Domestic Violence

Sandra Osborne Excerpts

Wednesday 29th October 2014 Westminster Hall

[David Simpson (Upper Bann) (DUP)]

It is a privilege to serve under your chairmanship, Dr McCrea, as we discuss such an important issue. I pay tribute to the House of Commons Library and to Women’s Aid, both of which have been extremely forthcoming with information and statistics for today’s debate.

Domestic violence is a serious crime that costs the lives of innocent women and men across the UK on a weekly basis. The impact of domestic violence on women and children, and indeed men, is devastating and long-lasting.

What is domestic violence or abuse? Scottish Women’s Aid defines it well, saying:

“Domestic abuse is persistent and controlling behaviour by a partner or ex-partner which causes physical, sexual and/or emotional harm. It often gets worse over time…Domestic abuse is not an isolated incident; it isn’t a fight or an argument. There may be no bruises. It is a pattern of dominating and isolating someone through fear and threats or undermining their self-confidence and self-esteem. It can happen if you live with your partner, or if you don’t…It can happen if you have children, and if you don’t…It often involves serious and sustained physical and sexual abuse which can cause injuries and lead to long-term health problems. It can take the form of withholding money and finances, monitoring women and children’s movements, restricting what they wear, who they see, where they go and what they say, on and offline. It can be threatening to or distributing intimate images. It can be manipulating or forcing someone to do something sexual that they don’t want to. It can involve stalking, and isolating women from their friends and family. It can involve physical violence. Women (and their children) are sometimes killed by a partner or ex-partner. It is about control, manipulation and humiliation.”

[Sandra Osborne (Ayr, Carrick and Cumnock) (Lab)]

I warmly congratulate the hon. Gentleman on securing this debate on an important subject. Does he agree that the coercive behaviour that is implicit in domestic violence is not currently covered by the law?

[David Simpson]

The hon. Lady is exactly right, and I will deal with that excellent point as the debate goes on.

The definition continues—here is the important point in all this—to say that domestic violence

“cuts across class, ethnic and social boundaries…The effects of domestic abuse are wide-ranging; much more than the stereotypical image of the bruised woman. Domestic abuse impacts on health, safety, prevents women and children being able to stay in their own home, limits their education and work opportunities—in short, there is no area of life into which domestic abuse doesn’t intrude.”

All that said, domestic violence is unfortunately not viewed by some as one of the highest profile problems in society, because it quite often happens behind closed doors. Today, I want to challenge the existing mindset, and I stand here to raise awareness and to pledge to my constituents that I will fight against this scourge. I will not wash my hands of this issue and say that it is for other agencies to deal with. I will seek to bring about a change in legislation and an awareness-raising campaign. I want our security forces to dedicate resources to fighting and tackling this hidden scourge.

--- Later in debate ---

[Sandra Osborne (Ayr, Carrick and Cumnock) (Lab)]

It is a real pleasure to serve under your chairmanship, Dr McCrea. I am grateful for the opportunity to speak this afternoon. I congratulate the hon. Member for Upper Bann (David Simpson) on securing a debate on this important issue. I should say at the start that I have been a member of Scottish Women’s Aid for more than 30 years, in a paid and unpaid capacity. I am also a former chairwoman of Women’s Aid, and I currently chair my local group, East Ayrshire Women’s Aid.

Some years ago, we had a strategy of zero tolerance of violence against women to address such violence in general. It had three planks: prevention, protection and provision. We must acknowledge that domestic violence, like all violence against women, has its roots in the patriarchal structure of society throughout the world. It is about an abuse of power. There can be no equality in the public sphere until there is equality in the private sphere. Without that analysis of domestic violence, we will simply get nowhere.

On the issue of protecting those—mainly women, but also men—who have been subjected to domestic violence, we have come a long way. The hon. Member for Strangford (Jim Shannon) talked about a strategy in Northern Ireland; it is great that it is in place, and I think the situation is the same in Scotland and England. This is a UK issue, so we must acknowledge that there are no borders for domestic violence and work together as much as possible. However, strategies are no use without funding; they must be backed up by the funding to carry them through.

We have come a long way in recognising domestic violence as a criminal offence. Thirty years ago, when I got involved in the issue, it was not recognised as one, and certainly not by the police, but that situation has improved greatly. There is now far more inter-agency partnership working, there are things such as interdicts, and there is support for women at court. However, there have also been cuts to legal aid. As I understand it—the Minister will correct me if I am wrong—in England, unless abuse has been reported to the police, legal aid is not available. In most cases, as we all know, it takes a long time for women to report abuse to the police and to get into the court system. There are, however, several measures that some women might want to take, and they might need legal aid to do so.

On the subject of protection, and in line with the Women’s Aid campaign, we must recognise coercive control, and there must be a specific law to deal with it. That would represent a progression from all the laws of the past 30 to 40 years. It would recognise the nature and extent of domestic violence—that it is matter of control and an abuse of power, not just an individual instant when someone loses their temper. My hon. Friend the Member for Inverclyde (Mr McKenzie) rightly talked about Scottish men being like Jekyll and Hyde. I have witnessed that many times and concur with his view, but we must ask why that happens. Why do men and some women, not just in Scotland but throughout the world, behave in that manner? There must be something collective about it, not just an individual response. Clare’s law, which was mentioned, is being piloted in my constituency and it will be interesting to find out how that goes, and whether it can be applied throughout the country. I think it already is in England—[Interruption.] The Minister concurs.

It is disappointing that Women’s Aid in England has had to start an SOS campaign. It states that there is a risk of losing the network, and that some refuges have closed. How can that be called progress in 2014, after everything that we have achieved? I believed that there was a cross-party commitment throughout the UK to dealing with the issue, but that is a retrograde step and cannot be allowed to continue. Current provision needs to be maintained and we must have a new model for funding. I remember that in the 16 years when I worked full-time with Women’s Aid, all our time was spent thinking about how to get funding—from the lottery, and from this and that. That is all very well, but there is a need for secure provision, which means putting our money where our mouth is. We need secure funding for Women’s Aid throughout the UK, and I am very supportive of that aspect of the campaign.

The nature and extent of domestic violence is now recognised far more than previously, but still not to the extent it should be. The resources available are not adequate. Studies have shown that men as young as 15 believe that it is okay to hit their partner or girlfriend in certain circumstances. If that is the case, we are failing to educate young people. Last year or the year before, I took part in a cross-party inquiry with the hon. Members for Hastings and Rye (Amber Rudd) and for Solihull (Lorely Burt) about sex and relationship education for young people. One of our recommendations was to make that compulsory so that all young people should have not just sex education—about the mechanics of the situation—but the opportunity to learn about relationships, so how to conduct relationships in which people treat each other with respect. I know that that happens, but it is not compulsory, and I strongly believe that it should be.

I welcome this debate. I hope that the Government will take on board the concerns of Women’s Aid, although I know I would say that, because I am very much involved with it.

Passport Applications

Sandra Osborne Excerpts

Wednesday 18th June 2014 Commons Chamber

[Sandra Osborne (Ayr, Carrick and Cumnock) (Lab)]

I will try to be brief. Before I say anything else, in case I run out of time, I would like to add my compliments to the staff who are working so hard and to my own office staff, who have put in a great deal of work on the matter and dealt with some very distressed people over the past wee while. The Foreign Office warned nearly six months ago that closing overseas passport offices would lead to passport delays. In January this year, we on the Foreign Affairs Committee were informed of that by Foreign and Commonwealth Office officials. We all know now that the Government’s decision to shut down seven overseas offices has been identified as a key reason for the passport delays affecting thousands of our constituents, whatever the Minister says. Control of overseas applications for passports by British expats has been handed over to the Home Office, and that decision has meant that since January, British passport offices have had to deal with an extra 350,000 applications for travel documents.

[Fiona Mactaggart]

Will my hon. Friend give way?

[Sandra Osborne]

I will not give way, if my hon. Friend does not mind, so that other people can get in.

Hon. Members may be aware that the Foreign Affairs Committee is currently holding an inquiry into consular services. One of the most fundamental matters that expats expect, quite rightly, of the Government is an efficient and timely passport service. On passport applications, the FCO told the Committee:

“For most overseas customers the timescales for passport applications remain the same: four weeks for renewals and six weeks for first time applicants. In some countries this may take longer owing to the need for additional time required to complete checking procedures.”

Not surprisingly, it takes longer for officials in the UK to check details on applications from Britons overseas.

When former diplomats Sir Michael Arthur, former ambassador to Germany, and Mr Giles Paxman, former British ambassador to Spain and Mexico, gave public evidence to the Committee, I asked them whether the decision to transfer responsibility to the Home Office had been a good one. If people think that it is hard to get a straight answer to a straight question from a politician, they should try getting one from a diplomat. In typical diplomatic language, Sir Michael Arthur said:

“It was unpopular in Germany where it was felt that the distance made it more difficult to get a passport.”

Mr Paxman stated the obvious, saying:

“The need to transport the application back to the UK and then the final transport back out again is bound to add a little bit of time.”

That is an understatement, at best. However tactfully they put it, it was clear that they were acknowledging that the decision to transfer responsibility to the Home Office had led to a deterioration in service.

Does the Minister think that the transfer was a good decision, and why was no account seemingly taken of the totally predictable delays that it would cause? Are applications from people who live in Britain being delayed because of the need to process applications from expats? As late as 9 June, Mr Pugh stated that delays were due to an exceptional early summer demand for passports because of the improving economy and a rise in holiday bookings. That is not the case in Scotland, where it has been in the news this week that people are staying at home this year for their holidays.

The Minister did not even mention the key problem that has been caused by the change in the system. The Prime Minister has accused the Leader of the Opposition of trying to frighten people, but he does not need to do so because they are already terrified. Like so many other Members, I and my office staff have dealt with several tragic cases in the past few weeks, and I would like to highlight one. A constituent wrote to me:

“I am writing in tears and in desperation, both my son and I are waiting for our passports. I have tried for days to get information and find someone who can help us. My son is 18 and is now applying for his first passport, he was previously on my passport so I sent our applications away together on 13 May.”

They are having all sorts of problems getting their passports, and the woman has already put out £400 to get her son insured because he has a very serious illness that could cause sudden death. That is only part of the extra expense that they have incurred. I think we should all be ashamed that in this day and age, this is happening in our country. It brings shame on our country and on the Government.

Stalking

Sandra Osborne Excerpts

Thursday 21st November 2013 Commons Chamber

[Sandra Osborne (Ayr, Carrick and Cumnock) (Lab)]

It is a pleasure to see you in the Chair. Madam Deputy Speaker.

I am at a disadvantage as I do not have the Welsh experience of the right hon. Member for Chesham and Amersham (Mrs Gillan) and I have great difficulty pronouncing the constituency of the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd), but I want to add my thanks to him for the leadership he has provided on this issue in the House, and to express my sadness that he does not intend to stand at the next election. He will be greatly missed in this place.

I wish to record my thanks to Harry Fletcher and Laura Richards, who have achieved such rapid results both in legislation and in the difficult task of attracting funding for Paladin—the national stalking advocacy service which, as we know, was launched in July this year. They have, as the right hon. Lady said, also been a great support to the all-party group.

It will not surprise Members that in my contribution I shall briefly compare the situation in Scotland and in England and Wales, and look at the behaviour and treatment of perpetrators and the work and experience of the national stalking helpline, if time permits. I pay tribute to my constituent Ann Moulds, who endured years of torment from a stalker. She has been at the heart of campaigns to raise awareness of stalking at both national and local level and founded Action Scotland Against Stalking. This is a voluntary organisation which was set up to campaign for victims of stalking to be protected through the introduction of specific anti-stalking legislation and to help progress the rights of victims within the criminal justice process. It is obviously a sign of progress that we now have legislation across the UK to deal with stalking, and Ann Moulds has played an important part in helping to bring these laws about.

As we heard, in Scotland in the first 30 months of the legislation more than 1,400 charges were reported to the Crown Office and Procurator Fiscal Service, of which 1,046 resulted in the commencement of a prosecution, with around 460 convictions. I am informed by the Crown Office that 315 cases are still in process. Given that the legislation is relatively new, I give it two cheers. The numbers are positive, as we have heard, compared with the situation in England and Wales, where the population is much bigger. It is useful to look at how the legislation is being implemented in both places to see what lessons can be learned.

As hon. Members have said, the reported detection rates for England and Wales suggest a clear lack of effective implementation of the stalking legislation. One of the biggest issues is the lack of statistical data to establish a base-line reference for a true measurement of the problem. Training completion rates for police services suggest that a higher level of detection rates could be anticipated, but police recording of the crime lacks transparency and practices are not being systematically monitored. Whatever the precise stalking rate, it is clear that it is dramatically higher than the number of persons identified by the police would suggest. In other words, the low detection rates supported by anecdotal evidence provide enough information to suggest that there is a severe lack of expertise in stalking cases throughout the police, prosecution agencies and the courts, not a lack of stalking cases.

The legislation is either not being enforced or is being deliberately ignored by the very people charged with the responsibility to enforce it. Legislation in itself is worthless if it does not lead to a change in attitude to one that does not tolerate violence against women in all its forms. The reason why stalking was introduced as a stand-alone offence is that neither the existing law nor its application was working, as hon. Members have said.

Stalking as a concept is completely different from harassment: it has a different mode, motive and perspective. An inability to recognise those intrinsic differences is one reason why stalking is not taken seriously enough. Recognising stalking as a distinct and serious crime is in the interest not only of victims but of the public, because it plainly shows that such an offence has been committed.

There is a vast difference between someone identified as a stalker and someone who has got into trouble for harassment, as harassment says very little about the persistent, obsessional nature of the crime. Should an offender come before the criminal justice system again, it will be clear that he has a conviction for stalking. That is important in detecting stalkers who are serial ones, as many are. Stalking can lead to other forms of serious acts of violence, so it is important to establish such links. Prosecution for stalking signifies that the stalking has been acknowledged and taken seriously. It sends a clear message to the victim and to the public, and it encourages other victims to seek help and to report cases to the police.

The criminal justice system is a tool that we, as a society, use to signal what is and what is not acceptable. Based on many years’ experience, I firmly believe that where legislation is brought in, hearts and minds will follow. Victims should no longer be expected to live with the constant fear and powerlessness of being stalked. A miscarriage of justice occurs not just when an innocent person is wrongly convicted, but when innocent victims are failed by the state, sometimes at the cost of their lives, including from a failure to realise that psychological harm can be every bit as serious as physical violence.

There was welcome news in Scotland yesterday. The Crown Office and Procurator Fiscal Service in Scotland will no longer enter into plea bargains with stalkers, following a case highlighted by the Daily Record, which has campaigned on the issue. The Crown Office chief executive wrote a letter of apology to the victim, Frances Carroll, after accepting that a plea of not guilty as part of a plea bargain should never have happened.

That plea bargain meant that the case against an obsessed bully who stalked and terrorised Frances was dropped, and that John Cabrelli faced only one charge of stalking, which was against a second woman, Ashley McCann. After the plea bargain, the charge involving Frances was dropped, while that involving Ashley was lowered from a section 39 charge of stalking under the Criminal Justice and Licensing (Scotland) Act 2010 to a section 38 charge of abusive and threatening behaviour. Both women were therefore short-changed, to say the least, by the criminal justice system.

Procurators fiscal and their deputies are now being told that all evidence in stalking trials must be heard and tested in court. That huge step forward would never have happened without the Daily Record campaign, on which it is to be congratulated.

Before this debate, I contacted Ann Moulds for her views on training issues from the Scottish context. Ann reported that although there is still much to do, substantial progress is being made. She advised me that she was told at a recent meeting with the Crown Office in Scotland that all front-line police officers in Scotland are to be trained to a basic level of understanding for the purposes of identification, which is welcome news.

Ann informed me about the work she is doing on a schools stalking project in South Ayrshire in my constituency. It involves eight secondary schools across South Ayrshire, in which year 5 and 6 pupils will develop short films about stalking. I am sure that everybody in the House will agree that it is important to educate young people about this serious issue.

The main difference between Scotland and England and Wales is that the legislation has had longer to bed in in Scotland. The overall picture in Scotland is positive. The legislation there is now up for review, which is good news. I am sure that we will see more progress in England and Wales in the near future, particularly in the important area of staff training.

Whenever we discuss stalking, we must remember that it is not just something that happens to high-profile celebrities. It happens to ordinary people, whose lives can be ruined. The survey by Leicester university and the Network for Surviving Stalking, which is the largest such project undertaken in the UK, shows that one in five women will fall victim to stalking in their lifetime. That is a horrifying statistic that underlines why legislation was needed and why we need to build on that legislation by prioritising the training of criminal justice professionals and spreading awareness across local communities.

The question of how perpetrators should be treated is controversial, as it presupposes that treatment can be effective and can afford sufficient safety to the victim. I say unequivocally that stalking is a crime first and foremost, and should be treated as such. Perpetrators should feel the full force of the law, with no suggestion of pre-court diversion, which takes away the criminal element and puts the victim at risk.

I have campaigned against violence against women for more than 30 years. I chair my local Women’s Aid group, where I started work 30 years ago. I pay tribute to that organisation, especially Karen Gardner who has devoted her life to Women’s Aid and who leads the team in East Ayrshire. I make no apology for the continual tributes, because the people who do this kind of work do not get anything like the recognition that they richly deserve.

To return to the subject of perpetrators, I was astounded to hear last month that Sir Stephen House, the chief constable of Police Scotland, suggested that some domestic violence offenders could be directed to counselling or relationship guidance, rather than be taken to court. That would take us back to the early ’90s—it failed then and it would fail now. To categorise domestic violence or stalking as some kind of relationship dysfunction, rather than a crime, sends out all the wrong messages. It is particularly worrying that that has come from a person who is running the whole police force of Scotland. I honestly thought that we had made much more progress than that. To make matters worse, he takes issue with the fact that his officers have to act in every case. It took us years to achieve that in domestic violence cases and we are still a long way from it in stalking cases. It looks to me as though victims are once again being sacrificed to save time and money.

I recognise that many women want the behaviour to change or the stalking to stop, but the bottom line is that if a crime has been committed, court is what we have. Why should domestic violence or stalking be dealt with differently from any other crime, unless we do not really accept that it is a crime? I accept that a criminal sanction is not the whole answer, but it is an important part of it.

In the summer of 2011, NAPO, the probation union, asked its members to provide case histories of individuals who had been convicted of significant stalking behaviour in the previous 12 months. By autumn 2011, it had received 80 studies. The majority of those came from probation victim liaison units.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I regret having to interrupt the hon. Lady. Having put a time limit of 15 minutes on Back-Bench speeches, I note that it appears that fewer Members are in the Chamber than was the case at the beginning of the debate. If the hon. Lady would like to take a little more than 15 minutes, she is welcome to do so. The same goes for other Back Benchers.

[Sandra Osborne]

Thank you very much for informing me of that welcome news, Madam Deputy Speaker.

During NAPO’s study it became apparent that court report writers, following training, often concentrated on the immediate matter before the court and did not take into account previous histories or behaviours. In NAPO’s view that meant that significant stalking and harassment evidence was being missed by the courts on a finding of guilt—a view also shared by the leadership of the Magistrates’ Association.

Probation staff are concerned that evidence shows that sentences handed down by the courts are often too short for rehabilitation or treatment to occur, and that cumulative behaviour is not taken into account by the courts when determining outcome. For example, it is not routine for psychological or psychiatric assessments of the perpetrator to be requested by the courts; indeed, often they are turned down. In the view of NAPO and Paladin, as a consequence of that, women who are being stalked are placed at grave risk. The cases submitted by NAPO members are strikingly similar. They are disturbing and frightening for victims, and all the experiences were harrowing. The overwhelming majority of victims were in constant fear; many were physically injured and most experienced varying levels of assault. Many were the victims of criminal damage, and in extreme cases victims were either murdered or subjected to attempted murder. There is evidence that perpetrators threaten the family and friends of victims to get information, either in real life or through texts and the internet.

A number of common characteristics appear in all cases. Most victims claim that a significant number of incidents occur before they go to the police, and often their complaints are not investigated thoroughly. Stalking usually occurs over a long period—often years—and tends to be a mix of real life and cyber-stalking. There is overwhelming evidence that a perpetrator’s behaviour escalates if there is no criminal justice intervention or treatment. It appears that stalking behaviour is not properly recognised by professionals. In most cases—although not all—there is a history of domestic violence, with numerous incidents before matters are reported to the police. In a number of cases men were placed on domestic violence courses that were not appropriate, especially for those with links to mental ill health.

One case supplied by Paladin illustrates the problems that victims face. Rachel, aged 40, has been the subject of a long-term campaign of stalking. The stalker breached a court order banning him from contacting Rachel just hours after it was made. The magistrates court heard how he turned up at her address and workplace demanding she hand over cash, and he admitted stalking involving serious alarm and distress. He was given an 18-week suspended prison sentence and ordered to stay away from Rachel, but the next day he showed up at her place of work and was re-arrested. He told police, “She better not live in that house when I get out. I mean it.” His defence team stated that he was desperate and pleading for help. They said he did not threaten her when she said no to giving him money. The judge ordered the man to serve 18 weeks for each breach of the restraining order.

I strongly believe that whether a perpetrator is given a community or custodial sentence, a treatment programme from skilled practitioners is essential if victims are to be protected. I would welcome any statement from the Home Office on progress that has been made since last November when the laws came in, and on what plans there are for the future. I do not want to try your patience, Madam Deputy Speaker, so I will finish by saying that I am pleased, and actually proud, to take part in this debate.

--- Later in debate ---

[Priti Patel]

I thank my hon. Friend for his intervention. We must empower victims and victims’ families to speak out. It is important that they do, because by doing so, including through forums such as the one in his constituency, they can challenge the culture in those institutions that normally close their eyes and ears and that do not always stand up for the victims. Such forums can be powerful tools.

In my constituency and the county of Essex, we have gone a long way to change the whole process—the policing, the dialogue, the engagement, the interaction—through our police and crime commissioner, Nick Alston, who has been a breath of fresh air. Our change of approach stems from the fact that in the past Essex has not had a great track record; we have had some horrific cases of stalking, domestic abuse and violence. Again, it is about hearing victims’ voices and challenging the organisations involved. That can be a powerful tipping point and a forceful interaction for change.

[Sandra Osborne]

Does the hon. Lady agree that the media have an important role to play in presenting victims’ stories, which, if done in the wrong way, can be very injurious to the victims?

[Priti Patel]

The hon. Lady is absolutely right to mention the role of the media. From start to finish, the media must be balanced, sensitive and thoughtful in reflecting victims’ experiences, particularly when it comes to court reporting by journalists sitting in on cases, which brings me back to my comment about re-victimisation. If those journalists get it wrong, it is traumatic and dreadful for the victims. We must all work in a joined-up way with all the organisations and institutions to ensure the right parameters, so that the media know how to report cases in the right way.

I would like to reflect on some of the statements by victims about their interaction with the police after suffering the trauma of stalking and harassment, along with psychological and physical abuse. Some of their comments are quite telling about their experiences and the challenges they face, which we have to overcome to ensure that the system works for the victims. I was quite taken aback by some of their comments, which show a degree of trivialisation of the issue—I do not like using that word in this context—and, dare I say it, indifference from the police towards victims. One victim said:

“‘The police didn’t take me seriously on any occasion that I went to them to report numerous events”

of stalking and harassment. Another victim said:

“They told me to switch my phone off and ignore it. They said there that nothing can be done. I showed them dozens of texts, they were not…interested. They said nothing can be done unless he actually tries to hurt me!”

That is simply unacceptable and puts this issue into context. The system is letting victims down. It is appalling to think that, as we have heard in this debate, there are cases in which the result has been death or murder, and there are hundreds of cases up and down the country—all Members present this afternoon can testify to that.

It is pretty clear that the victims of stalking are consistently let down by the criminal justice system. Victimisation is an issue, as I have said, but although new laws have been introduced, it is pretty obvious that victims are still not at the heart of the criminal justice system. There is no doubt that many agencies display a lack of awareness of the new law, as the comments I have quoted show. My right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) spoke about training. There is no doubt that we need much more training, education and awareness. Again, incidents are treated in isolation, not linked with the totality of an offender’s behaviour and thus not seen as stalking when the victim finally reports. It is relentless. We have heard examples already, but although a perpetrator might be arrested, that is not linked with their stalking behaviour and they are not charged appropriately for that or for harassment. Then there are the wider issues about such behaviour leading to domestic abuse.

I also want to touch on the courts. It is quite clear that the courts are not always aware that victims might have been stalked consistently over a long period, as they will be dealing with only the latest and most recent element of crime in a case, with the result that the offender might not receive the right sentencing, as the judge or magistrate will not be fully aware of the context or history. There is so much more that the courts and the Crown Prosecution Service could do in this area, as well as by working with the police. I feel that the CPS sometimes enters into plea bargaining with offenders and drops charges in exchange for a guilty plea for a smaller number of lesser offences. We must look at this whole area if we are to ensure that victims receive the justice they deserve.

As we have all seen, victims are simply not taken as seriously as they must be—this is not about “should”; it is about “must”. They need to be treated with respect throughout their journey and their experience. All the research shows that too often the accounts of perpetrators are given precedence over those of victims, without thorough checking for corroborative evidence. Victims are not signposted to the appropriate support or given the right kind of safety advice or risk assessment. Again, it is a matter of securing the right balance. All of us who work with organisations and institutions must do what we can to put victims first.

Oral Answers to Questions

Sandra Osborne Excerpts

Thursday 20th June 2013 Commons Chamber

[Mr Browne]

My hon. Friend is right to draw the House’s attention to this appalling practice. I know that he uses that term because it is the one that is widely used to describe this, but I am always a bit guarded about using it because there is nothing at all honourable about treating women in that way. I am sure that that message will go out from every Member of this House, and I hope it will be heard increasingly right across the country.

[Sandra Osborne (Ayr, Carrick and Cumnock) (Lab)]

9. Only 6.5% of domestic violence incidents recorded by the police actually result in conviction. What kind of message does it send if an alleged perpetrator can receive a caution despite extensive corroborative evidence? Is that the norm? If it is, no wonder conviction rates are so low. Or is it a question of there being one law for the rich and famous and another for everybody else?

[Mr Browne]

There certainly is not one law for the rich and famous and another for everybody else, and if anybody is under the impression that there is, they are labouring under a misapprehension. I share the hon. Lady’s concern about domestic violence conviction rates, and we want to see them increase. Sometimes it is difficult to get a conviction in those circumstances, for reasons that will be obvious to everybody in the House. Domestic violence is an extremely serious crime, and although we have seen overall crime rates fall, we have not seen a marked fall in domestic violence rates. However, that is something we actually quite welcome because it may suggest a higher level of reporting of domestic violence than previously existed.

Violence against Women and Girls

Sandra Osborne Excerpts

Thursday 14th February 2013 Commons Chamber

[Fiona Mactaggart]

My hon. Friend is right. In preparing for this debate, I have been looking at research about whether sex and relationships education actually works. One of the things that that has shown is that there is further to go with boys than girls. We should take that very seriously, because we need to address the level of tolerance that young boys seem to have towards violence, seeing it as relatively normal. We do not know why that is.

[Sandra Osborne (Ayr, Carrick and Cumnock) (Lab)]

Will my hon. Friend give way?

--- Later in debate ---

[Philip Davies]

The hon. Lady seems to forget that for many people, respite from violence comes when the perpetrator of that violence is sent to prison. That is one of our best deterrents against violence. When people are prosecuted and not sent to prison, the violence continues. Sending people to prison is one of the best things we can do. It seems that Opposition Members are less keen on a zero tolerance approach to violence than their rhetoric suggests.

Given the title of the motion, we could be forgiven for thinking that the only—or main—victims of violent crime are women and girls, and that it does not apply to men or boys. In a debate that I secured in Westminster Hall last year on female offenders, I pointed out to my hon. Friend the Under-Secretary of State for Women and Equalities (Mrs Grant) that the reality of these matters sometimes differs from the rhetoric. After the debate I asked her in a parliamentary question whether she accepted that the figures I had quoted were correct. I received a reply which seemed to indicate that she did believe those figures were correct, and given that they are the Ministry of Justice’s own figures, I will continue to use them.

[Sandra Osborne]

Does the hon. Gentleman understand that the vast majority of incidents of violence against women and girls never get anywhere near the criminal justice system?

[Philip Davies]

The hon. Lady may well be right and we certainly need to do something about that. I do not disagree with that point.

I want to quote the most recent biennial statistics—from November 2012—from the Ministry of Justice on the representation of females and males in the criminal justice system. They confirm that men are twice as likely to be the victim of violent crime as women. Some 2% of women interviewed for the crime survey for England and Wales reported being victims of violence, compared with 4% of men. The statistics also confirm that of all incidents of violence reported in the 2011-12 crime survey, 62% of victims were male, and 38% were female.

--- Later in debate ---

[Mr Harper]

I will give way just once—to the hon. Member for Ayr, Carrick and Cumnock (Sandra Osborne).

[Sandra Osborne]

Is the Minister aware of the recent cross-party inquiry by the hon. Members for Hastings and Rye (Amber Rudd) and for Solihull (Lorely Burt) and me on unwanted pregnancy? We called for statutory provision for sex and relationships education. Will the Minister comment on that—it is relevant to the debate—before he takes his seat?

[Mr Virendra Sharma]

rose—

Child Sexual Exploitation

Sandra Osborne Excerpts

Tuesday 13th November 2012 Commons Chamber

[Sandra Osborne (Ayr, Carrick and Cumnock) (Lab)]

I warmly congratulate the hon. Member for Oxford West and Abingdon (Nicola Blackwood) on securing this debate and on the way she introduced it.

I want to address the issue from a slightly different point of view. I speak as someone who worked with survivors of incest and child sexual abuse for a number of years, so I am speaking mainly from the perspective of adult survivors of child sexual abuse. I am concerned that their voices are being drowned out by this whole stramash, which I am afraid yet again illustrates only too clearly a pattern that is often repeated when child sexual abuse is highlighted. All of a sudden people who do not know the first thing about it feel qualified to be judge and jury, going from outrage to denying the very nature and extent of the problem, saying things such as, “I don’t believe this could happen today, as attitudes have changed. Attitudes were different back then.” Perhaps things are better in the care system now, as the hon. Member for East Worthing and Shoreham (Tim Loughton) said, but personally I would not be the least bit surprised to hear that the whole thing had happened again.

What is people’s evidence for thinking that things are so different today? I was astonished to hear Lord Steel on “Any Questions?” last week suggesting that the extent of the problem could be greatly exaggerated. He also said that in all his years as an MP, no one had ever come to him about sexual abuse. Well, they have certainly come to me, and I have been an MP for far fewer years than he ever was. I am quite sure that that is also the experience of many of my colleagues. In any case, what Lord Steel said is to miss the whole point: that people do not find it easy to come forward, and certainly not to MPs.

Of course, that pattern is always followed by a “blame the victim” mentality, which we have already seen surfacing in the last few days. Victims have often been discredited in the past, accused of false memory syndrome, with a collective denial that such a thing as satanic abuse may actually exist, or, because they do not come from respectable backgrounds, are frankly written off by the whole system. When that has happened, I have been acutely aware of the effect on those who have come forward. Sometimes their confidence is so shattered that they even wish they had never said a word. We will never know how many others are deterred from coming forward at all, feeling that they will not be believed and certainly not expecting justice to be done.

[Sheila Gilmore (Edinburgh East) (Lab)]

Many years ago, I, like my hon. Friend, was involved with a rape crisis centre. As a result of that work, I became involved in setting up incest survivors groups. Does she agree that we should not allow child sexual abuse to become a fashionable moral panic for a few brief weeks, only to be ignored afterwards, as has often happened with other issues? We should take a responsible attitude to the way in which we discuss these things and ensure that there is a proper investigation.

[Sandra Osborne]

I could not agree more.

All the agencies that deal with child sexual abuse on a daily basis say that the incidence is much higher than people think, and that they are dealing with increasing numbers of survivors. As other Members have said, more people might be coming forward to name their abuser from the past because there are more resources available, but it certainly does not mean that it is a problem only of the past and not of the present. It certainly does not mean that it could not happen again. There has been scandal after scandal in the Catholic Church, involving children in care who are already vulnerable, so why are people so surprised? There are few areas in which criminal investigations have not taken place into institutional abuse. Every time, we say that we must learn the lessons to ensure that it does not happen again, but it always does.

The opportunities for grooming on the internet make today’s children even more vulnerable than they were in the past, but it is vital to remember that the majority of abuse takes place in the home and is perpetrated by a trusted adult, often the child’s father. There is a huge danger that that will be forgotten while the present debate rages on. Let us face it: it is far easier to believe that sexual abusers are an aberration, some kind of monster, rather than people like ourselves. Even when it turns out to have been a much-loved celebrity, we simply react with moral outrage, saying that he has let us all down as well as his victims, rather than face the fact that children are subjected to sexual abuse day in, day out in what is lauded as the safe refuge of the family. We also hear the myth that incest happens only in particular communities.

The reality is that, more often than not, the abusers are so-called respectable upstanding members of the community in positions of responsibility, trust and power—family men who portray to the outside world the image of a loving husband, father or close family member while using that as cover for the gross abuse of power which they believe entitles them to abuse their own children. The recent high-profile cases of child sexual exploitation show many similarities, such as the abuse of power, children not being believed, and adults with concerns not coming forward.

That is the unpalatable truth, as was the case with domestic violence in the past, when Women’s Aid was accused of being anti-male and anti-family. The same is true of tackling the taboo of child sexual abuse. Blaming the messenger for stating the obvious—that not all families provide the safe, loving and nurturing environment that every child deserves—is just another form of denial. All of this results in children being abandoned and remaining unheard, and not expecting to be heard, which suits the abuser just fine.

The media might fulminate against political correctness and describe Criminal Records Bureau checks as “bureaucracy gone mad”, but perhaps they should think again. Inquiries should of course be held to identify failings in the system, but the media should think again before they damn social workers if they do and damn them if they don’t. Or perhaps they should just try doing a social worker’s job for a week and seeing how they get on. We all know about social workers’ desperate lack of resources and huge case loads.

The air is thick with institutions desperately trying to cover their tracks, including the NHS, the BBC and the police. Inquiries, as we have heard, have been set up all over the place, and those with their own agenda are taking great pleasure in kicking the BBC. As far as I am concerned, those involved are big enough and able enough to defend themselves—children are not.

Many survivors, as I have said, will not disclose their abuse until adulthood. There is an assumption that people who have suffered childhood sexual abuse are damaged and incapable of living a normal life. On the contrary, it is testament to the strength and courage of many that they manage to have successful lives in a wide range of professions, achieving important goals in life, careers and relationships. This may apply even to MPs, if I may say so. Many survivors of abuse develop incredible coping mechanisms and carry them into adulthood. It is possible to recover from the many effects of abuse and to come to terms with what has happened by people realising that the abuse was not their fault. Some survivors find that difficulties remain with them for the rest of their lives. That is true, but it is not a hard and fast rule. Some people manage to push abuse to the back of their minds only for it to re-emerge unexpectedly like post-traumatic stress disorder later in life.

Some survivors—it has been my privilege to work alongside them—channel negative feelings into campaigning to improve awareness of abuse, and they find that helpful and life affirming. We should thank them for the work they did when they were not heard for many years but tried to raise the issue.

Thankfully, yes, there are now numerous charities and agencies providing support and treatment, but they do not have enough resources. Barnardo’s has said that

“local areas in all four nations”

of the UK

“will be best placed to respond if they acknowledge that this abuse could be occurring and adopt a collaborative approach to identify and tackle the problem.”

Again, some progress has been made in that respect over the last few decades. In Scotland, we have the children’s panel system—an example that has been praised in many different countries. But when it comes to adult survivors of sexual abuse, in Ayrshire, for example, our three local authorities and our health services have failed to provide a co-ordinated or coherent approach or adequate funding for services.

In conclusion, this whole sorry mess has provided us with an opportunity, and I agree with my hon. Friend the Member for Nottingham North (Mr Allen). As a society and as a Parliament, we have a chance to look at why this phenomenon occurs across races and creeds and in every country in the world, particularly our own. If we do not take that chance, we will have missed out on an opportunity, and children will suffer even more for decades to come.

Equality and Human Rights Commission

Sandra Osborne Excerpts

Tuesday 24th April 2012 Westminster Hall

[Sandra Osborne (Ayr, Carrick and Cumnock) (Lab)]

It is a pleasure to speak under your chairmanship, Ms Clark.

Staff at the Equality and Human Rights Commission are experts in their field and are deeply concerned about the attack on equalities represented by the proposed 62% budget cut and 72% staffing cut by 2015 from the original levels in 2007. They and their trade unions—the Public and Commercial Services Union and Unite—believe that those cuts amount to the closure of the EHRC as we know it and its transformation into little more than a think-tank.

The eminent QC, Sir Bob Hepple, states in a recent article for the Industrial Law Journal that the Commission’s

“ability to use effectively even its restricted powers will be compromised by severe cuts in its annual budget”.

The EHRC is an independent statutory body established by Parliament under the Equality Act 2006. As a regulator, the commission is responsible for enforcing equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status and encouraging compliance with the Human Rights Act 1998. Its powers include promoting understanding and encouraging good practice in relation to human rights, monitoring the law and providing legal assistance, providing information and advice, conducting inquiries and judicial reviews, providing a conciliation service, and grant making powers. In addition, European directives contain requirements for an equality body within member states.

Let me turn for a few moments to the Scottish dimension, given the very different political, legal and economic landscape. The proposed cuts would threaten high-profile work in Scotland, such as the disability harassment inquiry, the human trafficking inquiry, guidance to public bodies on their obligations under equality law and the EHRC hosting of Independent Living in Scotland.

The Scottish helpline deals with more than 5,000 calls per annum, the largest proportion of which are from Scots who have been subjected to disability discrimination. The Scottish helpline also provides a UK-wide service. The nature of the advice is highly technical. No other organisation with equivalent experience and knowledge can fill the gap and provide a similar quality of service.

The fact the commission is losing its funding function is already leaving a gap in the finances of well respected organisations such as the Govan Law Centre, the Glasgow Disability Alliance, the Equality Network and the Central Scotland Racial Equality Council—to name just a handful. What impact will the 62% budget cut have? The work force will be cut by more than half; legal enforcement capabilities will be reduced; the helpline will close by September 2012; and current provision in Scotland and Wales will end.

[Ann McKechin (Glasgow North) (Lab)]

I congratulate my hon. Friend on securing this debate on an organisation that is of great importance to some of the most vulnerable people in our society. Does she share my concern that there has been absolutely no planning or any sign of planning about how a service will be offered to vulnerable people who are suffering discrimination in Scotland that understands the specific context of Scotland in terms of devolution? The Secretary of State for Scotland has failed to meet the Equality and Human Rights Commission Scotland, and the last time that he met the organisation was in July 2010.

[Sandra Osborne]

I very much share my hon. Friend’s concerns, and I am very disappointed to hear that the Secretary of State for Scotland has not met anyone about this important issue.

Regional offices will be shut or reduced. For example, the Bristol and Nottingham offices have already been shut for about a year, and further offices planned for closure are Birmingham, Edinburgh, Newcastle, Bangor, Guildford, Cambridge and Leeds, and the offices in Manchester, London, Glasgow and Cardiff are to shrink. In addition, grant functions will end—some ended in March 2012 and the rest will end March 2013.

I want to go into more detail about the cuts and pose some questions to the Minister. The EHRC helpline currently provides direct advice to callers, and staff can refer cases for consideration for legal support by the commission. Of the more than 70,000 calls received every year by the helpline, despite the fact that it has never been properly advertised, the majority group calling for advice is disabled people. The helpline will be closed and replaced by September 2012 with a referral service signposting callers to potential sources of help. The outsourced referral line will not have the conciliation powers or legal assistance powers that the commission has under the Equality Act 2006.

A recent Guardian article by David Hencke on 3 April reported that the jobs agency at the centre of a fraud inquiry, A4e, is the preferred bidder for the EHRC helpline service. The Government Equalities Office has informed staff that the preferred bidder said that it will not keep any provision in Scotland or Wales.

More than 30% of staff who currently work for the helpline are disabled, some 20% are from black and minority ethnic communities and 20% are carers. Given the impossibility of relocating for many, particularly in Scotland and Wales where provision will end, and high likelihood of workers opting for redundancy, the expertise of those highly experienced advisers will be lost.

[Ann McKechin]

My hon. Friend may be aware that helpline workers in Scotland were advised last year that their contract with EHRC would terminate at the end of March. However, they have now been advised that they are requested to work until the end of June, because as yet no provider has been identified and an award of contracts has not been made. Does she agree that this is an utterly chaotic way to conduct a Government agency?

[Sandra Osborne]

Yes; that is typical of how staff have been treated in the agency.

The chances of a smooth transition to the referral line and retention of expertise, as the Government claim, are therefore negligible. Given the one third of operators who are disabled, one fifth from BME communities and one fifth who are carers, what equality impact assessment has been made of the changes to the helpline provision? Why the delay with the announcement of the new helpline provider? The announcement was supposed to be made in mid-February, but it is now rumoured to have been pushed back to the middle of May.

The closure of regional offices will exacerbate the problems of advice deserts, where no other advisory services exist, and the commission will lose its vital link to the public and vital access to crucial evidence of emerging issues. Instead of remaining regionally focused, teams have been reassigned to undertake national support work. The loss of those offices and the intelligence-gathering work that they do at grass-roots level, which my hon. Friend mentioned, will have a significant impact on the understanding of equality and human rights across Great Britain.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Lady on bringing this matter to the House. Does she agree that in these days of cuts, which we are now shaping up to, there is a danger that we are preventing some people from taking advantage of legal guidance and legal aid? As I suspect that she is aware, we should consider one section of the community in particular: ladies should get legal aid and advice at the time of their life when they need it most.

[Sandra Osborne]

I could not agree more, and I hope to mention that later.

What research has been done to ascertain the impact of the closure of regional offices on the problem of advice deserts and gathering evidence on emerging local issues?

Legal grants—projects providing specialist legal advice and representation in equality and human rights—ended on 31 March, and strategic grants providing guidance, advice and advocacy services, infrastructure development, capacity building and good relations will end in March 2013. Many disability and race groups have benefited from the EHRC grants programme, as they did before the EHRC’s creation. A grant received by a local equality body from the EHRC could, and often did, lead to additional sources of revenue from other funders, such as the lottery, charities and local authorities.

The warnings by experts such as Race on the Agenda in 2007 that the local BME infrastructure would suffer significant funding reductions have been realised, not because of the EHRC’s creation, but because of Government cuts to the EHRC grants programme. The Government have argued that the grants function, among other services, should close because they claim grants have little impact and the service function has not been well managed. Although there is an ongoing complaint about the Government’s statement in this regard, it is perhaps most telling to note that the experts and stakeholders also challenge the Government’s assertion. A survey of providers by the Discrimination Law Association indicated that, without EHRC grants, advice organisations such as citizens advice bureaux and law centres would not be able to sustain their services and that some might have to close down completely. My question to the Minister is, from whom have the Government and/or EHRC received protestations about the withdrawal of the grants programme?

The EHRC’s mediation services have ended. Contrary to the Government’s claims that legal aid will take up the shortfall, once the legal aid reforms are implemented, the only legal aid available for discrimination cases will be for goods, facilities and services cases, which are in the minority and are complex and involve large sums. Employment cases will not be eligible for any legal aid support.

I want to turn now to the loss of independence and United Nations “A” status. In 2009, the commission became one of just 70 United Nations “A” status accredited national human rights institutions. The EHRC is Britain’s first accredited NHRI. The “A” status confers special rights and entitlements to work with the UN Human Rights Council. To determine this status, the UN reviewed the work and structure of the commission at the time and found it to be compliant with the Paris principles. Key Paris principles are that the NHRI must be independent of government and not be subject to financial control that might affect its independence. The commission must also have adequate funding to conduct its activities. The loss of independence, lack of financial control and lack of funding due to 62% cuts mean that this status is in jeopardy.

The commission recently published its framework agreement with the Home Office, which includes details of spending controls and an obligation on the commission to provide a business case for approval to the Home Office’s director of communications for all projects with an element of spend on advertising and marketing. If the project is spending more than £100,000, the business case, once approved by the HO director of communication, should go to the Home Secretary and Minister for Women and Equalities. Once HO Ministers have approved it, the EHRC must complete the Cabinet Office’s exemption template and submit the case for approval to the Cabinet Office Efficiency and Reform Group and the Minister for the Cabinet Office.

The agreement also states that the Home Office should receive near final versions of external EHRC communications 48 hours before issue. I do not know whether that is independence. Many MPs will be surprised that the framework agreement dictates how the commission interacts with Parliament and yet states categorically that the commission must be politically neutral and abide by the Cabinet Office’s rules on lobbying for non-departmental public bodies.

The commission is also instructed to issue guidance to staff, outlining when and how briefings for Parliament are developed, the style of briefings and how briefings should be internally cleared. Does the Minister believe that the framework agreement complies with the Paris principles, particularly relating to independence? Has he assessed the impact of the proposed budget cut to £26 million by the end of this year on the commission’s independence?

The current restructuring at the EHRC repeats many of the mistakes identified in the Public Accounts Committee report of 2010. The report highlighted the problem of staff with valuable skills leaving through an early exit scheme and went on to recommend that the Treasury and the Cabinet Office should ensure that they provide clear guidelines on the need to consider the retention of key skills when devising early exit schemes.

According to an answer to a parliamentary question, the EHRC spent £500,000 a month at one stage on consultancy fees and expenses for interim staff who are leading the work on reforming the commission. That is neither an acceptable use of public money, nor is it in the interests of the taxpayer. These major changes are occurring as questions about the commission’s new chair go unanswered. What assurances can the Minister give that the commission will not lose more skilled and experienced staff through more early exit schemes and that it will not replace staff already lost with costly consultants in the future? Can he say whether the Treasury and the Cabinet Office have produced the guidelines recommended by the PAC to ensure the retention of skilled staff, and has the commission followed that guidance? When will its next chair be announced?

Key stakeholders who responded to the Government consultation on the future of the EHRC, which was called “Building a fairer Britain: Reform of the Equality and Human Rights Commission”, made clear the need to maintain the EHRC’s funding and remit. However, the Government have so far refused to publish the results of the consultation in detail, despite freedom of information requests, parliamentary questions and an official letter to the Home Secretary from the general secretary of the TUC. So I have another question for the Minister. I am asking lots of questions, but that is because there are lots of questions to be answered. Will he publish the responses to the Government consultation on the future of the EHRC and, given the Home Office’s report on its own website that the majority of respondents opposed the changes to the EHRC, will the Minister halt further cuts?

There are many reasons for the EHRC to be proud of its achievements in its first two years. In fact, those achievements are too numerous to mention all of them in the time that I have available today. To mention just a couple of them, the EHRC has ensured protection against discrimination in employment for 6 million carers and exposed exploitation of migrant workers in the meat-processing sector.

There are still many equality challenges facing Britain today that require the presence of an effective EHRC. The annual reports of the Tribunals Service show a substantial increase in the number of claims lodged in employment tribunals since 2008-09. In addition, there are planned cuts to legal aid worth £350 million, and there will be a £1.166 billion reduction in grants to local government. At the same time, confidence in the voluntary sector is at an all-time low, and a voluntary sector in crisis cannot fill the vacuum left by funding cuts to local government grants, legal aid and the EHRC. A Government who take equality seriously would be committed to a future-proofed EHRC.

However, I acknowledge—as do many of the EHRC’s natural allies—that it has not all been plain sailing for the EHRC. Its first three sets of accounts were qualified by the National Audit Office, and obvious tensions between staff, senior management and the commissioners have no doubt had an impact on the EHRC’s ability to achieve its goals. The Government have sought to attack and undermine the work of the EHRC, particularly because of financial management issues. However, responsibility for those issues does not lie with those who work on the helpline, the grants team and the mediation service, or in regional offices. Any such issues should be sorted out, but they should not be used as an excuse to cut essential services to those who are in need and to those who are suffering discrimination.

As I have already said, despite concerns about the EHRC’s performance, non-governmental organisations, unions and others still want to see an effective, robust and independent EHRC, and I agree with them as the chair of the all-party group on equalities. Those bodies want a future in which an outward-looking, integrated and well-resourced commission that is in touch with the grass-roots concerns and needs of ordinary people provides much-needed enforcement powers, advice and support to the people of Britain, as they face the dire economic challenges brought about by this Government’s policies.

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I congratulate the hon. Member for Ayr, Carrick and Cumnock (Sandra Osborne) on securing this debate, and on her commitment to equality. I apologise for the fact that the Minister for Equalities is unable to be in Westminster Hall this afternoon to respond directly to the debate.

I know of the hard work done by the hon. Member in chairing the all-party group on equalities, and how rigorous that group is in its approach to equality and fairness. Although we may have differences in relation to a number of the issues that she has raised today, the Government welcome the group’s rigour because we are unequivocal in our commitment to equal treatment and equality of opportunity. That is why we have taken a number of significant steps since we were elected to tackle the barriers to equal opportunities and social mobility. Although there will be differences between us this afternoon, I think that there is common recognition of these important issues.

However, on our own the Government will only ever make limited progress. If we are to stamp out prejudice and give everyone the chance to achieve their potential, we need concerted action by individuals, businesses and voluntary organisations across our communities. We also need a strong and effective equality body and national human rights institution to monitor our progress, make recommendations about how we can do better and ensure the law is working as intended.

Although I recognise the EHRC has struggled with a number of issues over the past few years, I pay tribute to several of its ordinary members of staff. However, the commission has struggled with its remit and to demonstrate that it is delivering value for money. As the hon. Lady highlighted, its first three sets of accounts were qualified, attracting criticism from the Public Accounts Committee. Its helpline and grants programmes were found to be poorly administered and poorly targeted. Its conciliation service was not cost-effective, costing almost £5,000 per case—almost 10 times more than those of other mediation providers.

[Sandra Osborne]

I share the Minister’s disappointment that the Minister for Equalities is not here. She sat with me in the Committee that considered what became the Equality Act 2010. No matter what the previous Government wanted to do, she wanted to go further—how things have changed. However, will the Minister confirm the costs I mentioned, as well as the costs the Government have paid for consultancies?

[James Brokenshire]

We will no doubt come on to consultancy. One challenge the commission has faced relates to its use of interim staff, which has caused it some real issues. Over 2009-10, it spent almost £9 million—almost a third of its total pay bill—on an average of just 85 interim staff, or just 16% of its total work force for that year. There is nothing fair about that for the taxpayer.

That is why our Government-wide review of non-departmental public bodies concluded in October 2010 that the EHRC should be retained, but substantially reformed. At the same time, we announced in the spending review that we would more than halve its budget, from £55 million to £26.8 million. I know those cuts are a source of significant concern for the hon. Lady, but she will recognise, although perhaps not agree, that the Government have had to deal with real challenges as a result of the budget deficit left by the previous Government. Difficult decisions and reforms are needed to reduce that deficit.

Moreover, it is clear that even after the budget cuts, the EHRC remains well funded compared with similar bodies in other countries. As an arm’s length body, it is for the EHRC to decide how to manage the budget reductions. The location of the EHRC’s offices and the number of staff it employs at them are operational matters for the board and the management to decide after consultation with staff. If the EHRC is to deliver maximum value for taxpayers’ money, however, it must focus on its core remit—the areas where it alone can add value.

[Sandra Osborne]

Does the Minister think it is for the EHRC to decide completely to withdraw a service from Scotland and Wales? Surely, that is something the Government should be interested in.

[James Brokenshire]

The hon. Lady will be aware of the statutory functions imposed on the EHRC, as well as the duties it has in relation to devolution as a consequence, and it has underlined that it will continue to engage with local partners. Decisions on the deployment and location of staff are obviously operational matters for the EHRC, but it has specific legislative responsibilities in relation to the devolved nations, such as the requirement to have specific decision-making committees for Scotland and Wales. It remains committed to working with local stakeholders.

The hon. Lady will know that in March 2011 we set out detailed proposals to reform the EHRC to achieve the focus on its core remit by clarifying its remit; stopping non-core activities and, where appropriate, making alternative provision where those activities can be done better or more cost-effectively by alternative providers; and strengthening its governance and systems to provide greater transparency, accountability and value for money. We received almost 1,000 responses to the consultation. While I recognise that she is impatient for the Government’s response, it is right that we take the time to consider the views expressed before announcing a way forward, and we hope to respond to the consultation shortly. A number of non-legislative reforms are, however, already under way.

I am aware of the hon. Lady’s concerns about the closure of the EHRC’s helpline and the ending of its grants programmes, and I will respond to them directly. I can reassure her that people will be able to receive expert advice and support on discrimination, which is tailored to their individual circumstances, from the new equality advisory and support service that we are commissioning. She challenged me on whether there is a preferred bidder. No, there is not a preferred bidder. The procurement process for a new equality advisory and support service is continuing and no preferred bidder has been selected. The intention is that the process should be completed in May, with the new service becoming operational in September.

Central Government funding for legal advice on discrimination will continue to be available through legal aid to ensure that limited public funds are targeted on those who need it most—the most serious cases in which legal advice or representation is justified. On conciliation, the Ministry of Justice website provides information on, and links to, good quality, accessible and effective mediation for individuals in England and Wales. In addition, a means-tested service for those who cannot afford the fees is available through LawWorks. The hon. Lady will be pleased to know that similar provision is also available in Scotland.

We have sought to impose tighter financial controls and to stop waste. The operational independence of the EHRC—a publicly funded body—should not be a justification for financial indiscipline. In March, a new framework document clarifying the relationship between the EHRC and the Government was agreed between the Home Office and the EHRC board. The new framework document makes it clear that the EHRC will comply with Government-wide rules on managing public money, and with public expenditure controls, where they do not interfere with the EHRC’s ability to perform its statutory functions. In addition to establishing tighter financial controls, the new framework document sets out how the EHRC and Government will work together to increase the EHRC’s transparency to Parliament and the public about how it operates.

There have been signs of progress following action by the Government. The EHRC has reduced its dependence on interim staff and now has fewer than 20 in post. It plans to have no interim staff by 1 April 2013. It is moving swiftly to deliver significant reductions to the cost of its corporate support functions through agreeing arrangements to share back-office services with other organisations. It has set out plans to rationalise its accommodation in the next 12 months, including moving out of its expensive central London offices, which will result in further savings of more than £3 million a year. In November last year, there was a significant sign of progress when its first satisfactory set of accounts were laid before Parliament.

On the telephone helpline, the hon. Lady asked whether there had been an equality impact assessment. An equality policy statement was published by the Home Office in December, and the new service will provide a better service for people from disadvantaged groups than the helpline it is replacing. We want the EHRC to become a valued and respected national institution. To do so, it must focus on the areas in which it alone can add value, and it must be able to demonstrate value for taxpayers’ money. We will respond to the consultation shortly. We will also appoint a new chair shortly. I hope that hon. Members in all parts of the House will support our plans.[Official Report, 10 May 2012, Vol. 545, c. 1MC.]