Safety of Rwanda (Asylum and Immigration) Bill

Debate between Baroness Bennett of Manor Castle and Lord Coaker

Committee stage
Monday 12th February 2024 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, acutely aware of the hour, I will be extremely brief and restrain myself. I offer Green support for Amendments 9, 10 and 13 and I will simply say about Amendment 9—I declare my position as co-chair of the All-Party Parliamentary Group on Hong Kong—that I invite noble Lords who are opposing these amendments to turn this around and say how we would feel when the Chinese Government say, “Well, we’re just going to ignore the Sino-British joint declaration”—as indeed the Chinese Government do and we rightly condemn that behaviour, and I hope will continue to do so.

On the second point, I commend the noble Lord, Lord German, for trying to fix the British constitution. It is a brave attempt, particularly at this hour of the evening. I was reminded, looking at his amendment, of the conclusion of the historian Peter Hennessy, the noble Lord, Lord Hennessy, that we suffer from the fact that our constitution—uncodified or unwritten, whichever you prefer—relies on people being “good chaps” who will just follow along and do the right thing. We are well past the point, it is very clear, when we can rely on the Government being good chaps.

[Lord Coaker (Lab)]

My Lords, I shall make a couple of brief comments. The noble Viscount, Lord Hailsham, in his Amendments 9 and 13, makes a hugely important point. I say to the noble Lord, Lord Jackson, that I would be quite happy, if I were to be able to stand again, or indeed vote at the next general election, for my party to stand on the principle that it will abide by international law. That is something by which the Labour Party would be proud to stand. It is clear, with respect to his own party, that there is a division, frankly, between the position that the noble Viscount, Lord Hailsham, holds, where he espoused what was the traditional and in my view the well-respected view of the Conservative Party, and the view of the Conservative Front Bench, which is to the right of the noble Viscount but to the left of the noble Lord, Lord Jackson. I am afraid that the noble and learned Lord, Lord Stewart, is getting it not just from His Majesty’s Opposition but from the right and left of the Tory party. We will be interested to see how he responds to that.

On the issue that

“the validity of an Act is unaffected by international law”,

the noble Lord, Lord Murray, mentioned Clause 1(6), which details the international law that can be ignored or is irrelevant under the Act. It is quite astonishing. If noble Lords have not read Clause 1(6), or have not got it in front of them, it is worth looking at. Virtually every international treaty or convention which this country has been a proud member of, often for decades, is simply to be ignored or considered irrelevant to the validity of the Act. These comprise

“the Human Rights Convention, the Refugee Convention, the International Covenant on Civil and Political Rights of 1966, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984, the Council of Europe Convention on Action against Trafficking in Human Beings done at Warsaw on 16 May 2005, customary international law, and any other international law, or convention or rule of international law, whatsoever, including any order, judgment, decision or measure of the European Court of Human Rights”.

Illegal Migration Bill

Debate between Baroness Bennett of Manor Castle and Lord Coaker

Committee stage
Wednesday 7th June 2023 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Lord, Lord Scriven, and to speak specifically to the amendments in this group to which I have attached my name and to the general tenor of this. I did consider not rising to speak at all, because the incredibly powerful speech of the noble Baroness, Lady Mobarik, and her proposition that the words “detention” and “children” do not belong in the same sentence, can be said to sum up all of this debate.

However, I did want to give voice to someone else in this debate—the voice of a nine year-old who was held in immigration detention previously in the UK before the laws were changed. When asked how detention made her feel, this nine year-old said very simply, “Sad and angry. Feel like screaming or breaking something”. That is a nine year-old, talking about the kind of experience that we could again be subjecting children to in this country if the Bill goes through.

To put that in terms of a 2009 briefing paper from the Royal College of GPs, the Royal College of Psychiatrists, the Royal College of Paediatrics and Child Health, and the Faculty of Public Health:

“Reported child mental health difficulties include emotion and psychological regression, post-traumatic stress disorder … clinical depression and suicidal behaviour.”


A more recent paper, published in 2023 by Tosif et al, entitled Health of Children Who Experienced Australian Immigration Detention, said it showed devastating impacts on children’s physical and mental health and well-being and on their parents’ parenting capabilities. I wanted to allow that voice to be heard and to share that medical reference.

I just want to make one final reflection. There is a hashtag I use on Twitter quite often, #CampaigningWorks. Sometimes people say, “Well, it should have worked indefinitely. Why do we have to fight this same battle again?” I think that what the Government have got this evening is a very clear message that this battle has been fought before. We have learned a huge amount and got all the evidence from last time, and it is going to be fought again, even harder, from all sides of your Lordships’ House, to stop this element of child detention and to stop this Bill going through.

[Lord Coaker (Lab)]

My Lords, it is a privilege to follow a number of the contributions to this debate. I shall concentrate on Amendments 59, 63, 64, and 67 by the noble Baroness, Lady Mobarik. These, along with some others, are the most important amendments in this group, and we support what she has said.

I am a proud Labour politician, but I am not someone who thinks a Conservative Government have never done anything that deserves recognition or praise. The Modern Slavery Act is one such thing; the noble and learned Baroness, Lady Butler-Sloss, and I do a lot of work with respect to modern slavery, and we know that to be the case. Another, under the prime ministership of David Cameron, was the ending of child detention for immigration purposes. That Government —to be fair, they were a coalition Government—deserved an awful lot of credit for that, since it was an affront to our country that it was happening in the first place.

So it is a great surprise to us to see this Government, in their desperation to do something about the small boats crossing—which we all want to see something done about—driving a coach and horses through that. I would have thought they would have said, “This is something we are proud of. This is what we stood up for. Whatever measures we take to try to deal with small boats, we will not abandon that principle”. I know the Minister will say that the Government made a concession in the other place and came forward with a regulation-making power that will allow exceptions to be made and so forth, but that is not good enough.

The noble Baroness’s amendments are supported by the right reverend Prelate the Bishop of Southwark, my noble friend Lady Lister and many others, and I hope the Government listen. Whatever else we would wish to see done in order to tackle the problem that we face with respect to small boats crossing the channel—and there is a problem—I do not think any of us want to see children used as one of the ways of doing that. To be fair, I do not believe the Government would wish that either, but the fact is that the legislation as it stands means that unaccompanied children will be detained, and most of us find that unacceptable. That needs to change. We need to go back to the situation that existed before, as suggested by the amendments by the noble Baroness, Lady Mobarik.

I have a specific question for the Minister. Many of us received the briefing from the Refugee and Migrant Children’s Consortium, which says:

“If the Government’s intention is to detain and remove those arriving on small boats, then more than 13,000 children may face detention annually under this government proposal”.


Is it wrong? If so, it is incumbent on the Minister, if not now, to look at the way in which the organisation has arrived at that figure and tell us why it is wrong. Thirteen thousand children annually facing detention under the Government’s proposals is a significant number of children.

If that figure is wrong—this goes back to the problem of the impact assessment—then what figure are the Government using? The Minister says, and the noble and learned Baroness, Lady Butler-Sloss, referenced this, that there are no unaccompanied asylum-seeking children in detention at present. What assumptions are the Government working on here? They must have some figures somewhere for their expectation of the number of children who will be impacted by the proposed legislation as it stands. It would be helpful for us all to know what the Government’s assumption is of the number of unaccompanied children who may be detained as a result of these measures. Presumably they have scoped out the regulations that may be necessary which the Secretary of State may pass in future, so what is the number that the Home Office is working towards?

Secondly, what is the number of children who would be detained under the measures as currently drafted in this Bill who are with a family? I think it would be extremely helpful to all of us to have some sort of understanding of the number of children the Government are expecting their proposals to impact.

We have heard movingly from the noble Baronesses, Lady Mobarik and Lady Helic, and the right reverend Prelate the Bishop of Southwark about all the moral reasons for which we should not proceed with the Bill as it is currently laid out in respect of children. I think that the country would be in a situation where it would say to our Government that, whatever they do to control small boats, not to do it at the expense of children.

Economic Crime and Corporate Transparency Bill

Debate between Baroness Bennett of Manor Castle and Lord Coaker

Committee stage
Tuesday 9th May 2023 Grand Committee

[Baroness Bennett of Manor Castle (GP)]

We will not get into that one. The noble Lord, Lord Wallace, has been an absolute bulldog in pursuing this issue over a number of years. The reason why I chose to attach my name to this amendment is that I worked with the noble Lord on this issue, during my modest role in what became the Financial Services Act 2021. As the noble Lord, Lord Fox, outlined so clearly, we must be able to diagnose the illness fully if we are to find the medicine we need to deal with it. At the moment, we are not being allowed to see that diagnosis; we are getting a very rough, top-line kind of summary.

As the noble Lord, Lord Fox, said, we know that more than half of the visas issued—some 6,000—were being reviewed in 2022 for possible national security risks. Being told about a small minority does not get us anywhere near where we need to go. We are looking at this particularly in the context of the Russian attack on Ukraine and the current geopolitical situation. More than 200 Russian millionaires bought their way into the UK in the seven years after the scheme was supposedly tightened, before it was finally closed. We have to look at that with respect to security issues as well; we are talking about economic crime here but economic crime and security are surely interrelated. We need to know about those issues.

This amendment deals only with the review relating to economic crime. I am sure that that is because the Bill Office said that anything broader would be out of scope—I have no doubt about that—but it is worth putting on the record that, to learn lessons for the future, we need to assess the impact of the scheme much more broadly. I do not know whether the Home Office report looked at this—I cannot see it—but it would be interesting to see what impact it has had on our current housing crisis and on house prices; surely it has had an impact.

It is also worth highlighting the broader impact of entrenching wealth-based and racialised inequality in the UK. Take the contrast between the 250 family members and dependents of the Russian millionaires who came in versus the fact that so many British people are unable to live in their own country with their foreign spouse or partner because they do not earn enough money to be able to do so. That contrast is really shocking; we should be looking at the impacts of that on our society. These golden visas were a disaster. We can only understand that disaster and seek to deal with its effects if we are open about the Government’s own report.

[Lord Coaker (Lab)]

My Lords, I support much of what the noble Baroness, Lady Bennett, and the noble Lord, Lord Fox, have said. In speaking to my amendments in this group, I start by welcoming the publication of the fraud strategy last week. I know that the Minister has been pushing for it to be published as speedily as possible; its publication is helpful to the Committee.

The fundamental question behind much of what I am going to say is this: how will the fraud strategy published last week answer some of the problems that have been raised—indeed, that I will raise? My Amendments 106B, 106EA and 106EB are clearly probing amendments but they have at their heart the question posed by the noble Lord, Lord Fox: how will the Government bring together all this legislation, statutory instruments, enforcement papers, reforms of Companies House and so on? How is all of that in the landscape of government being brought together, co-ordinated and made effective? It is not an easy question to answer but, looking at all these things, they seem cluttered, to say the least. Even with this Bill, things are cluttered. Some sort of review or report to Parliament to try to do something about that would be helpful. Does the fraud strategy do that? How will the strategy report to Parliament to see whether it has been successful or not?

Procurement Bill [HL]

Debate between Baroness Bennett of Manor Castle and Lord Coaker

Committee stage
Wednesday 26th October 2022 Grand Committee

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Noakes, and congratulate her on the first half of her contribution, which clearly identified a crucial problem that has undoubtedly been missed by numerous other eyes.

However, I entirely disagree with the second part of her contribution, which referred to Clause 76(4). I do not often find myself in the position of defending what is potentially the Government’s position—perhaps I am about to pre-empt entirely what the Minister is about to say—but subsection (4) says:

“If a contracting authority is aware of circumstances”.


It does not say, “We expect the contracting authority to be clairvoyant and know of every single circumstance where a reasonable person might”. We all know this. Think about local councils. Having been a local journalist on another continent, I think of a case where a large city authority kept commissioning a certain architect to do a whole series of projects. That ended up raising considerable public concern. If that is happening, noble Lords can see why it would make sense to pre-empt the explanation of why there is no conflict of interest and therefore no problem here. It is also worth pointing out that the amendment tabled by the noble Lord, Lord Moylan, said that this was a subjective judgment that would affect the letting of the contract. In fact, it would not; it just says that there must be details of the steps included. So I would defend Clause 76(4), if the Government feel that it needs to be defended.

Before I get to what I chiefly want to say, I want to apologise briefly. I attached my name to a number of amendments in the previous group; I meant to be here to speak to them but events unfortunately intervened and I could not be. I still stand behind them.

Coming to this group, I have attached my name to a number of amendments in various combinations of the names of the noble Lords, Lord Wallace of Saltaire and Lord Scriven, and the noble Baroness, Lady Brinton. As the noble Lord, Lord Scriven, clearly outlined—I will not go over the same ground—the Boardman review reported in May 2021, which has allowed plenty of time for this issue to be included in this Bill, despite all the hurry and rush that we know there has been around it. I would also point out something that the noble Lord did not say: when the Boardman report came out, the Government said, “We accept all of these recommendations”. If the Government have accepted them, they should surely be incorporated in this Bill.

I want to pick up on one amendment that I did not sign, although I would have had I noticed it: Amendment 413 in the name of the noble Lord, Lord Wallace of Saltaire, that

“a donation or loan of more than £7,500 to any political party in a calendar year”

should be declared. We are talking about transparency and trust. This is obviously a practical, simple step that would not be very hard to implement and would be well worth while.

Amendments 421 to 423 are about preventing undue influence. Like the noble Baroness, Lady Brinton, I shall concentrate on Amendment 423. There is huge public concern about the revolving door, and I note that my honourable friend in the other place, Caroline Lucas, has done a huge amount of work, dating back in Hansard to at least 2013, on the revolving door in the defence and energy sectors.

That concern is not restricted to the Green Party. I was just looking through some of the reports. In 2011, Transparency International UK issued a press release headed

“Revolving door between Government and business is ‘spinning out of control’”.

If it was spinning out of control in 2011, we are at jet engine speeds by this stage. In 2016, the Centre for Crime and Justice Studies, in a report entitled Redefining Corruption, said that the public want a ban on the revolving door. This amendment provides much less than a ban; it is a modest six months, and I am not altogether sure that it should not be longer, but there is certainly great public concern about this. In 2017, the Committee on Standards in Public Life expressed concern about the revolving door.

The noble Baroness, Lady Brinton, set out one disturbing case. Here is another. In 2020, We Own It highlighted the interaction between Serco and NHS Test and Trace, and the degree to which there has been a revolving door between Serco and the senior Civil Service, to the point where a former head of public affairs of Serco became a Health Minister—I am not sure how many Health Ministers back, but at some point, anyway.

Finally, we should not forget the Greensill scandal. Just look at the mess that arose in part because of a revolving door—indeed, in some cases people were stuck in the same door at the same time, apparently representing both private interests and public, government interests. The Advisory Committee on Business Appointments noted that there were thousands of potential cases, but initially looked at only 108. There is lots of discussion about limits to that committee’s power; it cannot possibly cover this issue. We must start from the other side of the contracts.

[Lord Coaker (Lab)]

My Lords, I will be relatively brief, because I sense that some of the drive and energy has gone out of the Committee.

Procurement Bill [HL]

Debate between Baroness Bennett of Manor Castle and Lord Coaker

Committee stage
Monday 11th July 2022 Grand Committee

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise to make my first contribution in this Committee, so I declare my position as vice-president of the Local Government Association. I must also, slightly belatedly, thank the Bill team for last Wednesday morning’s briefing, which was very helpful in trying to come to grips with the complexity of the Bill. There are many people with a great deal more experience than me who are also wrestling with the complexity.

I rise to speak chiefly to Amendment 34 in the name of the noble Lord, Lord Wallace of Saltaire, who has just very ably introduced it. I also support Amendment 33. As the noble Lord, Lord Wallace, was speaking, I was thinking of the case study of the Dutch firm Randstad and the disaster of the Covid tutoring. That was a very large and important contract that I think the Government would now acknowledge went horribly wrong and should clearly never have been let overseas in the first place. The noble Lord also referred to care homes. Financialisation and hedge fund or overseas ownership of care homes is something I have been very concerned about since a brilliant report, which is highly relevant, from the Centre for Research on Socio-Cultural Change in 2016. It put that issue on the agenda and it has been focused on since by, for example, the Financial Times.

On Amendment 34, I perhaps come at this from a slightly different philosophical position from the noble Lord, Lord Wallace, in that I would like to get rid of all financialised provision and see it all in non-profit hands. I believe that is what is appropriate for this. This amendment is probing to ensure that organisations such as local social enterprises, not-for-profit companies and charities are able to apply for contracts. I would like to go stronger on that. I would like to see a preference for those organisations having many of these contracts. I think I am going to anonymise this case study because I have not had the chance to check with the people concerned, but a number of years ago I knew an excellent local rape crisis service that had been providing provision in a city for a number of years. Eventually I found out a month or so after a new contract was supposed to have started that it had been handed to a large national organisation. It was a total mess.

We have seen far too many cases like that where excellent local provision, which may not be expert at putting in tender documents but is expert at providing services, is swept aside under our current arrangements. I mentioned the Financial Times. There is very general agreement across the political spectrum that we need to stop that happening and ensure that good local services and social enterprises are able to continue, have stability, surety and certainty and do not need to put so much of their resources into the endless cycle of bidding and bidding again. I am not sure whether this amendment exactly gets to where I want to go, but it is certainly heading in the right direction. That is why I wished to speak in favour of it.

[Lord Coaker (Lab)]

My Lords, good afternoon. When the noble Baroness, Lady Noakes, leads a group of amendments, I often end up agreeing with her; it is a bit of a surprise sometimes. Amendment 30, which the noble Baroness has moved, goes to the heart of it, as do all the amendments, because of the lack of clarity about what Clause 8 really means and what is meant by light-touch contracts. It is a really important job of this Committee to try to tease out a little bit more detail.

As the noble Baroness, Lady Noakes, probes in her amendment, why are they not more narrowly defined? There is also an argument for asking why they are not more widely defined. I think the noble Baroness—she will no doubt correct me if I am wrong—is seeking to understand the Government’s thinking and how they have arrived at their conclusions. I think that is what all the various amendments from the noble Lord, Lord Wallace, the noble Baroness, Lady Bennett, and so on, are about.

In speaking to these amendments, I too am seeking clarity from the Government on what this clause means. I will start with the most obvious point. I have read the Library briefing, which refers to the Government’s own memorandum to the Delegated Powers and Regulatory Reform Committee on light-touch contracts, and will quote a couple of things that I think are relevant to all the amendments in this group, including lead Amendment 30 from the noble Baroness, Lady Noakes:

“The light touch regime is a facet of the existing rules … and has fewer rules regulating how a procurement is conducted for these contracts. This is reflected in the bill by a series of exceptions of obligations under the procurement regime for the relevant contracts.”


I will be frank: what does that actually mean? Which rules are not applied? There was one set of rules before, under the light-touch regime, which at one point the Government were not going to include in the Bill. That then moved to light-touch contracts, but we are told by the Government that there are fewer rules.

It would be helpful to know what the difference is. What are the fewer rules which the Government have explained to the Delegated Powers and Regulatory Reform Committee? The noble Lord, Lord Wallace, made the point that what we are all struggling with is that Clause 8(1) says what “light touch contract” means and then that it will all be done by regulation. In fact, it is a bit like knitting fog to try to understand exactly where we are coming to and what we are doing.

The Government also said in their memorandum to the Delegated Powers and Regulatory Reform Committee, which, again, is relevant to all these amendments:

“Whilst the scope of what is to be included in the power is known, it is not practicable for the bill to include a long list of detailed CPV codes to indicate which categories of contracts may benefit from the light touch regime. In addition, both CPC and CPV codes may evolve over time, which would … require amendment to the bill. The power will be used to ensure that the scope of what is included with the light touch regime does not extend beyond what is permitted for the UK by reference to the GPA and/or other international trade agreements.”


Again, we are trying to understand what that really means for the light-touch regime which the Government are seeking to bring in as a result of Clause 8 and associated regulations. Some clarity on that would help to answer the questions from the noble Baroness, Lady Noakes, about why it is not more narrowly defined and why it is defined in the way it is. That would help us to understand the Government’s thinking behind much of the clause.

The amendment from the noble Baroness, Lady Noakes, gets to the heart of what we are discussing: how the Government have arrived at their position. However, in particular, Amendment 34 from the noble Lord, Lord Wallace, and the noble Baroness, Lady Bennett, raises a very important point about ensuring that light-touch contracts will involve various other services and bodies and that they are properly considered for such contracts.

Time and again, at the heart of previous groups, this group, and no doubt groups of amendments to come is a general debate on what a Procurement Bill should or should not include and how far the Government should or should not interfere with the operation of the market. What the noble Baroness, Lady Noakes, is trying to get at, and what I believe is really important, is some of the ways in which this clause has been put together, so that we understand what exactly a light-touch contract is and the difference between the light-touch regime and the light-touch contracts in this Bill, and the Government’s thinking on what regulations may come forward in due course so that, as a Committee, we can consider whether they have got the balance right and whether this makes sense. The noble Lord, Lord Wallace, made the point that this clause is wishy-washy—one bit says this and another says that—and the Government’s get-out clause all the time is that it will be sorted out by regulation. This really is not the way forward for primary legislation.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Bennett of Manor Castle and Lord Coaker

Lords Hansard - Part 2 & Lords Hansard - part two & Report stage
Wednesday 15th December 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I signed and spoke to related amendments in Committee. I also take a perhaps rare opportunity to congratulate the Minister on a comprehensive and fair Amendment 84 that really addresses the concerns of workers who are particularly low paid and insufficiently respected.

Like the noble Lord, Lord Kennedy, I note that this demonstrates a hashtag I use often: #campaigningworks. USDAW has done so much work on this over so many years, as has the Institute of Customer Service and its Service with Respect campaign.

I want to ask the Minister two detailed questions. Does this also apply to people providing services over the phone or remotely? I am thinking particularly of Section 16 and threats to kill. It would appear that would also potentially be covered under this. If the Minister wants to write to me later that is fine. I also want to confirm—I think I know the answer but it is worth confirming for the record—that this is an offence committed against a person providing a public service. Will volunteers also be covered under these provisions? Many volunteers provide all kinds of public services and I think that is an important issue.

[Lord Coaker (Lab)]

My Lords, it is a great privilege to speak in this debate. I declare an interest as a member of USDAW and the Co-operative Party—I wanted to make sure that I did not forget to do that.

I know that it is quite late in the evening, but it is worth us spending a few minutes on something that impacts on millions of people across this country, in every single area of this country, from the smallest and most impoverished communities to the wealthiest. This directly impacts on all of them.

The Minister is quite right in saying that her amendment supersedes mine, and I welcome government Amendment 84. The noble Baroness, Lady Neville-Rolfe, will speak to her amendment, and we have heard from the noble Lord, Lord Dholakia. On my amendment, I thank my noble friend Lord Kennedy for pointing out that it is the first time in my life that my comrade has praised the Conservatives for tabling a better amendment than me. On this occasion, he is absolutely right; it is a far superior amendment to the one that I tabled. It is a great tribute to the Minister, who has listened.

We often say that Ministers should listen and need to take account of something. This Minister has actually acted on that and changed the legislation—she has talked to her civil servants. I say this as an example to other Ministers in both Houses: sometimes a Minister has to stand up and say, “This is what the public, the House and the Chamber demands, and this is what common sense says—so change the law and do what people think is right”. Millions of people across the country will see this as something that has taken years of campaigning by people such as the noble Baroness, Lady Neville-Rolfe, my noble friend Lord Kennedy and others. People on all sides have demanded this change.

One thing that we need to emphasise in the amendment that the noble Baroness has put before us is really important. Rightly, much of the emphasis has been on retail workers, and I want to emphasise some of the facts. We have emphasised the fact that the trade union and large retailers of all sorts have come together. But this amendment talks about assaults on those providing a public service; that is a huge expansion of the categories of worker that can be taken into account by those in court, using the aggravating factors before us. That is something that we should reflect on as a Chamber; it is a key change and a massive extension of the number of those workers who will be protected from abuse.

As we sit here in this Chamber at 9.23 pm, there will be people in the remotest part of Cornwall in a village shop, someone collecting tickets on a railway station in a different part of the country—a rural part of Northumberland, for example. There may be somebody on Walworth Road or in Manchester, who will at this time be facing the sort of abuse that we all deplore. We can say to those people that not only have we deplored and understand how horrific it is, we also recognise the responsibility that we have with the other place in legislating to do something about it.

The Minister was right to say that this sends a signal. Of course it does, and that is really important—but it also gives the magistrates and courts the power to say to people who think that they can act with impunity, whether it is in a village shop or a railway station or on a bus, “We are going to use that as an aggravating factor and you are going to receive a stiffer punishment than you otherwise would have done.” That should give people pause.

The noble Lord, Lord Dholakia, was quite right in some of the points he made. However, the important thing for us now—the Minister will know this, and I think the noble Baronesses, Lady Neville-Rolfe and Lady Bennett mentioned it—is how we ensure that we make this legislation work. How do we give the confidence to somebody, who is often on their own and sometimes not in the first flush of youth, to come forward and report that crime to the police so that those people get taken to court? Often those people will be their own witness. They have to go to the police to report that crime and say, “I’ll go to court” or whatever the process will be. As we move forward with this incredibly welcome piece of legislation, we need to understand how we build that confidence among people. That was one of the things that members of various trade unions as well as USDAW have raised with me. It is about building people’s confidence so that they come forward, are their own witness and report the crime. We must get to a point when the new powers that courts have can be used, because we understand the intimidation.

The Government could do with some good publicity at the moment. I would be ringing this out across the country, not to benefit a Conservative Government but to show that the Government of our country, responding to people across the Chamber, have turned around and said, “We are changing the law and we want people to be aware of the law.” Not only do we want those who act in a criminal way to understand that there is now a punishment that courts can use to deal with them, but, as I say, we want to give confidence to people to come forward.

Many other things could be said but it is important for all of us who have come together as we have to congratulate the noble Baroness, Lady Williams, and to say a big thank you to her again for the changes she and her colleagues have made and the way in which she put that meeting together. This is a strengthening of the law which reflects the seriousness with which the state views these assaults. We will not tolerate it, and the law is saying to people across this country, “We’re going to act, because these people deserve better protection than they’ve had so far.”

Armed Forces Bill

Debate between Baroness Bennett of Manor Castle and Lord Coaker

Report stage
Tuesday 23rd November 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I will speak very briefly. I was not able to take part in the debate on these amendments in Committee because I was at the COP 26 climate talks, but at Second Reading I very much majored on the issue of the recruitment of 16 and 17 year-olds into the Army in particular. I would have attached my name to the amendments in this group had there been space. I am following two extremely powerful and important speeches, which I really hope the Government are going to listen to, approached in a very constructive, positive spirit.

I want to make one point. The noble Lord, Lord Russell of Liverpool, outlined for us how the judicial review found that this was unequal treatment, but that the Army was not covered by the Equality Act. The fact that there is a legal exemption does not mean it needs to be used. The Army could choose to say that it will accept, at least in this manner, to follow the Equality Act. That would be a step towards justice for young people, many of whom come from extremely disadvantaged backgrounds and are trying to find their best way forward in life. We need to give them that opportunity.

[Lord Coaker (Lab)]

I will make a very brief comment based on what the noble Lord, Lord Russell of Liverpool, and my noble friend Lord Browne have just said. There was some debate in Committee about raising the age of recruitment, and there was disagreement about that. It is incumbent upon the Government to take very seriously the points that the noble Lord, Lord Russell, and my noble friend Lord Browne have made, about the allegations and reports there have been, whatever the rights and wrongs of that. Also important is the point raised in the amendment about the length of service and what is taken into account.

For those of us who, like me, do not support raising the age of recruitment, it is particularly incumbent upon us to ensure that reports and allegations of the sort we have heard from the noble Lord, Lord Russell, and my noble friend Lord Browne, alongside some of the other concerns raised, are taken very seriously by the Government. They should address them as quickly and urgently as possible and report the results of their deliberations into the public domain.