Baroness Williams of Trafford
Main Page: Baroness Williams of Trafford (Conservative - Life peer)Department Debates - View all Baroness Williams of Trafford's debates with the Ministry of Justice
(3 years, 7 months ago)
Lords ChamberThat this House do not insist on its Amendments 1, 2 and 3, to which the Commons have disagreed for their Reasons 1A, 2A and 3A.
My Lords, the House will recall that these amendments sought to bring all carers within the definition of domestic abuse that applies for the purposes of the Bill. This would include carers who are unpaid, such as neighbours and friends, as well as paid-for carers and people in a position of trust who care for disabled people. The noble Baronesses, Lady Campbell of Surbiton and Lady Grey-Thompson, and others were right to bring the issue of carer abuse to the attention of the House, and I was most grateful to have a discussion with both of them this morning. I just hope that, this afternoon, the tech of the noble Baroness, Lady Campbell, works so that we all have the benefit of her quite considerable expertise.
I fully accept that disabled people who are abused by a paid or volunteer carer are just as in need of effective protection and support as someone who is abused by an intimate partner or family member. We remain firmly of the view that the focus of the Bill should continue to be on domestic abuse as the term is internationally recognised in the Istanbul convention and elsewhere. The elected House has agreed that we need to maintain this focus and disagreed with Amendment 1 by a substantial majority of 139.
None the less, the Government have reflected carefully on the earlier debates in this House, and we want to ensure that the justice system and social care sector deal with carer abuse effectively, while preserving the definition of domestic abuse in the Bill as originally introduced. The Government are therefore committing to a review of the protections and support available to victims of carer abuse. The review will access existing criminal laws, safeguarding legislation, regulation by the Care Quality Commission, the protections available for non-regulated care and the support available for victims of carer abuse, including local authority and voluntary sector support. We would aim to complete the review within 12 months.
Of course, there will be an opportunity—we discussed this this morning—for organisations representing disabled people and others to engage in the review, and naturally we will want to discuss the details of the review with the noble Baroness, Lady Campbell. I will confirm something that I said this morning: we will not just do a series of round tables. I agree with her that data is absolutely key to underpinning some of the work that might need to go forward. The review’s intention is to address the concerns raised regarding the adequacy or otherwise of the current protections and the support for victims of carer abuse. I hope that, with the discussion that we had this morning and the undertakings this afternoon, the noble Baroness and indeed the House will be content to support the Motion and not insist on the amendments.
My Lords, I will speak to Lords Amendments 1, 2 and 3 and Motion A, moved by the Minister. As I have stated, I will not oppose the Motion.
First, I thank the Minister for our helpful meeting today; despite the technological challenges, we had a very good exchange. At that meeting, I explained why I have decided not to pursue further attempts to incorporate carer abuse of disabled people in the Bill. Although I think we all agree that the abuse of disabled people frequently takes place within a domestic setting, it has become clear that the Bill is confined to abuse by an intimate partner or family member. There is no appetite to widen its scope at this stage.
In addition, this long-awaited Bill, with its multi- functional role, will demand a great deal of resources to change the domestic abuse culture. I would not wish to hold up the task of addressing the horrendous domestic abuse experienced by thousands of adults and children every day—no way.
I am currently confident—especially after our conversation this morning—that the Government have taken on board the deep concerns expressed across this House at the exclusion of disabled people from the Bill. I believe that they are committed to finding alternative means to address carer abuse, as the current protections are clearly inadequate.
I was therefore very pleased that, in the consideration of Lords Amendments in another place, the Minister, Victoria Atkins, announced in response to my amendments that
“the Government abhor all abuse, and we have every sympathy for the spirit of these amendments”
in the name of the noble Baroness, Lady Campbell.
“Abuse of disabled people by their carers must be called out and acted upon ... we have listened carefully to the experiences and concerns raised in this House and the other place ... That is why the Government intend to carry out a review of the protections for people at risk of carer abuse. We will engage with ... the disabled sector on the scope of the review, but it would broadly seek to examine the protections offered against carer abuse and the support available to victims. We have listened and we will act.”—[Official Report, Commons, 15/4/21; col. 519.]
I should be grateful if all sides of the House would strongly support and engage with this review. I hope it will not keep anything off the table, including further legislative protections if necessary. I hope that the review will commence as soon as possible. Of course, I shall be chasing it and look forward to working with the Government and especially with disabled people’s organisations.
Carer abuse—as evidenced throughout the pandemic and during earlier debates and pre-legislative scrutiny—must not continue unchecked. Disabled people deserve to have equivalent protection—no less.
My Lords, I am disappointed that these amendments will not remain in the Bill, despite the tremendous work initiated by the noble Baroness, Lady Campbell. She has worked tirelessly to bring these issues to the forefront during the debate on this landmark Bill. In mitigation, however, I welcome the Government’s commitment to conduct a review.
Trusting someone enough to let them provide either personal care, or support with day-to-day tasks or communication, is in itself an emotionally intimate act which creates a close bond but also the risk of abuse. It is not infrequent for abusers to target the disabled person and befriend them. They persuade the disabled person that this is done for altruistic motives while, at the same time, they exploit and abuse them. The victim will experience the same ambiguity about power and control versus emotional attachment as any other victim of domestic abuse.
I should stress that we will expect everything that is usually asked for in such a review. The Government must get on with it. They must ensure they are led by experts in the field—including engaging with services such as Stay Safe East which work with victims on the front line. The authentic voices of disabled victims must be heard. It is vital that carer abuse is recognised and tackled, and that no victim of abuse is left without support. We therefore support the Motion and the review.
My Lords, first I thank the noble Baroness, Lady Campbell, for her words. This morning, I stressed that I was concerned about all the abuse taking place behind closed doors throughout the pandemic. Carer abuse is not exempt from that. The noble Baroness, Lady Burt, asked, “what else is it, if not domestic abuse”? It is abuse which happens and about which we have been very concerned during the last 12 months. With the lifting of restrictions, this is a timely opportunity to look into carer abuse.
Noble Lords have asked about timings. These will be announced shortly. As we undertake the review, we intend to engage with the disability sector about its scope. If it is to be meaningful, we must listen to those who have lived experiences. The noble Baroness, Lady Wilcox, asked if we shall talk to experts such as Stay Safe East. Yes, we will. The review will be open, with no preconceived outcomes. The Government will await its findings before deciding next steps. I assure the noble Baroness, Lady Campbell, and other noble Lords that we will keep all options under review.
That this House do not insist on its Amendments 41 and 43, to which the Commons have disagreed for their Reasons 41A and 43A
My Lords, noble Lords will recall that Amendment 41 sought to provide at least six months of leave to remain and access to public funds to all migrant victims of domestic abuse and provide them with a route to apply for settlement. In so doing, this amendment effectively sought to expand the existing destitution domestic violence concession so that it made provision for all migrant victims of domestic abuse, irrespective of the wide range of circumstances represented in this group. The underlying objective of Amendment 43 was similar in kind to Amendment 41; that is, to secure equally effective protection and support for all victims of domestic abuse, irrespective of their status, as provided for in the Istanbul convention. The Commons disagreed with these amendments on the basis that they gave rise to a charge on public funds.
Given the Commons’ reason, I welcome the fact that the right reverend Prelate the Bishop of Gloucester and my noble friend Lady Helic have come forward with substantially different amendments. I will take the new Amendments 41B and 43B in turn. Amendment 41B, in essence, seeks to lift the no recourse to public funds condition for migrant victims of domestic abuse until the conclusion of the support for migrant victims scheme. The amendment also provides that within two months of the scheme’s conclusion the Secretary of State must consult the domestic abuse commissioner and specialist sector and publish a strategy for the long-term provision for victims who do not have leave or have leave subject to the no recourse to public funds condition.
I am grateful to the right reverend Prelate for her careful consideration of debate thus far and acknowledge the effort she has made to separate out the immediate needs of victims from their immigration status in the revised amendment. However, the Government still do not think that this amendment would provide an appropriate way forward. The notion of an automatic waiver of the no recourse to public funds condition raises some concerns. Furthermore, I highlight to noble Lords that, like its predecessor, this revised amendment will inevitably also involve a significant charge on public funds.
Our concerns about Amendment 41B are practical and principled. Perhaps I may deal with the practical difficulties first. The support for migrant victims scheme will commence imminently—by which point, under the terms of this amendment, a process by which to lift the no recourse to public funds condition for migrant victims of domestic abuse would need to be operating. This would carry with it both considerable cost and logistical difficulty. It is not a change that could be delivered in time for the start of the scheme. Even assuming such practical difficulties could be overcome, we have, as I have said, more fundamental concerns about implications of this amendment.
Broadly speaking, successive Governments have taken the view that access to publicly-funded benefits and services should normally reflect the strength of a migrant’s connections to the UK. We think that such access should become available to migrants only when they have settled here. These restrictions are an important plank of immigration policy, operated, as I have said, by successive Governments, and they are applicable to all migrants until they qualify for indefinite leave to remain. The policy is designed to assure the public that controlled immigration brings real benefits to the UK but does not lead to excessive demands on the UK’s finite resources, and that public funds are protected for permanent residents of the UK. Automatically waiving the no recourse to public funds conditions for all migrant victims of domestic abuse, irrespective of their diverse financial circumstances and needs, would not seem to be an appropriate course of action.
What is more, to provide access to public funds one must also necessarily confer leave. The two cannot be disaggregated in the manner suggested by the amendment. It is for this reason that we have launched the support for migrant victims scheme, which can provide support for migrant victims of domestic abuse with no recourse to public funds. We think the support that will be available through the scheme will, in practice, ensure that the majority of migrant victims without recourse to public funds will receive the support they need directly from the support organisation, without the need to access those funds.
As I have pointed out during earlier debates on the Bill, we still need more information and evidence to inform longer-term policy decisions and to ensure that funding is appropriately targeted to meet the needs of migrant victims. I am therefore very happy to inform the House that we have now awarded the funding for the £1.5 million support for migrant victims scheme to Southall Black Sisters. We will work together with Southall Black Sisters and an independent external evaluator to ensure that this scheme provides protection and support for migrant victims of domestic abuse with no recourse to public funds, as well as supplying the evidence that we need to inform subsequent policy.
The scheme is designed to provide support to those individuals who fall through the gaps of other support mechanisms, such as the destitution domestic violence concession. It provides a safety net of support through provision of accommodation in a refuge or other relevant safe accommodation. Also, the scheme can offer wraparound provision, including emotional support and more practical support such as immigration advice to aid victims in their recovery and in navigating the options available to them to move on from that support. In that sense, it already goes further than the rather blunt mechanism of simply granting access to public funds; the support that it provides can be tailored to the needs of individual victims.
Amendment 43B was put forward by my noble friend Lady Helic. I assure her that the Government remain committed to ratifying the Istanbul convention as soon as practicable, and the swift enactment of this Bill will be a significant milestone in enabling that to happen. I welcome how her revised amendment now focuses on the provision of accommodation-based support under Part 4, but I contend that it is not needed because the duty on tier 1 local authorities operates in respect of all victims of domestic abuse and their children in need of accommodation-based support in their area. We will make clear through the statutory guidance under Part 4 that local authorities and local partnership boards will be required to take steps to understand the additional barriers that may prevent victims with protected characteristics accessing support in safe accommodation services. Local strategies will also need to set out clearly how tier 1 authorities, working with and through the board, will address the barriers identified.
The right reverend Prelate the Bishop of Gloucester, my noble friend Lady Helic and the noble Baroness, Lady Hamwee, are to be commended for championing the cause of migrant victims. We all broadly want to achieve the same outcome, albeit that we have different views on how best to achieve it. I hope that in the light of the votes in the elected House and the reasons that it has given for disagreeing with these amendments they and all noble Lords will be content to agree Motion F. As I have indicated, the support for migrant victims scheme will soon be up and running. I am sure that the right reverend Prelate and others will be as keen as me to see the outcome of the scheme and will, quite properly, continue to press the Government to act on its conclusions. I beg to move.
Motion F1 (as an amendment to Motion F)
My Lords, I thank all noble Lords for taking part in this debate. I start by quoting the noble Lord, Lord Paddick, who said that this should be a “magnificent” Bill of which we can be rightly proud. Some of the work that noble Lords have done is turning the Bill into a magnificent Bill of which we can be rightly proud, and the Government have gone some way in meeting the concerns of your Lordships’ House. A significant number of amendments from the Government and from noble Lords have been accepted. The Bill is well on its way to being a magnificent Bill and this has been a good debate.
We all agree that all victims of domestic abuse should be treated first and foremost as victims and have access to the support that they need. I welcome the fact that the right reverend Prelate’s revised amendment now seeks to draw a distinction between the issue of leave to remain and the provision of support. As I said, her Amendment 41B does not quite achieve that, in that the no recourse to public funds condition is intrinsically bound up with a person’s immigration status. In any event, we continue to believe that the Support for Migrant Victims scheme, together with other existing arrangements such as the destitute domestic violence concession, are the right mechanisms to ensure that victims of domestic abuse who are subject to immigration control get the support they need.
On costs, the revised amendment lifts the no recourse to public funds conditions for the duration of the scheme—that is, for 12 months. Even under the DDVC, leave is granted for three months, so waiving the NRPF condition for a year incurs significant new costs. My noble friend Lady Helic and the noble Lord, Lord Rosser, talked about progress towards ratifying the Istanbul convention. We are already under a statutory duty to report annually on that progress towards ratification and the next report is due in October.
In conclusion, I welcome this constructive debate and the efforts of the right reverend Prelate and my noble friend to find alternative legislative solutions. However, Amendment 43B will still result in a significant call on public funds and I suspect will invite the same response from the Commons as Amendment 43. In the context of Part 4 of the Bill, my noble friend’s Amendment 43B is unnecessary, as the duty in Part 4 will operate in respect of all victims of domestic abuse and their children. As I have indicated, we remain firmly of the view that the Support for Migrant Victims scheme is the way forward. It will provide access to safe accommodation for migrant victims who need it and the evidence that we need to take decisions for the long term about how best to support this group of victims. On that basis I invite the House to agree to Motion F.
I thank the Minister for her words and I thank deeply all noble Lords who have spoken so passionately in this debate and really added extra substance to my arguments. I am left still feeling very frustrated. I hear the Minister talk about the support that is available, but I still feel that what is not being named is all the people for whom the support is not available while this pilot happens.
With all due respect, the Minister has not answered my questions about the inconsistency in the Bill regarding the sharing of intimate sexual images and the Government recognising that there is a case for immediate action there, despite the fact that there is an ongoing Law Commission review—so we already have that situation happening in a different part of the Bill.
I am very grateful to the noble Lord, Lord Rosser, for quoting Jess Phillips MP in the other House, who raised that really important question: what happens when the 501st victim comes forward? There will not be anything. There seems to be a lot of fear going on here, and a lot of assumptions. The whole point of this amendment is that it is time limited and not risking the immigration system being exploited, because it will be subject to a review at the end of 12 months.
So I do feel frustrated. I hear what is being said, but I want to seek the opinion of the House because I believe that this amendment would improve what is already a good Bill. This would make it really good. I beg leave to seek the opinion of the House.
That this House do not insist on its Amendment 42 and do agree with the Commons in their Amendments 42A, 42B and 42C in lieu.
My Lords, noble Lords know that Amendment 42, tabled by the noble Baroness, Lady Royall, seeks to amend the Criminal Justice Act 2003 and provide for a new category of offender to be managed under Multi Agency Public Protection Arrangements, otherwise known as MAPPA. The intention is that such offenders are recorded on ViSOR, the dangerous persons database. The new category would cover perpetrators who had either been convicted on two or more occasions of a relevant domestic abuse-related or stalking offence or who had been convicted of a single such offence and had been assessed as presenting a risk of serious harm. Those features are retained in exactly the same form in Amendment 42D.
The noble Baroness’s original amendment would also place a duty on the Government to issue a report on these changes 12 months after Royal Assent. The amendment specifies that the report would need to include a comprehensive prevention and perpetrator strategy for domestic abusers and stalkers. The noble Baroness’s new Amendment 42D modifies this aspect of her original amendment by incorporating the provisions of government Amendment 42A but with the key difference that Amendment 42D would provide for a strategy to tackle domestic abuse and stalking perpetrators.
Following the decision by this House to agree Amendment 42, we have once again reviewed the arguments put forward by the noble Baroness and others in favour of her amendment. I will now outline our thinking and detail the conclusion that we have reached.
It was impossible not to be moved by the many personal accounts that were shared during the course of debates in Committee and on Report. However, I think there has been some misunderstanding of what the amendment would actually achieve, and that is worthy of clarification. An example of this concerns the report that has been circulated, which many noble Lords have raised, that outlines 30 harrowing and extremely distressing cases of women and children who have been murdered or seriously injured by violent perpetrators. Based on the information provided in the report, in many of these examples the perpetrator would already have been eligible for management under the current MAPPA provisions or the proposed amendment would not have made a difference because the perpetrator had not been previously convicted.
What is clear from those examples is that the systems were not always working as they should and victims were let down. Those cases illustrate the need for a changed agency response to perpetrators so that they are brought to justice earlier and agencies work together to reduce the risk that perpetrators will commit future offences that might lead to death or serious injuries of women and children. That is why we have continued to argue that simply providing for a separate MAPPA category covering serial domestic abuse or stalking offenders, as Amendment 42D seeks to do, would not strengthen the way in which MAPPA operates or indeed address the underlying issues.
My Lords, rather than going over the arguments about why we do not agree with the amendment, perhaps I might stress that we all seek the same ends. Like the noble Lord, Lord Kennedy, I am at risk of repeating myself.
My noble friend asked, quite logically, why putting offenders on a register was problematic. It is not problematic. So many noble Lords made the point about improving things in practice. The noble Lord, Lord Russell of Liverpool, would ask, I am sure—although I do not want to think for him—what we will do now to make things any different from how they were before, and that is a totally reasonable question, particularly in National Stalking Awareness Week. The noble Lord, Lord Kennedy, is right to say that some of the stories we have heard have been absolutely horrific. Noble Lords may recall that I wrote to the noble Baroness, Lady Royall, pointing out that these stories were horrendous. Would they have fared any differently with this additional category? I contended that they would not, but said that I felt we could all agree that the current arrangements had to be improved.
I will address what I think the noble Lord, Lord Russell, would ask, which is, “What are we going to do that will make a difference?” The answer is: several things. We will revisit and refresh the statutory guidance to include sections on domestic abuse. It will ensure that all agencies involved take steps to identify domestic abuse perpetrators whose risk requires active multiagency management, and to put in place a plan of action which reflects the risk, no matter what the category. We are legislating in the Police, Crime, Sentencing and Courts Bill to clarify the information-sharing powers under MAPPA.
Noble Lords who know me know that I am very supportive of multiagency information sharing, and that Bill puts beyond doubt that the information-sharing powers of those agencies are subject to the duty to co-operate under MAPPA. That is absolutely crucial. It will also explicitly clarify these information-sharing powers for those agencies or individuals who can contribute to the assessment and management of risk: for example, GPs. It will give greater confidence to these agencies when sharing information and will support more effective risk management. So, to answer the noble Baroness, Lady Royall, in terms of the statutory duty to co-operate with the aims of the DA strategy, the Bill makes provision for statutory guidance that bodies exercising public functions must have regard to offenders convicted of a stalking offence who are managed under level 2 or level 3 of MAPPA having to be on ViSOR. The guidance is not voluntary. That is a very important practical step.
HM Prison and Probation Service will issue a policy framework setting out clear expectations for the management of all cases at MAPPA level 1 by the National Probation Service, including domestic abuse perpetrators. This will further help improve the quality of information sharing, the consistency and regularity of reviews and the identification of cases where additional risk-management activity is required.
We will decommission ViSOR, which is now almost 20 years old, and bring in the new MAPP system, which will be piloted from next year. As I have said, we will also bring forward a new statutory domestic abuse perpetrator strategy as part of a holistic domestic abuse strategy, to be published later this year. In terms of resources, I totally concur with the noble Baroness. We are investing in new resources, with an additional £25 million committed this year, but she is absolutely right that we need ongoing certainty in funding, and I give a personal guarantee to her that both Victoria Atkins and I will be lobbying the Chancellor as we head towards the next SR period—because she is right; we absolutely need sustainable funding.
We do want to be held to account on our commitment to do more. I started trying to deal with the perennial problem of getting huge improvements in our response to domestic abuse when I was at MHCLG, and I continue to do so through this Bill. We brought forward Amendments 42A to 42C, which the Commons have agreed, and I welcome the fact that the noble Baroness has incorporated Amendment 42D into her amendment. I hope that I have outlined the tangible action that we are taking and that the House will support our Motion and reject the noble Baroness’s. However, in rejecting it we are not, ultimately, on a different page in what we are seeking to achieve.
My Lords, I am very grateful to all noble Lords who have spoken in support of my amendment. I am also extremely grateful to the Minister, who has outlined many tangible actions. We all agree that the current system is not working, and many of the actions which she outlined are indeed going to improve things. I am delighted by her announcement that ViSOR does not work and is therefore going to be replaced; that is great. As she mentioned earlier, the perpetrators of domestic abuse are going to be part of the new data system, but I do not think that she said that the perpetrators of stalking are going to be included on that register. I feel extremely passionate about that because stalking and domestic abuse are inextricably linked. There is a pattern of behaviour: one thing leads to another and, ultimately, women are murdered. I therefore think it extremely important that the perpetrators of domestic abuse and of stalking be dealt with in the same way.
The noble Baroness mentioned many things about the perpetrator strategy, and I will have to look carefully at what she said. As I understand it, there are going to be two distinct strategies, one for stalkers and the one covered by Amendment 42. There, again, I do not understand why there would be two strategies when the perpetrators of both offences need to be dealt with in the same way. If I am wrong, and there are not going to be two strategies, please tell me. But as it is, I find the solution to some of these problems quite confusing and frustrating.
I think—I know—we are all willing the same end. I do not yet agree with the means by which we are getting to that end, but I am confident we can agree in due course. There are more conversations to be had, and I would like more conversations following this evening and before we get to the next stage of this Bill, which I very much want to reach the statute book, and of course it will. Because I still have questions and there are things I wish to insist on, I am going to test the opinion of the House. But with that, I thank the Minister very much. I look forward to our conversations, and I am sure we will find a way through in the coming days.