Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) Order 2024
Lord Lucas Excerpts(7 months, 2 weeks ago)
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The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
My Lords, the order before us adds zombie-style knives and zombie-style machetes to the list of prohibited offensive weapons, by amending the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 to include them. The purpose of this draft order is to maintain public safety by restricting the supply of weapons which can be used in violent crime or to create fear in our communities. The Government keep legislation in relation to prohibited offensive weapons under review and we will act when the police raise concerns about specific weapons. For example, zombie knives were banned in England and Wales in 2016, followed by cyclone knives in 2019.
We are now concerned about the availability of certain types of machetes and large outdoors knives, which do not seem to have a practical use and instead appear designed to look menacing. The police tell us that these bladed articles, which can be purchased for as little as £10, are favoured by those who want to use them as weapons to perpetrate violent crime. While sales of these weapons are relatively low, they have a disproportionate effect because their appearance creates a fear of and glamorises violence.
We are aware that machetes and other large, bladed tools such as scythes, billhooks and large outdoor knives have traditionally been used as tools in farming, gardening, clearing land and waterways, as well as in outdoor activities such as bushcraft, hunting and camping. However, unlike more conventional knives and machetes, zombie-style knives and machetes have no legitimate purpose. In our conversations with manufacturers and retailers, they have been clear that, in their view, these articles are not designed as tools but as weapons. If these dangerous weapons remain available, there is a risk that they could be used to intimidate or cause fear. Worse, they could be used to perpetrate serious acts of violence. The Government will not tolerate such a risk.
This brings me to the details of the order before us. Under Section 141 of the Criminal Justice Act 1988, it is an offence to possess, import, manufacture, sell, hire, offer for sale or hire, expose or possess for the purposes of sale or hire, a weapon specified in an order made under that section. An offence under Section 141 of the Criminal Justice Act 1988 currently carries a maximum penalty of six months’ imprisonment, but we have introduced provisions in the Criminal Justice Bill to increase the maximum penalty to two years.
A number of descriptions of weapons have been specified under Section 141 and therefore prohibited, including butterfly knives, knuckledusters, telescopic truncheons and certain types of swords with curved blades, commonly known as samurai swords. Using the order-making powers in Section 141(2) of the Criminal Justice Act 1988, the Government wish to add zombie-style knives and zombie-style machetes to the list of offensive weapons to which Section 141 applies. These weapons are defined as a bladed article with a plain cutting edge, a sharp pointed edge, and a blade over eight inches in length. This length was chosen to exclude knives designed for legitimate purposes, such as many kitchen and outdoors knives. To be within the scope of the ban, the article should also have one or more of the features specified in Article 1(1)(a), namely, a serrated cutting edge, more than one hole in the blade, spikes, or more than two sharp points in the blade.
It is right that we take the firmest possible action to prevent violence and to stop dangerous weapons getting into the wrong hands, and we are not seeking to criminalise law-abiding citizens. There will therefore be defences to cover a range of circumstances, including where the article in question is one of historical importance, is made by hand, is possessed, sold or imported for religious purposes, or was given as a gift by a Sikh to another person at a religious ceremony or ceremonial event. Antiques are already exempted from Section 141 of the Criminal Justice Act 1988. Furthermore, we are providing a defence for blunt items to protect the fantasy knives market. We have also taken the opportunity to extend this defence to curved swords.
There are a couple of further points to mention before I finish. First, Parts 3 and 4 of this instrument are concerned with the surrender and compensation scheme, through which owners with weapons in scope of the ban will be able to surrender them and claim compensation if they so wish. Secondly, in terms of territorial scope, the statutory instrument will only apply to England and Wales. We very much hope that the devolved Administrations in Northern Ireland and Scotland will take similar action to ensure that these dangerous knives are prohibited across the United Kingdom. To this effect, officials have engaged with the Governments in both Northern Ireland and Scotland.
In summary, nothing matters more than public safety. That is why we are bringing forward this order, to prevent dangerous weapons being used in violent crime or to create fear in our communities. I beg to move.
Lord Lucas (Con)
My Lords, I say thank you to the Minister and his Home Office team, which drafted this order, for including a clear and comprehensive exemption for objects of historical importance. Carving out a space for history is not the easiest thing to do when you are dealing with people being killed and seriously hurt but it is really important, and to have done it in a way that the ordinary citizen—rather than just museums—can take advantage of is particularly appreciated.
History is real. Iconoclasm is not a virtue. We have a long history of our ancestors carrying blades into armed conflicts, not just as weapons but as tools of utility and survival. Preserving these items is important. Museums have a limited capacity, so the role of preservation falls mostly on the amateur collector and the descendants of our brave veterans. I am delighted that the Government recognise that.
Historical knives do not play a significant role in crime—they are far too expensive for that—so excluding them from the order does not in any way decrease the protection that it offers. By way of illustration, it was not so long ago that a curved sword was sold for £400,000, possibly because it belonged to Lord Nelson. Generally, these articles fetch a decent price—far more than it costs to purchase a replica on the net or elsewhere.
Ministers have not always been so perspicacious. The historical importance exemption is not available for items prohibited by Section 141 of the Criminal Justice Act 1988, so there are items from World War II—obviously, they are not 100 hundred years old yet—issued to, for instance, the commandos and their SOE, as well as to their equivalents in other nations, that are not protected. I very much hope that the Minister and his team will make a note on the file that this is something they might set right when next an opportunity occurs. We ought to preserve these objects for just the reasons that have motivated the exemption in this order.
I also believe that there is scope for clarifying the law on truncheons. As it is at the moment, I am not at all clear that the police practice of presenting long-serving officers with engraved, old-style truncheons is legal; it would be nice to know that it is. There is also some scope for looking through the guidance that the police use when applying these rather convoluted regulations on prohibited items, so that they really understand how the various descriptions and exemptions work and so that things are made clear and easy for them.
I look forward to further conversations on these matters, both directly and as a result of the Home Office’s most helpful interactions with both Bill Harriman of the British Association for Shooting and Conservation and John Pidgeon of the Coleshill Auxiliary Research Team.
Baroness Doocey (LD)
My Lords, in 2021-22, 282 people lost their lives to knife crime—the highest number of people killed with a knife in over 70 years. The biggest increase was among boys aged between 16 and 17, going from 10 in the previous year to 24. Approximately four in 10 of all homicides were committed using a knife or a sharp instrument—the highest annual total since the homicide index began in 1946. There were 69 homicides where the victim was a teenager; in around three-quarters of those, the method of killing was a knife or sharp instrument, compared with 41% of all homicides.
Campaigners have been calling for a ban on zombie knives for several years, but progress on achieving one has been slow and several high-profile incidents have occurred since it was promised. These include the tragic killing of 15 year-old Elianne Andam, who was stabbed on her way to school in Croydon in September with what was believed to be a large zombie knife.
Meanwhile, this is the Government’s third attempt at banning zombie weapons since 2016. Bizarrely, the Offensive Weapons Act 2019 banned zombie knives only if they had threatening words on the blade. This proved a major loophole. Can the Minister explain why this loophole was not addressed sooner? Where was the sense of urgency then and where is it now? This ban will not come into effect until September, by which time, tragically, more lives may have been lost.
The Policing Minister, Chris Philp, told BBC Radio 4’s “Today” programme that although some swords will come under the new rules, some will not qualify owing to the difficulty of differentiating between those that could be used for violence and those kept for historical or religious reasons. He said that
“a regular sword, like the sort a historic soldier might carry, would probably not qualify. It would depend on the design”.
Is this still the case? If so, why could these swords not be included, given the availability of the historical importance defence? In any case, is not a sword, historical or not, capable of being used in violence?
Reducing the circulation of these weapons is not just about bans and sentences, important though both are. It is about cracking down hard on the sale of knives and swords of all kinds. Campaigners rightly want tech companies to introduce safety measures to stop knives being advertised online, so can the Minister update us on the progress of the relevant measures included in the Online Safety Act? How many prosecutions have there been in this area so far and how has this been policed?
I also want to speak about youth services, which have been cut by 77% over the last decade, despite the fact there is overwhelming evidence to show that youth centre closures are closely linked to youth crime. In 2020, the APPG on knife crime focused on the impact of youth centre closures across the country and found that each reduction in the number of youth centres corresponded to an increase in knife crime. This trend is confirmed by recent work from the University of Warwick, which reviewed London youth centre provision and found that crime participation among 10 to 15 year-olds increased by 10% in those London boroughs affected most by youth centre closures between 2010 and 2019.
Increasing jail time and banning zombie knives are welcome to increase deterrence and give police more tools, but they do not address the reasons why children and young people are carrying knives in the first place. As the representative of a Bristol school that had lost two of its teenage pupils due to knife crime said:
“Halving knife crime will not be achieved by banning machetes or … zombie knives. You can kill someone with a knitting needle or a screwdriver. You’ve got to deal with the anger, the fire, the rage, the angst, the trauma inside the person”.
That goes to the heart of this, and I hope that the Minister, as well as answering my specific questions, will also address himself to that challenge, because this is about tackling not just knife crime but the causes of knife crime. The British public and so many grieving families are looking to the Government to do both.
Right-to-Work Checks for UK Nationals
Lord Lucas Excerpts(3 years, 6 months ago)
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Lord Lucas
To ask Her Majesty’s Government what plans they have to end online right-to-work checks for United Kingdom nationals.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, from 21 June, right-to-work checks will revert from the Covid-19-adjusted measures to face-to-face physical document checks for those who cannot use the Home Office online checking service. We are currently evaluating the potential for introducing specialist technology, including identity document validation technology, into the right-to-work checking service. This would provide a permanent digital option for those unable to use the online checking service.
Lord Lucas (Con) [V]
My Lords, I thank my noble friend for what has the feeling of being, perhaps, an encouraging Answer. The online verification of right to work during Covid has been a huge success for the Home Office. The system works really well; no one I have spoken to is aware of any serious issues. It avoids frauds; it is much more efficient and effective for companies; and it really promotes remote working, helping people in unemployment blackspots get jobs many miles away. What is the reason for junking it? Who benefits? I really do not understand.
Baroness Williams of Trafford (Con)
Well, I am glad my noble friend feels he got a positive Answer because, in fact, employers have been very positive about the temporary measures we have put in place. It is not about “junking it”; it is about the fact that it has been a temporary measure. Obviously, legislation has not been changed in this regard, and we made it clear that we would revert to the full checking regime in line with the lifting of social distancing measures. But I hope that my noble friend is encouraged by the moves we intend to make going forward.
Registration of Marriages Regulations 2021
Lord Lucas Excerpts(3 years, 8 months ago)
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Lord Lucas (Con) [V]
My Lords, I too welcome these regulations and I hope that they indicate that the Government are in a mood to consider further changes to our arrangements for weddings in this country—as, it is clear, does the noble Lord, Lord Hussain, and the noble Baroness, Lady Hodgson of Abinger. My particular request to the Government is that they should look again at the restrictions on where a wedding can take place. We will be faced, I hope, with a considerable surplus of weddings once the restrictions are lifted but anyway, if we were allowed to hold weddings in the open air much more easily or in moving locations, that would provide creative venues and a much-needed increased capacity for ceremonies and would be a contribution to the recovery of places such as Sussex after the Covid epidemic as well as a great delight for those who were allowed to take advantage of them. If the Government are prepared to think of going in this direction, would they be prepared to hold an online meeting with me and officials from Sussex to discuss what might be possible?
Domestic Abuse Bill
Lord Lucas ExcerptsMonday 8th March 2021
(3 years, 8 months ago)
Lords ChamberRead Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 171-II(Rev) Revised second marshalled list for Report - (8 Mar 2021)
Lord Mackay of Clashfern (Con) [V]
My Lords, I have supported this amendment on the basis that it shows what the general definitions reveal and include. I do not think that it will be necessary to pursue it, if we have a clear understanding that the sort of behaviour that the noble Baroness, Lady Meyer, has described is covered by the phrase “controlling or coercive behaviour”.
There is another important definition that deals with children being used as weapons against their parents. It points out that activity towards a child may well be against the parent. Clause 1(5) says:
“For the purposes of this Act A’s behaviour may be behaviour ‘towards’ B despite the fact that it consists of conduct directed at another person (for example, B’s child).”
I am certain that there are a large number of cases in which one parent, using his or her relationship with the child, seeks to damage that child’s relationship with the other parent. It is a natural weaponising in a conflict, which is apt to come forward in this sort of fighting between parents. When they are antagonistic towards each other, they are apt to try to bring children to their side of the dispute, which strikes me as extremely dangerous.
I believe that the attempt to use one parent’s relationship to damage the children’s relationship with the other parent is an obnoxious type of controlling or coercive behaviour. I verily believe that, if allowed to persist until the end, you will get parental alienation, because the operation of trying to damage the child’s relationship with that parent ultimately succeeds. That is what alienation is: by that means, the child has been successfully cut off from the other parent’s company, love and support. As we show, the law as it stands includes that.
The reason for the amendment is to illustrate that that is so, simply to make it possible to have this debate on Report. There was a tremendous amount of debate in Committee suggesting that parental alienation should not be contemplated. Sadly, I fear that, if the conduct that we have described succeeds, it will continue to happen. The Bill already, properly, includes a definition that deals with the kind of behaviour that underlies attempts to alienate the other parent from their child.
I strongly believe that this broad definition should not be restricted. I felt that the addition of qualifications in other amendments restricted the wide definition presently in the Bill. That is important, because domestic abuse is a large area and the definition manages to encompass it with great success. Therefore, the reason for the amendment is to illustrate that the conduct in question is included in the definition. Once that is accepted, as I hope it will be, the amendment will not be unnecessary.
Lord Lucas (Con) [V]
My Lords, as one would expect, that was a fascinating contribution. In some ways, it answers a lot of my questions. I am completely behind the purpose of this amendment. To my mind, as someone who is experienced but not expert, there is nothing about the phrases in Clause 1(3)(c) and Clause 1(3)(e) that naturally covers alienation behaviour. If one were to describe this in plain English, neither of those concepts would comfortably accommodate controlling behaviour which by its nature takes place remotely. Once you have got into the business of alienation, the two parents, typically, are not together. It is difficult to see what element of control or coercion can be exercised by alienation or how, in the context of domestic abuse, the wide phrasing of
“psychological, emotional or other abuse”
could certainly be construed as covering alienation. I hope that the Government will make it clear to me and the public in general, by what they say and do outside the Bill, that alienation absolutely is covered. But I need to see that in clear and unambiguous terms.
The Earl of Lytton (CB) [V]
My Lords, my support for this amendment comes without the personal experience of the noble Baroness, Lady Meyer, or the legal expertise of the noble and learned Lord, Lord Mackay of Clashfern. Like him, I hope that this amendment is unnecessary in reality. I cannot proceed without paying tribute to the noble Baroness for her unstinting efforts to ensure that alienation of children by one parent against another is accorded its proper place in discussion of the Bill. Her efforts and those of the noble Baroness, Lady Altmann, have been inspirational.
My concern throughout is for the protection of children and intervention in abusive situations at as early a stage as possible to ensure that their life chances are best fostered. It is well understood by psychologists that perpetrators of controlling and coercive behaviour will often try to separate their victim from outside contact—from friends, family, religious or social groups and even by preventing the means of communication necessary to seek help. As the noble Baroness, Lady Brinton, said, perpetrators are often the most confident, plausible and convincing of people. Their victims, by comparison, are often confused, anxious and timid. Both may have deeper attachment issues.
Here we are concerned with a different direction of travel, namely conscripting the innocent as proxies to alienation as part of a contest with a partner. There are doubtless many versions of this, commonly using a weak or compliant adult proxy, but there is one type that warrants special attention and that is the deliberate enmeshing of the children of a relationship by one party as a tool or lever against the other. No other identifiable category so conveniently presents itself as a vehicle for this leverage; no other proxy is so trustingly vulnerable to exploitation or so readily damaged, both in the short and long terms, by such actions.
It may be a self-justification of the perpetrator that it is for the better protection of the children from the other partner, and it merely invites retaliation by precisely the same means. I have mentioned before the perils of a wholly adversarial and corrosive no-holds-barred approach to sorting out these domestic contests. The resident parent is clearly in a strong position to influence, and issues such as access to children and much else may hang on this. The very presence of children may, paradoxically, prevent the sort of clean break that some might wish for. Typically, the children are and remain the biological offspring of both partners. What they receive from ancestors may influence what they pass down to their own offspring in turn. The toxic adversarial circumstances of a relationship breakdown of adults seems capable of rendering them particular harm. Children, as minors, are entitled to the protection of their parents and, where that fails, to the protection of society. In my opinion, society is bound to take note of those impacts on them that might lead to perpetuation of abuse in future generations.
I have been surprised by the degree of antipathy that I have experienced following the parental alienation amendment in Committee. I did not think that this was in the least bit controversial, nor worthy of such sustained criticism. But I have been heartened by the comments of many others—from male and female viewpoints—and I thank them all for the trouble they have taken to write to me.
The first criticism is that parental alienation is not defined, but it is accepted that alienating activity does exist and has long been recognised, so I take it that the use of children as proxies in the process suffers, in this instance, from a liability to multiple interpretations.
Non-Domestic Rating (Public Lavatories) Bill
Lord Lucas ExcerptsWednesday 24th February 2021
(3 years, 9 months ago)
Lords ChamberRead Full debate Non-Domestic Rating (Public Lavatories) Bill 2019-21 View all Non-Domestic Rating (Public Lavatories) Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 131-I Marshalled list for Committee - (19 Feb 2021)
Lord Greaves (LD)
My Lords, I thank the noble Lord, Lord Kennedy, for his support for my Amendment 9 in this group. I will speak to both my amendment and Amendment 1, which the noble Lord has just moved. I declare my interest as a member of Pendle Borough Council, which no longer has public lavatories but is the rating authority for those that exist. I thank the Government for scheduling this Committee fairly quickly after Second Reading so that we can progress this Bill; it gives us real hope that the Bill will manage to pass in this Session.
The amendment in the name of the noble Lord, Lord Kennedy, would follow up amendments moved in the Commons and comments made quite widely by people at Second Reading in your Lordships’ House. They pointed out that very many lavatories that people consider to be public lavatories and that operate as public lavatories are ancillary to other facilities provided by local authorities and other voluntary bodies, and so on. The problem is that, from a rating point of view, they are part of the same hereditament as the facility to which they are basically ancillary and therefore would not come under the provisions of this Bill as it stands. The Minister has kindly written to interested Members of the House putting forward the view that the Government put forward in the Commons that, to exempt these genuine public lavatories from business rates would be onerous—particularly on the Valuation Office Agency, which is responsible for doing all this— and that it would therefore not be practical to go ahead with it.
My Amendment 9 tackles some of the affected lavatories, which would probably not be a very large number. I believe that this could be done without any onerous burden being placed upon the VOA or anybody else. It reads that, for the purposes of subsection 4(I), which is what this is all about,
“a self-contained public lavatories facility which forms part of a larger hereditament and which may be accessed independently from outside that hereditament forms a separate hereditament.”
It is possible that it would have to be done technically in some other way: it might be that it could be done via secondary legislation. The noble Lord, Lord Lucas, has amendments later on, to which I am not going to speak, but at this stage I will just say that I strongly support them; they provide an opportunity for the Government to tackle the technical details, and there are huge technical details in all this, because it is about rating. They would allow the Government to pick up a lot of the points that we are making in these probing amendments at this stage.
It seems to me that, when a lavatory is part of a council-owned building in the middle of a small town or village—it might be a library, market hall or any other council-owned building—and has an outside door so that, even if there is also an inside door that could be locked when the main building is not open, people would be able to access that from outside, sorting out the separate valuation for a limited number of instances like this would not be a great burden, and it could, and should, be done. In practice, the VOA will have done it anyway when it assesses the rates on the whole building, because here is a separate use from the main building and it will have a look at it and say, “What is the amount that that contributes?” Somewhere in the depths of its records, it probably has the information anyway. Even if it does not have it, however, it is not an onerous task for it to do. The number is relatively small compared with the great majority of lavatories in libraries and so on. I hope the Government will accept the principle of this—I do not expect them to accept my amendment as it is today—and go away and have a look at it. I invite the Minister to say that he will do that.
Lord Lucas (Con) [V]
My Lords, as I said at Second Reading, I welcome the Bill. That the Government have chosen to encourage the provision of public lavatories is a great public good, because adequate lavatory provision is a liberation for many millions of people, for whom the thought of not finding one when they go out is a significant restriction on their participation in society as a whole. There are said to be some 14 million people in this country with bowel or bladder problems. That is a very large proportion of the population who are worried about being able to access a public lavatory when they go out.
I really encourage the Government, perhaps not immediately but during the progress of the legislation, to look at opportunities to extend its reach. An obvious example is lavatories in stations, which everyone regards as public lavatories. Victoria station is very well used. It is only in a very peripheral way a part of any other hereditament. The same applies to lavatories in other public buildings, and to push in the direction which is being opened by Amendment 1 is thoroughly worth while.
There is no obvious need for a public lavatory to be a separate building. It seems, given the attractiveness of public lavatories, that having them in a building encourages other uses of that building too, and that their integration into public buildings should be encouraged. If we can find a way round it over the next few years, we should not be privileging just those public lavatories which are free standing.
As has been said, I really hope that the Government look on this as an opportunity, over time, to encourage facilities that are needed for the general public enjoyment of public facilities by extending the rather narrow rating release in the Bill to the many other deserving facilities that are provided at public expense and otherwise, and without which we will find ourselves rather too often caught short.
Lord Hope of Craighead (CB) [V]
My Lords, I have a great deal of sympathy for what the noble Lords, Lord Kennedy of Southwark, Lord Greaves and Lord Lucas, have said in support of these amendments. For some people, venturing into parts of our urban communities where they cannot be sure of access to a public lavatory is a risk that they dare not take. The physical conditions that create this problem can affect all ages. One thinks especially of the elderly, but there are also visitors to the area and others who depend on the uncertainties of public transport to get home. Whoever they are, they need to be provided for.
My interest in this subject, as I have mentioned before, is a professional one. I am interested in whether the amendments to test alternative solutions to those which the Government are suggesting are capable of being put into effect. The valuation of buildings for rating was one of my specialist subjects when I was in practice at the Scottish Bar. The valuation process itself was not for me; that was the job of chartered surveyors. The noble Earl, Lord Lytton, is a distinguished member of that profession, with years of experience in the practice of that art, and I am very sorry that for other reasons he is unable to take part in this debate.
However, valuation for rating is not just about facts and figures. There are some legal rules too, and that is where I come in. The non-domestic rating system is the product of a listing process. Every non-domestic hereditament that is capable of separate occupation must be entered in the valuation list and given a value. A single building may contain within it a number of properties that are in separate occupation. If so, one would expect each of them to be the subject of a separate entry and a separate value, but where one finds a building in a single occupation, the consequence is that the entire building is treated as a separate hereditament and valued accordingly.
4: Clause 1, page 1, line 7, after “lavatories” insert “of a prescribed description”
Member’s explanatory statement
This amendment ensures the Government has power to require that the lavatories are provided and operated in accordance with national standards, making proper provision for the various needs of their potential clientele including the disabled, parents with children, women and trans people.
Lord Lucas (Con) [V]
My Lords, I urge the Government to take the opportunity to give the Bill some wording that expands its ambit, and to take advantage of the leverage that it gives them—as the noble Lord has noted, it is a generous disbursement of funds—to achieve other policy objectives. The policy objective that I, personally, would like the Bill to support is whatever the outcome is of the Government’s current review of toilet provision in general.
It has been a joke all my life, let alone my noble friend’s life, how there is always a queue at the ladies and none at the gents. We have not had equal provision in relation to demand. We now need to recognise that there are people—particularly those who are committed transgender—who are not easily able to take advantage of toilets that are just for men or just for women. Having toilets that are universally unisex, such as those in the Old Vic and the Department for Education visitor accommodation, is extremely difficult for many women and some men, including me, to put up with.
There are, therefore, matters of policy relating to the provision of toilets that we can reasonably anticipate will come to the fore over the next couple of years. It would be good to give the Government, in this Bill, the ability to lever the rates relief that they are giving in order to achieve their policies. As the noble Lord, Lord Greaves, pointed out, we may find that over time there will be opportunities to expand the Bill’s ambit to other worthwhile premises in ways which, as my noble friend insisted, go along with the modus operandi of the valuation office. That is fine, but we are missing a chance if we leave the Bill as it is and do not give the Government additional power along the lines that I have suggested. I beg to move.
Baroness Pinnock (LD) [V]
My Lords, it is not clear to me why the noble Lord, Lord Lucas, believes that it is necessary to—I quote—prescribe a definition of public lavatories. It is not clear what policy objective would be achieved by his amendments. Without wishing to cause offence, that clarity has not been expanded during the noble Lord’s introduction of the amendment.
As we have already heard, there is currently a huge variety of provision: some are in old-style toilet blocks, some include Changing Places and some include baby changing facilities. Some modern provision consists of a single facility into which only one person at a time can enter. Some public toilets are unisex, as the noble Lord, Lord Lucas, explained. That is increasingly the case in modern office blocks. I have never heard anyone being particularly concerned about that provision. Public toilets are simply a facility for members of the public. I do not on earth see what is gained by prescribing a definition.
The best thing we can do, having heard the noble Lord, Lord Lucas, explain his amendments, is agree to disagree with him. I, for one, cannot support this amendment.
Lord Greenhalgh (Con)
My Lords, I thank my noble friend Lord Lucas for his amendments, which would provide the Government with the power to limit this relief to only those toilets that meet prescribed criteria of their choosing. The underpinning nature of the amendments is the desire to see toilets for all, and I am very supportive of the need to have toilets for those who need disabled access, gender-neutral toilets and gender-specific toilets. As I set out to the House earlier, the Government do not intend to limit the measure within the Bill to only those toilets that meet certain criteria. Subject to Royal Assent, the Bill will support the provision of separately assessed toilets across the country. I therefore do not agree that it would be right to make any amendments which could limit the benefits of this measure.
Furthermore, limiting the relief to only those public lavatories that fit a prescribed description would place a significant burden on local authorities, which will be responsible for administering the relief. Well-intentioned though the amendment is, it would weaken the effectiveness of the legislation were we to require its provisions to be subject to a new, locally administered system of controls.
While I appreciate the arguments that my noble friend Lord Lucas made in support of the Government having the power to make this relief more specific, any benefits must be weighed against the consequential impact on local authorities of using such a power. Although I do not think that the Bill would be improved by these amendments, I appreciate the points that my noble friend makes about the standards of our public toilets.
The Government are interested not just in the total number of public toilets in this country but in ensuring that everyone in our communities feels confident and comfortable using them. This means maintaining hygiene standards and ensuring fair provision of accessible and gender-neutral toilets.
Noble Lords may therefore wish to note that the technical review of toilets launched by the Government will consider the ratio of female toilets needed versus the number for men and take into account the needs of all members of the community, to ensure fair provision of accessible and gender-neutral toilets. The call for evidence, which closes on Friday, has received over 15,000 responses; a government response will be published in due course. As part of this review, the merits of any best practice guidance on the provision of gender-neutral toilets will be considered, alongside any guidance on the necessary provision of access to disabled toilets. These considerations also include provisions for older people and parents with very young children who need changing facilities.
I hope this reassures my noble friend that the Government are supportive of not just the total number of public toilets but the vital importance of ensuring that appropriate facilities are available to all. On this basis—and the basis that the potential administrative burden resulting from these amendments would outweigh the benefits—I hope that he will agree to withdraw his amendment.
Lord Lucas (Con) [V]
My Lords, I am very grateful to my noble friend for his obiter dicta on the Government’s general intentions in this area, which I applaud. I can see that he has clearly understood the intent of my amendment and disagrees with it. I therefore beg leave to withdraw it.
Amendment 4 withdrawn.
Lord Hope of Craighead (CB) [V]
My Lords, the formula proposed by this group of amendments raises an interesting practical question. I support what the noble Lord, Lord Kennedy, said on Amendment 6 about the desire to provide for Changing Places facilities where required, but my interest is in a more practical question: whether what is proposed here works with the normal principles of rating and valuation law.
I understand that it is proposed to extend the relief to the more usual situation where there is a public lavatory, or perhaps more than one, within a larger building which is not accessible from outside—the situation contemplated by the noble Lord, Lord Greaves, in Amendment 9, which we considered earlier. This being so, these amendments correctly assume that a value has been given to the building as a whole; they seek to extract from that value the amount attributable to the public lavatory or lavatories by asking for it or them to be valued separately and the value given to the building as a whole reduced accordingly. As I said earlier, I am not and never was a valuer, but I fear that the exercise that the amendment contemplates is not nearly as simple as it might seem. The noble Lord, Lord Greenhalgh, touched on this earlier.
The problem is one that a valuer would readily identify. First, it is not normal for individual elements in a building, such as public lavatories, to be given values in the course of making up the value for the hereditament as a whole, so a valuation exercise would have to be undertaken which is not normally—indeed, probably never has been—undertaken in the course of the valuations we have today. There is also a consequence for the other part of the building that does not consist of these lavatories—the effect of extracting the value and whether the value attributable to the remainder can be properly sustained without some kind of examination. I suspect that this approach runs into quite difficult valuation problems which a valuer would need to explore with the Minister to see whether they could be resolved.
There may be an alternative solution. I mentioned earlier the example of charitable relief; this time I will take another. Rather than engaging in the rather difficult exercise I have hinted at, it might be worth considering applying a derating formula across the board to all hereditaments comprising public lavatories. There is precedent for that approach in a statute introduced in the 1920s to provide relief for industrial hereditaments. These were hereditaments that were shown to be occupied and used as a mine, factory or workshop. The details are to be found in the Rating and Valuation (Apportionment) Act 1928. Hereditaments which met the tests for being treated as subjects of that kind were entitled to a reduction of half their annual value. The aim was to deal with the acute problems of unemployment and to stimulate the economy by encouraging the development of subjects for industrial use. Of course, an enormous problem was being addressed there that was shared across the economy as a whole, and one can well understand the measure and the extent of the relief that derating provided. I should mention that that statute was repealed some years ago so does not apply today.
A 50% reduction would be out of all proportion to what we are talking about when considering the public lavatories element in the overall hereditament, but that does not affect the principle on which the relief was given in these cases: that it is possible, without getting embroiled in detailed valuation exercises, simply to introduce a form of derating for a desirable purpose to encourage whatever one seeks to encourage. If the Minister is not willing to accept these amendments, the noble Lord, Lord Kennedy, might find it worth considering a 1% or 2% deduction from the overall figure, perhaps adjustable by statutory instrument in the light of experience, as an alternative to the rather complicated valuation exercises that this group of amendments contemplates.
Lord Lucas (Con) [V]
My Lords, I am attracted to the idea that the noble and learned Lord, Lord Hope of Craighead, has just advanced. After Second Reading, I had a very long and entertaining conversation with the noble Earl, Lord Lytton, on the technical subject of valuation. Some of it may have stuck in my brain, but the overall impression that this was not a simple matter certainly stuck there—in particular, the idea that the uplift in rateable value that comes from having a toilet can be quite substantial. It makes, for instance, the upper floors of a department store much more attractive than one might think. So there are considerable complications underlying the process, and if a toilet was subtracted from the whole, the question of how that whole would be valued fairly—when a toilet is available but it is not being rated—becomes quite complicated. At least, that is the strong impression that I was left with after my conversation.
Having embarked on this course, the Government ought to be encouraged to continue down it. We ought to find a way to encourage those institutions that could comfortably provide public toilet facilities, and have their own reasons for doing so, in particular to encourage people to come into them or as part of their contribution to the society that they are embedded in. If a business is doing that, it seems reasonable that it should receive some recognition of it from the Government. It is providing a public service and we ought to find a way of supporting that.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, the amendment in my name and that of the noble Baroness, Lady Greengross, seeks to insert a new clause that would require the Secretary of State to publish a report on the impact of the Act. The Bill, though small, provides for significant rate relief for public toilets as they become zero-rated. In those circumstances, the Government would surely want to see what the effect of the policy has been. The proposed new clause would bring that into effect.
I am happy to support Amendment 13 in the name of the noble Baroness, Lady Greengross, which goes well with my amendment, by giving us information, year on year, about the effect that the policy is having, given that it will be costing the public purse revenue of which it would otherwise be in receipt. If we found that public toilets were still closing, that would be useful information to help us consider how we keep them open and whether something else needs to be done.
Amendment 14 in the names of the noble Baronesses, Lady Pinnock and Lady Thomas of Winchester, is on a similar theme to Amendments 11 and 13, but has an important emphasis on the review to look at the effectiveness of the Act in increasing accessible toilets and, in particular, Changing Places facilities, which we have talked about in earlier groups. I can see how beneficial it would be for the Government to have this information to hand. It would enable them to see that the Act was working effectively or highlight that more work needed to be done.
Amendment 15 in the names of the noble Baronesses, Lady Randerson and Lady Pinnock, is in a similar place. It picks up on the point and gives power to make a recommendation whether other measures in this area need to be introduced.
I like all the amendments in this group. Perhaps all those who tabled them should get together before Report to table one amendment that takes all these points on board.
Lord Lucas (Con) [V]
My Lords, the noble Baroness, Lady Greengross, asked me to speak to Amendment 13 in her name. We very much share the sentiments just expressed by the noble Lord, Lord Kennedy. We all support this Bill and want to see it succeed. We want it as a foundation on which a renaissance in publicly available toilet facilities can proceed down the next decade or so. To know that we are succeeding or to know where any problems or challenges lie, we need good data. We therefore hope that the Government will accept an obligation to publish that information so that we can cheer them for their successes and encourage them to do better where that appears to be needed. It took around 50 years to persuade Victorian authorities to install public lavatories, let alone to agree funding and rates for them. With luck, because of this legislation, we will see increased provision at a much quicker rate. This amendment would let us keep track of progress and would be an essential expression of Parliament’s support for this measure.
Baroness Thomas of Winchester (LD) [V]
My Lords, I so agree with what the noble Lord, Lord Lucas, just said. I support Amendment 11, but am speaking to Amendment 14, which follows Amendment 11 in this group, calling on the Government to undertake a review of the impact of the Act on the provision of accessible lavatories within a year of its passing.
There are three reasons why we need to know whether the change in rating for stand-alone public loos is resulting in more accessible facilities. First, the population is getting older, so there will be more disabled and elderly people about in the future than there are now, which means that the need for accessible toilets will grow. Secondly, sadly, there will not be so many food outlets on the high street which have accessible toilets for use by the general public, because of multiple closures in the wake of the pandemic. Thirdly, thousands of disabled people, like me, have spent the last year shielding, which means that they will not have been out and about. Many will now be more fearful than ever about going out without knowing where they can spend a penny in an accessible toilet. The Minister may say that any review should be done by local authorities, but we will not have a national picture unless the Government take ownership of it. Perhaps the British Toilet Association could help with up-to-date information.
I asked the Minister, at a meeting to which he kindly agreed, whether he could tell us how the £30 million rollout of Changing Places was going. These wonderful facilities are absolutely vital to about 250,000 disabled people. They are needed in town centres, arts venues, hospitals and wherever there are large gatherings of people. We have heard a bit about them this afternoon. Perhaps the Minister will undertake to give us more specific information at the next stage of the Bill.
Domestic Abuse Bill
Lord Lucas ExcerptsMonday 1st February 2021
(3 years, 10 months ago)
Lords ChamberRead Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 124-IV(Rev) Revised fourth marshalled list for Committee - (1 Feb 2021)
Lord Bourne of Aberystwyth (Con) [V]
My Lords, I will speak in support of the amendments in this group and specifically Amendment 89 to Clause 55, in the names of the noble Lords, Lord Rosser and Lord Woolley of Woodford, my noble friend Lord Young of Cookham and the noble Baroness, Lady Hussein-Ece. The clause and amendment relate to the important situation regarding the assessment, preparation and publication of the strategy, as well as the monitoring and evaluation of arrangements for domestic abuse support by local authorities.
I too welcome this excellent piece of legislation. I also welcome the briefings that we received from so many effective bodies in this area, particularly Women’s Aid and Imkaan. I thank them very much indeed. I would support the amended Clause 55. While recognising, as we do, that most abuse—and its most extreme examples—is perpetrated by males, we must spell out in the Bill the many protected characteristics which are important for our national provision. As my noble friend Lord Young has just referred to, there is a great danger that some local authorities will provide services just for their areas. There are two obvious dangers with that. One is that many people will want, and indeed need, to move away from their home area. I am sure that my noble friend Lady Williams will be in the same position as I was as a Minister; I encountered many people receiving refuge services who were out of their area—and very happy to be out of their area.
The second key important matter is the specialist nature of some of the services, as required by the Istanbul convention. We should be providing, on the face of the legislation, for such matters as race, national origin, language, colour, religion, social origin, coming from a national minority, age, health, disability or such other relevant matters as set out in the amendment; I know that my noble friend will want to do that. The two key factors—specialisms and the out-of-district service—are essential and we need to provide for them. This is landmark legislation and is broadly welcomed across the House. I cannot see that anybody could realistically disagree with the list of characteristics in the amendment to Clause 55. These are specialisms which need particular attention and are flagged up in the amendment to require local authorities to make provision and develop a strategy in relation to them. I hope that we are able to do that.
As indicated by successive noble Lords speaking on this area, financial provision is also clearly important; it is key, vital and urgent. Without financial support, this will just not work. I hope that that will be taken care of too. I realise that there is provision within the department for an MHCLG Minister to establish, monitor and evaluate delivery of the duty, but this is insufficient. I do not think it would necessarily be sufficient for the Istanbul convention, but it should not be sufficient for your Lordships’ House. We need it on the face of the Bill.
I do not intend to detain the Committee for long but I want to touch on one other topic, which is quite separate and distinct. It relates—I hope noble Lords will forgive me—to provision for Wales. Obviously, the situation in Wales is somewhat, although not totally, different; devolution arrangements and separate laws have meant that it is different. I wonder how that situation is being provided for. What arrangements are in place for discussions on a continuing basis with the Welsh Government and, indeed, the Welsh Parliament, to ensure that it is provided for as smoothly as possible? I would welcome anything that my noble friend the Minister is able to say in that regard.
Lord Lucas (Con) [V]
My Lords, I welcome these amendments and support very much what has been said by other noble Lords before me. My particular interest is in data, and I am delighted to see in Amendment 89—in proposed new subsection (1B)(c), for instance—a really detailed enumeration of the sort of level of data that we should be collecting. The basis on which this data is collected should be specified nationally, so that it is coherent and comparable and we can really start to understand what is happening and, from that understanding, move continuously to improve matters.
A very good example of what happens when you do not do this has been provided by the recent statistics on sexual abuse. The figures for the UK show that in 2019 there were 2,300 reported cases of children being abused by women in England and Wales, which is about twice what it was four years before. The first question we should ask when faced with a statistic like that is: what is going on? Unfortunately, we have no clue, because the police have stopped collecting data on sex as a characteristic when recording reports of abuse. They now record only self-reported gender. So we do not know whether this is something happening to women that we really ought to be paying attention to—an extraordinary rate of increase to which we ought to be preparing a policy response—or whether it is just a fiction due to the way the police have changed their reporting; in other words, whether this reflects the number of male offenders who are now declaring themselves to be women. Either way, we want to know; we absolutely should know. Apart from anything else, when it comes to the subject of the Bill, there will be trans women in relationships with men who are being abused and need looking after. We need to know how to provide for them properly. We may perhaps need specialist arrangements; we need to know the right level of any such arrangements that we should be providing.
If we do not have detailed statistics on sex and gender—and, in other circumstances, on a whole range of other characteristics—we will not be providing what is needed. So, I really support that part of these amendments, and these amendments in general.
Baroness Warwick of Undercliffe (Lab) [V]
My Lords, I support this amendment in the names of my noble friend Lord Rosser and the noble Lord, Lord Woolley of Woodford, as well as other amendments in this group in their names. I declare an interest as the chair of the National Housing Federation. I congratulate my noble friend on the comprehensive way in which he set out the large number of issues at stake if these amendments are not included in the Bill. I found it a very effective and moving speech.
Housing associations are in a unique position to help survivors of domestic abuse and have been at the forefront of innovative responses during the pandemic, when it has been so difficult to deliver normal services. They have prioritised domestic abuse survivors in new lettings and transfers and worked with refuges to support move-on as well working to keep survivors in their homes safely. It is a further tragedy of the pandemic that we have seen such a surge in instances of domestic abuse.
One of the most important things that the Bill can do is to ensure that all its provisions are underpinned by secure funding, so that no survivor is turned away from the specialist support that they need and there is fair, national distribution of resources. There must be an acknowledgement of the specific challenges faced by BME survivors and migrant women—this has come up so many times in our debates on the Bill. For example, many housing associations provide English classes and support for skills and employment as well as mental health and well-being support. I particularly thank Women’s Aid and Imkaan, together with Stonewater and other housing association providers of specialist support, for their invaluable briefing on these amendments.
I do not want to repeat the details and statistics already given by many noble Lords about the increasing level of need and the reality of the cuts in funding and the inevitable reduction in services and support that results. These amendments reflect what needs to be done to make the Bill the step change in provision that I know the Minister and, I believe, the Government want to see.
In that spirit, I hope the Minister will heed the call for a number of additions. I highlight the need for a tighter definition of “relevant accommodation”, the need to ensure that the support provided is specialist and sufficient to meet demand and the need to make arrangements for the provision of accommodation for all victims, regardless of their immigration status. I also highlight the need to ensure that local specialist services are adequately represented on partnership boards and that a national oversight group, involving all relevant interests, is recognised in the Bill to ensure robust evaluation of the delivery of these life-saving services.
My organisation, the NHF, wants to work together with government to build models that are cost-effective for local authorities to enable the safe removal of perpetrators of domestic abuse from the home, prevent the homelessness of survivors and enable them to live independent lives. In May 2020, the NHF asked the Government to implement a targeted approach to accommodation provision for rough sleepers and homeless people fleeing domestic abuse. Housing associations stand ready to help local authorities fulfil the new duty to provide support and accommodation for survivors.
Amendment 89 and others in this group seek to ensure that there is provision of a variety of housing options for people experiencing domestic abuse, based on choice. Some will certainly need and want a refuge space, and it is vital that these are funded and come with adequate support services to help survivors achieve better health, well-being, employment and housing options.
I echo my noble friend’s concluding remarks on funding: we need to ensure, together with other provision of supported housing for rough sleepers and older people, an annual £1.6 billion of ring-fenced funding, which is needed to allow local authorities to provide these life- saving services. I hope the Minister will be able to tell the Committee that there have been discussions with Treasury colleagues about a specific ring-fenced investment in supported housing in the upcoming Budget.
Lord Lucas (Con) [V]
My Lords, I should be very grateful if the Minister would provide details of the information that the Government anticipate will be collected by local authorities, as illustrated in some of the provisions proposed in Amendment 89. I would be very happy for her to do that by letter but I should very much appreciate having that before Report.
Baroness Williams of Trafford (Con)
I am happy to provide my noble friend with that information.
Antique Firearms Regulations 2020
Lord Lucas Excerpts(3 years, 10 months ago)
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Lord Lucas (Con) [V]
My Lords, I congratulate the Government on the evidence base and proportionate response to the problems addressed in these regulations. I note that it implies a confidence in the police’s ability to cope with a technically complex list of obsolete calibres and models of pre-1939 air guns, as well as being able to tell the difference between, for example, an antique Brown Bess musket and a modern one for use by re-enactors that will require licensing. That is most welcome. The police will not be able to do that, of course; they will turn to experts, who are readily available, but between them they will get these distinctions right.
If these regulations are passed today, a number of obsolete calibres can be freely gifted, loaned or sold because the Government have agreed with experts that these items pose an extremely low risk to society. I am delighted that the Home Office is considering things at this level of detail and very much hope that this will lead to a reconsideration of the concerns expressed during the passage of what is now the Offensive Weapons Act, in particular the assertion that the police could not tell the difference between a pre-1945 item and a modern one—a task that is much easier than the one that this regulation places on them. This had led to wording that threatens the destruction of some fascinating parts of our heritage and profitable parts of our film industry. I hope that, in future, we will see the spirit in which this regulation has been brought forward applied to our Second World War heritage.
Domestic Abuse Bill
Lord Lucas ExcerptsTuesday 5th January 2021
(3 years, 10 months ago)
Lords ChamberRead Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 6 July 2020 - (6 Jul 2020)
Lord Lucas (Con) [V]
My Lords, I very much agree with what the noble Baroness, Lady Deech, said about the threat to disclose intimate images and with what the noble Baroness, Lady Benjamin, said about child victims.
I had intended to talk mostly about my noble friend Lady Newlove’s amendment, but so many other Peers have that I will just add my words on the process followed in New Zealand. Its Law Commission’s analysis of why strangulation should be a separate offence is extremely well argued and set out. It covers the otherwise difficult area of people who invite strangulation for sexual or other purposes. It has argued very well that, where this is the case, the consequences are adequately covered by the common law. I also feel that if as a result of criminalising strangulation there is an increased sense of caution among those who want to practise it as to what the consequences for them might be, that would be no bad thing. Other than that, so many other people have said what I wanted to say better than I would have done that I shall end there.
Immigration Skills Charge (Amendment) Regulations 2020
Lord Lucas Excerpts(4 years, 1 month ago)
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Lord Lucas (Con) [V]
My Lords, I congratulate the Government on continuing this series of regulations, and I encourage them to go further when they next have a chance. Among the people coming in and paying this charge, there are groups of people who have very similar skills and for whom £1,000 really is not a sufficient incentive to the employer to start investing in UK employees for the future.
I would like to see the Government having the power to look at who is coming in and paying this charge and, when they see a group of people with similar skills, to increase the level of the charge for those skills to £2,000, £5,000, £10,000 or whatever is required to start the companies concerned investing seriously in educating our own people. Otherwise, it is just a tax. I would like to see this used as a serious instrument of policy to reduce the number of people coming in with skills that we could easily reproduce in our own population if we took the trouble.
Emergency Services Network
Lord Lucas Excerpts(4 years, 2 months ago)
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Baroness Williams of Trafford (Con)
Well, I think I was quite frank initially in saying that it had been a challenging project. It is a project that I have paid particular attention to in trying to get it moving, in terms of emergency services testing it and taking it up. In terms of the Scottish view on it, we engage with all devolved Administrations on this sort of thing, and we want to get it up and running as soon as we possibly can.
Lord Lucas (Con) [V]
My Lords, it looks as if this system is going to come on stream just at a time when the rest of us are moving on from 4G to 5G. Would it not be a good idea to start working now on the 5G replacement and use this as an exemplar of Dominic Cummings’s new way of government contracting and delivery?
Baroness Williams of Trafford (Con)
My Lords, I will keep away from politics and say that, to meet DCMS’s original requirement relating to 5G RAN only, EE had already anticipated that a proportion of Huawei 4G RAN equipment would need to be replaced with equipment supplied by other vendors, and this would be increased to meet the new requirement for 5G.