Domestic Abuse Bill

Debate between Lord Kennedy of Southwark and Baroness Jolly

Report stage
Wednesday 10th March 2021 Lords Chamber

[Baroness Jolly (LD) [V]]

My Lords, this has been an interesting debate and I thank all Members who have taken part. The proposed new clause in my name and those of my noble friend Lord Marks of Henley-on-Thames and the noble and learned Lord, Lord Garnier, both of whom have spoken very forcefully, would create an offence of:

“Controlling or coercive behaviour by persons providing psychotherapy or counselling services”


in a person’s home.

We have heard that my noble friend Lord Alderdice, himself a psychiatrist, has long taken an interest in this issue, even tabling a Private Member’s Bill. The noble Baroness, Lady Finlay of Llandaff—another doctor—the noble Lord, Lord Fairfax of Cameron, and the noble Baroness, Lady Mallalieu, have made excellent cases for outlawing these charlatans. I thank them all for their robust and informed support.

Some time ago, I was approached by someone whose child in their 20s had their life ruined by an unregistered and untrained counsellor. Both the behaviour of and treatment by this charlatan were coercive and turned the child completely against their family. This is not something that many families talk about at length, but after hearing the dinner hour debate in the House some time ago, when my noble friend Lord Marks and the noble and learned Lord, Lord Garnier, both spoke, a significant number of people approached me and provided the evidence that convinced us that this is an issue that deserves attention from government.

What is done by these bogus counsellors is lawful but also amoral, unethical and without shame. I ask the Minister to support the proposed new clause. Without it, charlatans posing as professionals will be able to ruin yet more families and more young, vulnerable lives.

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

My Lords, Amendment 52 moved by the noble Lord, Lord Marks of Henley-on-Thames, seeks to insert a new clause into the Bill. This issue was debated in Committee and I was clear then that I supported the intention of the proposed new clause but was not convinced that this was the right Bill. There is always a problem with finding ways to address issues, whether through primary or secondary legislation, or finding a Bill that is in scope or the regulation or order that can be used to make the necessary changes.

On the issue itself, both in Committee and on Report, a powerful case was made by the noble Lord, Lord Marks of Henley-on-Thames, the noble and learned Lord, Lord Garnier, and my noble friend Lady Mallalieu. This is a serious matter where people can be victims of some very dubious, unscrupulous and frankly criminal practices.

As we have heard, a traumatised person seeking help from a counsellor, therapist or psychotherapist has absolutely no idea whether that person is properly trained and able to give them professional help—or, as the noble Lord, Lord Marks of Henley-on-Thames, said, a charlatan preying on young people or vulnerable clients to debilitate and exert control. The risk is that the counsellor is untrained and unqualified and will do lasting damage to their client.

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

Debate between Lord Kennedy of Southwark and Baroness Jolly

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 14th September 2020 Lords Chamber

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

My Lords, Amendment 54, in my name and that of my noble friend Lord Rosser, seeks to ensure that EEA and Swiss nationals coming to the UK to work as health or social care workers, plus their family dependants, will be exempt from the immigration health charge.

One of the worst things about the extreme ends of the Brexit debate has been how difference has been whipped up and used as a weapon—not by anyone here, but on social media and elsewhere. There is nothing about difference to be frightened of; it is an accident of birth.

At the height of the pandemic, when we all clapped the health workers every week, I remember seeing pictures of healthcare professionals standing together in their uniforms and holding up pieces of paper on which they had written which countries they had come from.

It was heartening and humbling to see the different parts of the world that people working for our NHS had come from. Huge numbers had come from Europe to do skilled professional jobs and make a life for themselves here. However, we should ask ourselves why they thought it necessary to hold up pieces of paper with the country of their birth on, and not just be standing there as health professionals. I suggest that the tone of some of the debate around Brexit is the reason they felt they had to point out that they were from other parts of the world. That is regrettable and shameful.

Before anyone else makes the point, we do need more skilled NHS workers—doctors, nurses, radiographers and other skilled professionals—from the UK population. I am not against that. I agree that more of our citizens joining these professions would be a very good thing, but it is not going to happen overnight. We should be grateful, be thankful, recognise their professionalism and act accordingly by including this exemption for EEA and Swiss nationals coming here to work in these important professions. Equally, Amendment 55, in my name and that of my noble friend Lord Rosser, is in the same vein and seeks to exempt NHS employers from this charge as well.

Amendment 65 in the name of the noble Baroness, Lady Jolly, raises an important issue on which I hope we will get a positive response from the Minister. Charity workers coming here to work voluntary for less than 12 months should not be liable for this charge if they have been given permission to stay here and work in a voluntary capacity. This seems a reasonable request. I look forward to the Minister’s response. I beg to move.

[Baroness Jolly (LD)]

My Lords, I am happy to support Amendments 54 and 55 in the names of the noble Lords, Lord Rosser and Lord Kennedy of Southwark.

My Amendment 65 is supported by more than 50 not-for-profit and charitable organisations across the UK. Many are household names, with support being led by Camphill Scotland, but the amendment is applicable to a host of other national charities providing services to those with a mental health problem, a learning disability or care needs.

We warmly welcome the Government’s recent announcement that health and social care volunteers from other countries will be exempt from paying the immigration and health surcharge. However, the Government’s Command Paper, focusing on the proposed points-based immigration system, appears to confirm that those wishing to apply to work in the UK as international volunteers, including in health and social care settings, will be liable to pay the international health surcharge. Requiring international volunteers, including those working in health and social care, to pay the health surcharge, is unfair and inequitable, particularly as paid staff from other countries working in health and social care in the UK will be exempt.

This clause is a probing amendment, tabled to seek reassurance from the Government that the recently announced health surcharge exemption for health and social care staff will include international volunteers working in or applying to work in the UK under the current tier 5 visa arrangements. International volunteers from EU and non-EU countries make an enormous contribution to the work of charities, supporting people with learning disabilities and other needs and the work of charities across the UK in health and social care and other settings.

By way of example, there are currently around 215 international volunteers in Camphill communities in Scotland alone, providing services for people with these particular disabilities and other needs. A total of 61 of these volunteers currently rely on a tier 5 visa to do so. These young people have chosen to stay and provide care to UK citizens during the national health emergency. This demonstrates their dedication to, and compassion for, the people whom they support. It would be a terrible blow to the morale of charities across the UK if the Government’s very welcome announcement about the immigration and health surcharge exemption does not extend to international volunteers.

Post Brexit, all international volunteers from EU countries and Switzerland wishing to volunteer in UK charities will require visas, along with international volunteers from other countries outside the EU and Switzerland. Against this background, excluding international volunteers from the immigration health surcharge exemption could deter them from working for charities in the UK in health and social care and in other settings in the future. Post Brexit, all international volunteers from EU countries and Switzerland wishing to volunteer in our charities will require visas, along with international volunteers from other countries outside the EU and Switzerland. Against this background, therefore, excluding international volunteers from the immigration health surcharge exemption could deter volunteers from working in the future. This will impact on the capacity of many charities providing care and support and education to people with learning disabilities and other needs, and also on the capacity of charities across the UK in health and social care in other settings, including youth work and services supporting young people.

Can the Minister tell us whether Scottish, Welsh or English taxpayers will end up having to pay for staff to replace the volunteers who have been caring for many of these individuals? I note the current shortage within the UK of both health and care professionals in England, Scotland, Wales and Northern Ireland. Before the Minister turns this amendment down, I wonder whether he would agree to meet with me and a representative of one of these charities that benefit from volunteer help and are anxious about future funding.

Consumer Rights Bill

Debate between Lord Kennedy of Southwark and Baroness Jolly

Wednesday 5th November 2014 Grand Committee

[Baroness Jolly]

I am grateful to the noble Lord, Lord Kennedy, for raising the issue of payday lenders’ advertisements targeted at people engaged in gambling. The noble Lord, Lord Stevenson, asked how he knew about these things. The answer could be that he had inadvertently fallen into the debate on the gambling Bill, where this sort of thing was raised. We can therefore tell the noble Baroness that there was nothing untoward going on.

As I have outlined previously in this Committee, the Government are fundamentally reforming regulation of the payday market through the Financial Conduct Authority’s new, more robust regulatory system. In January, the FCA will introduce a cap on the cost of payday loans, to protect consumers from unfair costs. The Government are determined to tackle abuse in the payday market wherever it occurs, including in the marketing of these loans. We strongly agree with the noble Lord that it is unacceptable for payday lenders to deliberately target vulnerable consumers with their advertising material. However, it is clear that a robust set of measures is already in place to protect the vulnerable from such practices.

We have heard about the FCA, but payday loan adverts are also subject to the Advertising Standards Authority’s strict content rules. Those apply to broadcast, as well as online, advertising. The ASA enforces the rules set out by the UK code of broadcast advertising. The BCAP code requires that all adverts are socially responsible and that vulnerable people are protected from harm. The social responsibility requirement prohibits lenders from deliberately targeting vulnerable people such as problem gamblers. The ASA has powers to impose scheduling restrictions if it deems it necessary. It also has powers to ban adverts which do not meet its rules, and has a strong track record of doing so: since May 2014, the ASA has banned 12 payday loan adverts. Just today, the ASA banned a payday advert because it encouraged consumers to take out loans to fund frivolous spending. The FCA has introduced tough new rules for payday adverts, including the introduction of mandatory risk warnings and the requirement to signpost to free debt advice. The FCA also has power to ban misleading adverts that breach its rules.

To conclude, there is in place a tough package of measures to ensure that vulnerable consumers are protected from inappropriate advertising and communications from payday lenders. I hope that that gives the noble Lord some comfort. To pick up on a point made by the noble Baroness, Lady Wilcox, the consultation paper on the cap will be published next week, before Report. I hope that the noble Lord now feels able to withdraw his amendment.

[Lord Kennedy of Southwark]

I first raised the issue of payday lending in 2010, soon after I entered the House, in a Question to the noble Baroness, Lady Wilcox. I remember that when I left the Chamber after that, a Conservative Peer said to me, “That is outrageous. No one ever charged me 4,000% for a loan. How dare you say that in the House? It is wrong”. He had a right go at me. I said, “I’m sorry”. I then sent him the link to the advert, and he came back to apologise. He has since become a good friend. He was shocked that anyone would charge that sort of money. That is how I felt about gambling websites. I could not believe that you can play a lot on those sites and have a sign saying that the money is there. The problem is that the advert may not be misleading; it may just give the name of the company and say that it gives payday loans. That is a matter of fact.

We say that we are trying to protect problem gamblers. How do you know that the person on the computer is a problem gambler? You are sitting there getting desperate, losing money and needing more, and the offer is in front of you. The Government are not going far enough on this. There is a big issue here, which we should look at. Of course I will withdraw the amendment today, but I will probably bring it or a similar amendment back at Report.

On ring-fencing, these companies are being fined a tiny amount—£10 million or £11 million. Hundreds of millions of pounds are going to the Consolidated Fund. I hope that no Minister will be too worried about the amount I am talking about when I get to see them. With that, I beg leave to withdraw the amendment.

Armed Forces (Service Complaints and Financial Assistance) Bill [HL]

Debate between Lord Kennedy of Southwark and Baroness Jolly

Tuesday 29th July 2014 Lords Chamber

[Baroness Jolly (LD)]

My Lords, I feel that I should make a declaration at this stage as I have been a member of a credit union for many years. In order to become members of such a union we first had to set one up, so we set up a credit union in Cornwall; Cornwall is its common bond.

I thank the noble Lord, Lord Kennedy of Southwark, and the right reverend Prelate the Bishop of Sheffield for bringing forward the important issue of credit unions and congratulate them both on championing this cause. As the noble Lord, Lord Kennedy, has outlined, credit unions are not-for-profit financial co-operatives owned and controlled by their members and they must have a defined “common bond”. This could be a shared geography, such as Sheffield or my own county of Cornwall, or a shared job or employer, such as employees of BAE Systems, members of a police force, or even members of the clergy. Credit unions provide savings and loan products designed to meet the needs of their community. They are designed to instil a culture of regular saving, and thence access to affordable credit when needed. In effect they are ethically based, democratically controlled, community-owned financial institutions that offer an alternative to high-cost payday lenders and conventional banking.

As noble Lords will be aware, the Government actively support credit unions and have been working to increase access to affordable credit. We have invested £38 million in the Credit Union Expansion Project and are working with the Association of British Credit Unions to look at how credit unions might be expanded to benefit a broader section of the community. The Government’s commitment was underlined in a recent House of Commons adjournment debate. For the record, I would like to highlight some of the key points from that debate. Credit unions do have a role to play in supporting our Armed Forces communities. Financial pressures exist within service households just as they do in the wider community. But for too long there have been factors that exacerbate the problems faced by the Armed Forces community. Often this is nothing to do with people’s creditworthiness, but reflects the nature of a peripatetic career that prevents them developing a proper credit history.

The Ministry of Defence has recognised these difficulties and has undertaken a great deal of work, under the Armed Forces covenant, to address the disadvantages. We are working with the financial services industry to ensure that it understands the unique circumstances of the Armed Forces community and to ensure that it is not unfairly disadvantaged. As part of this we have introduced UK postcodes for overseas locations to help Armed Forces personnel serving overseas to maintain a UK credit history that is recognised by financial service providers and to allow improved access to financial products. In partnership with the Royal British Legion and the Standard Life Charitable Trust, we have developed the MoneyForce financial capability programme, which delivers training and briefings, and provides resources and online support to help the Armed Forces community manage its money and financial affairs better.

Despite this support, there are still those in the Armed Forces, as among the public at large, who end up requiring a loan but get into difficulty with debts at high interest rates owed to payday lenders. Members of the Armed Forces and their families can of course already, providing they meet the common bond for membership, apply to join an existing credit union to access the range of financial services offered. However, unlike in the US, as we have heard, and some EU states, coverage in the UK is not national and the services vary. Therefore, significant thought has been given to whether to create a dedicated Armed Forces community credit union.

UK credit unions traditionally grow organically from small beginnings which may take many years to cultivate their membership. Several thousand members are required for a credit union to achieve long-term self-sustainability to offer a tailored suite of products which meets the needs of its members. What makes credit unions unique and makes them work is their independent spirit. They are created by the people for the people and they offer products that their customers want, because their customers are also their members. Credit unions grow steadily and organically from small beginnings, and normally take many years to cultivate their membership. To give one example, the Glasgow Credit Union Limited was founded by two members in 1989 as the Glasgow District Council Employees Credit Union. I am sure that the noble Lord, Lord Kennedy, will recognise that type of model. Over its 25 years, it has grown to a membership of 32,000 and some £100 million in assets.

Unlike payday loan companies, credit unions are a positive force in the community around them. They benefit members and local economies alike. However, it would not be in anyone’s interests—the taxpayer, the UK financial services industry or members themselves—to try to shoehorn such an institution of this kind into a Whitehall department. The savings of our service personnel should be properly stewarded, managed and regulated. As noble Lords will appreciate, this is not core business for the Ministry of Defence and would involve financial, reputational and resource risk.

Out of the corner of my eye, I see my noble friend Lord Deben suggesting that this is an “I told you so” moment—but there is some light here. The Minister for Defence Personnel, Welfare and Veterans met interested members of the House, including the chair of the All-Party Parliamentary Group on Credit Unions, representatives of the Association of British Credit Unions Limited and the chief executive of the Plane Saver Credit Union, to discuss how the MoD might support access to credit unions by the Armed Forces. Officials are now actively exploring the support that the MoD could offer. A number of issues are being considered, including the criteria a credit union should achieve to receive MoD support and the education of the service community in order to facilitate informed choices. To add a personal note, when we set up our credit union, one of the most difficult things was to inform people what a credit union does and how it works. Further issues being considered are how credit unions can be accessed by service personnel and the potential for payroll deduction to reduce the administrative costs of running a credit union.

The organisation of credit unions has always been, and must continue to be, the remit of the private and the voluntary sectors. However, the Ministry of Defence will support organisations with the wherewithal to put in place a credit union to support the men and women who have served this country with such distinction.

I hope that this has provided noble Lords with some assurance on the Government’s position on credit unions. However, I think that including specific provision on credit unions is unnecessary in this Bill and would take us away from the primary purpose of Clause 4, which is to provide the legal basis for funding charitable, benevolent and philanthropic organisations that support members of the Armed Forces community throughout the United Kingdom. On that basis I ask the noble Lord to withdraw his amendment. However, we will take away the suggestion of the noble Lord, Lord Kennedy, of a meeting with Anna Soubry and see what can be done before Third Reading.

[Lord Kennedy of Southwark]

I thank all noble Lords who have spoken in the debate. I am not entirely pleased with the Government’s response. I do not understand the reputational risk to the MoD. It is the same reaction I got when I raised the issue of a credit union in Parliament a year or two ago. I was told by officers in both Houses that because of the reputational risk and all the problems I would have it would not happen. Finally, we got there and it now happily works in both Houses of Parliament, with no particular risk. I do not understand the risk in facilitating a voluntary body that provides affordable credit to our Armed Forces community. I think that is quite disappointing. I hope that we can have a meeting before Third Reading and I hope to be able to bring something back at Third Reading as I think this is an important issue.

I thank the right reverend Prelate the Bishop of Sheffield for his support. I very much agree with the comments he made about Navy Federal. It is the biggest credit union in the world. It happily serves the whole of the armed forces of the United States. There are no problems there at all. I am sure that it would give us some assistance and support in getting a credit union fully established in the UK for the military community. I thank the noble Lord, Lord Deben, for his comments. He made the case for supporting credit unions much more eloquently than I could make it. I was very hopeful when he spoke that maybe he knew something that I did not know and that we would be able to get a better answer from the Government. Clearly that was not the case. I was also pleased with the support of my noble friend Lord Rosser from my own Front Bench.

I am disappointed with the response. I think we should do more than this. I hope I can bring the amendment back at Third Reading. With that, I beg leave to withdraw the amendment.