Domestic Abuse Bill

Baroness Benjamin Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021 Lords Chamber

[Baroness Bertin (Con) [V]]

My Lords, it may be late in the evening but the passion and energy in the speeches we have heard have not dipped at all. I will speak in support of Amendment 176 and join others in sending a very strong message to the Government that decoupling accommodation-based services and community-based services by law could have a severely detrimental effect on the very people this Bill is trying to help and serve to undermine the spirit of this legislation. Others have made such eloquent speeches; I do not want to repeat them given the time of evening, but I support them wholeheartedly.

Introducing a statutory duty on local authorities to provide refuge services is welcome, much needed and based on the right intentions, but refuge is essential for only a small number of domestic abuse victims; far more deserve to stay in their home, as we have heard. Instead, we should remove the perpetrator who has caused the harm. Expecting adult and child victims to leave their possessions, friends, community and family to move to a hidden house with other traumatised victims cannot be the extent of our ambition in this era.

To reiterate a point that many have made in this debate and others, long-term, strategic funding must be put in place for these services. The surge we have seen in this pandemic has placed huge financial pressure on many of these organisations; we must be realistic about that. It is for this reason that many of us this evening, as well as the designate domestic abuse commissioner, are asking for reasonable measures to be put in the Bill to ensure that local authorities take steps to guarantee sufficient provision of specialist domestic abuse support services, not just in refuges but in the community.

Other noble Lords and I have had long and detailed conversations with my noble friend the Minister. I am genuinely grateful for her time and commitment. There is no sense of “the computer says no” or having a tin ear; I know she is listening and cares deeply about this issue.

I know this issue is not straightforward. If it were, the Minister would have fixed it. I back this amendment but a compromise could be made by extending the remit of local partnership boards so they could assess the need for community-based services. This remit could also be extended to reporting back to government on multi-agency working at a local level to help provide greater oversight in ensuring that local partners comply with the statutory guidance accompanying the Bill.

The very essence of this Government’s approach to domestic abuse serves to underline how much value they place on services in the community that seek to prevent and stop the cycle of abuse. The Home Secretary herself spoke about changing the narrative from “Why doesn’t she leave?” to “Why doesn’t he stop?” Community-based services are the answer to this and, if anything, they should be elevated and not downgraded. Therefore, I urge the Government to think again.

[Baroness Benjamin (LD) [V]]

My Lords, I will speak to Amendments 176 and 177 in the names of the noble Lords, Lord Polak, Lord Russell of Liverpool and Lord Rosser, and the right reverend Prelate the Bishop of Derby, to give my support. I declare an interest as a vice-president of the children’s charity Barnardo’s. Barnardo’s and many other charities supporting child and adult victims of domestic abuse support the changes proposed in these amendments.

Following the debate in the other place, the Government rightly amended the Bill so that it recognises that children are victims of domestic abuse and not just witnesses or bystanders. Like many others, I am grateful to see this, as it shows common sense and joined-up policy. I congratulate the Government because the impact of domestic abuse on children must not be underestimated. It is the most common reason for children to be referred to local authority children’s services and it often creates trauma—and childhood lasts a lifetime. However, we know that, with the right support, children can recover from experiences of domestic abuse and can break the cycle and go on to live positive adult lives.

The danger with the Bill as drafted is that it offers this support only to some children, notably those who are in refuges or other safe accommodation. It does not secure support for the majority of victims, including children, who remain in the family home or elsewhere in the community. This can have some very damaging consequences, so we need joined-up thinking here too.

In the current financial situation, where funds are extremely tight and will remain so for some time, resources will inevitably go to services underpinned by a statutory duty. Under the Bill as drafted, the available resources would be concentrated in refuges and safe accommodation; very little would be left for the majority of victims in the community and those who continue to live at home. This could send out the message that in order to access support, you have to flee your home along with your children. This is surely not the message we want to send to victims.

There is a further question of how domestic abuse affects different communities. Evidence from Safelives suggests that victims from black, Asian and other minority communities typically suffer domestic abuse for almost twice as long before getting help, compared with those who identify as white. Disabled victims are often less able to leave their homes, so the impact is especially significant for them too. We also know that in some communities, there is a stigma attached to leaving your home and that services are not always culturally sensitive to this or able to engage effectively with those who need support.

The other problem here is one of missed opportunity. Victims, including children, will not reach the point of support until they are beyond crisis point, which is what often happens at the moment. This means that we miss the chance to support them early, to help families stay together and live in their homes safely, and to prevent the need for costly services.

We need to remember that time is much slower for children. Every day, every week that goes by in a dangerous home without support is eating away at their childhood, causing stress, anxiety and mental problems, and the longer they suffer trauma, the longer it will take to recover. Barnardo’s knows this. This has been the harsh reality for many families during the current lockdown. For all these reasons, it is vital that we use this once-in-a-generation Bill to secure support for all victims, adults, and children especially, from all backgrounds, wherever they live. This is why I support these amendments. They will help to make sure that support is available in the community, where it is desperately needed. I have much respect for the Minister and I hope that she and the Government will show compassion, consideration and empathy in the Bill for these vulnerable, forgotten victims who suffer domestic abuse while living in their own homes or in community-based services.

[Baroness Uddin (Non-Afl) [V]]

My Lords, it is a great privilege to follow the noble Baronesses, Lady Benjamin and Lady Bertin. I have been a practitioner at the front-line of statutory and voluntary social work for more than 40 years. I have worked with victims and survivors of domestic violence and abuse. It is a privilege to see the Bill progressing. I am truly grateful to all noble Lords who support Amendments 101, 176 and 177.

Amendment 101 looks at the impact of economic abuse. This group of amendments is concerned with local welfare provision, including emergency financial services for victims, survivors and their children and would assist some of the most vulnerable women and children who are often left with nowhere else to go. Amendment 176 would extend the duty on local authorities to mandate specialist provision to work alongside organisations which have been working despite suffering drastic cuts. The noble Lord, Lord Rosser, spoke of the 120 organisations that have written to Members in the other place. This amendment would put a statutory duty on local authorities to assess the need for community-based services on an equal footing. In my previous contribution, I highlighted, like other noble Lords, the staggering number of women who never seek refuge-based services, so I too welcome the £40 million announced by the Government. Will the Minister add £17 million so that it will be easy for these organisations to provide the relevant services?

Placing a duty on local authorities to work in partnership with long-respected organisations with specialist knowledge and skilled staff to deliver local welfare provision will be a critical component in safeguarding care and support for victims and survivors. We know that many local authorities have decimated the specialist services that for decades provided essential support and counselling for all women, including those of minority heritage who may require additional specialist services and expertise to deliver a more focused intervention arising out of their cultural, faith and linguistic requirements.

Some 8.7 million people experience economic abuse. The five-week delay in the payment of universal credit may preclude many survivors deciding to seek support. Economic sanctions and restraint by perpetrators have been powerful tools. The likely consequence is women victims and survivors holding back from seeking the help they need, so recognition of economic abuse in the Bill is welcome.

Amendment 101 would enable women to have their rightful dignity and care and would provide a necessary, immediate lifeline and relief by ensuring that all survivors can access local welfare assistance, including women victims and survivors with no recourse to public funds, who must not be excluded from safeguarding because of their immigration status. It is a great honour to support this group of amendments.

Domestic Abuse Bill

Baroness Benjamin Excerpts

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

[Baroness Benjamin (LD) [V]]

My Lords, Stronger with Music is a campaign to end domestic violence and empower women and children victims. It needs all our support because domestic abuse is a horrific crime that affects millions of people across the country. Domestic abuse is experienced by one in five children at some point in their childhood. A report by Barnardo’s, of which I am a vice-president, detailed the devastating impact of domestic violence on children and their life chances. It found that domestic abuse in the first 1,001 days of a child’s life can affect their neurological development, leading to poor health, poor sleeping habits and disrupted attachment and can push children down the wrong path. Children who experience domestic abuse can also go on to repeat the cycle of violence in their own intimate relationships, as a perpetrator, victim or both.

The Government were right to recognise that children are victims of domestic abuse and, thankfully, change the Bill to reflect that. We need to now build on this and make sure those child victims can access specialist support in their communities. Currently, the Bill creates a duty on local authorities to provide support for victims in a refuge. I strongly urge the Government to extend this duty to make sure that all victims, including children, can access support without fleeing their own homes.

When the Bill went through the other place, it was enhanced by the removal of the “rough sex” defence. Tackling domestic violence, however, should not be about only changing the law to deal with rough sex when it happens; it should also be about fostering a society in which the occurrence of rough sex—including strangulation, and I support the important amendment tabled by the noble Baroness, Lady Newlove—is reduced. I am therefore extremely concerned about the way so-called rough sex is being normalised in our society by the exposure of children and young people to graphic pornography depicting rough or violent sex. We know that children and young people spend much of their lives online. Research conducted by the BBFC said that

“most of the boys interviewed reported watching pornography daily for a period of their lives.”

It also said that children

“believe pornography could influence sexual behaviour and attitudes towards consent”

because

“consent was ‘implied’ in pornography rather than openly discussed and spoken about by participants.”

The Ending Violence against Women and Girls strategy, published in 2016, says:

“Research also demonstrates that viewing pornography at a young age can cause distress and have a harmful effect on sexual development, beliefs and relationships.”


Given all these concerns, we cannot consider the Bill before us today without acknowledging the fact that this House has already passed world-leading legislation, in the Digital Economy Act, to protect under-18s from accessing pornographic websites. Yet, astonishingly, the Government have not implemented that legislation. To make matters worse, they have recently announced that the online harms Bill will seek to protect children only from user-generated pornography rather than pornography on pornographic websites. This makes me weep. I cannot see how the Government can prevent children and young people accessing material that undermines consent and promotes rough sex without a comprehensive approach that encompasses all pornography, user generated and non-user generated, on all pornographic websites and social media sites. I plead with them to implement Part 3 of the Digital Economy Act as a matter of urgency, for the sake of online protection of children, until the relevant legislation is ready to be implemented.

We need to take action now to prevent domestic abuse later—and we should remember that childhood lasts a lifetime, so let us act now.

Children: Online Grooming

Baroness Benjamin Excerpts

Wednesday 2nd December 2020 Lords Chamber

Asked by

[Baroness Benjamin]

To ask Her Majesty’s Government what action they are taking to protect children online who have been groomed into filming their own abuse.

[Baroness Benjamin (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and declare an interest as a champion of the Internet Watch Foundation and a vice-president of Barnardo’s.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the rise in self-generated indecent images of children is extremely concerning. These images can have devastating impacts on young people, putting them at risk of blackmail, coercion and, of course, further abuse. Through the online harms Bill we intend to publish a new duty of care for online companies towards their users, overseen by an independent regulator. Our response during the pandemic includes amplifying messages to stakeholders to help children to stay safe online.

[Baroness Benjamin (LD)]

My Lords, professionals working in child protection, such as those at Barnardo’s and the NSPCC, have been raising concerns about the impact of the lockdown on children, which has created a perfect storm that has led to an increase in online child abuse. The Internet Watch Foundation has warned of a rise in self-generated illegal images of young children which it has had to take down, up almost 50% on last year. What steps are the Government taking to ensure that there is a renewed focus on prevention and the protection of children, who are spending more time online, to guarantee that they are properly supported with high-quality online safety advice, funding and resources?

[Baroness Williams of Trafford (Con)]

I agree whole- heartedly with the noble Baroness: she is absolutely right that the figures she quotes are staggering and worrying. I commend the Internet Watch Foundation for the work it is doing. I know that officials are engaging very closely with the IWF to explore what more we can do to tackle this sort of online grooming. I also know that RSE in schools is another area through which we can engage with children to prevent this sort of thing happening in the first place.

Domestic Abuse

Baroness Benjamin Excerpts

Wednesday 11th November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Baroness asks a very pertinent question in this field. The Government have put in place several forms of protection for victims to prevent continued coercive control, which so often goes on after the event, and economic abuse, including accommodation, community-based services and counselling. The Domestic Abuse Bill and wider action plan will help to ensure that victims have the confidence to come forward and report their experiences, safe in the knowledge that the justice system and other agencies will do everything they can to protect and support them and their children and pursue their abuser.

[Baroness Benjamin (LD) [V]]

My Lords, recent shocking evidence showed a 20% rise in babies being killed or harmed at home during the first lockdown. In normal times, 50% of children in need of support from local authorities come from homes with domestic abuse. The Domestic Abuse Bill promises additional support for victims and children in safe accommodation, but this will not help those who do not or cannot flee their own homes. Will the Minister tell us how the Bill will improve support for victims and their children while they live in an abusive family home?

[Baroness Williams of Trafford (Con)]

My Lords, I hope that I have outlined some of the measures that we intend to put in place. The noble Baroness will recall, some time ago when we discussed this, I explained how we will support people through local authorities in their own homes who need to be kept safe for a short period of time through safe rooms, et cetera. However, the whole point of the provisions of the Domestic Abuse Bill is to deal with all the things that she outlines, including supporting women who have suffered abuse and their children, and establishing perpetrator programmes, which are so often overlooked but are at the heart of us tackling this awful crime.

Windrush Compensation Scheme

Baroness Benjamin Excerpts

Wednesday 24th June 2020 Lords Chamber

[Baroness Williams of Trafford]

I thank the noble Baroness for making that point. We have got to get a balance on streamlining the process on often quite complicated situations. Yesterday my right honourable friend the Home Secretary invited Members of the House of Commons to see some of the casework that is going on to demonstrate how absolutely thoroughly we are considering and processing these claims. There is a balance to be struck between making sure that everyone gets the full amount to which they are entitled and doing it in a timely fashion. I do not disagree with the noble Baroness in part, but we need to do it thoroughly and properly and ensure that everyone gets the full amount to which they are entitled.

[Baroness Benjamin (LD) [V]]

My Lords, I declare an interest as chair of the Windrush Commemoration Committee. For more than 40 years I have been striving for true racial equality, and I have sat on many panels and committees to address the issue—but to little avail. There are hundreds of recommendations in existing reviews; it is exasperating. So, while I welcome the formation of the Windrush cross-government committee and the promise to implement all Wendy Williams’s recommendations, if the Government are truly serious about tackling systemic racial inequality, the time has come to establish a far wider-ranging, effective and comprehensive race equality strategy. Will the Government commit to working together across government with appropriate stakeholders to implement a race equality strategy at Cabinet level?

[Baroness Williams of Trafford]

I pay tribute to the noble Baroness for all the work she has done in this area. I hope that the progress we have made on this is some comfort after seven decades of inequality being built up because of successive Governments—we all need to look to ourselves—putting in place policies that have made it more difficult for members of the Windrush generation and others to settle and make their lives here. I shall certainly take back what she said about a race equality strategy. I hope the noble Baroness is happy about the cross-government working group in the sense that it brings in a whole-of-Whitehall approach not only to look at some of the lessons that Wendy Williams wants us to look at but to tackle the problems that occur across government departments in exacerbating race inequality.

Black Lives Matter: Protests

Baroness Benjamin Excerpts

Monday 15th June 2020 Lords Chamber

[Baroness Williams of Trafford]

I thank the noble Lord for making that point. The Wendy Williams review has to be answered in a timely fashion and my right honourable friend the Home Secretary has committed to doing so. Wendy Williams was very clear in her recommendation that she did not want the Government or the Home Secretary to rush to respond but to reflect on the very good points she had made in her review. The Prime Minister’s commission will not in any way undermine the work that the Home Office is doing. The noble Lord talked about the review being on my desk. It is not on my desk, but we all share responsibility for it.

[Baroness Benjamin (LD) [V]]

My Lords, monuments are intended to commemorate important and significant events in our history. Black history needs to be addressed. I am proud to chair the Windrush Commemoration Committee, which, under the auspices of the Ministry of Housing, Communities and Local Government, will unveil in 2022 a Windrush monument at Waterloo station, where thousands of Caribbeans arrived. There will also be an IT educational element to it, celebrating major contributions that Caribbeans have made to Britain. This must not be a one-off, so will the Government consider commissioning more such monuments, such as a national slavery monument, to document our history and demonstrate that black lives really do matter?

[Baroness Williams of Trafford]

I commend the noble Baroness on all that she has done in securing a Windrush Day and on the work she has done on the Windrush monument at Waterloo to commemorate those people who arrived here to rebuild this country after the war. On a national slavery monument, I do not know whether the noble Baroness knows the International Slavery Museum in Liverpool—I bet she does. I am racking my brains to remember whether there is actually a statue outside it, but positioned as it is, in the very heart of a city built in many ways on slavery, it is a reminder to us all of why black lives matter.

Child Sex Predators

Baroness Benjamin Excerpts

Thursday 4th June 2020 Lords Chamber

Asked by

[Baroness Benjamin]

To ask Her Majesty’s Government what steps they are taking to prevent 18 to 25 year-olds becoming child sex predators online.

The Question was considered in a Virtual Proceeding via video call.

[Baroness Benjamin (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and declare an interest as a champion of the Internet Watch Foundation.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, child sexual abuse is an abhorrent crime and tackling it is a key priority for the Home Office. We aim to prevent offending by halting the escalation of harmful sexual behaviour in young people. We support the Lucy Faithfull Foundation’s Stop It Now! campaign, which signposts those concerned about their behaviour towards confidential support, and the joint project by the Marie Collins Foundation and the Internet Watch Foundation to increase awareness of the law.

--- Later in debate ---

[Baroness Benjamin]

I thank the noble Baroness for her Answer. In April, during lockdown, data from three internet companies serving the UK market and deploying the Internet Watch Foundation’s webpage blocking list identified 8.8 million attempts to access known sexual abuse imagery of innocent children. The IWF is essential in preventing internet users, especially young men, accessing—often accidentally—this type of horrific content and going on to commit sexual offences. What are the Government doing to tackle the issue of the estimated 300,000 people who currently pose a threat to children in the UK, and what steps are they taking to encourage smaller ISPs that do not deploy the list?

[Baroness Williams of Trafford]

The noble Baroness points towards the international response required here. We not only engage with our Five Eyes partners but employ technology for takedown of such images, as do our international partners. We engage with our police and law enforcement agencies to enable the takedown of these sorts of images. On a practical level, we work with NGOs to ensure that children are kept safe online and that some of the things they do online are safe.

Windrush Compensation Scheme

Baroness Benjamin Excerpts

Wednesday 6th May 2020 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, in 2017 I was honoured to be asked by the Government to chair the Windrush Commemoration Committee, to create a Windrush monument in recognition of the contribution that Caribbean people have made to Britain. In 2022, the monument will be erected at Waterloo station, where thousands of West Indians like myself arrived in Britain before dispersing across the whole of the UK. However, the committee is finding it hard to make this a joyful experience, because of the Windrush scandal and the shame hanging over the country. This needs to be solved urgently.

Like many West Indians, I have dedicated my life to serving this country. We were brought up in the Caribbean to believe that we were British—part of the motherland—and taught at school to celebrate British history. In 1960, I was one of the lucky children who arrived in Britain with my own passport, but the Windrush scandal has shown that it could have been so different for me had I not had one.

Life during those early years in Britain was harsh, brutal and cruel. My whole family, all eight of us, lived in one room, as there was little accommodation available for Caribbean people. I saw those signs saying, “no Irish, no dogs, no coloureds”. I had people spit at me. Grown men lifted my skirt and said, “Where’s your tail, monkey?” I was not served in shops; I was even turned away from the church. These were the indignities that we had to suffer, with resilience and determination. We were made to feel as though we did not belong. We felt a sense of betrayal, as the general public knew nothing about us, but we were too proud to return or tell families back in the Caribbean about the hardship, discrimination and rejection we were facing. Besides, there was little money, because the jobs available were low paid. My mother had three jobs in a day to try to make ends meet.

All this meant that culturally, people from that generation did not go on holiday, travel abroad, register for a passport or take part in any national register. This partly explains why so many people did not have the necessary documents and became caught up in the Windrush scandal, facing unbelievable hostility with little compassion, consideration or cultural understanding, some dying due to the stress and trauma.

Thanks to much campaigning, the Windrush compensation scheme was meant to help correct the injustice, but little progress has been made. Minimal funds have been paid out and faith in the Home Office is at an all-time low. To move forward, trust in the Home Office needs to be restored, as it is still associated with the hostile environment, complicated forms and deportation flights. Trust is also needed in the appeals system, especially when cultural decisions are to be made, and in those in the Caribbean who are part of the scandal.

How does the Home Office intend to restore that trust? One suggestion is for the Government, in order to restore confidence, to establish an independent advisory group and chair, reporting directly to the Cabinet Office, on the implementation of all 30 vital recommendations of the Windrush Lessons Learned Review by Wendy Williams. The Windrush monument will be a way to define and celebrate black British history. Let it not be the Windrush scandal.

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

Lord Woolf? We cannot hear the noble and learned Lord; we will perhaps come back to him. Lord Sheikh.