer the tenancy into their own name and to prevent the perpetrator from unilaterally ending the tenancy.

We certainly recognise and sympathise with the motivation behind this amendment, as expressed very eloquently by all noble Lords who have spoken. As the noble Baroness, Lady Burt, said, abusers who seek to control their victims by threatening to unilaterally end a tenancy and make their victim homeless—or indeed who actually do make them homeless in this way—are exercising a particularly cruel form of control.

The amendment would apply to local authority and housing association tenancies. By way of background—as I am sure noble Lords will know—these social tenancies are usually in place for a tenant’s lifetime, as long as the tenant adheres to the terms of the tenancy and, as such, a lifetime security of tenure is a valuable asset. That is why we are including provisions in the Bill which seek to protect the security of tenure for victims of domestic abuse when they are granted a new tenancy by a local authority for reasons connected to that abuse.

The current legislation means that, where any joint tenant of a periodic tenancy serves a notice to quit, it ends the whole tenancy and the landlord is able to seek possession of the property. This is a long-standing rule, which has been established in case law and was upheld by the Supreme Court in the 2014 case of Sims v Dacorum Borough Council. The rule seeks to balance the interests of each joint tenant, as well as those of the landlord. For example, a victim of domestic abuse who has a joint tenancy with the perpetrator, and who has fled their home to escape abuse, would be able to end the tenancy to ensure that they are no longer bound to it with their abuser.

We do recognise that, in some cases of domestic abuse, as noble Lords have pointed out today, a perpetrator could use this rule to exert control. We understand how this proposed new clause seeks to overcome this important issue. The victim through it would be able to apply to the court to remove the perpetrator from the tenancy, which would effectively transfer the tenancy into the victim’s name. The perpetrator would also not be able to end the tenancy unilaterally.

We have certainly looked carefully at it and I am afraid we have some concerns with the effect of the amendment as drafted. One is that the amendment does not consider how any liabilities that might have occurred during the course of the joint tenancy, such as accrued rent arrears or damage to the property, would be apportioned between the tenants. As the perpetrator would no longer be a tenant, they would no longer be liable. That certainly ought to be considered. As a result, the victim and any remaining joint tenants would be left responsible for any liabilities, even if they were not fully responsible for contributing to them. We need to ensure that the victim and any remaining joint tenants are not put at any disadvantage by changes to the law in this area.

Another concern, picking up the point raised by my noble friend Lord Young of Cookham is that the amendment does not provide for how the interests of third parties—including the interests of any other joint tenants, children, or those of the landlord—might be taken into account by the court.

It is for landlords to decide whether to grant a tenancy for their property, and on what basis. This amendment would mean that, where a landlord grants a joint tenancy to two or more individuals, the number of tenants could be changed without consideration or consent from the landlord as the owner of the property. Landlords may decide to grant a joint tenancy for a number of reasons, including affordability and because joint tenants are jointly and severally liable for paying rent or looking after the property. In addition, this could result in interference with a housing association landlord’s own rights under human rights law. Since this engages other parties’ human rights, including those of the perpetrator, we need to consider very carefully the right approach in order to balance those rights, and to ensure that any interference is proportionate and justified.

It is important that we carefully consider the practical and legal issues, such as these, before we decide what the right approach is to protect victims in this situation, and whether that includes making changes to legislation so that we can ensure that any proposals have the outcomes which I am sure all noble Lords intend them to have.

Today’s debate has certainly contributed to that process. We would welcome further evidence on the scale of the issue, including how many victims wish to remain in a property where the perpetrator knows where they live. I understand that officials at the Ministry of Housing, Communities and Local Government are continuing to engage with the domestic abuse commissioner and her office, as well as the domestic abuse sector more widely, on the termination of joint tenancies in order better to understand this issue.

We understand how important this issue is as part of a whole housing approach. I would like to take this opportunity to recognise the work that is being done by the domestic abuse and social housing sectors together in supporting victims of domestic abuse. I am aware that many landlords are already committed to taking action through sector-led initiatives such as the Making a Stand pledge.

I am very happy to underscore our commitment to continue working with the sector in considering these issues, with a view to arriving at a workable solution. I repeat my thanks to the noble Lords for their contributions today, which have contributed to that important debate. We will certainly continue to consider it, but in the meantime I would ask the noble Baroness to withdraw her amendment.

[The Deputy Chairman of Committees (Baroness Barker) (LD)]

I have received a request to speak from the noble Lord, Lord Kennedy of Southwark.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I listened very carefully to the noble Lord’s explanation. Could I just ask that the noble Lord reflects on this after the debate? The noble Baroness, Lady Burt of Solihull, has identified a really practical issue here. It is real. This will be our one chance to sort it out in this Bill. When the noble Lord gave some of his answers, I just thought, “Really?” I just think he needs to think about it more. This is a simple solution to a real problem. I am sure he talks to the charities and to the commissioner. The abuser can cause the victim real problems here. They will deliberately do that and we need to stop that. I hope he can reflect on that and that we can have this discussion again on Report and seek a solution.

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[Baroness Burt of Solihull (LD) [V]]

My Lords, the Lib Dem group strongly supports this group of amendments—noble Lords might have already guessed that from the number of Liberal Democrat speakers we have had already this afternoon—so I shall try to be brief. It is a hugely important group of amendments because it takes us off the back foot in dealing with perpetrators and gives us a chance of keeping track of them, preventing further offending and helping them to change their behaviour for good. We have heard several harrowing examples, and several noble Lords have made the point in respect of Amendment 167 that it is the perpetrator who must change, not the victim.

Amendment 164 strengthens the ability of the law to register and track serial stalkers and domestic abusers so that they can be registered on ViSOR, the violent and sex offender register, and be subject to supervision, monitoring and management through MAPPA. I add my thanks to Laura Richards, founder of the Paladin group, for her excellent briefing. Domestic abuse and stalking are the only areas of offending where serial abusers are not routinely and proactively identified and managed by police, probation and the prison service across the UK. This has serious consequences for the safety of women and children. There are many pockets of excellent good practice across the country but no systematic approach and no systematic tracking—a failure of systems so tellingly described by the noble Baroness, Lady Newlove. Her story of Cheryl Gabriel-Hooper will stay with me for a long time.

My noble friend Lady Brinton strongly argues that we desperately need a strong, national, co-ordinated approach, and cited several harrowing examples, including her own, to prove her case. She calls this “murder in slow motion” and talks about under-reporting and inaccurate reporting on the MAPPA database, as have several other noble Lords. As things stand, the stalker or abuser can remain one step ahead, free to pick his next unwitting victim with a head start on the police, whose response between different forces is patchy. This is not good enough: now is the time and this is the place to lay down legislation to get on the front foot—legislation based on facts, not ideology, as urged by the noble Baroness, Lady Fox.

Amendment 167, to which I have added my name, requires the formation of a national perpetrator strategy. I understand that the Government instituted the first ever fund for perpetrator work last October, but I gather that there are big teething problems. Will the Minister update the Committee on this, and particularly the fact that part of the fund allocated for research must be spent by the end of this financial year, but the research bodies have only just been informed of their grants and have not even received the go-ahead to start spending? Can the Minister confirm that this deadline will be extended?

I and many other noble Lords are very grateful to the Drive Project for its briefing. It shocks me to learn that Drive, whose work has already been commended, including by my noble friend Lord Strasburger, says that only 1% of perpetrators get a specialist intervention that might help prevent further abuse, yet research shows that one perpetrator in four is a repeat offender, and some have up to six victims. It is a vicious cycle. Drive’s work has shown how perpetrator interventions can stop this cycle, which not only blights whole families, but spreads like a canker down the generations.

We invest huge amounts of money in dealing with the damage perpetrators have wrought, but that is next to nothing compared to stopping the vicious cycle and enabling perpetrators to turn their and their families’ lives around. Investment now will benefit untold numbers of people, not just those directly affected today. Let us pass this amendment, and reap the rewards today and into the future.

Amendment 177B, tabled by the noble Lord, Lord Hunt of Kings Heath, is very similar to Amendment 167 but is more generous to the Government, giving them two years to establish a comprehensive perpetrator strategy. If the Government will commit to two years today, that is a done deal as far as I am concerned.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, like others, I thank Laura Richards for her excellent briefing, which has been a precursor to an excellent debate on these amendments. I fully support Amendment 164, proposed by my noble friend Lord Hunt of Kings Heath, with my noble friend Lady Royall of Blaisdon and the noble Baronesses, Lady Jones of Moulsecoomb and Lady Brinton, as I do Amendment 167 tabled by the noble Baroness, Lady Bertin, which I was delighted to sign, and Amendment 177B tabled by my noble friend Lord Hunt of Kings Heath.

With these three amendments the Government have effectively been given a whole range of options to choose from. My noble friend Lord Hunt of Kings Heath’s Amendment 177B would require the Government to lay before Parliament a national perpetrator strategy within two years of the Bill passing into law. I agree with my noble friend Lady Royall that my noble friend Lord Hunt is probably being a bit too generous to the Government in allowing them two years. The amendment from the noble Baroness, Lady Bertin, would require a comprehensive strategy focusing on prevention and how to deal with perpetrators within one year of the passing of this Bill into law. The lead amendment in this group from my noble friend Lord Hunt sets out a comprehensive framework in which to deal with perpetrators of domestic abuse and stalkers, and would require a report to be laid before Parliament within six months of the Bill being enacted.

It was good to hear my noble friend set out a range of organisations that support this multiagency approach. I also pay tribute to my noble friend Lady Royall of Blaisdon for her years of work on this issue. She has raised these matters again and again, and we are all very grateful to her for that.

We have heard previously that domestic abuse, coercive control and stalking are escalating crime: the behaviours can persist over many years and escalate, and more crimes of increasing levels of abuse and harm are committed. This amendment raises the need for joined- up, multiagency working in tackling and managing perpetrators in the community. My noble friend Lord Hunt highlighted two horrific cases where a proper, all-encompassing approach is needed to deal with these perpetrators.

I recalled, while listening to this debate, the day I spent at the domestic violence unit of the Metropolitan Police in the Royal Borough of Greenwich—I still recall the horrific acts of violence I was apprised of. I was so impressed with the officers in the unit and the way they worked closely with the local authority. It is quite clear that, by working together, the council and the police officers of the unit were helping victims and saving them from further abuse and, in some cases, the risk of being murdered.

I agree with the noble Baroness, Lady Bertin, who spoke about this multiagency approach and referred to research by Durham University and London Metropolitan University. It was good to see that violence inflicted on victims reduced when that work took place. I also endorse her comments on internet companies and platforms. I know we will come to this in another Bill, but these companies, which are making a lot of money, really need to step up to ensure that their tools are not used to aid abusers. We need to deal with that very soon.

As many noble Lords mentioned, we need a culture change. We need to get to a situation where these offences are viewed as totally unacceptable and as the disgusting, evil acts they are. That culture change is what this strategy is all about. We must break the cycle where children witness abuse—I think the noble Lord, Lord Farmer, mentioned this—and risk becoming the abused or abusers many years later. To do that, we need effective action.

When the noble Baroness, Lady Bertin, mentioned drink-driving, I remembered watching a programme featuring Barbara Castle, who got death threats for introducing the breathalyser. She appeared on a programme called “The World This Weekend”, where the journalist said to her that it was a rotten idea to bring in the breathalyser. He said, “You’re only a woman; you do not drive; what do you know about it?” Thankfully, things have changed, but I hope we get to a point where these disgusting offences are viewed as we view drink-drivers today, who now face bans and fines, risk imprisonment in serious cases and at best are viewed as completely reckless, irresponsible, stupid idiots. That is the sort of culture we need here: let us get to a place where we can have that, because women’s lives will be saved, we will have better men and better, happier relationships, and we will not have children witnessing abuse and becoming abusers or victims in later life. The noble Baroness, Lady Eaton, also referred to that in her contribution.

My noble friend Lord Rooker talked again about breaking silos in government. He was a Minister for many years in the previous Labour Government and knows all about how government works. I very much agree with him. I have a similar problem campaigning to get these GP letters banned: I am tackling the Department of Health and Social Care, the Home Office, the Ministry of Justice and the Ministry of Housing, Communities and Local Government. I have four departments trying to get it sorted out, but I hope that we will finally get somewhere on that issue.

The noble Lord, Lord Marks of Henley-on-Thames, said we need to get the outcomes right. I fully support that.

It is always a privilege to listen to the noble Baroness, Lady Newlove. Her story about Cheryl Hooper was harrowing, but sadly not unique. As I said, when I went to the domestic violence unit at Greenwich they gave me a number of redacted statements to read. What struck me in reading about these awful events was that they were not some story, but were happening to real people—the most appalling things being done by one human being to another. It was dreadful. All these things started off with, “I met someone; we were happy; then the abuse escalated.” It gets to the point where people are at real risk of losing their lives.

I did not agree with the contribution of the noble Baroness, Lady Fox of Buckley. Of course perpetrators can be rehabilitated—we want people to be rehabilitated —but what we are proposing is about protecting victims and developing a strategy to control perpetrators, help victims and save lives, and to stop the years of abuse that victims can suffer. Some may not be killed, but can undergo years of abuse and a terrible life. We must stop that.

I also do not agree that there is some suggestion or implication in the briefings or from noble Lords’ comments that this offence is committed only by working-class people. I think I have been here for most of the debates and I have not seen that. I do not believe it either. I come from a working-class background, having grown up on a council estate near Elephant and Castle, and I just do not believe that is the case. I have also been told by the police that, when they get the perpetrators in, they are from all walks of life—they can be very rich people with well-paid jobs who are doing very well, such as lawyers. All sorts of people across the spectrum can be victims or perpetrators. That is one of the things about this offence; it does not affect any one group, and we need to ensure we get that right.

I agree very much with the noble Lord, Lord Farmer, about the determining factor with children; we must stop that. We can all point to things that have happened. The one thing that was a real shame was disbanding the Sure Start programme from 2010 onwards. That was a mistake. The centres are the family hubs that he talks about.

This has been a good debate and I look forward to the noble Baroness’s response. I hope at the next stage of this Bill we can come forward with the strategy to put in it.

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[Lord Kennedy of Southwark (Lab Co-op)]

I may have misheard the Minister, but did not she say that one of her reasons for not accepting any of the amendments was that it would be restrictive to place these things in the Bill? You can perhaps argue that Amendment 164 is a bit more prescriptive, but the other two amendments, other than setting a time limit for a report, set no restrictions at all. They would just steer the Government to get on with the matter in good time. Beyond that, I do not see that they are restrictive at all.

[Baroness Williams of Trafford (Con)]

The point I was trying to make—and I hope the noble Lord will accept it—is that we do not need to put it in the Bill, because you are always restricted by primary legislation. But I voiced my intention that the Government want to do this.

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Amendment 182, in the names of the noble Lords, Lord Kennedy and Lord Hunt, adds paid leave to the support employers will be expected to give. The CIPD and the union Unison are also recommending paid leave, but I have stopped short of that in this amendment, not because I disagree with paid leave but because, given the degree of ignorance of some employers, I would prefer time to be given for awareness and understanding to bed in before potentially alienating unenlightened employers by hitting them in their pockets. I beg to move.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I am delighted to support Amendment 174, moved by the noble Baroness, Lady Burt of Solihull. As she explained, the amendment will require the Secretary of State to

“issue a code of practice … containing provision designed to ensure that persons affected by domestic abuse who are workers receive appropriate care and support from their employer”.

There is an important issue here: as the noble Baroness told us, work may often be the only place where a victim can escape their abuser. An abuser, of course, may want to disrupt and cause the victim as many difficulties as possible, maybe with a view to driving them out of work, to make them more economically dependent on them or to drive them to destitution, so they are forced to rely further on the abusive partner.

The code is important because it will provide guidance to employers on good practice, on what the employer should be doing to get this right. Paragraph (6) of the proposed new clause puts this on a statutory footing and underpins the intent of the amendment. I am sure that the overwhelming majority of employers will want to do the correct thing and support their employee who is having difficulties, struggling and being abused, but they may not know what they could or should do. In that sense, the code is an important tool, because it will give the employer the guidance and direction needed to make, as the noble Baroness, said, those reasonable adjustments to support their employee.

My Amendment 182 seeks to put a requirement in the Bill that guidance provided by employers should include what support they should give the victims of abuse, including, as we have heard, the provision of paid leave. This is only guidance: in some ways, it is trying to do something similar to what Amendments 174 is doing but with the addition of paid leave, through guidance, rather than a code. It may or may not be more attractive to the Government; we will wait and see.

We must help victims of abuse. If they want to be in, or remain in, work, we have a duty to help them do that. It helps with their economic security, financial stability and even financial independence. When we talk about the issues in the Bill relating to domestic abuse, it is all about control—making people unable to be independent and completely dependent on their abuser. One of our tasks with the Bill must be to identify the points where the abuser seeks to take control and stop them exerting that control.

The relationship between employers and employees is important. The way in which employers can take reasonable action, make reasonable adjustments and take reasonable steps for victims of abuse on their payroll must be central to the aims of the Bill.

[Baroness Newlove (Con) [V]]

My Lords, I support Amendments 174 and 182.

In my former role as Victims’ Commissioner, I had the pleasure of meeting victims and survivors of domestic abuse, but it saddened me to hear that their workplace was the only thing that let them down, with no support from their colleagues. As has already been said, the workplace should be safe and somewhere where they feel they can escape from domestic abuse and coercive control. It should feel like a safe haven.

I have also met many victims who have gone back to work because, financially, they cannot afford to take time off. I was amazed to hear the story of a victim who was so upset that one of her colleagues went to the boss, saying that she could not cope. The victim was called into the office and asked to kindly keep her emotions to herself, as she was upsetting colleagues in the workplace. That story has never left me. It is hard enough to hold a job down, especially with the global pandemic, as we do not know what we will face when the lockdown is lifted and we are all able to go back to some kind of normality, but during the lockdown, victims of domestic abuse have experienced life in a pressure cooker environment. Therefore, we need to look at the workplace, and that is why I support both amendments.

There is a duty of care in the workplace. Workspaces, including the desk, the chair and the height of the monitor, have to be assessed. Surely it would be good if the designate domestic abuse commissioner worked with the Secretary of State on a code of practice to ensure that employers have a duty of care to give support to a person who is suffering domestic abuse.

We know that financial independence gives victims a way of empowering themselves and that a lack of such independence makes leaving a violent home a hard struggle. I know from speaking to victims who have left their home and gone into a refuge that they have had to give up their businesses and their independence. If they have money, they still have to pay the mortgage, and that is a hold that the perpetrator has on them.

A few years ago, I had the pleasure of going to a very early breakfast meeting with Jess Phillips from the other place. We had a meeting with the New Zealand MP Jan Logie, who was fighting to get paid leave for domestic abuse victims. I do not want to make too heavy a point about that but I applaud her success in getting that through the New Zealand Parliament after seven years of struggling to have her voice heard. She received applause in Parliament for getting that measure passed. Unfortunately, we know only too well that perpetrators like to use a pincer movement on their victims, especially with coercive control. As I have said in other speeches, they want to part their victims from their family and friends.

Our workplace is supposed to be somewhere where we can have open conversations. There might be a safe mentor whom you can talk to and unload the pressure so that you can go back to your home and relationship, having had some of the stress removed—albeit you will go through the same cycle again.

I support the amendments. I ask the Government to look at producing guidance on this issue, because we will see more and more people suffering financially, physically and mentally, and the perpetrator will enjoy every bit of that unless we empower the victim.

Health Measures at UK Borders

Lord Kennedy of Southwark Excerpts

Thursday 4th February 2021 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, as of yesterday, more than 109,000 people in the United Kingdom have died because of Covid-19. We mourn all those lost and think of their families, for whom life will never be the same again. We must learn from past mistakes. Rather than being world-beating or world-class, we have the highest death rate in the entire world, with, on average, more than 1,000 people dying each day. It is a shameful and tragic figure.

Right from the start of this pandemic, we have had too little, too late; we have ignored the problem, denied the problem and then panicked and made a U-turn. We all know the Prime Minister is not a man for details or consistency. We were told we were going to build a world-beating test and trace system. He told the country that we would turn the tide by June, then in July, he said that there would be a significant return to normality by Christmas. When the leader of the Opposition suggested a two-week circuit break, he was mocked by the Prime Minister, only for the Prime Minister to do exactly what he called for weeks later and weeks too late. And then there was the dreadful performance when he accused the leader of the Opposition of wanting to cancel Christmas, only to announce new restrictions on 19 December. The Prime Minister has ignored medical advice and there has been error after error, which has cost many lives.

Let us be clear: the vaccination programme is going well because of the fabulous NHS, the GPs, other health professionals, the military, the police and the volunteers who are working to get the country vaccinated. We thank them for their brilliant work. No contracts have been awarded without proper tendering procedures and no companies have been mysteriously formed and given millions of pounds without obvious identifiable experience or a track record in the area in question.

One key area where the Government have clearly fallen short is on protecting our borders. The measures outlined are another example of too little, too late. Limiting hotel quarantine to countries from which travel by non-EU residents was already banned means that the Home Secretary’s proposals do not go anywhere near far enough.

Mutations of the virus are undermining the efficiency of the vaccines and threatening life and hope. We cannot know where a mutation will emerge next. The truth is that the Government are once again behind the curve. This announcement is too limited. It leaves huge gaps in our defences against emerging strains. We know that strains that emerged in South Africa and Brazil have already reached these shores—that is little wonder given that the controls have been so lax, with just three in 100 people quarantining having been successfully contacted, and with border testing introduced only 10 months after the first lockdown. Even then, the start had to be delayed because the Government could not get the necessary systems in place.

Can the Minister tell the House how we can be assured that travellers will not arrive with emergent strains via countries that are not on the control list? What support has been made available to ensure improvements in quarantining compliance and the Isolation Assurance Service? Why has it taken so long to step up checks, when we know that the system has been failing for months? What discussions have taken place with hotel chains to ensure the availability of rooms? How often will the list of red list countries be reviewed and updated? Will it be based purely on the country of risk or on the capacity of UK quarantining facilities?

Travellers arriving in Scotland from any country outside the British Isles will be forced to quarantine in a hotel, whereas in England, only travellers from the red list countries will be required to quarantine. Does the Minister accept that the greatest barrier to a four-nation approach is the Westminster Government dragging their feet? For those people travelling out of the country, why is enforcement being stepped up only now?

[Lord Paddick (LD) [V]]

My Lords, the Government’s approach to border biosecurity appears to be all over the place. They previously had travel corridors in place, but they then scrapped these and imposed the requirement of a negative Covid test and 10 days’ quarantine on all arrivals into the UK, unless travellers pay for an expensive test-to-release scheme, where a further negative test five days after arrival in the UK can shorten the quarantine. Enforcement of these rules appears to be lax, to say the least.

The Government also introduced travel bans on direct flights and on non-UK citizens travelling from countries where the variants first identified in Brazil and in South Africa are prevalent, including Portugal, where many flights from Brazil arrive into Europe. The reason the Government gave was that this was on the basis that further research needed to be carried out on these variants to establish whether they were more contagious, more dangerous and more vaccine resistant. How closer are the Government to answering these three questions about the new variants and what criteria will need to be met on how contagious, dangerous or resistant they are before a decision can be made as to whether these restrictions can be lifted or varied?

The Government say that they are going to introduce compulsory hotel quarantine on UK nationals arriving from these so-called red list countries. How many rooms will be required? UKHospitality, the trade body representing the country’s hotels, said yesterday that it had no information on how the system might work, and leading hotel chains around Heathrow told PoliticsHome that they have not been contacted to assist with any type of scheme. When will the scheme be in place?

Her Majesty’s Official Opposition are calling for all arrivals into the UK to face compulsory hotel quarantine. The argument appears to be that, as the noble Lord, Lord Kennedy of Southwark, has said, new Covid variants could occur anywhere in the world. However, Labour want the existing list of exemptions from quarantine on arrival into the UK to be maintained. This includes, for example, workers who travel at least once a week into and out of the UK.

Sir Keir Starmer said yesterday that 21,000 passengers arrived in the UK on Monday. What are the Government’s estimates of the hotel capacity required were all arrivals into the UK to face compulsory 10-day hotel quarantine? Taking the example of Australia, which has adopted such a policy, there are hundreds of thousands of Australian nationals unable to return home because of limited Covid-safe hotel capacity or because they cannot afford the cost of compulsory hotel quarantine. Do the Government expect similar problems here in the UK?

What consideration have the Government given to, at the very least, extending their ban on direct flights or on non-UK nationals from entering the UK, and extending their compulsory hotel quarantine policy for UK nationals, to include countries where there is no rapid genomic sequencing capacity? There, a new or existing Covid variant is unlikely to be identified quickly enough to prevent infections in the UK.

How much of a risk do travellers from outside the UK actually present? In the light of the high level of infections in the UK, both in terms of total numbers and as a proportion of the population, what is the probability that a new, more contagious, harmful or vaccine-resistant Covid variant will result from a mutation of the virus within in the UK, compared with the probability that this will occur in a country with few or no Covid infections? Is the recent E484K mutation of the variant first identified in Kent, that is similar to the variant first identified in South Africa, an example that the threat of dangerous mutations lies as much, if not more, within the UK as it does overseas?

Taking the examples of Australia, New Zealand, the Isle of Man or even Norway—where I am speaking from now—where Covid infections are low or non-existent, test and trace is effective, and where there is rapid genomic sequencing capability, what is the reasoning behind quarantining arrivals from such countries when they arrive in the UK. In short, what is the basis for the Government’s strategy towards border controls—if they have one? It certainly does not seem to be based on either science or common sense.