Victims and Prisoners Bill

Debate between Baroness Butler-Sloss and Baroness Meacher

Report stage
Tuesday 30th April 2024 Lords Chamber

[Baroness Butler-Sloss (CB)]

Perhaps I may add something about High Court judges, having been one myself. It may not be necessary to have a sitting High Court judge, because there are a number of recently retired High Court judges who would be entirely suitable. However, it needs to be a High Court judge who has tried medical cases. I add the fact that many family judges try medical cases quite as much as civil judges. Let us not necessarily be tied to an existing High Court judge.

[Baroness Meacher (CB)]

My Lords, this is my amendment, so I think my job is to bring this—

Illegal Migration Bill

Debate between Baroness Butler-Sloss and Baroness Meacher

Committee stage
Monday 5th June 2023 Lords Chamber

[Baroness Meacher (CB)]

My Lords, I shall speak also to Amendment 15. Even without an impact assessment, we know that Clause 2 and subsequent clauses will ensure that anyone coming to this country not through one of the incredibly limited safe routes faces likely detention and removal. Irrespective of the persecution, torture or whatever they have been through in the past, this is what they will face coming to this country under the Bill.

We formulated these two amendments originally in relation to unaccompanied children, but it seemed wrong on reflection that these protections should be limited in that way. Therefore, Amendment 14 now aims to ensure that the Secretary of State will not have the duty to arrange for the removal at the age of 18 of any person who arrived in the UK as a child. Amendment 15 would ensure that if, under Clause 3(2), the Secretary of State made arrangements for the removal of a person from the UK and the person came to the UK as a child, then such removal could take place only if it was in the best interests of the child. Amendment 17 would achieve the same protection for unaccompanied children, and I very much support it.

These amendments and others are vital in addressing the profound concerns of the Refugee and Migrant Children’s Consortium. It points out that the Bill, and in particular Clause 3, are an affront to the refugee convention, the UN Convention on the Rights of the Child and the Children Act 1989. If unamended, the measures in the Bill will have severe consequences for the welfare and physical and mental health of extremely vulnerable children who have fled conflict, persecution and other unimaginable harms. We do not have an impact assessment, the detail or the numbers, but the Bill will affect every child arriving in the UK who has not come by one of the very limited safe routes. These apply to Ukraine and Hong Kong—to put things simply. If one comes from Afghanistan, Sudan or one of those other very high-risk places, there are simply no safe routes for one to take.

As the Bill stands, trafficked children will be locked out of refugee protection. Instead, they will be detained by the Home Office outside the care system in entirely unsuitable, unacceptable accommodation without proper medical or mental health care, and removed at the age of 18. Those children will include a substantial number who are brought here as modern slaves. They have not chosen to come here. They have not come here voluntarily but have been brought against their will. I beg to move.

[Baroness Butler-Sloss (CB)]

My Lords, I have two amendments down, and I very much support Amendments 14, 18 and 27 in particular. “The best interests of the child” has become well known across the United Kingdom. It probably started in the United Nations’ rights of the child. It is to be found, as the noble Baroness, Lady Meacher, said, in the Children Act 1989, and all lawyers who deal with children work with it. It has become a guiding light, even for Governments of all sorts. It really is quite extraordinary that the current Government have gone almost exactly opposite to the rights of the child and, more important than the rights, the best interests of the child.

I have to say that over all the years that I have seen the Conservative Party, with all my family before me as Conservatives, and one a Minister, I cannot believe I have ever seen a situation where children were as disregarded and downgraded as this Government have done in this Bill. I cannot believe it represents what I might call the basic philosophy of a great party that has been in power, this time, since 2010. I am truly sad about it.

I have put down Amendment 16A, which is a probing amendment, as I need to know what the impact of the law is. I believe this came, though not to me, from the Children’s Commissioner for England. The scenario that she had in mind was a mother who was pregnant, who came to this country, the child was born and the mother died. The child was placed in care as a baby—I would be surprised if the Government kept a baby and did not put it to the local authority; at least I would hope so—and the local authority, because there was no family, placed the child for adoption with a British family or a family resident in this country. What happens to that child under this Bill at the age of 18? As far as I understand it, a child adopted by a British family would not automatically have British citizenship or may not have it—I am no expert on immigration—at the age of 18. Is that child, by now a member of a new family in this country, to be removed at 18? That is a legal question to which I do not know the answer, and it is crucial that that answer is given to us before we get to Report.

It is not only the children who are probably adopted at birth. I rather hope the Government are not going to keep young children, because there will be other parents who die and leave a child without a parent in this country, particularly younger children. Are younger children, not 16 or 17 year-olds, going to be kept by the Government in some sort of accommodation? Surely those children would be put into the care of a local authority under the requirements of the Children Act 1989. I would be astonished if they were not taken. If they go into care and they are young, they are very likely to be placed in a foster family. If they are placed in a foster family as a young child, they will grow up going to an English school, like the baby, and living an English life.

Public Order Bill

Debate between Baroness Butler-Sloss and Baroness Meacher

Consideration of Commons amendments
Tuesday 28th March 2023 Lords Chamber

[Baroness Meacher (CB)]

My Lords, I did not plan to speak and do not have notes to speak from, and I will speak briefly, but I want to express my strongest possible support for the amendment in the name of the noble Lord, Lord Coaker. I regret that the noble Lord, Lord Hogan-Howe, who I respect a lot, has nitpicked through the amendment. The principle of the amendment is that stop and search without suspicion is a completely exceptional step to be taken in a democracy. If we were standing here in Moscow, or Beijing, we might well expect this sort of power to be given to the police in relation to public demonstrations. It is not for this country to be introducing these powers for the police, and I am so shocked, frankly, that our Government are attempting to do that.

The amendment is incredibly modest. It is saying that police officers do not take these powers and use them thoughtlessly without proper care, attention and, ideally, consultation with the community. This is an incredibly serious step for any police officer to take. That is the point of this amendment. Yes, we can say it should say this or that or something else. That is not the point. The point is that this power is outrageous; the police already have the powers they need to deal with demonstrations—they really do. Those police officers need the commitment of the community and to work with the community. This power will interfere with policing and reduce the safety of our communities up and down the country.

I hope that the House will support the amendment in the name of the noble Lord, Lord Coaker, as a clear statement that we know this power to be the dangerous step that it is and that police officers need to take the most extreme care in using it.

[Baroness Butler-Sloss (CB)]

My Lords, I say briefly that I am concerned about the use of these powers and I support the amendment in the name of the noble Lord, Lord Coaker.

Nationality and Borders Bill

Debate between Baroness Butler-Sloss and Baroness Meacher

Report stage
Tuesday 8th March 2022 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I declare my interests, which include being a vice-chairman of the Human Trafficking Foundation.

I would like first to thank the Minister, the noble Lord, Lord Wolfson, for including me in the letter to the noble Lord, Lord Randall. Very unfortunately, the noble Lord, Lord Randall, has just tested positive for Covid, as a result of which I shall move Amendment 68A at the appropriate point on his behalf, as my name is down.

I would like to start by asking two questions of the Government. First, why do the Government, as they have for years and years, always see victims of modern slavery through the lens of immigration? It is extremely sad. In the years I have been in this House, I have fought against this, as many other noble Lords have, with absolutely no success. It remains not only in the Home Office but absolutely wedded to issues of immigration. No more stark an example of that could be seen than Part 5 of this Bill.

Secondly, why not listen to the whole modern slavery sector, opposed to the whole of Part 5, including, as we have already heard, the Salvation Army, the anti-slavery commissioner, the United Nations rapporteur and, perhaps most interestingly, Caroline Haughey QC, who has been advising the Government for many years on issues of modern slavery? The Government seem unable or unwilling to listen to a sector that knows what it is talking about. It really is extremely sad. The sector has been telling the Government this from the moment that the Bill came on the stocks.

I am also very concerned about the impact of Clauses 58 and 62, particularly in relation to the statutory guidance issued on modern slavery last month—in Committee, I read passages, which of course I will not do on Report. Throughout that statutory guidance, it is clear that those who will be dealing with potential victims of modern slavery will have to bear in mind the trauma of what they have gone through. Very careful advice is given, and particularly helpful parts are at pages 102 and 106, under Annex D, that set out the difficulties that victims of trauma have in giving appropriate and truthful answers at the very beginning. Then, for goodness’ sake, one looks at Clauses 58 and 62 and sees that, if information is not given quickly, you are seen as someone who is not reliable and likely not to be a genuine victim. It is utterly contrary to the Home Office’s own statutory guidance.

I find this absolutely astonishing, because, as all of us who have any interest in or knowledge of this area will know, it is very difficult for victims of trauma, in whatever situation, including modern slavery and human trafficking, to come clean about what really happened to them at an early stage. My goodness, Members of your Lordships’ House have now heard about this over a number of years on various Acts of Parliament. This part of Part 5 will do irreparable damage to those sort of people, who are the majority.

I turn now to children. I vividly remember talking to a Minister in this Chamber—it was probably the noble Baroness, Lady Williams—when I suggested that it was wrong for children to go through the NRM. The Minister agreed that children should not go through the NRM. Part III of the Children Act 1989 places an obligation on local authorities to take children into voluntary care when they come to their area and need help. Most children generally go through this process. The local authorities look after these children and the Modern Slavery Act has provided what we now informally call “guardians”. That is the right process.

Amendment 70ZA should not be necessary. The noble Lord, Lord Coaker, quite rightly tabled it because the Government refuse to exclude children from Clauses 58 and 62, but they should not be in Part 5 at all because children, from whichever country, should be dealt with through the care service. I find it very sad that the Minister did not say in Committee, or indeed in the letter to the noble Lord, Lord Randall, which I have been able to read, that these children will not go through the NRM. He assumes that they will and they will have to be dealt with like adults. Other noble Lords have spoken about that, so I will not repeat it.

Amendment 68A is intended to do what Clause 62 requires but without being as vicious. It would ameliorate the clause and it certainly deserves to be supported, but I also support the other amendments in the group.

[Baroness Meacher (CB)]

My Lords, I have written a short speech but I will not deliver it in view of the time pressure. I have put my name to Amendments 65 and 66. I feel very strongly that Clauses 57 and 58 show a complete lack of any understanding about the impact of trauma. Three members of my family went through a terrible trauma 10 years ago. It is only now, 10 years later, in the safe context of trauma therapy, that each of them has been able to talk at length about what they went through. The idea that traumatised people—children or adults—are expected to talk to a complete stranger early on in the process about what they have been through is terrifying. They will not be able to do it. I ask the Minister to please listen in particular to the noble and learned Baroness, Lady Butler-Sloss, who really understands these things—I understand it on a personal level—the noble Lord, Lord Coaker, and others, and remove the whole of Part 5. I support all the amendments in the group. Noble Lords will be glad to know that I will certainly not talk to them, but I leave that request pleading, if you like, with the Minister.